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Home My WebLink AboutBack-Up DocumentsCITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Arthur Noriega V City Manager FROM: Annie Perez, CPPO, Director Al' Department of Procurement RECOMMENDATION: DATE: May 28, 2020 FILE: SUBJECT: Recommendation of Award for the Provision of Paint REFERENCES: Invitation for Bid ("IFB") No. 1141381 ENCLOSURES: Bid Tabulation Survey Results Based on the findings below, the Department of Procurement ("Procurement") hereby recommends award of IFB No. 1141381 to Lanco & Harris Corp. ("Lanco"), the sole responsive and responsible Bidder, for the provision of paint, citywide. The awarded vendor, contract terms, and amount are shown below. IFB No./Title: IFB No. 1141381, Provision of Paint Contract Amount: $60,000.00 Annually (Approximately $300,000.00 in the aggregate). Contract Term: Initial term for a period of three (3) years, with the option to renew for two (2) additional one (1) year periods. Recommended Vendor: Lanco & Harris Corp. �4g21Cj On December 23, 2019, Procurement issued IFB No. 1141381, Provision of Paint, under full and open competition. On January 27, 2020, at bid closing one (1) bid was received. The bid was evaluated and tabulated following the guidelines published in the bid. Lanco was the sole responsive and responsible Bidder. Consequently, approval of this recommendation to award is requested. Your signature below will indicate approval of this recommendation. Approved: Date: 3 �W gU Arthur 16riega V, City Manager c: Sandra Bridgeman, CPA, Assistant City Manager, Chief Financial Officer Falero, Ricardo, Director, General Services Administration ("GSA") Yadissa A. Calderon, CPPB, Assistant Director, Procurement PR 20120 BID TABULATION IFB 1141381 Paint GROUP A Lanco & Harris Corp. Item Description Qty UOM Unit Price Extended Amount Primer Paint, Aerosol Spray, Lead Free, Fast Drying for Metal, Size: 12 oz. 1 Can, Manufacturer: Symour, No.: Allpro 11054; "OR APPROVED 1 Can $1.55 $1.55 EQUAL." 2 Primer Paint, Zinc Chromate, Size: 1 Gallon, Manufacturer: Richards, No.: 1 Gallon $9.25 $9.25 1017; OR APPROVED EQUAL. 3 Primer Paint, Zinc Chromate, Size: 5 Gallon Pail, Manufacturer: Richards, 1 Pail $55.00 $55.00 No.: 1017; "OR APPROVED EQUAL." 4 Sealer Paint for Masonry Application, Color: Clear White, Size: 1 Gallon, 1 Gallon $12.35 $12.35 Manufacturer: Richards, No.: SRI 791; "OR APPROVED EQUAL." 5 Sealer Paint for Masonry Application, Color: Clear White, Size: 5 Gallon 1 Pail $51.50 $51.50 Pail, Manufacturer: Richards, No.: SR1791; "OR APPROVED EQUAL." Aerosol Spray Paint, Marking Chalk, Lead Free, Fast Drying for Temporary 6 Marking, Size: 13.5 oz. Can, Manufacturer: Seymour, No.: Inverted 16; 1 Can $7.75 $7.75 "OR APPROVED EQUAL." Aerosol Spray Paint, Lead Free, Fast Drying for Wood, Metal, Color: 7 Gloss, Size: 12 oz. Can, Manufacturer: Seymour, No.: Allpro 11062; "OR 1 Can $1.75 $1.75 APPROVED EQUAL." Paint - Enamel, Color: Interior Alkyd Semi -Gloss, Size: 1 Gallon, 8 Manufacturer: Lanco, No.: Super Enamel S G SE457; "OR APPROVED 1 Gallon $21.00 $21.00 EQUAL." Paint - Enamel, Color: Interior Alkyd Semi -Gloss, Size: 1 Gallon, 9 Manufacturer: Richards, No.: Interior Alkyd S G 700; "OR APPROVED 1 Gallon $21.00 $21.00 EQUAL." Paint - Enamel, Color: Interior Satin 100% Acrylic, Size: 1 Gallon, 10 Manufacturer: Coronado, No.: Interior Satin Acrylic 60; "OR APPROVED 1 Gallon $14.50 $14.50 EQUAL." Paint - Enamel, Color: Interior Satin 100% Acrylic, Size: 5 Gallon Pail, 11 Manufacturer: Coronado, No.: Interior Satin Acrylic 60; "OR APPROVED 1 Pail $69.00 $69.00 EQUAL." Paint - Enamel, Color: Premium Interior, Exterior Alkyd Gloss, Size: 1 12 Gallon, Manufacturer: Richards,No.: Gloss Enamel 1500; "OR 1 Gallon $21.95 $21.95 APPROVED EQUAL." 13 Paint - Exterior, Color: 100% Acrylic Satin Enamel, Size: 1 Gallon, 1 Gallon $15.95 $15.95 Manufacturer: Richards, No.: Signature 400; "OR APPROVED EQUAL." 14 Paint - Exterior, Color: 100% Acrylic Satin Enamel, Size: 5 Gallon Pail, 1 Pail $66.00 $66.00 Manufacturer: Richards, No.: Signature 400; "OR APPROVED EQUAL." 15 Paint - Flat Exterior, Latex, Size: 1 Gallon, Manufacturer: Richards, No.: 1 Gallon $14.75 $14.75 Signature 100; "OR APPROVED EQUAL." 16 Paint - Flat Exterior, Latex, Size: 5 Gallon Pail, Manufacturer: Richards, 1 Pail $68.00 $68.00 No.: Signature 100; "OR APPROVED EQUAL." 17 Paint - Flat Interior, Latex, Size: 1 Gallon, Manufacturer: Richards, No.: 1 Gallon $12.45 $12.45 Rich Wall 600; "OR APPROVED EQUAL." 18 Paint - Flat Interior, Latex, Size: 5 Gallon Pail, Manufacturer: Richards, 1 Pail $57.50 $57.50 No.: Rich Wall 600; "OR APPROVED EQUAL." PREPARED BY: ANTHONY HANSEN, MAY 2020 BID TABULATION IFB 1141381 Paint 19 Paint - Interior, Exterior High -Gloss Industrial Enamel. Size: 1 Gallon. 1 Gallon $24.95 $24.95 Manufacturer: Richards, No.: 1200; "OR APPROVED EQUAL." 20 Paint - Interior, Exterior High -Gloss Industrial Enamel, Size: 5 Gallon Pail, 1 Pail $77.00 $77.00 Manufacturer: Richards, No.: 1200: "OR APPROVED EQUAL." Paint - Interior, Exterior 100% Acrylic Semi -Gloss Enamel, Size: 1 Gallon, 21 Manufacturer: Harris, No.: Titanium S G TT1219; "OR APPROVED 1 Gallon $15.40 $15.40 EQUAL." 22 Paint - Interior, Exterior 100% Acrylic Semi -Gloss Enamel, Size: 1 Gallon, 1 Gallon $16.35 $16.35 Manufacturer: Richards, No.: Signature 750; "OR APPROVED EQUAL." Paint - Interior, Exterior 100% Acrylic Semi -Gloss Enamel, Size: 5 Gallon 23 Pail, anufacturer: Harris, No.: Titanium S G TT1219; "OR APPROVED 1 Pail $74.35 $74.35 EQUAL." Paint - Interior, Exterior 100% Acrylic Semi -Gloss Enamel, Size: 5 Gallon 24 Pail, Manufacturer: Richards, No.: Signature 750; "OR APPROVED 1 Pail $74.35 S74.35 EQUAL." Paint - Alkyd, Color: Yellow Traffic Zone Marking, Size: 1 Gallon, 25 Manufacturer: Coronado, No.: Traffic Yellow 71-157; "OR APPROVED 1 Gallon $17.95 $17.95 EQUAL." 