HomeMy WebLinkAboutBack-Up DocumentsCITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Emilio T. Gonzalez, Ph.D.
City Manager
FROM: n ie Perez, CPPD, Director
D partment of Procurement
RECOMMENDATION:
DATE: November 19, 2019 FILE:
SUBJECT: Recommendation of Award
for Garbage Bags and Liners
REFERENCES: Invitation for Bid ("IFB")
No. 1136381
ENCLOSURES: Bid Tabulation
Based on the findings below, the Department of Procurement ("Procurement") hereby
recommends award of IFB No. 1136381 to All American Poly Corp. ("All American Poly"), the
lowest responsive and responsible Bidder, for the provision of Garbage Bags and Liners. The
awarded vendor, contract terms, and amount are shown below.
IFB No./Title: IFB No. 1136381, Garbage Bags and Liners.
Contract Amount: $23,786.06 annually (Approximately $190,288.49 in the
aggregate).
Contract Term: Initial term for a period of two (2) years, with the option to renew
for three (3) additional two (2) year periods.
Recommended Vendor: All American Poly Corp.
BACKGROUND:
On October 15, 2019, Procurement issued IFB No. 1136381, under full and open competition.
As required by the Procurement Code, the IFB was advertised and issued online. On November
12, 2019 at the bid closing seven (7) bids were received. All bid responses were evaluated and
tabulated following the guidelines directed in the IFB. One (1) bid, was deemed non-responsive
as the company failed to provide a list of three (3) references as required by the IFB. Procurement
is recommending award to All American Poly the lowest responsive and responsible Bidder, per
bid specifications.
Consequently, approval of this recommendation to award is requested. Your signature below will
indicate approval of this recommendation.
Approved: Date:
EmM T. Gonzalez, Ph.D., City Manager
Joseph F. Napoli, Deputy City Manager
Sandra Bridgeman, CPA, Assistant City Manager, Chief Financial Officer
Yadissa A. Calderon, CPPB, Assistant Director, Procurement
PR 20022
Bid Tabulation
IFB No.: 1136381 - Garbage Bags and Liners
All American Poly
All Florida Paper Inc
Central Poly Corp
Interboro Packaging Corp
Proud Tshirts Company
RB Inten
Total Cost =
Total Cost =
Total Cost =
Total Cost =
Total Cost =
Line No.
Item Description
Unit
Quantity
hens Cost
Item cost x
Item Cost
Item Cost x
Item Cost
Item Cost x
Item Cost
Item Cost x
Item Cost
Item Cost x
Quantity
Quantny
Quantity
Quantity
Quantity
1
Garbage Bags and Liners: Liners on Rolls. Heavy Duty. BLACK. Flat Type. 22 inch x 16
Each
221000
50.21
$45,968.00
S0.26
$57,681.00
50.23
$50,388.00
$024
$52,686.40
S022
$48,620.00
inch x 60 inch, 60 gal., 2.2 Mil.
2
Garbage Bags and Liners: Liners on Rolls. Heavy Duty. BLACK. gusset Type. 22 inch x
16 inch x 60 inch, 60 gal., 2.2 Mil.
Each
691000
$0.21
$143,728.00
S0.26
5178,278.00
50.23
$157,548.00
50.23
$162,246.80
$0.23
$158,930.00
3
Garbage Bags and Liners: Liners on Rolls. Super Heavy Duty, BLACK. Flat Type. 38 inch
Each
1300
$0.25
5326.43
S038
$491.40
50.30
$387.40
S0.35
$450.84
S029
5377.00
x 58 inch, 60 gal., 3 Mil
4
Garbage Bags and Liners: Liners on Rolls. Super Heavy Duty. BLACK. Gusset Type. 38
inch x 58 inch, 60 gal., 3 Mil
Each
600
S025
5150.66
S040
5240.00
50 30
5181.50
50 35
5208.08
SO 29
$174.00
5
Garbage Bags and Liners: Heavy Duty. BLACK. Gusset Type. 38 inch x 60 inch, 55 gal,
2.2 Mil.
Each
500
S0.23 1
5115.40
S0.23
5115.00
$021
5107.00
SO 25
$126.20
S030
5150.00
$190,288.49
S236,805.40
5208,611.90
5215,718.32
$208,251.00
LOWEST
" This amount is for the term of the contract plus the options to renew.
" RB International Supply Corp, was deemed non-responsive as the company failed to provide a list of three (3) references as required by Section 2.10, 'References" of the IFB.
Approved: by:'
Director, or designee/
i
i
C
Prepared by: Cristiane Lima
11/14/2019
State of New Jersey
Department of Treasury: Division of Revenue & Enterprise Services
Business Record Service
Business Entity Status Report
Search Summary
Search Type: Business Name
Business Name: All American Poly
Order
Status Order Business Name Entity- ID City Type Original
Report Copies Filin6 Date u
ALL AMERICAN
POLY CORP. 0100026823 PISCATAWAY DP 10/1976
—'
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Quote: 2690374 (RFQ 1136381.3)
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Quote History (RFQ 1136381,3) >
Actions jOnline Discussions l Go
Title Invitation for Bid for Garbage
Bags and Liners
Close Date
12 -Nov -2019 14:00:00
Time Left 0 seconds
Ranking
Price Only
Quote Style Sealed
Supplier
All American Poly
Quote Currency USD
Supplier Site
Contact rosen, Sir zeke
Quote Valid Until
12 -Nov -2020
Suppliers' Quote Number
Purchase Order
Quote Status Active
Shortlist Status
Included
Note to Buyer
Name Title U dateDelete
Signed Bid forms >
Attachments
Reference Letters
Requirements
Legal Name of Firm:
Entity Type: Partnership, Sole Proprietorship,
Corporation, etc.
Federal Employer Identification (FEI/EIN)
Number.:
Year Established
_. .. __.— .__.__ _.._---- --- ._.-------- ---- __...__
Office Location City of Miami, Miami Dade County, or
Other
Business Tax Receipt / Occupational License
Number:
Business Tax Receipt / Occupational License Issuing
Agency and Expiration Date:
Reference No 1: Name of Company/Agency for which
bidder is currently providing the services/goods as
described in this solicitation, or has provided such
services/goods in the past:
Reference No 1. Address, City, State, and Zip for
above reference company/agency listed:
Reference No 1: Name of Contact Person and
Telephone Number for above reference no. 1
Reference No. 1: Date of Contract or Sale for above
reference no. 1
Target
Value Quote Value
AllAmerican P
Corporation
13-2837320
1,976 _
Piscataway, NJ
SEE ATTACHED REFERENCE LETTERS
SEE ATTACHED REFERENCE LETTERS
SEE ATTACHED REFERENCE LETTERS
SEE ATTACHED REFERENCE LETTERS
Maximum
Score Score
Reference No. 2: Name of Company/Agency for which
SEE ATTACHED REFERENCE LETTERS
bidder is currently providing the services/goods as
described in this solicitation, or has provided such
services/goods in the past:
Reference No. 2: Address, City, State, and Zip for
SEE ATTACHED REFERENCE LETTERS
above reference company/agency listed:
Reference No. 2: Name of Contact Person and
SEE ATTACHED REFERENCE LETTERS
Telephone Number for above reference no. 2
Reference No. 2: Date of Contract or Sale for above
SEE ATTACHED REFERENCE LETTERS
reference no. 2
Reference No. 3: Name of Company/Agency for which
SEE ATTACHED REFERENCE LETTERS
bidder is currently providing the services/goods as
described in this solicitation, or has provided such
services/goods in the past:
___
Reference No. 3: Address, City, State, and Zip for
SEE ATTACHED REFERENCE LETTERS
above reference company/agency listed:
Reference No. 3: Name of Contact Person and
SEE ATTACHED REFERENCE LETTERS
Telephone Number for above reference no. 3
Reference No. 3: Date of Contract or Sale for above
SEE ATTACHED REFERENCE LETTERS
reference no. 3
11.111,
Will Subcontractor(s) be used? (Yes or No)
No
If subcontractors will be utilized, provide their name,
N/A
address and the the portion of the work they will be
responsible for under this contract (a copy of their
license(s) must be submitted with your bid response):
Please list and acknowledge all addendum/addenda
Please
_._
.-_.__ - ------ - -------
1 10/21/2019
received. List the addendum/addenda number and
2 10/28/2019
date of receipt (i.e. Addendum No. 1, 7/1/19). If no
3 11/6/2019
addendum/addenda was/were issued, please insert
N/A.
If Bidder has a Local Office, as defined under Chapter
N/A
18/Article III, Section 18-73 of the City Code, has
Bidder filled out, notarized, and included with its bid
response the "City of Miami Local Office Certification"
form? YES OR NO? (The City of Miami Local Office
Certification form is located in the Oracle Sourcing
system ("iSupplier"), under the Header/Notes and
Attachments Section of this solicitation)
Contract Terms
Variables
Details Section
No variables found.
Deliverables
Total, D,- ----._0
Clause :Variable Description Value
Deliverable Name Due Date Status Alert Update
No deliverables found.
Lines
_!TIP All prices are in USD.
Quote Total (USD) 190,288.49
Show All Details I Hide All Details
Need -
Start Target Quote
Target
Quote By
Promised
Active
Details Line Ship -To Rank Price Price Price Unit Quantity Quantity Date
Date
Line Total Quotes
y Sherr; 1 Garbage 261000- 1
0.208 Each
221,000
221,000
06 -Dec-
45,968.00 6
Bags and Procurement
2019
Liners:
16:25:45
Liners on
Rolls.
Heavy
Duty.
BLACK.
Flat Type.
22 inch x
16 inch x
60 inch,
60 gal.,
2.2 Mil.
Sno+,v 2 Garbage 261000 - 1
0.208 Each
691,000
691,000
06 -Dec-
1431,728.00 6
Bags and Procurement
2019
Liners:
16:25:52
Liners on
Rolls.
Heavy
Duty.
BLACK.
gusset
Type. 22
inch x 16
inch x 60
inch, 60
gal., 2.2
Snow 3 Garbage 261000 - 1
0.2511 Each
1,300
1,300
06 -Dec-
326.43 6
Bags and Procurement
2019
Liners:
16:25:52
Liners on
Rolls.
Super
Heavy
Duty.
BLACK.
Flat Type.
38 inch x
58 inch,
60 gal., 3
Mil
Show 4 Garbage 261000 - 1
0.2511 Each
600
600
06 -Dec-
150.66 6
Bags and Procurement
2019
Liners:
16:25:52
Liners on
Rolls.
Super
Heavy
Duty.
BLACK.
Gusset
Type. 38
inch x 58
inch, 60
gal., 3 Mil
±, Show 5 Garbage 261000 - 3 0.2308 Each 500 500 06-Dec- 115.40 6
Bags and Procurement 2019
Liners: 16:25:52
.Heavy
Duty.
BLACK.
Gusset
Type. 38
inch x 60
inch, 55
gal, 2.2
.............. .
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About this Page Privacy Statement Copyright (c) 2006, Oracle. All rights reserved.
City of Miami
Invitation for Bid (IFB)
Procurement Department
Miami Riverside Center
444 SW 2n11 Avenue, 61" Floor
Miami, Florida 33130
Web Site Address: www.miamigov.com/prooLirement
IFBNumber: 1136381,3
Title: Invitation for Bid for Garbage Bags and
Liners
Issue Date/Time:
IFBClosing Date/Time:
Pre-Bid/Pre-Proposal Conference:
Pre-Bid/Pre-Proposal Date/Time:
Pre-Bid/Pre-Proposal Location:
Deadline for Request for Clarification:
Contracting Officer:
Hard Copy Submittal Location:
Contracting Officer E -Mail Address:
Contracting Officer Facsimile:
06-NOV-2019
12-NOV-2019 @ 14:00:00
None
Monday, November 4, 2019 @15:00:00
Lima, Cristiane
City of Miami - City Clerk
3500 Pan American Drive
Miami FL 33133 US
CLima@miamigov.com
(305)400-5009
Page 1 of 45
Certification Statement
Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and
retain a copy for your files. Prices should include all costs, including transportation to destination. The
City reserves the right to accept or reject all or any part of this- submission. Prices should be firm for a
minimum of 180 days following the time set for closing of the submissions.
In the event of errors in extension of totals, the unit prices shall govern in determining the quoted
prices.
We (I) certify that we have read your solicitation, completed the necessary documents, and propose to
furnish and deliver, F.O.B. DESTINATION, the items or services specified herein.
The undersigned hereby certifies that neither the contractual party nor any of its principal owners or
personnel have been convicted of any of the violations, or debarred or suspended as set in section
18-107 or Ordinance No. 12271.
All exceptions to this submission have been documented in the section below (refer to paragraph and
section).
EXCEPTIONS:
We (I) certify that any and all information contained in this submission is true; and we (I) further certify
that this submission is made without prior 'understanding, agreement, or connection with any
corporation, firm, or person submitting a submission for the same materials, supplies, -equipment, or
service, and is,in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and
conditions of this solicitation and certify that I am authorized to sign this submission for the submitter.
Please print the following and sign your name:
PROPOSER NAME: All American Poly
ADDRESS: 40 Turner Place
PHONE:
732-752-3200 x1124
FAX
732-752-2305
EMAIL: zeke@aliampoly.com CELL(Optional):
SIGNED BY: Nikki Klein
TITLE: Bid Agent DATE: 11/6/2019
FAILURE TO COMPLETE, SIGN, AND RETURN THIS -FORM SHALL DISQUALIFY THIS
RESPONSE.
Page 2 of 45
Certifications
Legal Name of Firm:
All American Poly
Entity Type: Partnership, Sole Proprietorship, Corporation, etc.
Corporation
Federal Employer Identification (FEI/EIN) Number.:
13-2837320
Year Established:
1976
Office Location: City of Miami, Miami -Dade County, or Other
Piscataway, NJ
$usiness Tax Receipt / Occupational License Number:
N/A
Business Tax Receipt / Occupational License Issuing Agency and Expiration Date:
N/A
Reference No. 1: Name of Company/Agency for which bidder is currently providing the services/goods
as described in this solicitation, or has provided such services/goods in the past:
SEE ATTACHED REFERENCE LETTERS
Deference No. 1: Address, City, State, and Zip for above reference company/agency listed:
Deference No. 1: Name of Contact Person and Telephone Number for above reference no. 1
Reference No. 1: Date of Contract or Sale for above reference no. 1
Reference No. 2: Name of Company/Agency for which bidder is currently providing the services/goods
as described in this solicitation, or has provided such services/goods in the past:
SEE ATTACHED REFERENCE LETTERS
Reference No. 2: Address, City, State, and Zip for above reference company/agency listed:
Page 3 of 45
Reference No. 2: Name of Contact Person and Telephone Number for above reference no. 2
Reference No. 2: Date of Contract or Sale for above reference no. 2
Reference No. 3: Name of Company/Agency for which bidder is currently providing the services/goods
as described in this solicitation, or has provided such services/goods in the past:
SEE ATTACHED REFERENCE LETTERS
Reference No. 3: Address, City, State, and Zip for above reference company/agency listed:
Reference No. 3: Name of Contact Person and Telephone Number for above reference no. 3
Reference No. 3: Date of Contract or Sale for above reference no. 3
Will Subcontractor(s) be used? (Yes or No)
No
If subcontractor(s) will be utilized, provide their name, address and the the portion of the work they will
be responsible for under this contract (a copy of their license(s) must be submitted with your bid
response):
Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and
date of receipt (i.e. Addendum No. 1, 7/1/19). If no addendum/addenda was/were issued, please insert
N/A.
1--10/21/2019 2-10/28/2019 3-11/6/2019
If Bidder has a Local Office, as defined under Chapter 18/Article III, Section 18-73 of the City Code,
has Bidder .filled out, notarized, and included with -its bid response the "City of Miami Local Office
Certification" form? YES OR NO? (The City of Miami Local Office Certification form is located in the
Oracle Sourcing system ("iSupplier"), under the Header/Notes and Attachments Section of this
solicitation)
Page 4 of 45
Line: 1
Description: Garbage Bags and Liners: Liners on Rolls. Heavy Duty. BLACK. Flat Type. 22 inch
x 16 inch x 60 inch, 60 gal., 2.2 Mil.
Category: 66524-11
Unit of Measure: Each
Unit Price: $ $0.2080 Number of Units: 221,000 Total: $ 45,968.00
Manufacturer Name: All American Poly
Item/Product No. 386OXXH-AAP
22" x 16" x 60"
Dimensions:
Packaging (Bags/Case) 125/case one roll per case
Line: 2
Description: Garbage Bags and Liners: Liners on Rolls. Heavy Duty. BLACK. gusset Type. 22
inch x 16 inch x 60 inch, 60 gal., 2.2 Mil.
Category: 6624-11
Unit of Measure: Each
Unit Price: $ •$0.2080 Number of Units: 691,000 Total: $ 143,728.00
Manufacturer Name: All American My-
Item/Product No.
Dimensions:
Packaging (Bags/Case)
Line: 3
386OXXH-AAP
22" x 16" x 60"
125/case one roll per case
Description: Garbage Bags and Liners: Liners on Rolls. Super Heavy Duty. BLACK. Flat Type.
38 inch x 58 inch, 60 gal., 3 Mil
Category: 66524-11
Unit of Measure: Each
Page 5 of 45
Unit Price: $ $0.2511 Number of Units: 1,300 Total: $ 326.43
Manufacturer Name: All American Poly
Item/Product No. 3858XXXH-AAP
38" x 58"
Dimensions:
Packaging (Bags/Case) 100/case one roll per case
Line:4 '
Description: Garbage Bags and Liners: Liners on Rolls. Super Heavy Duty. BLACK. Gusset
Type. 38 inch x 58 inch, 60 gal., 3 Mil
Category: 66524-11
Unit of Measure: Each
Unit Price: $ $0.2511 Number of Units: 600 Total: $ 150.66
Manufacturer Name: All American Poly
Item/Product No. 3858XXXH-AAP
Dimensions: 38" x 58"
Packaging (Bags/Case) 100/case one roll per case
Line:5 '
Description:'Garbage Bags and Liners: Heavy Duty. BLACK. Gusset Type. 38 inch x 60 inch, 55
gal, 2.2 Mil.'
Category: 66524-11
Unit of Measure: Each
Unit Price: $0.2308 Number of Units: 500 Total: $ 115.40
All American Poly
Manufacturer Name:
Item/Product No. 386OXXH-AAP
Page 6 of 45
Dimensions: 38" x 60"
Packaging (Bags/Case)
100/case
Page 7 of 45
ALL AMERICAN POLY
40 Turner Place
Piscataway, NJ 08854
Zeke Rosenwasser
Director of Bids
Phone: 732-752-3200 Ext 1124
Toll Free: 800-526-3551 Ext 1124
Fax: 732-752-2305
Email: zeke(@,allampoly.com
FEIN: 13-2837320
Reference Letters
September 18, 2015
All American Poly
Attn: Zeke Rossenwasser
40 Turner Place
Piscataway, NJ 08854
Senn Township OnardofC® sioners
20 Wayne Avenue
71anover, TA 17331
717-632-7366 tef
un m.penntwp.com
717-632-2464 fa.X
Penn Township, York County Pennsylvania utilizes a "Pay As You Throw" trash collection service for
its residents. The program is very simple. The Township purchases 250,000 trash bags each year and sells the
bags to the residents. The residents purchase only the number of bags needed to dispose of their trash. That is
the only cost to the Township residents for trash collection.
Since we are a municipality in Pennsylvania we are required to publicly bid the purchase of that quantity
of trash bags and accept the bid from the lowest responsible bidder.
I'm glad to say that All American Poly has been the successful bidder numerous times over the past
several years. The quality of their product and level of service has always been excellent.
Sincerely,
William H. Mahone
Environmental Director
September 21, 2015
All American Poly Corp.
40 Turner Place
Piscataway, NJ 08854
Dear Zeke Rosenwasser,
I would like to take a minute and thank you for all the great work you do for us.
I've been doing business with you since I started working for Middletown back in 2006.
Over the years I've learned the games played within the plastic can liner industry and all I can
say based on my experience is most manufacturers / resellers like to cheat.
You have been the most reliable and honest of them all.
We here at Middletown City Schools take our purchasing very seriously.
Many suppliers knowingly manufacture or resell lighter case weights to hedge against the ever
changing price of resin. Any Issues I've had were always resolved and I look forward to a long
relationship with you and your business.
If need be you may pass this letter or have any potential new customers contact me.
I would be happy to give them a current account of my relationship with your company.
Sincerely, "Honesty is the cornerstone of all success, without which confidence
and ability to perform shall cease to exist." - Mary Kay Ash
L
Michael Wagner
Stores Clerk - Buildings and Grounds Dept.
Enlarged City School District of Middletown
PH. 845.326.1197
FAX. 845.326.1221
BOARD OF EDUCATION
WEST DEPTFORD TOWNSHIP SCHOOLS
OFFICE OF FACILITY MANAGEMENT
675 Grove Rd., Suite 809
West Deptford, NJ 08066.1999
Myron Hall Phone: (856) 848-4300 ext.' 2692
Director of Facilities Fax: (856)..845-3892
August -13, 2015
To Whom It May Concern:
As Director of Facilities for the West Deptford Board of Education, Iam pleased to
recommend Zeke Rosenwasser of All American Poly. I have worked closely with Zeke for
many years and am very impressed with the positive customer/vendor relationship,
competitive pricing and quality products... On many occasions, I have had to contact Zeke
"with last minute orders and he responds .promptly and efficiently. I look forward to
continuing my relationship with Zeke in the coming years and would highly recommend his
company to anyone who may be looking for a dependable company to provide for your
trash related needs.
Vcerely,.l
Director of Facilities
West Deptford Board of Education
October 18, 2015
All American Poly
40 Turner Place
Dear Zeke Rosenwasser,
YPill
Owltv;3
I would like to take a minute and thank you for all the great work you do for us. I've been doing
business with you since I started working for the Village of St. Bernard back in 2009.
Since we are a Municipality in Oho we are required to publicly bid the purchase of that quality of trash
bags and accept the bids from the lowest responsible bidder. I'm glad to say that All American Poly has
been the successful bidder numerous times over the past several years. The quality of their product and
the level of service have always been excellent.
If need be you may pass this letter on or have any potential new customer contact me.
Sincerely,
Phil Stegman
Service Director
Village of St. Bernard
513-242-7770 ext. 7720
Direct Dial: 513-482-7494
Cell: 513-615-5917
service@cityofstbernard.org
110 2l/�taK 1ecue, S�. rSezKafrd, (lua 45217 (513) 242- 7770 �74x: (513) 641-1940
cuucu. Ci�i'u'�iezvctcui. auf
west virginia department of environmental protection
tiW DEP
601 57th Street. S.E.
Charleston, WV 25304-2345
Phone: 304-926-0499
October 19, 2015
All American Poly
Attn. Zeke Rossenwasser
40 Turner Place
Piscataway, N3 08854
To whom it may concern:
Earl Ray Tomblin, Governor
Randy C. Huffman, Cabinet Secretary
dep.wv.gov
All American Poly has been our customized trash bag vender for the last three years. All
American Poly has provided an excellent product, timely shipping, and great customer service.
Our program utilizes the bags to pick up trash and litter along the roadsides in our state. The
bags supplied meet all of our specifications and hold up very well.
All American Poly has done a great job providing us with quality trash bags
Please call if you have any questions.
Sincerely,
� a
Gregory A Rote field operations
WVDEP REAP Program
304-926-0499 ext. 1270
Promoting a healthy environment.
October 20, 2015
CITY OF
GERMANTOWN
TENNESSEE 1430 South Germantown Road • Germantown, Tennessee 38138-28I5
Phone (901) 757-7200 Fax (901) 757-7292 wrwv.cL,-ermantown.tn.us
To Whom It May Concern:
As an Inventory Control Coordinator for the City of Germantown, I am pleased to recommend Zeke
Rosenwasser of All American Poly. I have worked closely with Zeke for many years and I'm very
impressed with the positive customer/vendor relationship, competitive pricing and quality products. On.
many occasions, I have had to contact Zeke with last minute orders and he responds promptly and
efficiently. l look forward to continuing my relationship with Zeke in the coming years and would highly
recommend his company to anyone who may be looking for a dependable company to provide for your
trash related needs.
Sincerely,
Christopher A. Franklin
Inventory Control Coordinator
City of Germantown
Mary Robinson
School Purchasing Coordinator
(978)623-8314
All American Poly
Attn: Zeke Rossenwasser
40 Tumor Place
Piscataway, NJ 08854
To Whom It May Concern:
ANDOVER PUBLIC SCHOOLS
36 Bartlet Street
Andover, MA 01810
October 23, 2015
We have done business with All American Poly for many years. Our school system uses
their bags primarily in the cafeteria areas of the schools, and they have met or exceeded our
expectations. All American Poly provides us with black bases, and we have used three
different sizes and strengths over the years.
I have found that All American Poly has been a totally responsive vendor. Zeke
Rossenwasser has provided excellent customer service and has fulfilled any rush jobs as
quickly as possible. I would recommend Zeke and All American Poly for their trash bag
needs.
We look forward to a long relationship with All American Poly.
Sincere'
r
Mary R insor
School urchasina Coordinator
January 5, 2016
All American Poly
Attn: Zeke Rossenwasser
40 Turner Place
Piscataway, NJ 08854
To Whom It May Concern:
downtown
rj1��.,!
909 Fannin, Suite 1650
Houston, Texas 77010
TEL 713.650.3022
FAX 713.650.1484
downtowndistrict.org
downtownhouston.org
All American Poly has been our customized trash bag liner vendor since 2006. All
American Poly has provided excellent quality and customer service. The Houston
Downtown Management District utilizes the bags for removing litter off the sidewalks of
downtown Houston, TX, providing bags to curbside trash program subscribers and
removing trash from trash receptacles on the sidewalks and at METRO bus stops. All
American Poly provides us with clear bags and also two different sizes and strengths of a
custom print and colored bag.
All American has provided an excellent product with timely shipping and very
competitive pricing. Zeke Rossenwasser has provided excellent customer service and
fulfilled rush jobs in a timely manner. We would recommend Zeke and All American
Poly to anyone who may be looking for a dependable company to provide for their trash
liner needs.
We look forward to continuing our relationship with All American Poly for years to
come.
Sincerely,
Scott Finke
Operations Administrator
Houston Downtown Management District
(713) 223 — 2003 phone
(713) 223 — 1003 fax
ANNE PEREZ, CPPO
Chief Procurement Officer
",T-tv
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Afiami
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rix
ADDENDUM NO. 3
IFB No. 1136381
Eb•IILIO T. GONZALEZ, PH.D.
City Manager
November 4, 2019
Invitation For Bid ("IFB") for Garbage Bags and Liners
TO: ALL PROSPECTIVE BIDDERS:
The following changes, additions, clarifications, and deletions amend the IFB documents of the above
captioned IFB and shall become an integral part of the Contract Documents. Deletions of contract
language will be specified herein. Bold words and/or figures shall be added. The remaining
provisions are now in effect and remain unchanged. Please note the contents herein and reflect
same on the documents you have on hand.
The following are inquires received and the corresponding responses.
Q1. Has there been any price increase for the trash liners since the last tabulation dated in
2014?
Al. No, there have been no price increases.
Q2. What is the weight (lbs. per case) of the garbage bags and liners currently being
purchased?
A2. The current weight of 100 garbage bags and liners is 33 to 44 pounds per case.
Q3. Can the City provide a sample of each plastic liner?
A3. No. The City does not provide samples. Please refer to section 3.1."Specifications/Scope of Work"
of the Solicitation for further information regarding liners specifications.
Q4. Is the Business tax Receipt/Occupational License the same as the NY State Division of
Corporations Number or DUNS Number?
A4. No. The Business Tax Receipt/Occupational License is issued by the local government for tax
classification purposes, if applicable.
Sincerely,
Ann' Perez, CPPO
Director/Chief Procurement Officer
AP/cl
Cc: IFB File
(niter Of Minmi
ANNIE PEREZ, CPPO
Chief Procurement Officer
ADDENDUM NO. 2
IFB No. 1136381
EMILIO T. GONZALEZ, PH.D,
City Manager
October 28, 2019
Invitation For Bid ("IFB") for Garbaqe Bags and Liners
TO: ALL PROSPECTIVE BIDDERS:
The following changes, additions, clarifications, and deletions amend the IFB documents of the above
captioned IFB and shall become an integral part of the Contract Documents. Deletions of contract
language will be specified herein. Bold words and/or figures shall be added. The remaining
provisions are now in effect and remain unchanged, Please note the contents herein and reflect
same on the documents you have on hand.
Q1. Can the City provide an estimate for how many deliveries will be required throughout the
year, or an order history?
Al. The average number of deliveries is approximately two (2) to four (4) deliveries per month
(Approximately 1600 bags per month),
Q2. How many delivery locations will there be for the liners?
A2. The contract will be available for use by all City Departments. The mostfrequent delivery locations
are as follow:
City of Miami - Parks - Operation
1950 NW 12th Ave
Miami, FL 33136
City of Miami - NET - Administration
151 NW 27th Avenue
Miami, FL 33125
City of Miami - Dinner Key Marina
3400 Pan American Drive
Miami, FL 33133
City of Miami Solid Waste Department —Waste Collection
1290 NW 20 St
Miami, FL 33142
City of Miami - Marine Stadium Marina
3501 Rickenbacker Causeway
Miami, FL 33149
Q3. Please confirm if a bid bond will be required?
A3. No. A Bid Bond is not required for this IFB.
Q4. Is there a preferred case pack size or configuration?
A4. No, there is not a preferred case pack size or configuration. Please refer to section 3.1.1.(1)
"Quantity Per Case", and section 3.1.3. "Pricing" of this IFB for further information.
Q5. Can the liner be gang folded inside the case?
A5. Yes.
incerely,
_h7 'Ie e, CPPO
Director/Chief Procurement Officer
Page 2
AP/cl
Cc: IFB File
ANNIE PEREZ, CPPO
Chief Procurement Officer
CT -ter of .41x1
n
�+xtir
ADDENDUM NO. 1
IFB No. 1136381
EMILIO T. GONZALEZ, PH.D.
City Manager
October 18, 2019
Invitation For Bid ("IFB") for Garbage Bags and Liners
TO: ALL PROSPECTIVE BIDDERS:
The following changes, additions, clarifications, and deletions amend the IFB documents of the above
captioned IFB and shall become an integral part of the Contract Documents. Deletions of contract
language will be specified herein. Bold words and/or figures shall be added. The remaining
provisions are now in effect and remain unchanged. Please note the contents herein and reflect
same on the documents you have on hand.
Q1. Can star sealed liners be an acceptable substitute for gusset type liners?
Al. Yes, please refer to Section 3.1.1. (C), Specifications of this solicitation.
Q2. Can you provide the previous contract pricing/bid tabulation for this bid?
A2. Refer to the attached Exhibit A, Award of Bid.
Q3. What is the delivery schedule? Partial or one-time delivery?
A3. Please refer to Section 2.16, Delivery for delivery schedule. Additionally, the City prefers one-
time deliveries, however, the City understands that at times there may be items on backlog.
Whenever this occurs and prior written notice is provided to the City, the City will accept partial
deliveries on a case by case basis.
Sincere[V,
Annie Perez, CPPO
Director/Chief Procurement Officer
AP/cl
Cc: IFB File
Item: Description:
# 1 Garbage Bags and Liners: Heavy Duty.
BLACK. Flat Type. Min. 40 inch x 46 inch,
45 gal., 1.4 Mil.
Manufacturer Name:
Item/Product No.
Dimensions:
Packaging (Bags/Case)
# 2 Garbage Bags and Liners: Heavy Duty.
BLACK. Gusset Type. Min. 40 inch x 46
inch, 45 gal., 1.4 Mil.
Manufacturer Name:
Item/Product No.
Dimensions:
Packaging(Bags/Case)
# 3 Garbage Bags and Liners: Liners on Rolls.
Heavy Duty. BLACK. Fiat Style. Min. 40
inch x 48 Inch, 50 gal„ 22 Mic.
Manufacturer Name:
Item/Product No.
Dimensions:
Packaging (Bags/Case)
# 4 Garbage Bags and Liners: Liners on Rolls.
Heavy Duty. BLACK. Gusset Style. Min. 40
inch x 48 inch, 50 gal., 22 Mic.
Manufacturer Name:
Item/Product No.
Dimensions:
Packaging (Bags/Case)
# 5 Garbage Bags and Liners: Heavy Duty.
BLACK. Flat Type. 43 inch x 47 inch, 40-45
gal., 2.0 mil, 100 Liners Per case.
Manufacturer Name:
Item/Product No. i
Dimensions: s
Packaging (Bags/Case) 3
# 6 Garbage Bags and Liners: Heavy Duty.
BLACK. Gusset Type. 43 inch x 47 inch, 40-
45 gal., 2.0 mil, 100 Liners Per case.
Manufacturer Name:
Item/Product No.
�I
Dimensions:
Packaging (Bags/Case)
# 7 Garbage Bags and Liners: Heavy Duty. a
BLACK. Flat Type. 38 inch x 60 inch, 55
gal„ 2.2 Mil.
Manufacturer Name:
Item/Product No.
Dimensions:
Packaging (Bags/Case)
98 Garbage Bags and Liners: Heavy Duty.
BLACK. Gusset Type. 38 inch x 60 inch, 55
gal., 2.2 Mil.
Manufacturer Name:
Item/Product No.
Dimensions:
Packaging (Bags/Case)
EXHIBIT A
AWARD OF BID
IFB NO. 472336 - GARBAGE BAGS AND LINERS
Central Poly -Bag Corp Interboro Packaging Corp
Alternate Bid 'B"
Est. Extended Extended
Qty: Unit Price Amount: , Unit Price Amount:
.l Each 46000
0Each 46000
Each 150000 $0.080Q0 lei $ 12_,000.00
CENTRAL POLY ..
CP4048K22
40X48
150
Lch 150000 $0.08300 /ea $ 92,450.00
CENTRAL POLY
CP231748K22
40X48
150 • _ .:
Each 29500
Each 29500
Each 10000
Each 10000
Prepared by: Yadissa Calderon, 12/23/14 Page 1 of 4
Item: Description:
# 9 Garbage Bags and Liners: Super Heavy.
GREY. Flat Type. 38 inch x 58 inch, 60 gal.,
1.1 Mil.
Manufacturer Name:
Item/Product No.
Dimensions:
Packaging (Bags/Case)
#10 Garbage Bags and Liners: Super Heavy.
GREY. Gusset Type. 38 inch x 58 inch, 60
gal., 1.1 Mil.
Manufacturer Name:
Item/Product No.
Dimensions:
Packaging (Bags/Case)
i
#11 Garbage Bags and Liners: Liners on Rolls.
Heavy Duty. BLACK. Flat Type. 22 inch x i
16 inch x 60 inch, 60 gal., 2.2 Mil.
Manufacturer Name: 3
Item/Product No.