26 Paint - Pool Paint, Masonry, Chlorinated Rubber Base, Size: 5 Gallon Pail, 1 Pail $95.00 $95.00 Manufacturer: Richards, No.: Pool Paint 2500; "OR APPROVED EQUAL." 27 Paint - Bright Stripe Ready -to -Use Paint, Color: White, Size: 5 Gallon Pail, 1 Pail $35.50 $35.50 Manufacturer: Devoe, No.: 1018-5; "OR APPROVED EQUAL." Paint - Primer, Rust Inhibiting, Color: Red Oxide, Zinc Chromate, Interior, 28 Exterior 100% Acrylic Primer, Size: 5 Gallon Pail, Manufacturer: Harris, 1 Pail $57.00 $5T00 No.: Titanium Wall Primer TT1225; "OR APPROVED EQUAL." Paint - Primers, Rust Inhibiting, Red Oxide, Zinc Chromate, Interior, 29 Exterior Latex Primer and Stain Blocker, Size: 1 Gallon, Manufacturer: 1 Gallon $18.95 S18.95 Lanco, No.: Stain Killer WP039; "OR APPROVED EQUAL. II Paint - Primers, Rust Inhibiting, Red Oxide, Zinc Chromate, Interior, 30 Exterior Latex Primer and Stain Blocker, Size: 1 Gallon, Manufacturer: 1 Gallon $19.95 $19.95 Zinsser, No.: 123 Primer; "OR APPROVED EQUAL. II Paint - Preservative, Wood, Exterior, Clear, Mildew Resistant Coating, 31 Size: 5 Gallon Pail, Manufacturer: Lanco, No.: Water Sealer TS200; "OR 1 Pail $51.00 $51.00 APPROVED EQUAL." Paint - Varnish, Polyurethane, Color: Clear Gloss Coating, Size: 1 Gallon, 32 Manufacturer: Lanco, No.: Marine -Thane MT200; "OR APPROVED 1 Gallon $18.95 $18.95 EQUAL." 33 Paint - Varnish, Polyurethane, Color: Clear Gloss Coating, Size: 1 Gallon, 1 Gallon $20.55 $20.55 Manufacturer: Richards, No.: Poly Gross 60; "OR APPROVED EQUAL." Paint - Thinners, Removers, Mineral Spirits, Low Order, Crystal Clear, Non 34 Staining, Quick Drying, Size: 1 Gallon, Manufacturer: Klean Strip, No.: 1 Gallon $9.00 S9.00 94400 Mineral Spirits; "OR APPROVED EQUAL." Paint - Thinners, Removers, Reducer, Paint, Size: 5 Gallon Pail, 35 Manufacturer: Klean Strip, No.: Reducer, Thinner 94400; "OR APPROVED 1 Pail $26.95 S26.95 EQUAL." 36 Paint - Remover, Paint, Size: 1 Gallon, Manufacturer: Zip Strip, No.: Paint 1 Gallon $15.95 S15.95 Remover 88001; "OR APPROVED EQUAL." PREPARED BY: ANTHONY HANSEN, MAY 2020 BID TABULATION I F B 1141381 Paint Paint - Thinner, Naptha, Low Order, Crystal Clear, Non -Staining, Quick 37 Drying, Size: 1 Gallon, Manufacturer: Klean Strip, No.: NAPTHA 55; "OR 1 Gallon $7.95 $7.95 APPROVED EQUAL." Paint - Tough Shield Plyurethane, Gloss Enamel, OSHA Yellow, Size: 1 38 Gallon, Manufacturer: Tough Shield, No.: 1231-151; "OR APPROVED 1 Gallon S23.90 $23.90 EQUAL." 39 90-475, Direct to metal semi -gloss, Size: 1 Gallon, Manufacturer: Stein 1 Gallon $25.25 $25.25 Paint; "OR APPROVED EQUAL." 40 90-475, Direct to metal semi -gloss, Size: 5 Gallon Pail, Manufacturer: 1 Pail $110.00 $110.00 Stein Paint; "OR APPROVED EQUAL" 41 1300 Odorless Flat, Size: 1 Gallon, Manufacturer: Stein Paint; "OR 1 Gallon $11.35 $11.35 APPROVED EQUAL." 42 1300 Odorless Flat, Size: 5 Gallon Pail, Manufacturer: Stein Paint; "OR 1 Pail $52.45 $52.45 APPROVED EQUAL." 43 1330 Odorless Eggshell, Size: 1 Gallon, Manufacturer: Stein Paint; "OR 1 Gallon $13.65 $13.65 APPROVED EQUAL." 44 1330, Odorless Eggshell, Size: 5 Gallon Pail, Manufacturer: Stein Paint; 1 Pail $62.95 $62.95 "OR APPROVED EQUAL." 45 1350 Odorless Semi -Gloss, Size: 1 Gallon, Manufacturer: Stein Paint; 1 Gallon $15.75 $15.75 "OR APPROVED EQUAL." 46 1350, Odorless Semi -Gloss, Size: 5 Gallon Pail, Manufacturer: Stein "OR 1 Pail $72.95 $72.95 Paint; APPROVED EQUAL." 47 90-375, Direct to Metal Gloss, Size: 1 Gallon, Manufacturer: Stein Paint; 1 Gallon $25.50 $25.50 1 "OR APPROVED EQUAL." 48 90-375, Direct to Metal Gloss, Size: 5 Gallon Pail, Manufacturer: Stein 1 Pail $125.00 $125.00 Paint; "OR APPROVED EQUAL." 49 P-180, Elastomeric Patch Exterior (Vin Lox), Size: 1 Gallon, Manufacturer: 1 Gallon $13.95 $13.95 Stein Paint; "OR APPROVED EQUAL." 50 508-09 Waterbourne Ceiling Paint, Size: 5 Gallon Pail, Manufacturer: 1 Pail $36.50 $36.50 Stein Paint; "OR APPROVED EQUAL." 51 538-IX Benjamin Moore Ultra Spec Eggshell, Size: 5 Gallon Pail, "OR 1 Pail $89.00 $89.00 APPROVED EQUAL." 52 538-IX Benjamin Moore Ultra Spec Eggshell Crema White, Size: 5 Gallon 1 Pail $89.00 $89.00 Pail, "OR APPROVED EQUAL." 53 534-00 Benjamin Moore Ultra Spec Primer White, Size: 5 Gallon Pail, "OR 1 Pail $51.45 $51.45 APPROVED EQUAL." 54 Lacquer Thinner, Size: 1 Gallon, "OR APPROVED EQUAL." 1 Gallon 1 $9.00 1 $9.00 i otai race 1 l 4)L,UZ0.uu 1 APPROVEDBY: Director or designee PREPARED BY: ANTHONY HANSEN, MAY 2020 IFB 1141381— Provision of Paint Survey The following survey was sent to vendors registered in the Oracle ISupplier system who were notified of the business opportunity. The above referenced solicitation was advertised on December 23, 2019. The due date was January 27, 2020. The solicitation did have minimum requirements; however, these would not preclude firms from responding that were regularly engaged in the paint business. Due to the lack of participation, Procurement reached out to all of the identified firms to determine whether barriers existed in their decision not to compete. For example: 1. My firm was unable to meet the timeline for bid due date. 2. My firm did not have enough time to ask the City questions necessary to complete the IFB. 3. Not enough information in the Scope of Services. 4. Not Interested. Following are the responses as received from firms: Firm Response 1 Somay Paint Firm "does not carry that particular product." 2 Firm stated they were "unable to meet the timeline for the Bid Sherwin-Williams Due Date" and stated there was "not enough information in the Scope of Services." 