Dimensions:
Packaging (Bags/Case)
# 12 Garbage Bags and Liners: Liners on Rolls.
Heavy Duty. BLACK. Flat Type. 22 inch x
16 inch x 60 inch, 60 gal., 2.2 Mil.
Manufacturer Name:
Item/Product No.
Dimensions:
Packaging (Bags/Case)
#13 Garbage Bags and Liners: Heavy Duty.
BLACK. Flat Type. 24 inch x 24 inch, 10
gal., 8 Mic. k.
Manufacturer Name:
Item/Product No.
Dimensions:
Packaging (Bags/Case)
#14 Garbage Bags and Liners: Heavy Duty.
BLACK. Gusset Type. 24 inch x 24 inch, 10
gal., 8 Mic.
Manufacturer Name:
Item/Product No.
Dimensions:'
Packaging (Bags/Case)
d
#15 Garbage Bags and Liners: Liners on Rolls.
Super Heavy Duty. BLACK. Flat Type. 38 �t'
inch x 58 Inch, 60 gal., 3 Mil
Manufacturer Name:
Item/Product No.j
Dimensions:
Packaging (Bags/Case)
# 16 Garbage Bags and Liners: Liners on Rolls.
Super Heavy Duty. BLACK. Gusset Type.
38 inch x 58 inch, 60 gal., 3 Mil
Manufacturer Name: `,
Item/Product No.
Dimensions:
Packaging (Bags/Case)
AWARD OF BID
IFB NO. 472336 - GARBAGE BAGS AND LINERS
Central Poly -Bag Corp Interboro Packaging Corp
Alternate Bid "B"
Est. Extended Extended
j
U 0 M � Unit Price Amount: ,Unit Price Amount:
t
Each
1400
$0.19200 lea $
268.80
CENTRAL POLY
CP3858G1.1
38X58
100
i
Each
1400
$0,19400 /ea $ _
271.60
CENTRAL POLY
CP221660G1.1
22X16X60
jf
100
Each
700
$0.27600 lea $
193.20
CENTRAL POLY
CP3860K2.2
I
38X60 ;
I
-`100
Each
500
$0.27600 Me $
138.00
CENTRAL POLY :.
-
CP221660K2.2
22X16X6Q
100
Each
5000
$0.01020 lea $
51.00
CENTRAL POLY
CP2424K8
24X24.'
1.000 "
Each
500C
$0.01060 /ea $
53.00
CENTRAL POLY
CP15924K8
1.5X9X24`
1000
Each
1350
$0.34900 /ea $
47115
CENTRAL POLY
CP3858K3
38X58 ..
100
Each
1350
$0.34900 lea . $
471.15
CENTRAL POLY
CP221658K3
22X16X58.
100
Prepared by: Yadissa Calderon, 12/23/14 Page 2 of 4
Item: Description:
# 17 Garbage Bags and Liners: Liners on Rolls.
Extra Super Heavy. BLACK. Fiat Type. 38
inch x 58 inch, 60 gal., 16 Mic.
Manufacturer Name:
Item/Product No.
Dimensions:
Packaging (Bags/Case)
# 18 Garbage Bags and Liners: Liners on Rolls.
Extra Super Heavy. BLACK. Gusset Type.
38 inch x 58 inch, 60 gal., 16 Mic.
Manufacturer Name:
Item/Product No.
Dimensions:
Packaging (Bags/Case)
#19 Garbage Bags and Liners: Extra Heavy
Duty. BLACK. Fiat Type. 38 inch x 60 inch,
65 gal., 22 Mic.
Manufacturer Name:
Item/Product No.
Dimensions:
Packaging (Bags/Case)
i
# 20 Garbage Bags and Liners: Extra Heavy '
Duty. BLACK. Gusset Type. 38 inch x 60
inch, 65 gal., 22 Mic.
Manufacturer Name:
Item/Product No.
Dimensions: e
Packaging (Bags/Case)
# 21 Garbage Bags and Liners: Liners on Rolls.
Super Heavy Duty. BLACK. Flat Type. 38
inch x 58 inch, 60 gal., 1 bail.
Manufacturer Name:
Item/Product No.
Dimensions:
Packaging (Bags/Case)
# 22 Garbage Bags and Liners: Liners on Rolls.
Super Heavy Duty. BLACK. Gusset Type.
38 inch x 58 inch, 60 gal., 1 Mil. €-
Manufacturer Name: f
Item/Product No,
Dimensions:
Packaging (Bags/Case)
# 23 Garbage Bags and Liners: Liners on Rolls.
Heavy Duty. CLEAR. Fiat Type. 30 inch x
37 inch, 30 gal., 8 Mic.
Manufacturer Name:
Item/Product No.
Dimensions:
Packaging (Bags/Case)
# 24 Garbage Bags and Liners: Liners on Rolls.
Heavy Duty. CLEAR. Gusset Type. 30 inch
x 37 inch, 30 gal., 8 Mic. h
Manufacturer Name:
Item/Product No.
Dimensions:
Packaging (Bags/Case)
AWARD OF BID
IFB NO. 472336 - GARBAGE BAGS AND LINERS
Central Poly -Bag Corp
Est. Extended
UOM t b Unit Price Amount:
Each 80000 $0.11200 /ea $ 8,960.00
CENTRAL POLY
CP3858K16
38X58
100
6 Each 80000
Each 4500 $0.09900 /ea $ 445.50
CENTRAL POLY
CP386OK22
38 X 60
150
Each 4500 $0.10300 /ea $ 463.50
i CENTRAL POLY
I CP22166OK22
j 22X16X60
150
Each 5000
Each 5000
Each 1250 $0.02980 /ea $ 37.25
CENTRAL POLY
CP3037N8
30X37
500
Each 1250 $0.03040 /ea $ 38.00
CENTRAL POLY
CP161437N8
16X14X37
500
Prepared by: Yadissa Calderon, 12/23/14 Page 3 of 4
Interboro Packaging Corp
Alternate Bid "B"
Extended
Item: Description:
# 25 Garbage Bags and Liners: Hi -Density,
CLEAR. Flat Type. 40 inch x 48 inch, 40-45
gal., 17 Mic.
Manufacturer Name:
Item/Product No.
Dimensions:
Packaging (Bags/Case)
# 26 Garbage Bags and Liners: Hi -Density,
CLEAR, Gusset Type. 40 inch x 48 inch, 40-
45 gal., 17 Mia
Manufacturer Name:
Item/Product No.
Dimensions:
Packaging (Bags/Case)
I
#27 Garbage Bags and Liners: Heavy Duty.
CLEAR. Flat Type. 38 inch X 60 inch, 60
gal., 17 Mic.
Manufacturer Name:
Item/Product No. g
Dimensions:
Packaging (Bags/Case) I
#28 Garbage Bags and Liners: Heavy Duty, 3
CLEAR. Gusset Type. 38 inch X 60 inch, 60
gal., 17 Mic.
Manufacturer Name:
Item/Product No.
Dimensions:
Packaging (Bags/Case)
a
# 29 Garbage Bags and Liners: Liners on Rolls.
Heavy Duty. CLEAR. Flat Type. 24 inch x
24 inch, 10 gal., 6 Mic.
Manufacturer Name:
Item/Product No.
Dimensions:
Packaging (Bags/Case)
s
# 30 Garbage Bags and Liners: Liners on Rolls.
Heavy Duty. CLEAR. Gusset Type. 24 inch
x 24 inch, 10 gal., 6 Mic.
Manufacturer Name:
Item/Product No.
Dimensions:
Packaging (Bags/Case) 2
# 31 Garbage Bags and Liners: Hospi-Tuff. RED,
33 inch X 39 inch, 33 gal., 1 MIi., MFG:
Tyco Plastics, Item No. LHCP3339MPR.
NO SUBSTITUTIONS.
Manufacturer Name:
Item/Product No.
Dimensions:
Packaging (Bags/Case)
AWARD OF BID
IFB NO. 472336 - GARBAGE BAGS AND LINERS
Est.
UOM Qtv;
Each 12500
!Each 12500
'Each 13700
Each 13700
Each 47500
Each 47500
Case 450
Prepared by: Yadissa Calderon, 12/23/14 Page 4 of 4
P07
`'/ �11+ , City of Miamt
I- invitation for Bid (IFB)
*U
7[^
o
Procurement Department
Miami Riverside Center
444 SW 2nd Avenue, 61h Floor
Miami, Florida 33130
Web Site Address: wAfw.miamiaov.com/procurement
IFBNumber: 1136381
Title:
Issue Date/Time:
IFBClosing Date/Time:
Pre-Bid/Pre-Proposal Conference:
Pre-Bid/Pre-Proposal Date/Time:
Pre-Bid/Pre-Proposal Location:
Deadline for Request for Clarification:
Contracting Officer:
Hard Copy Submittal Location:
Contracting Officer E -Mail Address:
Contracting Officer Facsimile:
Invitation for Bid for Garbage Bags and
Liners
15 -OCT -2019
12-NOV-2019 @ 14:00:00
None
Monday, November 4, 2019 @15:00:00
Lima, Cristiane
City of Miami - City Clerk
3500 Pan American Drive
Miami FL 33133 US
CLima@miamigov.com
(305)400-5009
Page 1 of 45
Certification Statement
Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and
retain a copy for your files. Prices should include all costs, including transportation to destination. The
City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a
minimum of 180 days following the time set for closing of the submissions.
In the event of errors in extension of totals, the unit prices shall govern in determining the quoted
prices.
We (I) certify that we have read your solicitation, completed the necessary documents, and propose to
furnish and deliver, F.O.B. DESTINATION, the items or services specified herein.
The undersigned hereby certifies that neither the contractual party nor any of its principal owners or
personnel have been convicted of any of the violations, or debarred or suspended as set in section
18-107 or Ordinance No. 12271.
All exceptions to this submission have been documented in the section below (refer to paragraph and
section).
EXCEPTIONS:
We (I) certify that any and all information contained in this submission is true; and we (I) further certify
that this submission is made without prior understanding, agreement, or connection with any
corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or
service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and
conditions of this solicitation and certify that I am authorized to sign this submission for the submitter.
Please print the following and sign your name:
PROPOSER NAME:
ADDRESS:
PHONE:
EMAIL:
SIGNED BY:
TITLE:
Q�
CELL(Optional):
DATE:
FAILURE TO COMPLETE. SIGN, AND RETURN THIS FORM SHALL DISQUALIFY THIS
RESPONSE.
Page 2 of 45
Certifications
Legal Name of Firm:
Entity Type: Partnership, Sole Proprietorship, Corporation, etc.
Federal Employer Identification (FEI/EIN) Number.:
Year Established:
Office Location: City of Miami, Miami -Dade County, or Other
Business Tax Receipt / Occupational License Number:
Business Tax Receipt / Occupational License Issuing Agency and Expiration Date:
Reference No. 1: Name of Company/Agency for which bidder is currently providing the services/goods
as described in this solicitation, or has provided such services/goods in the past:
Reference No. 1: Address, City, State, and Zip for above reference company/agency listed:
Reference No. 1: Name of Contact Person and Telephone Number for above reference no. 1
Reference No. 1: Date of Contract or Sale for above reference no. 1
Reference No. 2: Name of Company/Agency for which bidder is currently providing the services/goods
as described in this solicitation, or has provided such services/goods in the past:
Reference No. 2: Address, City, State, and Zip for above reference company/agency listed:
Page 3 of 45
Reference No. 2: Name of Contact Person and Telephone Number for above reference no. 2
Reference No. 2: Date of Contract or Sale for above reference no. 2
Reference No. 3: Name of Company/Agency for which bidder is currently providing the services/goods
as described in this solicitation, or has provided such services/goods in the past:
Reference No. 3: Address, City, State, and Zip for above reference company/agency listed:
Reference No. 3: Name of Contact Person and Telephone Number for above reference no. 3
Reference No. 3: Date of Contract or Sale for above reference no. 3
Will Subcontractor(s) be used? (Yes or No)
If subcontractor(s) will be utilized, provide their name, address and the the portion of the work they will
be responsible for under this contract (a copy of their license(s) must be submitted with your bid
response):
Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and
date of receipt (i.e. Addendum No. 1, 7/1/19). If no addendum/addenda was/were issued, please insert
N/A.
If Bidder has a Local Office, as defined under Chapter 18/Article III, Section 18-73 of the City Code,
has Bidder filled out, notarized, and included with its bid response the "City of Miami Local Office
Certification" form? YES OR NO? (The City of Miami Local Office Certification form is located in the
Oracle Sourcing system ("iSupplier"), under the Header/Notes and Attachments Section of this
solicitation)
Page 4 of 45
Line: 1
Description: Garbage Bags and Liners: Liners on Rolls. Heavy Duty. BLACK. Flat Type. 22 inch
x 16 inch x 60 inch, 60 gal., 2.2 Mil.
Category: 66524-11
Unit of Measure: Each
Unit Price: $ Number of Units: 221,000 Total: $
Manufacturer Name:
Item/Product No.
Dimensions:
Packaging (Bags/Case)
Line: 2
Description: Garbage Bags and Liners: Liners on Rolls. Heavy Duty. BLACK. gusset Type. 22
inch x 16 inch x 60 inch, 60 gal., 2.2 Mil.
Category: 66524-11
Unit of Measure: Each
Unit Price: $ Number of Units: 691,000 Total: $
Manufacturer Name:
Item/Product No.
Dimensions:
Packaging (Bags/Case)
Line: 3
Description: Garbage Bags and Liners: Liners on Rolls. Super Heavy Duty. BLACK. Flat Type.
38 inch x 58 inch, 60 gal., 3 Mil
Category: 66524-11
Unit of Measure: Each
Page 5 of 45
Unit Price: $ Number of Units: 1,300 Total: $
Manufacturer Name:
Item/Product No.
Dimensions:
Packaging (Bags/Case)
Line: 4
Description: Garbage Bags and Liners: Liners on Rolls. Super Heavy Duty. BLACK. Gusset
Type. 38 inch x 58 inch, 60 gal., 3 Mil
Category: 66524-11
Unit of Measure: Each
Unit Price: $ Number of Units: 600 Total: $
Manufacturer Name:
Item/Product No.
Dimensions:
Packaging (Bags/Case)
Line: 5
Description: Garbage Bags and Liners: Heavy Duty. BLACK. Gusset Type. 38 inch Y 60 inch, 55
gal, 2.2 Mil.
Category: 66524-11
Unit of Measure: Each
Unit Price: $
Manufacturer Name:
Item/Product No.
Number of Units: 500 Total: $
Page 6 of 45
Dimensions:
Packaging (Bags/Case)
Page 7 of 45
Invitation for Bid (IFB) 1136381
Table of Contents
Termsand Conditions......................................................................................................................................................9
1. General Conditions............................................................................................................................................9
1.1. 1. General Terms and Conditions for Invitation for Bids (IFB)..............................................................9
2. Special Conditions...........................................................................................................................................37
2.1. PURPOSE.............................................................................................................................................37
2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL
INFORMATION/CLARIFICATION..........................................................................................................37
2.3. PRE-BID/PRE-PROPOSAL CONFERENCE......................................................................................37
2.4. TERM OF CONTRACT.......................................................................................................................37
2.5. CONDITIONS FOR RENEWAL.........................................................................................................37
2.6. NON -APPROPRIATION OF FUNDS.................................................................................................37
2.7. CURES..................................................................................................................................................38
2.8. BIDDERS MINIMUM QUALIFICATIONS.......................................................................................38
2.9. METHOD OF AWARD.......................................................................................................................38
2.10. REFERENCES....................................................................................................................................38
2.11. SUBMISSION REQUIREMENTS.....................................................................................................38
2.12. TIE BIDS............................................................................................................................................38
2.13. INSURANCE REQUIREMENTS......................................................................................................39
2.14. COMPLIANCE WITH FEDERAL STANDARDS............................................................................40
2.15. PRODUCT/CATALOG INFORMATION.........................................................................................40
2.16. DELIVERY.........................................................................................................................................41
2.17. PACKING SLIP/DELIVERY TICKET TO ACCOMPANY ITEMS DURING DELIVERY ..........41
2.18. SAMPLES...........................................................................................................................................41
2.19. METHOD OF PAYMENT..................................................................................................................41
2.20. MATERIALS SHALL BE NEW AND WARRANTED AGANST DEFECTS...............................41
2.21. EXCLUSION OF THE CITY'S GENERAL TERMS AND CONDITIONS.....................................41
2.22. ADDITIONS/DELETIONS OF FACILITIES/ITEMS/PRODUCTS/SUPPLIERS ...........................42
2.23. WARRANTY, FITNESS FOR PURPOSE.........................................................................................42
2.24. PRIMARY CLIENT (FIRST PRIORITY).........................................................................................42
2.25. TERMNATION.................................................................................................................................42
2.26. ADDITIONAL TERMS AND CONDITIONS...................................................................................43
3. Specifications..................................................................................................................................................44
3.1. SPECIFICATIONS/SCOPE OF WORK...............................................................................................44
Page 8 of 45
Terms and Conditions
1. General Conditions
Invitation for Bid (IFB) 1136381
1.1. 1. General Terms and Conditions for Invitation for Bids (IFB)
1. GENERAL TERMS AND CONDITIONS FOR INVITATION FOR BID (IFB) -
References to goods only apply insofar as they are applicable to "Goods" as defined in Section 18-73 of the City
Code. References to "Professional and Personal Services" are as defined in Section 18-73 of the City Code.
Intent: The General Terms and Conditions described herein apply to the acquisition of goods/ services with an
estimated aggregate cost of $25,000.00 or more.