3 O-Gee Paint Timing was bad. Many items are confusing or are single source items in spite of the "or approved equal" qualifier. Detail by Entity Name Pagel of 3 Florida Department of State r �fY��Utl Jf 1 we offitk l kme of TIIurhe+ svebwe Department of State / Division of Corporations / Search Records / Detail By Document Number / Detail by Entity Name Florida Profit Corporation LANCO & HARRIS CORP. Filing Information Document Number FEI/EIN Number Date Filed State Status Last Event Event Date Filed Event Effective Date Principal Address 600 MID FLORIDA DRIVE ORLANDO. FL 32824 Changed: 04/21 /2004 Mailing Address 600 MID FLORIDA DRIVE ORLANDO. FL 32824 P00000058573 65-1121594 06/16/2000 FL ACTIVE CANCEL ADM DISS/REV 04/12/2010 NONE Changed: 04/21 /2004 Reaistered Aaent Name & Address GAZTAMBIDE, JUAN PABLO 600 MID FLORIDA DRIVE ORLANDO, FL 32824 Name Changed: 03/24/2015 Address Changed: 05/02/2006 Officer/Director Detail Name & Address Title President GAZTAMBIDE, JUAN PABLO 600 MID FLORIDA DRIVE ORLANDO, FL 32824 http://search. sunbiz. org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 1 /28/2020 Detail by Entity Name Page 2 of 3 Title VP BLANCO, SERGIO 600 MID FLORIDA DRIVE ORLANDO. FL 32824 Title Secretary BLANCO, GABRIELA 600 MID FLORIDA DRIVE ORLANDO, FL 32824 Title Treasurer BLANCO, GUILLERMO 600 MID FLORIDA DRIVE ORLANDO, FL 32824 Annual Reports Report Year Filed Date 2017 04/04/2017 2018 04/30/2018 2019 04/02/2019 Document Images 04/02/2019 --ANNUAL REPORT I View image in PDF format 04/30/2018 -- ANNUAL REPORT View image in PDF format 04/04/2017 -- ANNUAL REPORT View image in PDF format 02/26/2016 -- ANNUAL REPORT View image in PDF format 03/24/2015 -- ANNUAL REPORT View image in PDF format 04/16/2014 -- ANNUAL REPORT View image in PDF format 02/28/2013 -- ANNUAL REPORT View image in PDF format 04/30/2012 -- ANNUAL REPORT View image in PDF format 04/29/2011 --ANNUAL REPORT I View image in PDF format 04/12/2010 -- REINSTATEMENT I View image in PDF format 01/04/2008 -- ANNUAL REPORT View image in PDF format 06/25/2007 -- ANNUAL REPORT View image in PDF format 03/21/2007 -- ANNUAL REPORT View image in PDF format 05/02/2006 -- ANNUAL REPORT View image in PDF format 04/11/2005 -- ANNUAL REPORT View image in PDF format 01/10/2005 -- ANNUAL REPORT View image in PDF format 04/21/2004 -- ANNUAL REPORT View image in PDF format 02/10/2003 -- ANNUAL REPORT View image in PDF format 04/01/2002 -- ANNUAL REPORT View image in PDF format 09/12/2001 -- ANNUAL REPORT I View image in PDF format 08/21/2001 -- ANNUAL REPORT I View image in PDF format 06/16/2000 -- Domestic Profit I View image in PDF format http://search. sunbiz. org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 1 /28/2020 Detail by Entity Name Page 3 of 3 Florida Department of State, Division of Corporations http://search. sunbiz. org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 1 /28/2020 City of Miami a��E� Invitation for Bid (IFB) 1-100 �0 4 Procurement Department Miami Riverside Center 444 SW 2nd Avenue, 6th Floor Miami, Florida 33130 Web Site Address: www.m1amlgov.cQm/procyLQm9rjt IFBNumber: 1141381 Title: Invitation for Bid for the Provision of Paint Issue Date/Time: 23-DEC-2019 IFBClosing Date/Time: 27-JAN-2020 @ 14:00:00 Pre-Bid/Pre-Proposal Conference: None Pre-Bid/Pre-Proposal Date/Time: Pre-Bid/Pre-Proposal Location: Deadline for Request for Clarification: 10-JAN-2020 @ 17:00:00 Contracting Officer: Hansen, Anthony Hard Copy Submittal Location: City of Miami - City Clerk 3500 Pan American Drive Miami FL 33133 US Contracting Officer E-Mail Address: amhansen@miamigov.com Contracting Officer Facsimile: (305)400-5237 Page 1 of 62 �h. 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 (1) 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: Z4A-L5(-, 41-J-L �� f'c ADDRESS: /'/J / 7 PHONE: '30� FAX: EMAIL: CJ� GII LEI ELL(Optional): 7 SIGNED BY: TITLE: DATE: / 126 FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISQUALIFY THIS RESPONSE. Page 2 of 62 Certifications Legal Name of Firm: Federal Employer Identification Number (FEIN): 6C Year Established: C / j G / 2-c;to r-) Office Location: City of Miami, Miami -Dade County, or Other Business Tax Receipt/Occupational License Number: Business Tax Receipt/Occupational License Issuing Agency: Business Tax Recei j'onal Lice Z iration Date: -30 Will Subcontractor(s) be used? (Yes or o) Z1 If subcontractor(s) will be utilized, provide their name, address and 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, 1 /7/19). 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) 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: Page 3 of 62 Reference No. 1: Address, City, State, and Zip for above reference company/agency listed: W() 3 N'l-'- I �;" d . `� pA� 01 U n i' 331 � f Reference No. 1: Name of Contact Person and Telephone Number for above reference no. 1 C�.C+yis-5--1Z( - 2y 1 -S 3Z9 Reference No. 1: Date of Contract or Sale for above reference no. 1 1124 1201(-'-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 3Si<-� �AW '=j-\kl-% <'� . for above reference company/agency listed: (4 H'. T( . 