Definition: A Formal Solicitation is defined as issuance of an Invitation for Bids, Request for Proposals, Request
for Qualifications, or Request for Letters of Interest pursuant to the City of Miami (City) Procurement Code and/or
Florida Law, as amended. Formal Solicitation and Solicitation shall be defined in the same manner herein.
I.I. ACCEPTANCE OF GOODS - Any good(s) delivered under this Formal Solicitation, if applicable, shall
remain the property of the Bidder until a physical inspection and actual usage of the good is made, and thereafter is
accepted as satisfactory to the City. It must comply with the terms herein and be fully in accordance with
specifications and of the highest quality. In the event the goods supplied to the City are found to be defective or do
not conform to specifications, the City reserves the right to cancel the order upon written notice to the Successful
Bidder/Contractor and return the product to the Successful Bidder/Contractor at the Successful Bidder/Contractor's
expense.
1.2. ACCEPTANCE OF OFFER - The signed or electronic submission of a Bidder's response shall be considered
an offer on the part of the Bidder; such offer shall be deemed accepted upon issuance by the City of a Purchase
Order.
1.3. ACCEPTANCE/REJECTION - The City reserves the right to accept, reject any or all, or portion of responses
after opening/closing date, and request re -issuance on the goods/services described in the Formal Solicitation. In the
event of a rejection, the Director of Procurement shall notify all affected Bidders and provide a written explanation
for such rejection. The City also reserves the right to reject the Response of any Bidder which has previously failed
to properly perform under the Terms and Conditions of a City Contract, to deliver on time contracts of a similar
nature, and which is not capable to perform the requirements defined in this Formal Solicitation. The foregoing is
not an all-inclusive list of reasons for which a response may be rejected. The City further reserves the right to waive
any irregularities, minor informalities, or technicalities in any or all responses and may, at its sole discretion,
re -issue the Formal Solicitation.
1.4. ADDENDA - It is the Bidder's responsibility to ensure receipt of all Addenda. Responses to questions/inquiries
from prospective Bidders will be provided in the form of an Addendum. Addenda are available at the City's website
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at: http://www.miamigov.com/Procurement/pages/SupplierComer/default.asp
1.5. ALTERNATE RESPONSES -Alternate responses will not be considered, unless specifically requested by the
City.
1.6. ASSIGNMENT - Successful Bidder/Contractor agrees not to subcontract, assign, transfer, convey, sublet,
pledge, encumber, or otherwise dispose of the resulting Contract, in whole or in part, or any or all of its rights, title
or interest herein, without the City's prior written consent.
1.7. ATTORNL EY'S FEES - In connection with any litigation, appellate, administrative, mediation, and/or
arbitration arising out of the resulting Contract, each party shall bear their own attorney's fees through and including,
appellate litigation and any post -judgment proceedings.
1.8. AUDIT RIGHTS AND RECORDS RETENTION -The Successful Bidder/Contractor 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 Successful Bidder/Contractor which are directly pertinent to this Formal Solicitation, for the
purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder/Contractor shall maintain and
retain any and all of the books, documents, papers, and records pertinent to the resulting Contract for three (3) years
after the City makes final payment and all other pending matters are closed. Successful Bidder's/Contractor's failure
to, or refusal to comply with this condition, shall result in the immediate cancellation of this Contract by the City.
The Audit Rights set forth in Section 18-102 of the City Code apply as supplemental terms and are deemed as being
incorporated by reference herein.
1.9. AVAILABILITY OF CONTRACT STATE-WIDE - Any governmental, not-for-profit, or
quasi -governmental entity in the State of Florida, may avail itself of this Contract and purchase any, and all
goods/services, specified herein from the Successful Bidder/Contractor at the Contract price(s) established herein,
when permissible by Federal, State, and local laws, rules, and regulations.
Additionally, any governmental entity outside of the State of Florida but, within the Continental United States of
America, may avail itself to this Contract and purchase any and all goods/services, specified herein from the
Successful Bidder/Contractor at the Contract price(s) established herein, when permissible by Federal, State, and
local laws, rules, and regulations.
Each governmental, not-for-profit or quasi -governmental entity which uses this Formal Solicitation and resulting
Contract will establish its own Contract, place its own orders, issue its own purchase orders, be invoiced there from
and make its own payments, determine shipping terms and issue its own exemption certificates as required by the
Successful Bidder/Contractor.
1.10. AWARD OF CONTRACT -
A. The Formal Solicitation, any addenda issued, the Bidder's response, and the Purchase Order shall constitute the
entire Contract, unless modified in accordance with any ensuing Contract, or amendment.
B. The award of a Contract, where there are Tie Bids, the tie breaker will be decided by the Director of
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Procurement or designee, in the instance that Tie Bids cannot be determined by applying Florida Statute 287.087,
Preference to Businesses with Drug -Free Workplace Programs.
C. The award of this Contract may be preconditioned on the subsequent submission of other documents as specified
in the Special Conditions or Specifications/Scope of Work. Bidder may be found non-responsive if such documents
are not submitted in a timely manner and in the form required by the City. Where Bidder is found non-responsive,
the City, through action taken by the Department of Procurement, will void its acceptance of the Bidder's Response
and may accept the Response from the next lowest responsive, responsible Bidder most advantageous to the City or
may re -solicit for the goods/services. The City, at its sole discretion, may seek monetary restitution from Bidder
and/or its bid bond or guaranty, and/or similar security, if applicable, as a result of damages or increased costs
sustained as a result of the Bidder's failure to satisfy the City's requirements.
D. The term of the Contract shall be specified in one of three documents which shall be issued to the Successful
Bidder. These documents may either be, a Purchase Order, Notice of Award, and/or Contract Award Sheet.
E. The City reserves the right to automatically extend this Contract for up to one hundred twenty (120) calendar
days beyond the stated Contract term, in order to provide City departments with continual service and supplies while
a new Contract is being solicited, evaluated, and/or awarded. If the right to extend is exercised, the City shall
notify the Successful Bidder/Contractor, in writing, of its intent to extend the Contract in accordance with the
existing terms and conditions for a specified number of days. Additional extensions beyond the first one hundred
twenty (120) day extension may occur, if, the City and the Successful Bidder/Contractor are in mutual agreement of
such extensions.
F. Where the Contract involves a single shipment of goods to the City, the Contract term shall conclude upon
completion of the expressed or implied warranty periods.
G. The City reserves the right to award the Contract on a split -order, lump sum, individual -item basis, or such
method of award in the best interest of the City, unless otherwise specified.
H. A Contract may be awarded to the Successful Bidder/Contractor by the City Commission based upon the
minimum qualification requirements reflected herein.
1.11. BID BOND/ BID SECURITY - A cashier's or certified check issued by a bank authorized to transact banking
business in Florida, or a Bid Bond/Bid Security signed by a surety company that is licensed to do business in the
State of Florida, payable to the City of Miami, for the amount as specified in the bid, is required from all Bidders, if
so indicated under the Special Conditions. This check or bond guarantees that a Bidder will accept the Contract, as
bid, if it is awarded to Bidder. Bidder shall forfeit bid deposit to the City, should City award Contract to Bidder and
Bidder fails to accept the award. The City reserves the right to reject any and all surety tendered to the City. Bid
deposits are returned to unsuccessful Bidders within ten (10) days after the award and Successful Bidder's
acceptance of award. If one hundred eighty (180) days have passed after the date of the Formal Solicitation closing
date, and no Contract has been awarded, all bid deposits will be returned on demand.
1.12. BID SECURITY FORFEITED LIQUIDATED DAMAGES -Failure to execute a Contract and/or file an
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acceptable Performance Bond, when required, as provided herein, shall be just cause for the annulment of the award
and the forfeiture of the Bid Bond/Bid Security to the City, which forfeiture shall be considered, not as a penalty, but
in mitigation of damages sustained which cannot be determined at the time of award. Award may then be made to
the next lowest responsive and responsible Bidder, or all Bid responses may be rejected.
1.13. BID RESPONSE FORM (HARDCOPY FORMAT) - All required forms in the Formal Solicitation should
be completed, signed, and submitted accordingly as specified to in the Formal Solicitation. Digital signatures may
only be utilized if expressly permitted in the solicitation.
1.14. BRAND NAMES - If, and wherever in the specifications, brand names, makes, models, names of any
manufacturers, trade names, or Bidder catalog numbers are specified, it is for the purpose of establishing the type,
function, minimum standard of design, efficiency, grade, or quality of goods only. When the City does not desire to
rule out other competitors' brands or makes, the phrase "APPROVED EQUAL" is added. Unless otherwise
specified, any manufacturers' names, trade names, brand names, information or catalog numbers listed in a
specification are descriptive, not restrictive or exclusive. The Bidder shall provide any equipment that meets or
exceeds the applicable specifications, including without limitation the following: Equal in every important attribute,
to include industry quality measurable standard, quality of product, accessibility of distribution,
durability/reliability/dependability and warranty coverage, and the delivery schedule.
When bidding an "APPROVED EQUAL", Bidders shall submit, with their response, complete sets of necessary data
(e.g., factory information sheets, specifications, brochures, etc.) in order for the City to evaluate and determine the
equality of the item(s) bid. The Bidder shall demonstrate comparability, including appropriate catalog materials,
literature, specifications, test data, etc. The City shall be the sole judge of equality and its decision shall be final.
The City shall determine in its sole discretion, subject to the concurrence of the Project Manager whether goods are
acceptable as an equivalent. Unless otherwise specified, evidence in the form of samples may be requested, if the
proposed brand is other than specified by the City. Such samples are to be furnished after Formal
Solicitation opening/closing, upon request of the City. If samples are requested by the City, such samples must be
received by the City no later than seven (7) calendar days after a formal request is made.
When "NO SUBSTITUTION" is used in conjunction with a manufacturer's name, brand name, and/or model
number, that named item is the only item that will be accepted by the City in that particular instance.
1.15. CANCELLATION -The City reserves the right to cancel this Formal Solicitation, before its opening/closing.
In the event of cancellation, the Director of Procurement shall notify all prospective Bidders and provide a written
explanation for the cancellation. There shall be no recourse against the City for a cancellation made in accordance
with this Section.
1.16. CAPITAL EXPENDITURES - Successful Bidder/Contractor understands that any capital expenditures that
the Successful Bidder/Contractor makes, or prepares to make, in order to deliver/perform the goods/services
required by the City, is a business risk which the Successful Bidder/Contractor must assume. The City will not be
obligated to reimburse amortized or unamortized capital expenditures, or to maintain the approved status of any
Successful Bidder/Contractor. If Successful Bidder/Contractor has been unable to recoup its capital expenditures
during the time it is rendering such goods/services, it shall not have any claim upon the City.
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1.17. CITY NOT LIABLE FOR DELAYS -It is further expressly agreed that in no event shall the City be liable
for, or responsible to, the Bidder, any subcontractor, or to any other person for, or on account of, any stoppages or
delay in the work herein provided for by injunction, or other legal or equitable proceedings, or on account of any
delay for any cause over which the City has no control.
1.18. COLLUSION - Bidder, by submitting a response, certifies that its response is made without previous
understanding, agreement, or connection either with any person, firm, or corporation submitting a Bid for the same
goods/services, or with the City of Miami's Procurement Department or initiating department. The Bidder certifies
that its response is fair, without control, collusion, fraud, or other illegal action. Bidder certifies that it is in
compliance with the Conflict of Interest and Code of Ethics Laws. The City will investigate all potential situations
where collusion may have occurred, and the City reserves the right to reject any and all Bids where collusion may
have occurred.
1.19. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS - Successful Bidder/Contractor
understands that contracts between private entities and local governments are subject to certain laws, codes, and
regulations, including laws pertaining to public records, sunshine (open meetings), conflict of interest, ethics records
keeping, etc. City and Successful Bidder/Contractor agree to comply with and observe all applicable laws, codes,
regulations, and ordinances, and to secure all applicable public approvals and/or consents, of any governmental
agency and/or owner of intellectual property rights as that may in any way affect the goods or services offered,
including, but not limited to:
A. Executive Order 11246, which prohibits discrimination against any employee, applicant, or client because of
race, creed, color, national origin, sex, or age with regard to, but not limited to, the following: employment
practices, rate of pay or other compensation methods, and training selection.
B. Occupational, Safety and Health Act (OSHA), as applicable to this Formal Solicitation.
C. The State of Florida Statutes, Section 287.133(3)(A) on Public Entity Crimes.
D. Environment Protection Agency (EPA), as applicable to this Formal Solicitation.
E. Uniform Commercial Code (Florida Statutes, Chapter 672).
F. Americans with Disabilities Act of 1990, as amended.
G. National Institute of Occupational Safety Hazards (NIOSH), as applicable to this Formal Solicitation.
H. National Forest Products Association (NFPA), as applicable to this Formal Solicitation.
I. City Procurement Ordinance, City Code Section 18, Article III.
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J. Conflict of Interest, City Code Section 2-611;61.
K. Cone of Silence, City Code Section 18-74.
L. The Florida Statutes Sections 218.70 to 218.79, the Prompt Payment Act.
Lack of knowledge by the Successful Bidder/Contractor will in no way be a cause for relief from responsibility.
Non-compliance with all applicable local, State, and Federal directives, orders, codes, rules, regulations, and laws
may be considered grounds for termination of Contract at the option of the City Manager.
Copies of the City Ordinances may be obtained from the City Clerk's Office.
1.20. CONE OF SILENCE - Pursuant to Section 18-74 of the City of Miami Code, a "Cone of Silence" is imposed
upon each Formal Solicitation once advertised and terminates at the time the City Manager issues a written
recommendation to the Miami City Commission. The Cone of Silence shall be applicable only to Formal
Solicitations for the provision of goods and services for amounts greater than $200,000. The Cone of Silence
prohibits any communication regarding Formal Solicitations between, among others:
Potential vendors, service providers, bidders, lobbyists or consultants and the City's professional staff including, but
not limited to, the City Manager and the City Manager's staff; the Mayor, City Commissioners, or their respective
staffs.
The provision does not apply to, among other communications: oral communications with the City Procurement
staff, provided the communication is limited strictly to matters of process or procedure already contained in the
Formal Solicitation document; the provisions of the Cone of Silence do not apply to oral communications at duly
noticed site visits/inspections, pre-bid conferences, or public presentations made to the Miami City Commission
during a duly noticed public meeting; or communications in writing or by email at any time with any City employee,
official or member of the City Commission unless specifically prohibited by the applicable Formal Solicitation
documents; or communications in connection with the collection of industry comments or the performance of
market research regarding a particular Formal Solicitation by City Procurement staff.
Bidders must file a copy of any written conimunications with the Office of the City Clerk, which shall be made
available to any person upon request. The City shall respond in writing and file a copy with the City Clerk's Office,
which shall be made available to any person upon request. Written communications may be in the form of an e-mail,
or fax with a copy to the City Clerk's Office being required.
In addition to any other penalties provided by law, violation of the Cone of Silence by any Bidder shall render any
award voidable. A violation by a particular Bidder, lobbyist or consultant shall subject same to potential penalties
pursuant to the City Code. Any person having personal knowledge of a violation of these provisions shall report
such violation to the State Attorney and/or may file a complaint with the Miami Dade County Commission on
Ethics.
This language is only a summary of the key provisions of the Cone of Silence. Please review City of Miami Code
Section 18-74 for a complete and thorough description of the Cone of Silence. You may contact the City Clerk's
Office at 305-250-5360 or clerks@miamigov.com, to obtain a copy of same.
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1.21. CONFIDENTIALITY - As a political subdivision, the City of Miami is subject to the Florida Government in
the Sunshine (public Meetings) Act and Public Records Act. If this Contract contains a confidentiality provision, it
shall have no application when disclosure is required by Florida law or upon court order.
1.22. CONFLICT OF INTEREST - Bidders, by responding to this Formal Solicitation, certify that to the best of
their knowledge or belief, no elected/appointed official or employee of the City of Miami is financially interested,
directly or indirectly, in the purchase of goods/services specified in this Formal Solicitation. Any such interests on
the part of the Bidder or its employees must be disclosed in writing to the City. Further, Bidder shall disclose the
name of any City employee who owns, directly or indirectly, an interest of five percent (5%) or more of the total
assets of capital stock in Bidder's firm.
A. Bidder further agrees not to use or attempt to use any knowledge, property, or resource which may be within
his/her trust, or perform his/her duties, to secure a special privilege, benefit, or exemption for himself/herself, or
others. Bidder may not disclose or use information not available to members of the general public and gained by
reason of his/her position, except for information relating exclusively to governmental practices, for his/her
personal, or benefit, or for the personal gain, or benefit of any other person, or business entity.
B. Bidder hereby acknowledges that he/she has not contracted or transacted any business with the City or any
person, or agency acting for the City, and has not appeared in representation of any third party before any board,
Commission, or agency of the City within the past two years. Bidder further warrants that he/she is not related,
specifically the spouse, son, daughter, parent, brother, or sister, to: (i) any member of the Commission; (ii) the
Mayor; (iii) any City employee; or (iv) any member of any board or agency of the City.
C. A violation of this section may subject the Bidder to immediate termination of any contract with the City, and
imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by
and subject to action by the Miami -Dade County Commission on Ethics.
1.23. COPYRIGHT OR PATENT RIGHTS - Bidders warrant that there has been no violation of copyright or
patent rights in manufacturing, producing, or selling the goods shipped or ordered and/or services provided as a
result of this Formal Solicitation, and Bidders agree to hold the City harmless from any and all liability, loss, or
expense occasioned by any such violation.
1.24. COST INCURRED BY BIDDER - All expenses involved with the preparation and submission of Bids to the
City, or any work performed in connection therewith shall be borne by the Bidder.
1.25. DEBARMENT AND SUSPENSIONS (SECTION 18-107) -
A. Authority and requirement to debar/suspend. After reasonable notice to an actual or prospective Contractual
Party, and after reasonable opportunity for such party to be heard, the City Manager, after consultation with the
Chief Procurement Officer and the City Attorney, shall have the authority to debar a Contractual Party, for the
causes listed below, from consideration for award of City Contracts. The debarment shall be for a period of not
fewer than three (3) years. The City Manager shall also have the authority to suspend a Contractual Party from
consideration for award of City Contracts if there is probable cause for debarment, pending the debarment
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determination. The authority to debar/suspend contractors shall be exercised in accordance with regulations which
shall be issued by the Chief Procurement Officer after approval by the City Manager, the City Attorney, and the City
Commission.
B. Causes for debarment/suspension. Causes for debarment or suspension include the following:
1) Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a public or private
Contract or subcontract, or incident to the performance of such Contract or subcontract.
2) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of
records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty.
3) Conviction under state or federal antitrust statutes arising out of the submission of Bids or Proposals.
4) Violation of Contract provisions, which is regarded by the Chief Procurement Officer to be indicative of
non -responsibility. Such violation may include failure without good cause to perform in accordance with the terms
and conditions of a Contract or to perform within the time limits provided in a Contract, provided that failure to
perform caused by acts beyond the control of a party shall not be considered a basis for debarment/suspension.
5) Debarment/suspension of the Contractual Party by any federal, state or other governmental entity.
6) False certification pursuant to paragraph C below.
7) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which the violation
remains noncompliant.
8) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which a civil penalty or
fine is due and owing to the city.
9) Any other cause judged by the City Manager to be so serious and compelling as to affect the responsibility of the
Contractual Party performing city Contracts.
C. Certification. All Contracts for goods and services, sales, and leases by the city shall contain a certification that
neither the Contractual Party nor any of its principal owners or personnel have been convicted of any of the
violations set forth above or debarred or suspended as set forth in paragraph (b)(5).
D. Debarment and suspension decisions. Subject to the provisions of paragraph (a), the City Manager shall render
a written decision stating the reasons for the debarment or suspension. A copy of the decision shall be provided
promptly to the Contractual Party, along with a notice of said party's right to seek judicial relief.
1.26. DEBARRED/SUSPENDED VENDORS - An entity or affiliate who has been placed on the State of Florida
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debarred or suspended vendor list may not submit a Response for a solicitation to provide goods or services to a
public entity; may not submit a Response to a solicitation with a public entity for the construction or repair of a
public building or public work; may not submit response 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.
1.27. DEFAULT/FAILURE TO PERFORM -The City shall be the sole judge of nonperformance, which shall
include any failure on the part of the Successful BidderiContractor to accept the award, to furnish required
documents, and/or to fulfill any portion of this Contract within the time stipulated.
Upon default by the Successful Bidder/Contractor to meet any terms of a Contract, the City will notify the
Successful Bidder/Contractor of the default and will provide the Successful Bidder/Contractor three (3) days
(weekends and holidays excluded) upon notification, by the City, to remedy the default. Failure by the Successful
Bidder/Contractor to correct the default within the required three (3) days, shall result in the Contract being
terminated upon the City notifying in writing the Successful Bidder/Contractor of its intentions and the effective
date of the termination. The following shall constitute default:
A. Failure to perform the work or deliver the goods/services required under the Contract, and/or within the time
required, or failing to use the subcontractors, entities, and personnel as identified and set forth, and to the degree
specified in the Contract.
B. Failure to begin the work under this Contract within the time specified.
C. Failure to perform the work with sufficient workers and equipment, or with sufficient materials to ensure timely
completion.
D. Neglecting or refusing to remove materials or perform new work where prior work has been rejected as
nonconforming with the terms of the Contract.
E. Becoming insolvent, being declared bankrupt, or committing any act of bankruptcy or insolvency, or making an
assignment for the benefit of creditors, if the insolvency, bankruptcy, or assignment renders the Successful
Bidder/Contractor incapable of performing the work in accordance with, and as required by the Contract.
F. Failure to comply with any of the terms of the Contract in any material respect.
All costs and charges incurred by the City as a result of a default, or a default incurred beyond the time limits stated,
together with the cost of completing the work, shall be deducted from any monies due, or which may become due on
this Contract to the Successful Bidder/Contractor.
1.28. DETERMINATION OF RESPONSIVENESS AND RESPONSIBILITY - Each Bid will be reviewed to
determine if it is responsive to the submission requirements outlined in the Formal Solicitation.
A.Responsive Bid is one which follows the requirements of the Formal Solicitation, includes all documentation, is
submitted in the format outlined in the Formal Solicitation, is of timely submission, and has appropriate signatures
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as required on each document. Failure to comply with these requirements may deem a Bid non-responsive.
B. Determination of Responsibility. A Responsible Bidder shall mean a Bidder who has submitted a Bid and who
has the capability, as determined under Section 18-95 of the City Code, in all respects to fully perform the Contract
requirements, and the integrity and reliability of which give reasonable assurance of good faith and performance.
1) Bids will only be considered from any person or firm who are regularly engaged in the business of providing the
good(s)/service(s) required by the Formal Solicitation. Bidder must be able to demonstrate a satisfactory record of
perfonnance and integrity, and have sufficient financial, material, equipment, facility, personnel resources, and
expertise to meet all contractual requirements.
2) The City may consider any information available regarding the financial, technical, and other qualifications and
abilities of a Bidder, including past performance (experience) with the City or any other governmental entity, in
making the award.
3) The City may require the Bidder(s) to provide documentation that they have been designated as an authorized
representative of a manufacturer or supplier which is the actual source of supply, if required by the Formal
Solicitation.
1.29. DISCOUNTS OFFERED DURING TERM OF CONTRACT -Discount prices offered in the Response
shall be fixed after the award of a Contract by the Commission, unless otherwise specified in the Special Terms and
Conditions. Price discounts, off the original prices quoted in the Response, will be accepted from Successful
Bidder/Contractor during the term of the Contract. Such discounts shall remain in effect for a minimum of one
hundred and eighty (180) days from approval by the City Commission. Any discounts offered by a manufacturer to
Successful Bidder/Contractor will be passed on to the City.
1.30. DISCREPANCIES, ERRORS, AND OMISSIONS -Any discrepancies, errors, or omissions in the Formal
Solicitation, or Addenda (as applicable), should be reported in writing to the City's Procurement Department.
Should it be found necessary, a written Addendum will be incorporated in the Formal Solicitation and will become
part of the Purchase Order (Contract documents). The City will not be responsible for any oral instructions,
clarifications, or other communications.
A. Order of Precedence. Any inconsistency in this Formal Solicitation shall be resolved by giving precedence to
the following documents, the first of such list being the governing documents.
1) Addenda (if applicable)
2) Specifications
3) Special Conditions
4) General Terms and Conditions
1.31. EMERGENCY/DISASTER PERFORMANCE -In the event of a natural disaster or other emergency, or
disaster situation, the Successful Bidder/Contractor shall provide the City with the commodities/services defined
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within the scope of this Formal Solicitation at the price contained within Bidder's response. Further, Successful
Bidder/Contractor shall deliver/perform for the City on a priority basis during such times of emergency.
1.32. ENTIRE BID CONTRACT -The Bid Contract consists of any amendments to the Bid Contract, the Formal
Solicitation, including any addenda, Bidder's Response and any written agreement entered into by the City of Miami
and Successfiil Bidder/Contractor, and represents the entire understanding and agreement between the parties with
respect to the subject matter hereof and supersedes all other negotiations, understanding, and representations, if any,
made by and between the parties. To the extent that the Bid Contract conflicts with, modifies, alters or changes any
of the terms and conditions contained in the Formal Solicitation and/or Bid, the Formal Solicitation, including any
addenda, and then the Bid shall control. This Contract may be amended only by a written agreement signed by the
City and Successful Bidder/Contractor.
1.33. ESTIMATED QUANTITIES - Estimated quantities or dollars are provided for the Bidder's guidance only:
(a) estimates are based on the City's anticipated needs and/or usage during a previous contract period and; (b) the
City may use these estimates to determine the low Bidder. Estimated quantities do not contemplate or include
possible additional quantities that may be ordered by other government, quasi -government or non-profit entities
utilizing this Contract. No guarantee is expressed or implied as to quantities that will be purchased during the
Contract period. The City is not obligated to place an order for any given amount subsequent to the award of the
Contract. Said estimates may be used by the City for purposes of determining the low Bidder meeting
specifications. The City reserves the right to acquire additional quantities at the prices bid or at lower prices in this
Formal Solicitation.
1.34. EVALUATION OF RESPONSES -
A. Rejection of Bids. The City may reject a Bid for any of the following reasons:
1) Bidder fails to acknowledge receipt of addenda;
2) Bidder misstates or conceals any material fact in the Bid;
3) Bid does not conform to the requirements of the Formal Solicitation;
4) Bid requires a conditional award that conflicts with the method of award;
5) Bid does not include required samples, certificates, licenses; and,
6) Bid was not executed by the Bidder's authorized agent.
The foregoing is not an all-inclusive list of reasons for which a Bid may be rejected. The City may reject, and/or
re -advertise for all or any portion of the Formal Solicitation, whenever it is deemed in the best interest of the
City.
B. Elimination from Consideration.
1) A Bid Contract shall not be awarded to any person or firm which is in arrears to the City upon any debt or
contract, or which is a defaulter as surety or otherwise upon any obligation to the City.
2) A Bid Contract may not be awarded to any person or firm which has failed to perform under the terms and
conditions of any previous contract with the City or failed to deliver on time, under contracts of a similar
nature.
3) A Bid contract may not be awarded to any person or firm who has been debarred by the City, in accordance with
the City's Debarment and Suspension Ordinance (Section 18-107), or is currently debarred by the State of Florida or
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any political subdivision, or is on the convicted vendor's list per Section 287.133, Florida Statutes.
1.35. EXCEPTIONS TO GENERAL TERMS AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS -
Exceptions to the specifications shall be listed in the Bid and shall reference the applicable section. Any exceptions
to the General Terms and/or Special Conditions shall be cause for a Bid to be considered non-responsive.
1.36. Freight on Board (F.O.B) DESTINATION -Unless otherwise specified in the Formal Solicitation, all prices
quotediproposed 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.
1.37. FIRM PRICES - The Bidder warrants that prices, terms, and conditions quoted in its Bid will be firm
throughout the duration of the Bid Contract unless otherwise specified in the Formal Solicitation. Such prices will
remain firm for the period of performance, or resulting purchase orders, or Bid Contracts.
1.38. FLORIDA NIINIMUNI WAGE AND CITY OF MIAMI LIVING WAGE ORDINANCE -
A. Florida Minimum Wage. In accordance with the Constitution of the State of Florida, Article X, Section 24,
employers shall pay employee wages no less than the minimum wage for all hours worked in Florida. Accordingly,
it is the Successful Bidder's/Contractor's and their subcontractor's responsibility to understand and comply with this
Florida minimum wage requirement and pay its employees the current established hourly minimum wage rate. This
minimum wage rate is subject to change or adjusted by the rate of inflation using the consumer price index ("CPI")
for urban wage earners and clerical workers, CPI -W, or a successor index as calculated by the United States
Department of Labor. Each adjusted minimum wage rate calculated, shall be determined and published by the
Agency Workforce Innovation on September 30th of each year and take effect on the following January 1st.
It is the Bidder's and their subcontractor's (if applicable), full responsibility to determine whether any of their
employees may be impacted by this Florida Minimum Wage Law, at any given point in time during the term of the
Bid Contract. If impacted, Bidder must provide, with its bid, employee name(s), job title(s), job description(s), and
current pay rate(s). Failure to submit this information at the time of bid submittal constitute Successful
Bidder's/Contractor's acknowledgement and understanding that the Florida Minimum Wage Law will not impact
its prices throughout the term of the Bid Contract, and a waiver of any contractual price increase request(s). The
City reserves the right to request and the Successful Bidder/Contractor must provide for any, and all information to
make a wage and contractual price increase(s) determination.
B. City of Miami Living Wage Ordinance. The City of Miami adopted a Living Wage Ordinance for City Service
Contracts with a total contract value exceeding $100,000 annually, and that have been competitively solicited and
awarded on, or after January 1, 2017 by the City.
"Service Contract" means a contract to provide services to the City, excluding, however, professional services as
defined by the "Consultants Competitive Negotiation Act" set forth in F.S. § 287.055, and Section 18-87 of the City
Code, and/or the other exclusions provided by Section 18-557 of the City Code. Section 18-557 is attached as
Attachment A. Please see provisions in Attachment A.
If a solicitation requires services, effective on January 1, 2017, Contractors must pay to all its employees, who
provide services, a living wage of no less than 515.00 per hour without health benefits; or a wage of no less than
S 13.19 an hour, with health benefits.
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This language is only a summary of the key provisions of the City of Miami Living Wage Ordinance. Please review
Attaclunent A, attached hereto, for a complete and thorough description of the City of Miami Living Wage
Ordinance.
1.39. GOVERNING LAW AND VENUE - The validity and effect of any Bid Contract as a result of this Formal
Solicitation shall be governed by the laws of the State of Florida. The parties agree that any action, mediation, or
arbitration arising out of the Bid Contract shall take place in Miami -Dade County, Florida. In any action or
proceeding each party shall bear their own respective attorney's fees.
1.40. HEADINGS AND TERMS - The headings to the various paragraphs of the Bid Contract have been inserted
for convenient reference only and shall not in any manner be construed as modifying, amending, or affecting in any
way, the expressed terms and conditions hereof.
1.41. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) - Any person, firm,
or entity that performs or assists the City of Miami with a function or activity involving the use or disclosure of
"individually identifiable health information (IIHI), and/or Protected Health Information (PHI), shall comply with
the Health Insurance Portability and Accountability Act (HIPAA) of 1996, and the City of Miami Privacy Standards.
HIPAA mandates for privacy, security, and electronic transfer standards, which include, but are not limited to:
A. Use of information only for performing services required by the contract or as required by law;
B. Use of appropriate safeguards to prevent non -permitted disclosures;
C. Reporting to the City of Miami of any non -permitted use or disclosure;
D. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the
Bidder and reasonable assurances that IIHI/PHI will be held confidential;
E. Making PHI available to the customer;
F. Making PHI available to the customer for review and amendment; and incorporating any amendments requested
by the customer;
G. Making PHI available to the City of Miami for an accounting of disclosures; and
H. Making internal practices, books and records related to PHI available to the City of Miami for compliance audits.
PHI shall maintain its protected status regardless of the form and method of transmission (i.e., paper records, and/or
electronic transfer of data). The Successful Bidder/Contractor must give its customers written notice of its privacy
information practices, including specifically, a description of the types of uses and disclosures that would be made
with protected health information.
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1.42 INDEPNI1IFICATION -Successful Bidder/Contractor shall indemnify, hold and save harmless, and defend (at
its own cost and expense), the City, its officers, agents, directors, and/or employees, from all liabilities, damages,
losses, judgements, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the
negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Successful
Bidder/Contractor and persons employed or utilized by Successful Bidder/Contractor in the performance of this
Contract. The Successful Bidder/Contractor shall further, hold the City, its officials and employees, indemnify, save
and hold harmless for, and defend (at its own cost), the City its officials and/or employees against any civil actions,
statutory or similar claims, injuries or damages arising or resulting from the permitted Work, even if it is alleged that
the City, its officials, and/or employees were negligent. In the event that any action or proceeding is brought against
the City by reason of any such claim or demand, the Successful Bidder/Contractor shall, upon written notice from
the City, resist and defend such action or proceeding by counsel satisfactory to the City. The Successful
Bidder/Contractor expressly understands and agrees that any insurance protection required by this Contract or
otherwise provided by the Successful Bidder/Contractor 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 indemnification provided above shall obligate the Successful Bidder/Contractor to defend, at its own expense,
to and through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide for such
defense, at the City's option, any and all claims of liability and all suits and actions of every name and description
which may be brought against the City, whether performed by the Successful Bidder/Contractor, or persons
employed or utilized by the Successful Bidder/Contractor.
These duties will survive the cancellation or expiration of the Contract. This Section will be interpreted under the
laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of
Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended.
Successful Bidder/Contractor shall require all sub-consultant/contractor agreements to include a provision that each
sub -contractor will indemnify the City in substantially the same language as this Section. The Successful
Bidder/Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims which
may result from any actions or omissions of the Successful Bidder/Contractor in which the City participated either
through review or concurrence of the Consultant's actions. In reviewing, approving or rejecting any submissions by
the Successful Bidder/Contractor or other acts of the Successful Bidder/Contractor, the City, in no way, assumes or
shares any responsibility or liability of the Successful Bidder/Contractor or sub-consultant/contractor under this
Contract.
Ten dollars (S10) of the payments made by the City constitute separate, distinct, and independent consideration for
the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly
acknowledged by the Successful Bidder/Contractor.
1.43. FORMATION AND DESCRIPTIVE LITERATURE - Bidders must furnish all information requested in
the spaces provided in the Formal Solicitation. Further, as may be specified elsewhere, each Bidder must submit for
evaluation, cuts, sketches, descriptive literature, technical specifications, and Material Safety Data Sheets (MSDS)
as required, covering the products offered. Reference to literature submitted with a previous bid, or on file with the
City, will not satisfy this provision.