53 i � z Reference No. 2: Name of Contact Person and Telephone Number for above reference no. 2 I,o)w T(5i y� ��Z Reference No. 2: Date of Contract or Sale for above reference no. 2 �h 1'/�oc� 201 IIA � I'��e��r)u-�e�G 2IC) 1% - .Zo l I Reference No. 3: Name of Company/Agency for which Bidder is currently providing the services/goods as described in this,golicitation, or has provided such services/goods in the past: Reference No. 3: Address, City, State, and Zip for above reference company/agency listed: 0 4-1 -�eovo(sp , �Ak(4 M � V L -6v No. 3: Name of Contact Person and Telephone Number for above reference no. 3 :c� (-) r -7 �( � 3 - �-70 1 Reference No. 3: Date of Contract or Sale for above reference no. 3 -��n -� 2Diq �� 06 'zol � DoVG ��, VIL 0 w v Page 4- of 62 Line: 1 Description: Primer Paint, Aerosol Spray, Lead Free, Fast Drying for Metal, Size: 12 oz. Can, Manufacturer: Symour, No.: Allpro 11054; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Can Unit Price: $ Manufacturer Item/Product No. Line: 2 Number of Units: 1 Total: $ Description: Primer Paint, Zinc Chromate, Size: 1 Gallon, Manufacturer: Richards, No.: 1017; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Gallon Unit Price: $— Number of Units: 1 Total: $ Manufacturer Item/Product No. Line: 3 Description: Primer Paint, Zinc Chromate, Size: 5 Gallon Pail, Manufacturer: Richards, No.: 1017; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Pail Unit Price: $ �� Number of Units: 1 Total: $ - Manufacturer 2'?A-Lf& Item/Product No. —461",;2 Page 5 of 62 Line: 4 Description: Sealer Paint for Masonry Application, Color: Clear White, Size: 1 Gallon, Manufacturer: Richards, No.: SR1791; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Gallon Unit Price: $_ Manufacturer Item/Product No. Line: 5 Number of//Units: 1 VVE Og24 Total: $_ Description: Sealer Paint for Masonry Application, Color: Clear White, Size: 5 Gallon Pail, Manufacturer: Richards, No.: SR1791; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Pail Unit Price: $ !t e S Manufacturer Item/Product No. Line: 6 Number of Units: 1 24A-4G Total: $ Description: Aerosol Spray Paint, Marking Chalk, Lead Free, Fast Drying for Temporary Marking, Size: 13.5 oz. Can, Manufacturer: Seymour, No.: Inverted 16; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Can Unit Price: $ 711-75 Manufacturer Item/Product No. Number o Units: 1 2�� 6U� �7 � Total: $ / d Page 6 of 62 Line: 7 Description: Aerosol Spray Paint, Lead Free, Fast Drying for Wood, Metal, Color: Gloss, Size: 12 oz. Can, Manufacturer: Seymour, No.: Allpro 11062; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Can Unit Price: $ 1 r 1 Manufacturer Item/Product No. Line: 8 Number of Units: 1 Total: $ 1 il 7 Description: Paint - Enamel, Color: Interior Alkyd Semi -Gloss, Size: 1 Gallon, Manufacturer: Lanco, No.: Super Enamel S G SE457; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Gallon Unit Price: $ 2 1 ' Number of Units: 1 Total: $ L Manufacturer L,.'�«-% Item/Product No. L '7` �Z /y y L 254t4iA.kq-iY Line: 9 Description: Paint - Enamel, Color: Interior Alkyd Semi -Gloss, Size: 1 Gallon, Manufacturer: Richards, No.: Interior Alkyd S G 700; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Gallon �� Unit Price: $_2_ Number of Units: 1 Total: $ Manufacturer _X4 'j, jG0 1 v �-� -4 2E7/1 X', Page 7 of 62 Item/Product No. -5c" �52- 4 Line: 10 Description: Paint - Enamel, Color: Interior Satin 100% Acrylic, Size: 1 Gallon, Manufacturer: Coronado, No.: Interior Satin Acrylic 60; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Gallon Unit Price: $ Number of Units: 1 Total: $ l Manufacturer Item/Product No. 75 �P E �� Line: 11 Description: Paint - Enamel, Color: Interior Satin 100% Acrylic, Size: 5 Gallon Pail, Manufacturer: Coronado, No.: Interior Satin Acrylic 60; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Pail Unit Price: $ Number of Units: 1 Total: $' Manufacturer Item/Product No. Line: 12 Description: Paint - Enamel, Color: Premium Interior, Exterior Alkyd Gloss, Size: 1 Gallon, Manufacturer: Richards, No.: Gloss Enamel 1500; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Gallon r Unit Price: $ _ Number of Units: 1 Total: $� i Page 8 of 62 Manufacturer Item/Product No. -y p1L l-�- z5-7-// tit l 1�4 Line: 13 Description: Paint - Exterior, Color: 100% Acrylic Satin Enamel, Size: 1 Gallon, Manufacturer: Richards, No.: Signature 400; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Gallon_ Unit Price: $ / 5 Manufacturer Item/Product No. Line: 14 Number of Units: 1 Z41-j6c) Total: $ r E-44 ��—J Description: Paint - Exterior, Color: 100% Acrylic Satin Enamel, Size: 5 Gallon Pail, Manufacturer: Richards, No.: Signature 400; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure,:: Pail Manufacturer /4 0 Item/Product No. C © 2e 6C -Z Li ne: 15 Description: Paint - Flat Exterior, Latex, Size: 1 Gallon, Manufacturer: Richards, No.: Signature 100; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: (Gallon — �� 14. Unit Price: $ Number of Units: 1 Total: $ Page 9 of 62 Manufacturer 4a Item/Product No. �—J,'a `)V — / Li ne: 16 Description: Paint - Flat Exterior, Latex, Size: 5 Gallon Pail, Manufacturer: Richards, No.: Signature 100; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Pail C)0 6 6 . Unit Price: $ Number of Units: I Total: $ Manufacturer z-tq- 0 Item/Product No. Line: 17 Description: Paint - Flat Interior, Latex, Size: 1 Gallon, Manufacturer: Richards, No.: Rich Wall 600; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Gallon Unit Price: $ Manufacturer Item/Product No. Line: 18 Number of Units: 1 L�--��C_7) Total: $ 12 Description: Paint - Flat Interior, Latex, Size: 5 Gallon Pail, Manufacturer: Richards, No.: Rich Wall 600; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Pail Page 10 of 62 Unit Price: $ _ / Manufacturer Item/Product No. Line: 19 Number of Units: 1 Z,4 1_14f:> Total: $� Description: Paint - Interior, Exterior High -Gloss Industrial Enamel. Size: 1 Gallon. Manufacturer: Richards, No.: 1200; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Gallon r � CFI Unit Price: $ Number of Units: 1 Total: $ Z-4• Manufacturer Z4 &- �- 0 Item/Product No. —!).E 33ZC ", Line: 20 Description: Paint - Interior, Exterior High -Gloss Industrial Enamel, Size: 5 Gallon Pail, Manufacturer: Richards, No.: 1200: "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Pail Unit Price: $ 7 / Number of Units: 1 Total: $_7 / Manufacturer ��`-f� Item/Product No. Z_ Line: 21 Description: Paint - Interior, Exterior 100% Acrylic Semi -Gloss Enamel, Size: 1 Gallon, Manufacturer: Harris, No.: Titanium S G TT1219; "OR APPROVED EQUAL." Category: 63000-06 Unit of Measure: Gallon Page 1 I of 62 Unit Price: $ �.: Number of Units: I Total: $ Manufacturer Item/Product No. _/__�A Ze5 P 4�,e 1"A Line: 22 Description: Paint - Interior, Exterior 100% Acrylic Semi -Gloss Enamel, Size: 1 Gallon, Manufacturer: Richards, No.: Signature 750; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Gallon Unit Price: $ Manufacturer Item/Product No. Line: 23 Number of Units: 1 -Z,4,_je p 1H ZSso - y �Aqx 1 M A Total: $ 1 •2 �PG Description: Paint - Interior, Exterior 100% Acrylic Semi -Gloss Enamel, Size: 5 Gallon Pail, Manufacturer: Harris, No.: Titanium S G TT1219; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Pail Unit Price: $_7A Number of Units: 1 Total: $_ Manufacturer�� Item/Product No. Line: 24 Description: Paint - Interior, Exterior 100% Acrylic Semi -Gloss Enamel, Size: 5 Gallon Pail, Manufacturer: Richards, No.: Signature 750; "OR APPROVED EQUAL." Category: 63000-00 Page 12 of 62 Unit of Measure: Pail Unit Price: $—? Ass- Manufacturer Item/Product No. Line: 25 Number of Units: 1 Total: $ 7 / Description: Paint - Alkyd, Color: Yellow Traffic Zone Marking, Size: 1 Gallon, Manufacturer: Coronado, No.: Traffic Yellow 71-157; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Gallon Unit Price: $ Manufacturer Item/Product No. Line: 26 Number of Units: 1 _17/ Total: $ � f - Description: Paint - Pool Paint, Masonry, Chlorinated Rubber Base, Size: 5 Gallon Pail, Manufacturer: Richards, No.: Pool Paint 2500; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Pail Unit Price: $ T- Manufacturer Item/Product No. Line: 27 Number of Units: 1 Total: $ / /N.-L-- V Description: Paint - Bright Stripe Ready -to -Use Paint, Color: White, Size: 5 Gallon Pail, Manufacturer: Devoe, No.: 1018-5; "OR APPROVED EQUAL." Page 13 of 62 Category: 63000-00 Unit of Measure: Pail Unit Price: $ Manufacturer Item/Product No. Line: 28 Number of Units: 1 /-,'4 V-J� fj -S Total: $ . 1=.:5 ZqZ16, -2- Description: Paint - Primer, Rust Inhibiting, Color: Red Oxide, Zinc Chromate, Interior, Exterior 100% Acrylic Primer, Size: 5 Gallon Pail, Manufacturer: Harris, No.: Titanium Wall Primer TT1225; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Pail Unit Price: $ f- Manufacturer Item/Product No. Line: 29 Number of Units: 1 �1% z C1C3 Total: $ -f Description: Paint - Primers, Rust Inhibiting, Red Oxide, Zinc Chromate, Interior, Exterior Latex Primer and Stain Blocker, Size: 1 Gallon, Manufacturer: Lanco, No.: Stain Killer WP039; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Gallon Unit Price: $ 18 Number of Units: 1 Total: $ I Manufacturer Item/Product No. "" PO -� Line: 30 Description: Paint - Primers, Rust Inhibiting, Red Oxide, Zinc Chromate, Interior, Exterior Latex Page 14 of 62 Primer and Stain Blocker, Size: 1 Gallon, Manufacturer: Zinsser, No.: 123 Primer; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Gallon Unit Price: $ / ` Manufacturer Item/Product No. Line: 31 Number of Units: 1 Total: $ Description: Paint - Preservative, Wood, Exterior, Clear, Mildew Resistant Coating, Size: 5 Gallon Pail, Manufacturer: Lanco, No.: Water Sealer TS200; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Pail Unit Price: $ Number of Units: 1 Total: $ Manufacturer �U Item/Product No. _7� 2z�)o Line: 32 Description: Paint - Varnish, Polyurethane, Color: Clear Gloss Coating, Size: 1 Gallon, Manufacturer: Lanco, No.: Marine -Thane MT200; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Gallon_ Unit Price: $ 8• Number of Units: 1 Total: $_ Manufacturer 4A 0 �0 Item/Product No. Line: 33 P� 357 4 k ae4t tA-e- Page 15 of 62 Description: Paint - Varnish, Polyurethane, Color: Clear Gloss Coating, Size: 1 Gallon, Manufacturer: Richards, No.: Poly Gross 60; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Gallon Unit Price: $.� Manufacturer Item/Product No. Line: 34 Number of Units: 1 It - Total: $ l/r1rZN,sv�, �; Description: Paint - Thinners, Removers, Mineral Spirits, Low Order, Crystal Clear, Non -Staining, Quick Drying, Size: 1 Gallon, Manufacturer: Klean Strip, No.: 94400 Mineral Spirits; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Gallon CL) Unit Price: $ 9 Manufacturer Item/Product No. Line: 35 Number of Units: 1 Total: $ Description: Paint - Thinners, Removers, Reducer, Paint, Size: 5 Gallon Pail, Manufacturer: Klean Strip, No.: Reducer, Thinner 94400; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Pail qr Unit Price: $. 2 1L Manufacturer Item/Product No. Number of Units: 1 r�/s «7 -z Total: $' Page 16 of 62 Line: 36 Description: Paint - Remover, Paint, Size: 1 Gallon, Manufacturer: Zip Strip, No.: Paint Remover 88001; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Gallon Unit Price: $ S ' Number of Units: 1 Total: $ Manufacturer l44"_J<' & Item/Product No. PR 11), -Ll Line: 37 Description: Paint - Thinner, Naptha, Low Order, Crystal Clear, Non -Staining, Quick Drying, Size: 1 Gallon, Manufacturer: Klean Strip, No.: NAPTHA 55; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Gallon Unit Price: $ 1- Manufacturer Item/Product No. Line: 38 Number of Units: 1 Total: $ 7 '41 (4 �)" I cc - v VM �-P 1:7447�4 Description: Paint - Tough Shield Plyurethane, Gloss Enamel, OSHA Yellow, Size: 1 Gallon, Manufacturer: Tough Shield, No.: 1231-151; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Gallon Unit Price: $_ Manufacturer Item/Product No. Number of Units: 1 Total: $ 2 3 f � Page 17 of 62 Line: 39 Description: 90-475,Direct to metal semi -gloss, Size: 1 Gallon, Manufacturer: Stein Paint; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Gallon Unit Price: $ Z5 .