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1.44. INSPECTIONS - The City may, at reasonable times during the term of the Bid Contract, inspect Successful
Bidder's/Contractor's facilities and perform such tests, as the City deems reasonably necessary, to determine whether
the goods and/or services required to be provided by the Successful Bidder/Contractor, under the Bid Contract
conform to the terms and conditions of the Formal Solicitation. Successful Bidder/Contractor shall make available
to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City
representatives. All tests and inspections shall be subject to, and made in accordance with, the provisions of the City
of Miami Ordinance No. 12271 (Section 18-101) City Code, as same may be amended or supplemented, from time
to time, which, in conjunction with Section 18-102, providing for audits of City contractors, are applicable and are
deemed as being incorporated by reference as supplemental terms.
1.45. INSPECTION OF BID - Bids received by the City, pursuant to a Formal Solicitation, will not be made
available until such time as the City provides notice of a decision, or intended decision, or within 30 days after bid
closing, whichever is earlier. Bid results will be tabulated and may be furnished upon request, via fax or e-mail, to
the City's Procurement Contracting Officer, issuing the Formal Solicitation. Tabulations are also available on the
City's website following a recommendation for award.
1.46. INSURANCE - Within ten (10) days after receipt of Notice of Award, the Successful Bidder/Contractor, shall
furnish the evidence of insurance to the Procurement Department, as applicable. Submitted evidence of insurance
shall demonstrate strict compliance with all requirements stipulated in the Special Conditions section titled
"Insurance Requirements". The City shall be listed as an "Additional Insured."
Issuance of a Purchase Order is contingent upon the receipt of proper insurance documents. If the certificate of
insurance is received within the specified time frame but not in the manner prescribed in the Formal Solicitation, the
Successful Bidder/Contractor shall be verbally notified of such deficiency and shall have an additional five (5)
calendar days to submit a corrected certificate to the City. If the Successful Bidder/Contractor fails to submit the
required insurance documents in the manner prescribed in the Formal Solicitation within fifteen (15) calendar days
after receipt of the Notice of Award, the Successful Bidder/Contractor shall be in default of the contractual terms
and conditions and will not be awarded the contract. Information regarding any insurance requirements shall be
directed to the Risk Management Director, Department of Risk Management, at 444 SW 2nd Avenue, 9th Floor,
Miami, Florida 33130, 305-416-1384.
The Successful Bidder/Contractor shall be responsible for ensuring that the insurance documents required in
conjunction with this Section remain in effect for the duration of the contractual period; including any renewals and
extensions that may be exercised by the City.
1.47. INVOICES - Invoices submitted by Successful Bidder/Contractor to the City shall include the Purchase Order
number and description of goods and/or services delivered (i.e., quantity, unit price, extended price, etc.); and in
compliance with Chapter 218 of the Florida Statutes (Prompt Payment Act).
1.48. LOCAL PREFERENCE -City Code Section 18-85, states, "when a responsive, responsible non -local Bidder
submits the lowest bid price, and the bid submitted by one or more responsive, responsible local Bidders who
maintain a local office, as defined in Section 18-73, is within fifteen percent (15%) of the price submitted by the
non -local Bidder, then that non -local Bidder and each of the aforementioned responsive, responsible local Bidders
shall have the opportunity to submit a best and final bid equal to or lower than the amount of the low bid previously
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submitted by the non -local Bidder. Contract award shall be made to the lowest responsive, responsible Bidder
submitting the lowest best and final bid. In the case of a tie in the best and final bid between a local Bidder and a
non -local Bidder, contract award shall be made to the local Bidder."
1.49. MANUFACTURER'S CERTIFICATION - The City reserves the right to request from Bidders a separate
Manufacturer's Certification of all statements made in the Bid. Failure to provide such certification may result in the
rejection of the Bid, or termination of the Bid Contract, for which the Bidder/Successful Bidder/Contractor shall
bear full liability.
1.50. MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS - No Contract or
understanding to modify the Formal Solicitation and the resultant Purchase Order(s) or Bid Contract, if applicable,
shall be binding upon the City, unless made in writing by the City's Director of Procurement through the issuance of
a change order, addendum, amendment, or supplement to the Bid Contract, Purchase Order, or award sheet, as
applicable.
1.51. MOST FAVORED NATIONS - Successful Proposer shall not treat the City of Miami ("City") worse than
any other similarly -situated local government and, in this regard, grants the City a "most favored nations clause"
meaning the City will be entitled to receive and be governed by the most favorable terms and conditions that
Successful Bidder/Proposer grants now or in the future to a similarly situated local government.
1.52. NO PARTNERSHIP OR JOINT VENTURE - Nothing contained in the Bid Contract will be deemed or
construed to create a partnership or joint venture between the City and Successful Bidder/Contractor, or to create
any other similar relationship between the parties.
1.53. NONCONFORWVIANCE TO CONTRACT CONDITIONS - Items may be tested for compliance with
specifications under the direction of the Florida Department of Agriculture and Consumer Services, or by other
appropriate testing laboratories as determined by the City. The data derived from any test for compliance with
specifications is public record, and open to examination thereto in accordance with Chapter 119, Florida Statutes.
Items delivered, not conforming to specifications may be rejected, and returned at Successful Bidder's/Contractor's
expense. The non -conforming items not delivered in accordance with the stipulated delivery date in the Bid and/or
Purchase Order, may result in Successful Bidder/Contractor being found in default, in which event, any and all
re -procurement costs may be charged against the defaulted Successful Bidder/Contractor. Any violation of the
above stipulations may also result in the Successful Bidder/Contractor being removed from the City's supplier's list.
1.54. NONDISCRIMINATION - Successful Bidder/Contractor affirms that it shall not discriminate as to race,
gender, color, age, religion, national origin, marital status, or disability, in connection with its performance under the
Formal Solicitation. Furthermore, Successful Bidder/Contractor affirms that no otherwise qualified individual shall
solely by reason of their race, gender, color, age, religion, national origin, marital status or disability be excluded
from the participation in, be denied benefits of, or be subjected to, discrimination under any program or activity.
In connection with the conduct of its business, including performance of services and employment of personnel,
Successful Bidder/Contractor shall not discriminate against any person on the basis of race, gender, color, age,
religion, national origin, marital status or disability. All persons having appropriate qualifications shall be afforded
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equal opportunity for employment.
1.55. NON-EXCLUSIVE CONTRACT/ PIGGYBACK PROVISION - At such times as may serve in the City's
best interest, the City reserves the right to advertise for, receive, and award additional contracts for the goods and/or
services described herein, and to make use of other competitively bid (governmental) contracts, agreements, or other
similar sources, for the purchase of the goods and/or services described herein, as may be available in accordance
with the applicable provisions of the City of Miami Procurement Ordinance.
It is hereby agreed and understood that the Formal Solicitation does not constitute the exclusive rights of the
Successful Bidder(s)/Contractor(s) to receive all orders that may be generated by the City, in conjunction with the
Formal Solicitation.
In addition, any and all goods, and/or services required by the City in conjunction with construction projects are
solicited under a distinctly different solicitation process and shall not be purchased under the terms, conditions and
awards rendered under the Formal Solicitation, unless such purchases are determined to be in the best interest of the
City.
1.56.NOTICE REGARDING "CURES" - Bids submitted with irregularities, deficiencies, and/or technicalities
that deviate from the minimum qualifications and submission requirements of Request for Qualifications (RFQ),
Request for Proposals (RFP), invitation to bid (ITB), invitation for bids (IFB), invitation to quote (ITQ), Requests
for Letters of Interest (RFLI) and Request for Sponsorships (RFS) shall result in a non-responsive determination.
any solicitation issued after May 6, 2019, shall comply with APM 2-19. APM 2-19 is attached hereto. only minor
irregularities, deficiencies, and technicalities may be allowed to be timely cured by the proposer at the sole
discretion of the city. material irregularities, deficiencies, and technicalities cannot be cured by the proposer, and are
not waivable by the city.
BIDS SUBMITTED `VITH IRREGULARITIES, DEFICIENCIES, AND/OR TECHNICALITIES THAT
DEVI.ATE FROM THE MINIMUM QUALIFICATIONS AND SUBMISSION REQUIREMENTS OF THIS
IFB SHALL RESULT IN A NON-RESPONSIVE DETERMINATION. The City will not give consideration to
the curing of any Bids that fail to meet the minimum qualifications and submission requirements of this IFB.
Proposer understands that non-responsive Bids will not be evaluated.
1.57. OCCUPATIONAL LICENSE/BUSINESS TAX RECEIPT - Any person, firm, corporation, or joint
venture, with a business location within the City's municipal boundaries and is submitting a Bid under the Formal
Solicitation shall meet the City's Business Tax Receipt requirements in accordance with Chapter 31.1, Article I of
the City of Miami Charter. Others with a location outside of the City's municipal boundaries shall meet their local
Occupational License/Business Tax Receipt requirements. A copy of the Occupational License/Business Tax
Receipt must be submitted with the Bid; however, the City may, in its sole discretion, and in its best interest, allow
the Bidder to provide the Occupational License/Business Tax Receipt to the City during the evaluation period, but
prior to award. A Certificate of Use ("CU") will be required if applicable under City regulations.
1.58. ONE PROPOSAL - Only one (1) Bid from an individual, firm, partnership, corporation, or joint venture will
be considered in response to the Formal Solicitation, unless otherwise stipulated in the Formal Solicitation.
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1.59. O`VNERSHIP OF DOCUMENTS - It is understood by and between the parties, that any documents,
records, files, or any other matter whatsoever, which is given by the City to the Successful Bidder/Contractor,
pursuant to the Formal Solicitation shall at all times remain the property of the City, and shall not be used by the
Successful Bidder/Contractor for any other purposes whatsoever, without the written consent of the City.
1.60. PARTIAL INVALIDITY - If any provision of the Bid Contract or the application thereof, to any person or
circumstance, shall to any extent be held invalid, then the remainder of the Bid Contract or, the application of such
provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby,
and each provision of the Bid Contract shall be valid and enforced to the fullest extent permitted by law.
1.61. PERFORMANCE/PAYMENT BOND - A Successful Bidder/Contractor may be required to furnish a
Performance/Payment Bond as part of the requirements of the Bid Contract, in an amount equal to one hundred
percent (100%) of the Bid Contract price. Any bond furnished will comply with Florida Law, and be in a form
acceptable to the City of Miami Risk Management Director.
1.62. PREPARATION OF BIDS (HARDCOPY FORMAT) - Bidders are expected to examine the specifications,
required delivery, drawings, and all special and general conditions. All bid amounts, if required, shall be either
typewritten, or manually entered into the space provided, with ink. Failure to do so will be at the Bidder's risk.
A. Each Bidder shall furnish the information required in the Formal Solicitation. The Bidder shall sign the Bid, and
print type or manually enter the name of the Bidder, the Bidder's address and telephone number, on the face page
and on each continuation sheet thereof, on which the Bidder makes an entry, where required.
B. If so required, the unit price for each unit offered, shall be shown, and such price shall include packaging,
handling and shipping, and F.O.B. Miami delivery inside City premises, unless otherwise specified. Bidder shall
include in their Bid all taxes, insurance, social security (if applicable), workmen's compensation, and any other
benefits normally paid by the Bidder to its employees. If applicable, a unit price shall be entered in the "Unit Price"
column for each item. Based upon estimated quantity, an extended price shall be entered in the "Extended Price"
column for each item offered. In case of a discrepancy between the unit price and extended price, the unit price will
prevail.
C. The Bidder must state a definite time, if required, in calendar days, for delivery of goods and/or services.
D. The Bidder should retain a copy of all response documents for future reference.
E. All Bids, as described, must be fully completed and typed, or printed in ink and must be signed in ink with the
Bidder's name, and by an officer or employee having authority to represent the Bidder by their signature. Bids
having any erasures or corrections, must be initialed in ink by person signing the Bid or the Bid may be
rejected.
F. Bids shall remain valid for at least 180 days. Upon award of a Bid Contract, the content of the Successful
Bidder's/Contractor's Bid, may be included as part of the Bid Contract, at the City's discretion.
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G. The City 's Bid Forms shall be used when Bidder is submitting its Bid in hardcopy format. Use of any other
forms, will result in the rejection of the Bid. IF SUBMITTNG N HARDCOPY FORMAT, THE ORIGINAL BID
FORMS, UNLESS OTHERWISE SPECIFIED, AND ANY REQUIRED ATTACHMENTS, MUST BE
RETURNED TO THE CITY, TO THE LOCATION SPECIFIED N THE FORMAL SOLICITATION, OR THE
BID MAY BE DEEMED NON-RESPONSIVE.
1.63. PRICE ADJUSTMENTS - Any price decrease effectuated during the Bid Contract period, either by reason of
market change, or on the part of the Successful Bidder/Contractor to other customers shall be passed on to the City.
1.64. PRODUCT SUBSTITUTES - In the event a particular awarded and approved manufacturer's product
becomes unavailable during the term of the Bid Contract, the Successful Bidder/Contractor awarded that item may
arrange with the City's authorized representative(s) to supply a substitute product at the awarded price or lower,
provided that a sample is approved in advance of delivery, and that the new product meets or exceeds all quality
requirements.
1.65. CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS -
Successful Bidder/Contractor represents and warrants to the City, that it has not employed, or retained any person,
or company employed by the City to solicit or secure the Bid Contract and that the Successful Bidder/Contractor has
not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any
kind contingent upon, or in connection with, the award of the Bid Contract.
1.66. PROMPT PAYMENT - Bidders may offer a cash discount for prompt payment; however, discounts shall not
be considered in determining the lowest net cost for Bid evaluation purposes.
Bidders are required to provide their prompt payment terms in the space provided on the Formal Solicitation. If no
prompt payment discount is being offered, the Bidder must enter zero (0) for the percentage discount to indicate no
discount. If the Bidder fails to enter a percentage, it is understood and agreed that the terms shall be two percent
(2%), 20 days, effective after receipt of invoice or final acceptance by the City, whichever is later.
When the City is entitled to a cash discount, the period of computation will commence on the date of delivery, or
receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is necessary due to
damage, the cash discount period shall commence on the date final approval for payment is authorized. If a discount
is part of the contract, but the invoice does not reflect the existence of a cash discount, the City is entitled to a cash
discount with the period commencing on the date it is determined by the City that a cash discount applies.
Price discounts off the original prices quoted on the Price Sheet will be accepted from Successful Bidder(s) during
the term of the contract. The City will comply with the Florida Prompt Payment Act, as applicable.
1.67. PROPERTY - Property owned by the City is the responsibility of the City. Such property furnished to a
Successful Bidder/Contractor for repair, modification, study, etc., shall remain the property of the City. Damages to
such property occurring while in the possession of the Successful Bidder/Contractor shall be the responsibility of the
Successful Bidder/Contractor. Damages occurring to such property while in route to the City, shall be the
responsibility of the Successful Bidder/Contractor. In the event that such property is destroyed, or declared a total
loss, the Successful Bidder/Contractor shall be responsible for the replacement value of the property, at the current
market value, less depreciation of the property, if any.
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1.68. PROVISIONS BINDING - Except as otherwise expressly provided in the resultant Bid Contract, all
covenants, conditions and provisions of the resultant Bid Contract, shall be binding upon, and shall inure to the
benefit of the parties hereto and their respective heirs, legal representatives, successors, and assigns.
1.69. PUBLIC ENTITY CRIMES - A person or affiliate who has been placed on the convicted vendor list,
following a conviction for a public entity crime may not:
A. Submit a Bid to provide any goods or services to a public entity.
B. Submit a Bid on a contract with a public entity for the constriction or repair of a public building or public work.
C. Submit responses on leases of real property to a public entity.
D. Be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any
public entity.
E. Transact business with any public entity in excess of the threshold amount provided in Section 287.017, for
CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.
1.70. PUBLIC RECORDS - Successful Bidder/Contractor understands that the public shall have access, at all
reasonable times, to all documents and information pertaining to City contracts, subject to the provisions of Chapter
119, Florida Statutes, and City Code, Section 18, Article III, and agrees to allow access by the City and the public,
to all documents subject to disclosure under applicable law. Successful Bidder/Contractor shall additionally comply
with the provisions of Section 119.070 1, Florida Statutes, titled "Contracts; public records".
Successful Bidder/Contractor shall additionally comply with Section 119.0701, Florida Statutes, including without
limitation:
A. Keep and maintain public records that ordinarily and necessarily would be required by the City to perform this
service.
B. Provide the public with access to public records on the same terms and conditions as the City would at the cost
provided by Chapter 119, Florida Statutes, or as otherwise provided by law.
C. Ensure that public records that are exempt or confidential and exempt from disclosure are not disclosed except as
authorized by law.
D. Meet all requirements for retaining public records and transfer, at no cost, to the City all public records in its
possession upon termination of this Agreement and destroy any duplicate public records that are exempt or
confidential and exempt from disclosure requirements.
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E. All electronically stored public records must be provided to the City in a format compatible with the City's
information technology systems. IF THE CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE DIVISION OF
PUBLIC RECORDS AT (305) 416-1800. VIA EMAIL AT PUBLICRECORDSC.NIIA.NIIGOV.CO-vI. OR
REGULAR MAIL AT CITY OF iyIIATNII OFFICE OF THE CITY ATTORNEY, 444 SW 2ND AVENUE,
9TH FL, NII.AMh FL 33130. THE CONSULTANT MAY ALSO CONTACT THE RECORDS CUSTODIAN
AT THE CITY OF MIAMI DEPARTMENT WHO IS ADMINISTERING THIS CONTRACT.
Successful Bidder/Contractor's failure or refusal to comply with the provision of this Section shall result in the
immediate cancellation of the Bid Contract by the City.
1.71. QUALITY OF GOODS, MATERIALS, SUPPLIES, AND PRODUCTS - All materials used in the
manufacturing, or construction of supplies, or materials, covered by the Formal Solicitation shall be new. The items
bid shall be of the latest make or model, of the best quality, and of the highest grade of workmanship, unless as
otherwise specified in the Formal Solicitation.
1.72. QUALITY OF WORK/SERVICES - The work/services performed shall be of the highest quality and
workmanship. Materials furnished to complete the service shall be new and of the highest quality, except as
otherwise specified in the Formal Solicitation.
1.73. REMEDIES PRIOR TO AWARD (SECTION 18-106) - If prior to a Bid Contract award, it is determined
that a Formal Solicitation or proposed bid award is in violation of law, then the Formal Solicitation or proposed bid
award shall be cancelled and all bids rejected by the City Commission, the City Manager, or the Chief Procurement
Officer, as may be applicable, or revised to comply with the law.
1.74. RESOLUTION OF CONTRACT DISPUTES (SECTION 18-105):
A.Authority to resolve Contract disputes. The City Manager, after obtaining the approval of the City Attorney,
shall have the authority to resolve disputes between the Successful Bidder/Contractor and the City which arise
under, or by virtue of, a Contract between them; provided that, in cases involving an amount greater than 525,000,
the City Commission must approve the City Manager's decision. Such authority extends, without limitation, to
disputes based upon breach of Contract, mistake, misrepresentation, or lack of complete performance, and shall be
invoked by a Contractual Party by submission of a protest to the City Manager.
B.Contract dispute decisions. If a dispute is not resolved by mutual consent, the City Manager shall promptly
render a written report stating the reasons for the action taken by the City Commission, or the City Manager, which
shall be final and conclusive. A copy of the decision shall be immediately provided to the protesting party, along
with a notice of such party's right to seek judicial relief, provided that the protesting party shall not be entitled to
such judicial relief without first having followed the procedure set forth in this Section.
1.75. RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (SECTION 18-104):
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(a)Right to protest.
The following procedures shall be used for resolution of protested solicitations and awards except for purchases of
goods, supplies, equipment, and services, the estimated cost of which does not exceed S25,000.00. Protests
thereon shall be governed by the administrative policies and procedures of purchasing.
(1) Protest of solicitation.
a. Any prospective proposer who perceives itself aggrieved in connection with the solicitation of a contract may
protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief
procurement officer within three days after the request for proposals, request for qualifications or request for
letters of interest is published in a newspaper of general circulation. A notice of intent to file a protest is
considered filed when received by the chief procurement officer; or
b. Any prospective bidder who intends to contest bid specifications or a bid solicitation may protest to the chief
procurement officer. A written notice of intent to file a protest shall be filed with the chief procurement officer
within three days after the bid solicitation is published in a newspaper of general circulation. A notice of intent to
file a protest is considered filed when received by the chief procurement officer.
(2) Protest of award.
a. Any actual proposer who perceives itself aggrieved in connection with the recommended award of contract may
protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief
procurement officer within two days after receipt by the proposer of the notice of the city manager's
recommendation for award of contract. The receipt by proposer of such notice shall be confirmed by the city by
facsimile or electronic mail or U.S. mail, return receipt requested. A notice of intent to file a protest is considered
filed when received by the chief procurement officer; or
b. Any actual responsive and responsible bidder whose bid is lower than that of the recommended bidder may
protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief
procurement officer within two days after receipt by the bidder of the notice of the city's determination of
non -responsiveness or non -responsibility. The receipt by bidder of such notice shall be confirmed by the city by
facsimile or electronic mail or U.S. mail, return receipt requested. A notice of intent to file a protest is considered
filed when received by the chief procurement officer.
C. A written protest based on any of the foregoing must be submitted to the chief procurement officer within five
days after the date the notice of protest was filed. A written protest is considered filed when received by the chief
procurement officer.
The written protest may not challenge the relative weight of the evaluation criteria or the formula for
assigning points in making an award determination.
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The written protest shall state with particularity the specific facts and law upon which the protest of the
solicitation or the award is based and shall include all pertinent documents and evidence and shall be
accompanied by the required filing fee as provided in subsection (f). This shall form the basis for review of the
written protest and no facts, grounds, documentation or evidence not contained in the protester's submission to
the chief procurement officer at the time of filing the protest shall be permitted in the consideration of the
written protest.
No time will be added to the above limits for service by mail. In computing any period of time prescribed or
allowed by this section, the day of the act, event or default from which the designated period of time begins to
run shall not be included. The last day of the period so computed shall be included unless it is a Saturday,
Sunday or legal holiday in which event the period shall run until the end of the next day which is neither a
Saturday, Sunday or legal holiday. Intermediate Saturdays, Sundays and legal holidays shall be excluded in the
computation of the time for filing.
ft4uthority to resolve protests; hearing offrcer(s).
Hearing officers appointed by the city shall have authority to resolve protests filed under this chapter of the City
Code. The city manager shall appoint a hearing officer, from a separate list of potential hearing officers
pre -approved by the city commission, to resolve protests filed in accordance with this section, no later than five
working days following the filing of a bid protest. The hearing officer shall have the authority to settle and resolve
any written protest. The hearing officer shall submit said decision to the protesting party and to the other persons
specified within ten days after he/she holds a hearing under the protest.
(1) Hearing officer. The hearing officer may be a special master as defined in chapter 2, article X, section 2-811 of
the City Code, or a lawyer in good standing with the Florida Bar for a minimum of ten years with a preference
given to a lawyer who has served as an appellate or trial court judge. The hearing officer may be appointed from
alternative sources (e.g. expert consulting agreements, piggyback contracts, etc.) where the city commission
adopts a recommendation of the city attorney that such action is necessary to achieve fairness in the proceedings.
The engagement of hearing officers is excluded from the procurement ordinance as legal services. The hearing
officers appointed in the pre -qualified group should be scheduled to hear protests on a rotational basis.
(2) Right of protest. Any actual bidder or proposer who has standing under Florida law dissatisfied and aggrieved
with the decision of the city regarding the protest of a solicitation or the protest of an award as set forth above in
this section may request a protest hearing. Such a written request for a protest hearing must be initiated with a
notice of intent to protest followed by an actual protest as provided in subsection 18-104(a). The notice of intent to
protest and the actual protest must each be timely received by the chief procurement officer and must comply with
all requirements set forth in subsection 18-104(a). Failure to submit the required notice of intent to protest and the
actual protest within the specified timeframes will result in an administrative dismissal of the protest.
(3) Hearing date. Within 30 days of receipt of the notice of protest, the chief procurement officer shall schedule a
hearing before a hearing officer, at which time the person protesting shall be given the opportunity to demonstrate
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why the decision of the city relative to the solicitation or the award, which may include a recommendation for
award by the city manager to the city commission, as applicable, should be overturned. The party recommended
for award, if it is a protest of award, shall have a right to intervene and be heard.
(4) Hearing procedure. The procedure for any such hearing conducted under this article shall be as follows:
a. The city shall cause to be served by certified mail a notice of hearing stating the time, date, and place of the
hearing. The notice of hearing shall be sent by certified mail, return receipt requested, to the mailing address of the
protester.
b. The party, any intervenor, and the city shall each have the right to be represented by counsel, to call and
examine witnesses, to introduce evidence, to examine opposing or rebuttal witnesses on any relevant matter
related to the protest even though the matter was not covered in the direct examination, and to impeach any
witness regardless of which party first called him/her to testify. The hearing officer may extend the deadline for
completion of the protest hearing for good cause shown, but such an extension shall not exceed an additional five
business days. The hearing officer shall consider the written protest and supporting documents and evidence
appended thereto, supporting documents or evidence from any intervenor, and the decision or recommendation as
to the solicitation or award being protested, as applicable. The protesting party, and any intervenor, must file all
pertinent documents supporting his/her protest or motion to intervene at least five business days before the
hearing, as applicable. The hearing officer shall allow a maximum of two hours for the protest presentation and a
maximum of two hours for the city response. When there is an intervenor, a maximum of two hours will be added
for the intervenor. In the event of multiple protests for the same project, the hearing officer shall allocate time as
necessary to ensure that the hearing shall not exceed a total of one day.
c. The hearing officer shall consider the evidence presented at the hearing. In any hearing before the hearing
officer, irrelevant, immaterial, repetitious, scandalous, or frivolous evidence shall be excluded. All other evidence
of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible
whether or not such evidence would be admissible in trial in the courts of Florida. The hearing officer may also
require written summaries, proffers, affidavits, and other documents the hearing officer determines to be necessary
to conclude the hearing and issue a final order within the time limits set forth by this section.
d. The hearing officer shall determine whether procedural due process has been afforded, whether the essential
requirements of law have been observed, and whether the decision was arbitrary, capricious, an abuse of
discretion, or unsupported by substantial evidence as a whole. Substantial evidence means such relevant evidence
as a reasonable mind might accept as adequate to support a conclusion.
e. Within ten days from the date of the hearing, the hearing officer shall complete and submit to the City Manager,
the City Attorney, any intervenor, the Chief Procurement Officer, and the person requesting said hearing a final
order consisting of his/her findings of fact and conclusions of law as to the denial or granting of the protest, as
applicable.
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f. The decisions of the hearing officer are final in terms of city decisions relative to the protest.
Any appeal from the decision of the hearing officer shall be in accordance with the Florida Rules of
Appellate Procedure.
(e)Compliance with filing requirements.
Failure of a party to timely file either the notice of intent to file a protest or the written protest, together with the
required filing fee as provided in subsection (f), with the chief procurement officer within the time provided in
subsection (a), above, shall constitute a forfeiture of such party's right to file a protest pursuant to this section. The
protesting party shall not be entitled to seek judicial relief without first having followed the procedure set forth in
this section.
(d)Stay of procurements during protests.
Upon receipt of a written protest filed pursuant to the requirements of this section, the city shall not proceed
further with the solicitation or with the award of the contract until the protest is resolved by the chief procurement
officer or the city commission as provided in subsection (b) above, unless the city manager makes a written
determination that the solicitation process or the contract award must be continued without delay in order to avoid
an immediate and serious danger to the public health, safety or welfare.
(e) Costs.
All costs accruing from a protest shall be assumed by the protestor.
(f)Filing fee.
The written protest must be accompanied by a filing fee in the form of a money order or cashier's check payable to
the city in an amount equal to one percent of the amount of the bid or proposed contract, or $5,000.00, whichever
is less, which filing fee shall guarantee the payment of all costs which may be adjudged against the protestor in
any administrative or court proceeding. If a protest is upheld by the chief procurement officer and/or the city
commission, as applicable, the filing fee shall be refunded to the protestor less any costs assessed under subsection
(e) above. If the protest is denied, the filing fee shall be forfeited to the city in lieu of payment of costs for the
administrative proceedings as prescribed by subsection (e) above. (Ord. No. 12271, § 2, 8-22-02; Ord. No. 13629,
§ 2, 9-8-16)
1.76. SAiv1PLES - Samples of items, when required, must be submitted within the time specified at no expense to
the City. If not destroyed by testing, Bidder(s) will be notified by the City to remove such samples, at Bidder's
expense, within 30 days after notification. Failure to remove the samples will result in such samples becoming the
property of the City.
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1.77. SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES - Successful Bidder/Contractor
shall not sell, assign, transfer, or subcontract at any time during the term of the Contract, the Contract itself, or any
portion thereof, or any part of its operations, or assign, sell, pledge, dispose, convey, or encumber any portion of the
performance required by this Bid Contract, except under, and by virtue of written permission granted by the City
through the proper officials, which may be withheld or conditioned, in the City's sole discretion.
1.78. SERVICE AND WARRANTY - When specified, the Bidder shall define all warranty, service, and
replacements that will be provided. Bidders must explain on the Bid to what extent warranty and service facilities
are available. A copy of the manufacturer's warranty, if applicable, should be submitted with Bidder's response.
1.79. SILENCE OF SPECIFICATIONS - The apparent silence of the scope of work/specifications, and any
supplemental scope of work/specification as to any detail or the omission from it, of detailed description concerning
any point, shall be regarded as meaning that only the best commercial practices are to prevail, and that only
materials of first quality and correct type, size, and design shall be used. All workmanship and services shall be first
quality.
All interpretations of the scope of work/specifications shall be made upon the basis of this statement.
If Bidder has a current contract with the State of Florida, Department of General Services, to supply the items in the
Formal Solicitation, the Bidder shall quote not more than the contract price; failure to comply with this request will
result in disqualification of the Bid.
1.80. SUBMISSION AND RECEIPT OF BIDS - Bids may be submitted electronically via the Oracle System or
may be submitted in hardcopy format to the City Clerk's Office, City Hall, 3500 Pan American Drive, Miami,
Florida 33133-5504, at or before, the specified closing date and time, as designated in the Formal Solicitation. NO
EXCEPTIONS. Bidders are welcome to attend the Bid closing for hardcopy submission; however, no award will be
made at that time.
A. Hardcopy responses shall be enclosed in a sealed envelope, box, or package. The face of the envelope, box, or
package must show the date and time specified for receipt of Bids, the Formal Solicitation number and title, and the
name and return address of the Bidder. Hardcopy responses, not submitted on the requisite Bid Forms, may be
deemed non-responsive. Hardcopy responses received at any other location than the location specified, will be
deemed non-responsive.
Directions to City Hall for Submission of Hardcopy Responses
FROM THE NORTH: I-95 SOUTH UNTIL IT TURNS INTO USI. USI SOUTH TO 27TH AVE., TURN LEFT,
PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TUR'Ni LEFT, 1 BLOCK TURIN RIGHT
ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT.
FROM THE SOUTH: US 1 NORTH TO 27TH AVENUE, TURN RIGHT, PROCEED SOUTH TO SO.
BAYSHORE DR. (3RD TRAFFIC LIGHT), TURIN LEFT, 1 BLOCK TURN RIGHT ON PAN AMERICAN DR.
CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT.
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B. Facsimile responses will not be considered.
C. Failure to follow these procedures may deem your Bid non-responsive.
D. The responsibility for obtaining and submitting a Bid on or before the Bid closing date is solely and strictly the
responsibility of Bidder. The City is not responsible for delays specifically caused by the United States Postal
Service delivery or caused by any other occurrence. Bids received after the Bid closing date and time, will be
considered late, will remain unopened and will not be considered for award.
E. Late, misdelivered, or incorrectly addressed responses will be rejected.
F. All Bids are subject to the conditions specified herein. Bids that do not comply with these conditions may be
deemed non-responsive.
G. Modifications/changes of Bids already submitted will be considered only if received at the City Clerk's
Office before the Bid closing date and time. All modifications/changes shall be submitted either via the Oracle
System or in hardcopy to the City Clerk's Office. Once a Formal Solicitation closes (closed date and/or time
expires), the City will not consider any subsequent modifications/changes which alters the Bids.
H. If hardcopy responses are being submitted at the same time for different Formal Solicitations, each response must
be placed in a separate envelope, box, or package and each envelope, box, or package must contain the information
previously stated in 1.78.A.
1.81. TAXES - The City is exempt from any taxes imposed by the State and/or Federal Government. Exemption
certificates will be provided upon request. Notwithstanding, Bidders should be aware that all materials and supplies
that are purchased by the Bidder for the completion of the Bid Contract is subject to the Florida State Sales Tax in
accordance with Section 212.08, Florida Statutes, as amended, and all amendments thereto, and shall be paid solely
by the Bidder.
1.82. TERIMINATION - The City Manager, on behalf of the City, reserves the right to terminate the Bid Contract
by written notice to the Successful Bidder/Contractor effective as of the date specified in the notice, should any of
the following apply:
A. The Successful Bidder/Contractor is determined by the City, to be in breach of any of the terms and conditions of
the Bid Contract.
B. The City has determined that such termination will be in the best interest of the City, to terminate the Bid
Contract for its own convenience;
C. Funds are not available to cover the cost of the contracted goods and/or services. The City's obligation is
contingent upon the availability of appropriate funds.
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1.83. TERMS OF PAYMENT - Payment will be made by the City after the goods and/or services have been
received, inspected, and found to comply with award specifications, free of damage, or defect, and properly
invoiced. Payment will be made after delivery, within forty-five (45) days of receipt of an invoice, and authorized
inspection and acceptance of the goods/services, and pursuant to Section 218.74, Florida Statutes, and other
applicable law.
1.84. TIMELY DELIVERY -Time will be of the essence for any orders placed as a result of the Formal
Solicitation. The City reserves the right to cancel such orders, or any part thereof, without obligation, if delivery is
not made within the time(s) specified in the Bid. Deliveries shall be made during regular City business hours, unless
otherwise specified in the Special Conditions.
1.85. TITLE - Title to the goods shall not pass to the City until after the City has inspected and accepted the goods
or used the goods, whichever comes first.
1.86. TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE -All Bids submitted to the
City are subject to public disclosure, pursuant to Chapter 119, Florida Statutes. An exception may be made for
"trade secrets." If the Bid contains information that constitutes a "trade secret", all material that qualifies for
exemption from Chapter 119, must be submitted in a separate envelope, clearly identified as "TRADE SECRETS
EXCEPTION," with Bidder's name, the Formal Solicitation number, and title marked on the outside.
Please be aware that the designation of an item as a trade secret by Bidder may be challenged in court by any
person. By Bidder's designation of material in Bidder's Response as a "trade secret" Bidder agrees to indemnify and
hold harmless the City for any award to a plaintiff for damages, costs, or attorney's fees and for costs and attorney's
fees, incurred by the City, by reason of any legal action challenging Bidder's claim.