— Number of Units: 1 Total: $ Manufacturer _,ZA4,Kj(5C) Supplier Part Number Line: 40 Description: 90-475, Direct to metal semi -gloss, Size: 5 Gallon Pail, Manufacturer: Stein Paint; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Pail Unit Price: $ / �" Numberof Units: 1 Total: $� Manufacturer Supplier Part Number LA Line: 41 Description: 1300, Odorless Flat, Size: 1 Gallon, Manufacturer: Stein Paint; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Gallon Unit Price: $ / v Number of Units: 1 Total: $ Manufacturer Supplier Part Number �© 3-7 Page 18 of 62 Line: 42 Description: 1300, Odorless Flat, Size: 5 Gallon Pail, Manufacturer: Stein Paint; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Pail Unit Price: $ L • Number of Units: 1 Total: $ �= Manufacturer G� �27 7j %4c Supplier Part Number Line: 43 Description: 1330, Odorless Eggshell, Size: 1 Gallon, Manufacturer: Stein Paint; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Gallon Unit Price: $ 1 � Number of Units: 1 Total: $ Manufacturer 2,A 'k-j C) Supplier Part Number 4,?- l Line: 44 Description: 1330, Odorless Eggshell, Size: 5 Gallon Pail, Manufacturer: Stein Paint; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Pail e711— Unit Price: $ 2 Number of Units: 1 Total: $ Manufacturer t Page 19 of 62 Supplier Part Number 3 7 7a —21 Line: 45 Description: 1350, Odorless Semi -Gloss, Size: 1 Gallon, Manufacturer: Stein Paint; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Gallon 73 Unit Price: $ l Number of Units: 1 Total: Manufacturer ��') Supplier Part Number Goa e2Z+4 Line: 46 Description: 1350, Odorless Semi -Gloss, Size: 5 Gallon Pail, Manufacturer: Stein Paint; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Pail Unit Price: $. / _ Number of Units: 1 Total: Manufacturer I_j4 Supplier Part Number Line: 47 Description: 90-375, Direct to Metal Gloss, Size: 1 Gallon, Manufacturer: Stein Paint; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Gallon Unit Price: $ Z �_. �) Number of Units: 1 Total: $ Pacye 20 of 62 Manufacturer .L 4 ,,,A-Je & Supplier Part Number -E�E ? 300 0 MOA Dt'( 0--c- Y Line: 48 Description: 90-375, Direct to Metal Gloss, Size: 5 Gallon Pail, Manufacturer: Stein Paint; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Pail Unit Price: $ l� Number of Units: 1 Total: $ Manufacturer 4�T' � -0 Supplier Part Number -1) eT --33?-�' 2, ZW-- C&Yrs Line: 49 Description: P-180, Elastomeric Patch Exterior (Vin Lox), Size: 1 Gallon, Manufacturer: Stein Paint; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Gallon � Unit Price: $ ) 3 Number of Units: 1 Total: $ Manufacturer 44"�e--C) Supplier Part Number ,1 &L;4 ��'�� T�� Line: 50 Description: 508-09 Waterbourne Ceiling Paint, Size: 5 Gallon Pail, Manufacturer: Stein Paint; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Pail Sz SZ� Unit Price: $ Number of Units: 1 Total: Page 21 of 62 Manufacturer Z,,.Q -J�© Supplier Part Number _ C Z& Tj 14 4 k4-k Line: 51 Description: 538-1X Benjamin Moore Ultra Spec Eggshell, Size: 5 Gallon Pail, "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Pail ' 40-0 Unit Price: $ . Number of Units: 1 Manufacturer o 1,44:�e1L-v 7. �� Supplier Part Number Line: 52 Total: $_ "f .- 3 �-v - Z Description: 538-1X Benjamin Moore Ultra Spec Eggshell Crema White, Size: 5 Gallon Pail, "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Pail GR� Unit Price: $ � r Number of Units: 1 Total: Manufacturer��- Supplier Part Number Line: 53 Description: 534-00 Benjamin Moore Ultra Spec Primer White, Size: 5 Gallon Pail, "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Pail Page 22 of 62 Unit Price: $� Number of Units: 1 Total: $ Manufacturer ZTA-I-A0 Supplier Part Number- �Wlf —3 71,7'� f � k2 Line: 54 Description: Lacquer Thinner, Size: 1 Gallon, "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Gallon Cd Unit Price: $ q Manufacturer Number of Units: 1 C' 00 Total: $_I Supplier Part Number -�� AJ Page 23 of 62 City of Miami Invitation for Bid (IFB) IFBNumber: 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: Procurement Department Miami Riverside Center 444 SW 2nd Avenue, 61h Floor Miami, Florida 33130 Web Site Address: www.miamigov.com/procurement 1141381 Invitation for Bid for the Provision of Paint 23-DEC-2019 27-JAN-2020 @ 14:00:00 None 10-JAN-2020 @ 17:00:00 Hansen, Anthony City of Miami - City Clerk 3500 Pan American Drive Miami FL 33133 US amhansen@miamigov.com (305)400-5237 Page 1 of 62 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: FAX: CELL(Optional): DATE: FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISQUALIFY THIS RESPONSE. Page 2 of 62 Certifications Legal Name of Firm: Federal Employer Identification Number (FEIN): 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: Business Tax Receipt/Occupational License Expiration Date: Will Subcontractor(s) be used? (Yes or No) If subcontractor(s) will be utilized, provide their name, address and 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, 1/7/19). 