1.87. UNAUTHORIZED `YORK OR DELIVERY OF GOODS - Neither the Successful Bidder/Contractor nor
any of their employees shall perform any work, or deliver any goods, unless a change order or purchase order is
issued and received by the Successful Bidder/Contractor. The Successful Bidder/Contractor will not be paid for any
work performed, or goods delivered outside the scope of the Bid Contract, or any work performed by Successful
Bidder's/Contractor's employee(s) not otherwise previously authorized.
1.88. USE OF NATNIE - The City is not engaged in research for advertising, sales promotion, or other publicity
purposes. No advertising, sales promotion, or other publicity materials containing information obtained from the
Formal Solicitation shall be mentioned, or imply the name of the City, without prior express written permission
from the City Manager, or the City Commission.
1.89. VARIATIONS OF SPECIFICATIONS - For purposes of the Formal Solicitation evaluation, Bidder(s) must
indicate any variances from the Formal Solicitation scope of work/specifications and/or conditions, no matter how
slight. If variations, are not stated on their Bid, it will be assumed that the product fully complies with the Formal
Solicitation's scope of work/specifications.
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2. Special Conditions
2.1. PURPOSE
The purpose of this Solicitation is to establish a contract, for the provision of garbage bags and liners, as specified
herein, from a source(s), fully compliant with the terms, conditions and stipulations of the Solicitation.
2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORLNIATION/CLARIFICATION
Any questions or clarifications concerning this solicitation shall be submitted by email or facsimile to the
Procurement Department, Attn: Cristiane Lima; fax: 305-400-5009 or email: CLima@miamigov.com, and a copy
filed with the Office of the City Clerk, pursuant to Section 1.20. Cone of Silence. The solicitation title and number
shall be referenced on all correspondence. All questions must be received no later than Monday, November 4, 2019
@15:00:00. All responses to questions will be sent to all prospective bidders/proposers in the form of an
addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE.
2.3. PRE-BID/PRE-PROPOSAL CONFERENCE
None
2.4. TERM OF CONTRACT
The Contract shall commence upon the date of notice of award and shall be effective for two (2) years with the
option to renew for three (3) additional two (2) year periods, subject to the availability of funds for succeeding fiscal
years.
The City shall have the right to terminate this Contact pursuant to Section 2.24 Termination, of this solicitation.
Continuation of the Contract beyond the initial period is a City Prerogative; not a right of the Successful Bidder(s).
This Prerogative will be exercised only when such continuation is clearly in the best interest of the City.
2.5. CONDITIONS FOR RENEWAL
Each renewal of this contract is subject to the following:
(1) Continued satisfactory performance compliance with the specifications, terms and conditions established
herein.
(2) Availability of funds
2.6. NON -APPROPRIATION OF FUNDS
In the event no fimds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal
period for payments due under this contract, then the City, upon written notice to the Successful Bidder(s) or his
assignee of such occurrence, shall have the unqualified -right to terminate the contract without any penalty or
expense to the City. No guarantee, warranty or representation is made that any project(s) will be awarded to any
firm(s).
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2.7. CURES
Please refer to Section 1.56, Notice Regarding "Cures" of the General Terms and Conditions of this Solicitation.
2.8. BIDDERS MINIMUM QUALIFICATIONS
Bids will only be considered from firms that are regularly engaged in the business of providing goods and/or
services described herein for the last two (2) years with the same FEI Number; that have adequate financial support,
equipment and organization to insure that they can satisfactorily provide the goods and/or services if awarded a
Contract under the terms and conditions herein stated. Bidder shall:
(1) Not have any member, officer, or stockholder that is in arrears or is in default of any debt or contract involving
the City, is a defaulter surety otherwise, upon any obligation to the City, and/or has failed to perform faithfully on
any previous contract with the City.
(2) Have no record of pending lawsuits or criminal activities, and have never been declared bankrupt.
2.9. METHOD OF AWARD
Award of this contract will be made to the lowest responsive and responsible bidder who bids on all items and
whose bid offers the lowest price when all items are added in the aggregate.
2.10. REFERENCES
Each bid must be accompanied by a list of three (3) references, as reflected in the Header/Attributes Section of this
Solicitation, which shall include the name of the company, dates of contract, description of goods/services supplied,
a contact person and the telephone number. NO BID WILL BE CONSIDERED WITHOUT THIS LIST.
2.11. SUBMISSION REQUIREMENTS
All responses will be submitted either via Oracle Sourcing System or via hardcopy format.
For hardcopy submissions, all forms should be completed, signed and submitted accordingly. All signatures must be
in ink. A typewritten signature is invalid for entering a procurement contract or the submission of a bid.
Hardcopy responses shall place bid in a sealed envelope marked the IFB number and title. Mail or deliver to the City
Clerk, City Hall, 3500 Pan American Drive, Miami, Florida 33133-5504, at or before, the specified closing date and
time as designated in the IFB. NO EXCEPTIONS.
2.12. TIE BIDS
Whenever two or more Bids which are equal with respect to price, quality and service are received by the City for
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the procurement of commodities or contractual services, a Bid received from a business that certifies that it has
implemented a drug-free workplace program shall be given preference in the award process. Established procedures
for processing tie Bids will be followed if none of the tied vendors have a drug-free workplace program. In order to
have a drug-free workplace program, a business shall:
(1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or
use of a controlled substance is prohibited in the workplace and specifying the action that will be taken against
employees for violations of such prohibition.
(2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a
drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the
penalties that may be imposed upon employees for drug abuse violations.
(3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of
the statement specified in subsection (1).
(4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the
commodities or contractual services that are under Bid, the employee will abide by the terms of the statement and
will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or
of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later
than five (5) days after such conviction.
(5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation
program, if such is available in the employee's community, by any employee who is so convicted.
(6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.
2.13. INSURANCE REQUIREMENTS
The Successful Bidder(s) shall furnish to City of Miami, c/o Procurement Department, 444 SW 2nd Avenue, 6th
Floor, Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained
which meets the requirements as outlined below:
I. Commercial General Liability (Primary and Non -Contributory):
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence - S1,000,000
General Aggregate Limit - $2,000,000
Products/Completed Operations - $1,000,000
Personal and Advertising Injury - $1,000,000
B. Endorsements Required
City of Miami listed as an additional insured
Primary Insurance Clause Endorsement
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Invitation for Bid (IFB) 1136381
Premises and Operations Liability
Contingent and Contractual Exposures
BINDERS ARE UNACCEPTABLE.
The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals,
which most nearly reflect the operations of the bidder.
All insurance policies required above shall be issued by companies authorized to do business under the laws of the
State of Florida, with the following qualifications:
The Company must be rated no less than "A" as to management, and no less than "Class V" as to financial strength,
by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its
equivalent. All policies and/or certificates of insurance are subject to review and verification by Risk Management
prior to insurance approval.
Certificates will indicate no modification or change in insurance shall be made without thirty (30) days written
advance notice to the certificate holder.
NOTE: CITY BID NUMBER AND/OR TITLE OF BID MUST APPEAR ON EACH CERTIFICATE.
Compliance with the foregoing requirements shall not relieve the Successful Bidder of his liability and obligation
under this section or under any other section of this Agreement.
--If insurance certificates are scheduled to expire
during the contractual period, the Successful Bidder shall be responsible for submitting new or renewed insurance
certificates to the City at a minimum of ten (10) calendar days in advance of such expiration.
--In the event that expired certificates are not replaced
with new or renewed certificates which cover the contractual period, the City shall:
(4) Suspend the contract until such time as the new or renewed certificates are received by the City in the manner
prescribed in the Invitation To Bid.
(5) The City may, at its sole discretion, terminate this contract for cause and seek re -procurement damages from the
Successful Bidder in conjunction with the General and Special Terms and Conditions of the Bid.
The Successful Bidder shall be responsible for assuring that the insurance certificates required in conjunction with
this Section remain in force for the duration of the contractual period; including any and all option terms that may be
granted to the Successful Bidder.
2.14. COMPLIANCE `VITH FEDERAL STANDARDS
All items to be purchased under this bid shall be in accordance with all governmental standards including, but not
limited to, those issued by the Office od Safety and Health Administration (OSHA), the National Institute of
Occupational Safety Hazards (NIOSH), and the National Forest Products Association (NFPA).
2.15. PRODUCT/CATALOG INFORiMATION
All Bidders must submit with the bid response product information on the items they propose to furnish on this Bid.
Any Bid received not containing this information shall be rejected for that reason. If catalog numbers shown in this
Bid are incorrect or obsolete, it is the responsibility of the Bidder to update or advise the City of this problem. The
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Invitation for Bid (IFB) 1136381
City will issue an Addendum to correct and update catalog numbers, when applicable. The catalog number you show
on your Bid is the one the City will expect to receive.
2.16. DELIVERY
The Successful Bidder(s) shall make deliveries within seven (7) calendar days after receipt of Purchase Order. All
deliveries shall be made in accordance with good commercial practices and shall be adhered to by the Successful
Bidder(s); except in such cases where the delivery will be delayed due to force majeure. In these cases, the bidder
shall notify the City of the delays in advance of the delivery date so that a revised delivery schedule can be
negotiated.
All items shall be priced and delivered F.O.B. Miami, inside the premises. Orders are to be delivered to the specific
department or agency, floor number, and name stipulated on the blanket purchase order. There shall be no additional
cost for delivery of items and/or pick-ups of returns.
2.17. PACKING SLIP/DELIVERY TICKET TO ACCOMPANY ITETIS DURING DELIVERY
The Successful Bidder(s) shall enclose a complete packing slip or delivery ticket with any items to be delivered in
conjunction with this bid solicitation. The packing slip shall be attached to the shipping carton(s) which contain the
items and shall be made available to the City's authorized representative during delivery. The packing slip or
delivery ticket shall include, at a minimum, the following information: purchase order number; date of order; a
complete listing of items being delivered; and back -order quantities and estimated delivery of back -orders if
applicable.
2.18. SAMPLES
The bidder shall provide upon request, a complete and accurate sample of the product(s), which they propose to
furnish.
2.19. METHOD OF PAYMENT
Full payment will be made upon receipt and acceptance of a complete unit(s). No down or partial down payments
will be made.
2.20. MATERIALS SHALL BE NEW AND WARRANTED AGAINST DEFECTS
The Bidder hereby acknowledges and agrees that all materials/products, except where recycled content is
specifically requested, supplied by the Bidder in conjunction with this Bid shall be new, warranted for their
merchantability, and fit for a particular purpose. In the event any of the materials/products supplied to the City by
the Bidder are found to be defective or do not conform to specifications, the City reserves the right to cancel the
order and return such materials/products to the Bidder to replace the materials/products at the Bidder's expense.
2.21. EXCLUSION OF THE CITY'S GENERAL TERMS AND CONDITIONS
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Invitation for Bid (IFB) 1136381
Section 1.48 of the General Terms and Conditions, entitled "Local Preference", is not applicable to this solicitation.
2.22. ADDITIONS/DELETIONS OF FACILITIES/ITEMS/PRODUCTS/SUPPLIERS
Although this solicitation identifies specific facilities/locations/products/services to be performed, it is hereby agreed
and understood that any facility/location/item/product/suppliers may be added/deleted to/from this Contract at the
sole discretion of the City. When an addition to the Contract is required, the Successful Bidder(s) under this
Contract shall be invited to submit price quotes for these new items/products. If these quotes are comparable with
market prices offered for similar items/products, they shall be added to the Contract whichever is in the best interest
of the City and an addendtun and a separate purchase order shall be issued by the City.
2.23. WARRANTY, FITNESS FOR PURPOSE
The Successful Bidder(s) warrants items supplied under this contract conform to specifications herein, and are fit for
the purpose for which such goods are ordinarily employed; except if stated in a Special Condition, the material must
be fit for that particular purpose. The Successful Bidder(s) and the City agree that orders under this contract do not
exclude, or in any way limit, other warranties, provided in this agreement or by law.
2.24. PRIMARY CLIENT (FIRST PRIORITY)
The Successful Bidder(s) agree upon award of this Contract that the City of Miami shall be its primary client and
shall be serviced first during a schedule conflict arising between this Contract and any other Contract Successful
Bidder(s) may have with any other cities and/or counties to perform similar services as a result of any catastrophic
events such as tornadoes, hurricanes, severe storms or any other public emergency impacting various areas during or
approximately the same time.
2.25. TERMINATION
A. FOR DEFAULT
If the Successful Bidder(s) defaults in its performance under this Contract and does not cure the default within 30
days after written notice of default, the City Manager may terminate this Contract, in whole or in part, upon written
notice without penalty to the City of Miami. In such event the Successful Bidder(s) shall be liable for damages
including the excess cost of procuring similar supplies or services: provided that if, (l) it is determined for any
reason that the Successful Bidder(s) was/were not in default or (2) the Successful Bidder(s)'s failure to perform is
without his or his subcontractor's control, fault or negligence, the termination will be deemed to be a termination for
the convenience of the City of Miami.
B. FOR CONVENIENCE
The City Manager may terminate this Contract, in whole or in part, upon 30 days prior written notice when it is in
the best interests of the City of Miami. If this Contract is for supplies, products, equipment, or software, and so
terminated for the convenience by the City of Miami the Successful Bidder will be compensated in accordance with
an agreed upon adjustment of cost. To the extent that this Contract is for services and so terminated, the City of
Miami shall be liable only for payment in accordance with the payment provisions of the Contract for those services
rendered prior to termination.
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Invitation for Bid (IFB) 1136381
2.26. ADDITIONAL TERMS AND CONDITIONS
No additional terms and conditions included as part of your solicitation response shall be evaluated or considered,
and any and all such additional terms and conditions shall have no force or effect and are inapplicable to this
solicitation. If submitted either purposely, through intent or design, or inadvertently, appearing separately in
transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed that the General
Conditions and Special Conditions in this solicitation are the only conditions applicable to this solicitation and that
the Bidder's authorized signature affixed to the Bidder's acknowledgment form attests to this. If a Professional
Services Agreement (PSA) or other Agreement is provided by the City and is expressly included as part of this
solicitation, no additional terms or conditions which materially or substantially vary, modify or alter the terms or
conditions of the PSA or Agreement, in the sole opinion and reasonable discretion of the City will be considered.
Any and all such additional terms and conditions shall have no force or effect and are inapplicable to this PSA or
Agreement.
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Invitation for Bid (IFB) 1136381
3. Specifications
3.1. SPECIFICATIONS/SCOPE OF WORK
3.1.1. Requirement
A. Material:
Plastic trash can liners shall contain a minimum of 10% post -consumer recycled content.
B. Manufacturer's Certification:
The bidder shall submit with their bid response, a manufacturer's certification of compliance that the item bid
contains a minimum of 10% postconsumer plastic resin (PCR). Postconsumer plastic being defined by American
Society for Testing and Materials (ASTM) as "Those products generated by a business or consumer that have served
their intended end uses, and that have been separated or diverted from solid waste for the purpose of collection,
recycling and disposition." Failure to comply will result in rejection of bid. The type of plastic material used
Linear low-density polyethylene (LLDPE), High-density polyethylene (HDPE), or Low-density polyethylene
(LDPE)) shall be noted on the certification.
C. Specifications:
• Liners shall be either Gusset type (two sides), Star Sealed or Flat configuration.
• Star Sealed liners are an acceptable substitute for Gusset type liners, if the Star Sealed liners meet
specifications.
• Gusset type or Star Sealed liners are not an acceptable substitute for Flat liners.
• Flat liners are not an acceptable substitute for Gusset type (two sides) or Star Sealed liners.
D. Seams:
Heat -sealed seams shall be continuous with no seal separations. The seals shall be parallel to and within 1 -inch of
the liner edge. Two -side -gusset type liners shall have the seam seal located on the liner bottom and the seal extend
across the full face width dimension. Flat bag liners shall have the seam seal through two-ply of material and may be
located on either the liner bottom or sides. Star sealed bag liners shall have the seam seal through multi -ply of
material and the seal shall be located on the liner bottom. All seals and seams shall be stronger than liner material.
E. Dimensions:
Liner dimensions shall be determined by overall outside measurements (including sealed seam end) of the liner
lying in the flat position. Liner dimensions shall be in compliance with the appropriate acceptable dimensions listed.
Liners with multi -ply folded seams shall have the width measurement taken within the upper 1/3 of the unfolded
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Invitation for Bid (IFB) 1136381
liner lying open in the flat position. Length dimension shall be measured with the bag lying in flat position from
center of top to center of bottom.
F. Color:
Unless otherwise specified, liner color shall be clear, gray, black or brown. Once the contract is established, color
may not be varied without prior approval. (Minor color variation resulting from the use of PCR is acceptable.)
G. Twist Ties:
Twist ties or other restraining devices shall be included in each case of liners or otherwise supplied in adequate
numbers to cover the quantity of liners procured.
H. Workmanship:
Liners shall be uniform in color, texture and finish. Liners shall be free from pinholes, tears, cuts, extraneous
embedded matter or other visual defects which might impair their usefulness. (Minor inclusion resulting from the
use of PCR is acceptable.)
I. Quantity Per Case:
The actual count of liners per case shall not be less than the manufacturer's labeled quantity.
3.1.2. Applicable Publications
Applicable portions of the following publications, latest issue, shall be a part of this specification:
• ASTM D2103 Standard Specification for Polyethylene Film and Sheeting.
• ASTM D1709 Impact Resistance of Polyethylene Film by the free -falling Dart Method.
• ASTM D5033 Standard guide for the development of standards relating to the proper use of recycled
plastics.
• ASTM Standards (Application for copies should be addressed to the American Society for Testing
and Materials, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, Pennsylvania
19428-2959).
3.1.3. Pricing
Pricing shall be provided on a per bag (each) basis. Orders will be placed based on the unit price per bag times your
standard package quantity as indicated in each line item attribute.
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