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) 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: Page 3 of 62 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: 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 Page 4 of 62 Line: 1 Description: Primer Paint, Aerosol Spray, Lead Free, Fast Drying for Metal, Size: 12 oz. Can, Manufacturer: Symour, No.: Allpro 11054; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Can Unit Price: $ Number of Units: 1 Total: $ Manufacturer Item/Product No. Line: 2 Description: Primer Paint, Zinc Chromate, Size: 1 Gallon, Manufacturer: Richards, No.: 1017; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Gallon Unit Price: $ Number of Units: 1 Total: $ Manufacturer Item/Product No. Line: 3 Description: Primer Paint, Zinc Chromate, Size: 5 Gallon Pail, Manufacturer: Richards, No.: 1017; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Pail Unit Price: $ Manufacturer Item/Product No. Number of Units: 1 Total: $ Page 5 of 62 Line: 4 Description: Sealer Paint for Masonry Application, Color: Clear White, Size: 1 Gallon, Manufacturer: Richards, No.: SR1791; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Gallon Unit Price: $ Number of Units: 1 Total: $ Manufacturer Item/Product No. Line: 5 Description: Sealer Paint for Masonry Application, Color: Clear White, Size: 5 Gallon Pail, Manufacturer: Richards, No.: SR1791; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Pail Unit Price: $ Number of Units: 1 Total: $ Manufacturer Item/Product No. Line: 6 Description: Aerosol Spray Paint, Marking Chalk, Lead Free, Fast Drying for Temporary Marking, Size: 13.5 oz. Can, Manufacturer: Seymour, No.: Inverted 16; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Can Unit Price: $ Manufacturer Item/Product No. Number of Units: 1 Total: $ Page 6 of 62 Line: 7 Description: Aerosol Spray Paint, Lead Free, Fast Drying for Wood, Metal, Color: Gloss, Size: 12 oz. Can, Manufacturer: Seymour, No.: Allpro 11062; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Can Unit Price: $ Number of Units: 1 Total: $ Manufacturer Item/Product No. Line: 8 Description: Paint - Enamel, Color: Interior Alkyd Semi -Gloss, Size: 1 Gallon, Manufacturer: Lanco, No.: Super Enamel S G SE457; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Gallon Unit Price: $ Number of Units: 1 Total: $ Manufacturer Item/Product No. Line: 9 Description: Paint - Enamel, Color: Interior Alkyd Semi -Gloss, Size: 1 Gallon, Manufacturer: Richards, No.: Interior Alkyd S G 700; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Gallon Unit Price: $ Number of Units: 1 Total: $ Manufacturer Page 7 of 62 Item/Product No. Line: 10 Description: Paint - Enamel, Color: Interior Satin 100% Acrylic, Size: 1 Gallon, Manufacturer: Coronado, No.: Interior Satin Acrylic 60; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Gallon Unit Price: $ Number of Units: 1 Total: $ Manufacturer Item/Product No. Line: 11 Description: Paint - Enamel, Color: Interior Satin 100% Acrylic, Size: 5 Gallon Pail, Manufacturer: Coronado, No.: Interior Satin Acrylic 60; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Pail Unit Price: $ Number of Units: 1 Total: $ Manufacturer Item/Product No. Line: 12 Description: Paint - Enamel, Color: Premium Interior, Exterior Alkyd Gloss, Size: 1 Gallon, Manufacturer: Richards, No.: Gloss Enamel 1500; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Gallon Unit Price: $ Number of Units: 1 Total: $ Page 8 of 62 Manufacturer Item/Product No. Line: 13 Description: Paint - Exterior, Color: 100% Acrylic Satin Enamel, Size: 1 Gallon, Manufacturer: Richards, No.: Signature 400; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Gallon Unit Price: $ Number of Units: 1 Total: $ Manufacturer Item/Product No. Line: 14 Description: Paint - Exterior, Color: 100% Acrylic Satin Enamel, Size: 5 Gallon Pail, Manufacturer: Richards, No.: Signature 400; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Pail Unit Price: $ Manufacturer Item/Product No. Line: 15 Number of Units: 1 Total: $ Description: Paint - Flat Exterior, Latex, Size: 1 Gallon, Manufacturer: Richards, No.: Signature 100; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Gallon Unit Price: $ Number of Units: 1 Total: $ Page 9 of 62 Manufacturer Item/Product No. Line: 16 Description: Paint - Flat Exterior, Latex, Size: 5 Gallon Pail, Manufacturer: Richards, No.: Signature 100; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Pail Unit Price: $ Number of Units: 1 Total: $ Manufacturer Item/Product No. Line: 17 Description: Paint - Flat Interior, Latex, Size: 1 Gallon, Manufacturer: Richards, No.: Rich Wall 600; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Gallon Unit Price: $ Number of Units: 1 Total: $ Manufacturer Item/Product No. Line: 18 Description: Paint - Flat Interior, Latex, Size: 5 Gallon Pail, Manufacturer: Richards, No.: Rich Wall 600; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Pail Page 10 of 62 Unit Price: $ Manufacturer Item/Product No. Line: 19 Number of Units: 1 Total: $ Description: Paint - Interior, Exterior High -Gloss Industrial Enamel. Size: 1 Gallon. Manufacturer: Richards, No.: 1200; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Gallon Unit Price: $ Number of Units: 1 Total: $ Manufacturer Item/Product No. Line: 20 Description: Paint - Interior, Exterior High -Gloss Industrial Enamel, Size: 5 Gallon Pail, Manufacturer: Richards, No.: 1200: "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Pail Unit Price: $ Number of Units: 1 Total: $ Manufacturer Item/Product No. Line: 21 Description: Paint - Interior, Exterior 100% Acrylic Semi -Gloss Enamel, Size: 1 Gallon, Manufacturer: Harris, No.: Titanium S G TT1219; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Gallon Page 11 of 62 Unit Price: $ Number of Units: 1 Total: $ Manufacturer Item/Product No. Line: 22 Description: Paint - Interior, Exterior 100% Acrylic Semi -Gloss Enamel, Size: 1 Gallon, Manufacturer: Richards, No.: Signature 750; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Gallon Unit Price: $ Number of Units: 1 Total: $ Manufacturer Item/Product No. Line: 23 Description: Paint - Interior, Exterior 100% Acrylic Semi -Gloss Enamel, Size: 5 Gallon Pail, Manufacturer: Harris, No.: Titanium S G TT1219; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Pail Unit Price: $ Manufacturer Item/Product No. Line: 24 Number of Units: 1 Total: $ Description: Paint - Interior, Exterior 100% Acrylic Semi -Gloss Enamel, Size: 5 Gallon Pail, Manufacturer: Richards, No.: Signature 750; "OR APPROVED EQUAL." Category: 63000-00 Page 12 of 62 Unit of Measure: Pail Unit Price: $ Manufacturer Item/Product No. Line: 25 Number of Units: 1 Total: $ Description: Paint - Alkyd, Color: Yellow Traffic Zone Marking, Size: 1 Gallon, Manufacturer: Coronado, No.: Traffic Yellow 71-157; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Gallon Unit Price: $ Number of Units: 1 Total: $ Manufacturer Item/Product No. Line: 26 Description: Paint - Pool Paint, Masonry, Chlorinated Rubber Base, Size: 5 Gallon Pail, Manufacturer: Richards, No.: Pool Paint 2500; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Pail Unit Price: $ Number of Units: 1 Total: $ Manufacturer Item/Product No. Line: 27 Description: Paint - Bright Stripe Ready -to -Use Paint, Color: White, Size: 5 Gallon Pail, Manufacturer: Devoe, No.: 1018-5; "OR APPROVED EQUAL." Page 13 of 62 Category: 63000-00 Unit of Measure: Pail Unit Price: $ Manufacturer Item/Product No. Line: 28 Number of Units: 1 Total: $ Description: Paint - Primer, Rust Inhibiting, Color: Red Oxide, Zinc Chromate, Interior, Exterior 100% Acrylic Primer, Size: 5 Gallon Pail, Manufacturer: Harris, No.: Titanium Wall Primer TT1225; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Pail Unit Price: $ Number of Units: 1 Total: $ Manufacturer Item/Product No. Line: 29 Description: Paint - Primers, Rust Inhibiting, Red Oxide, Zinc Chromate, Interior, Exterior Latex Primer and Stain Blocker, Size: 1 Gallon, Manufacturer: Lanco, No.: Stain Killer WP039; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Gallon Unit Price: $ Number of Units: 1 Total: $ Manufacturer Item/Product No. Line: 30 Description: Paint - Primers, Rust Inhibiting, Red Oxide, Zinc Chromate, Interior, Exterior Latex Page 14 of 62 Primer and Stain Blocker, Size: 1 Gallon, Manufacturer: Zinsser, No.: 123 Primer; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Gallon Unit Price: $ Number of Units: 1 Total: $ Manufacturer Item/Product No. Line: 31 Description: Paint - Preservative, Wood, Exterior, Clear, Mildew Resistant Coating, Size: 5 Gallon Pail, Manufacturer: Lanco, No.: Water Sealer TS200; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Pail Unit Price: $ Manufacturer Item/Product No. Line: 32 Number of Units: 1 Total: $ Description: Paint - Varnish, Polyurethane, Color: Clear Gloss Coating, Size: 1 Gallon, Manufacturer: Lanco, No.: Marine -Thane MT200; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Gallon Unit Price: $ Number of Units: 1 Total: $ Manufacturer Item/Product No. Line: 33 Page 15 of 62 Description: Paint - Varnish, Polyurethane, Color: Clear Gloss Coating, Size: 1 Gallon, Manufacturer: Richards, No.: Poly Gross 60; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Gallon Unit Price: $ Number of Units: 1 Total: $ Manufacturer Item/Product No. Line: 34 Description: Paint - Thinners, Removers, Mineral Spirits, Low Order, Crystal Clear, Non -Staining, Quick Drying, Size: 1 Gallon, Manufacturer: Klean Strip, No.: 94400 Mineral Spirits; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Gallon Unit Price: $ Number of Units: 1 Total: $ Manufacturer Item/Product No. Line: 35 Description: Paint - Thinners, Removers, Reducer, Paint, Size: 5 Gallon Pail, Manufacturer: Klean Strip, No.: Reducer, Thinner 94400; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Pail Unit Price: $ Number of Units: 1 Total: $ Manufacturer Item/Product No. Page 16 of 62 Line: 36 Description: Paint - Remover, Paint, Size: 1 Gallon, Manufacturer: Zip Strip, No.: Paint Remover 88001; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Gallon Unit Price: $ Number of Units: 1 Total: $ Manufacturer Item/Product No. Line: 37 Description: Paint - Thinner, Naptha, Low Order, Crystal Clear, Non -Staining, Quick Drying, Size: 1 Gallon, Manufacturer: Klean Strip, No.: NAPTHA 55; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Gallon Unit Price: $ Number of Units: 1 Total: $ Manufacturer Item/Product No. Line: 38 Description: Paint - Tough Shield Plyurethane, Gloss Enamel, OSHA Yellow, Size: 1 Gallon, Manufacturer: Tough Shield, No.: 1231-151; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Gallon Unit Price: $ Number of Units: 1 Total: $ Manufacturer Item/Product No. Page 17 of 62 Line: 39 Description: 90-475, Direct to metal semi -gloss, Size: 1 Gallon, Manufacturer: Stein Paint; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Gallon Unit Price: $ Number of Units: 1 Total: $ Manufacturer Supplier Part Number Line: 40 Description: 90-475, Direct to metal semi -gloss, Size: 5 Gallon Pail, Manufacturer: Stein Paint; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Pail Unit Price: $ Manufacturer Supplier Part Number Line: 41 Number of Units: 1 Total: $ Description: 1300, Odorless Flat, Size: 1 Gallon, Manufacturer: Stein Paint; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Gallon Unit Price: $ Number of Units: 1 Total: $ Manufacturer Supplier Part Number Page 18 of 62 Line: 42 Description: 1300, Odorless Flat, Size: 5 Gallon Pail, Manufacturer: Stein Paint; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Pail Unit Price: $ Number of Units: 1 Total: $ Manufacturer Supplier Part Number Line: 43 Description: 1330, Odorless Eggshell, Size: 1 Gallon, Manufacturer: Stein Paint; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Gallon Unit Price: $ Number of Units: 1 Total: $ Manufacturer Supplier Part Number Line: 44 Description: 1330, Odorless Eggshell, Size: 5 Gallon Pail, Manufacturer: Stein Paint; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Pail Unit Price: $ Number of Units: 1 Total: $ Manufacturer Page 19 of 62 Supplier Part Number Line: 45 Description: 1350, Odorless Semi -Gloss, Size: 1 Gallon, Manufacturer: Stein Paint; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Gallon Unit Price: $ Number of Units: 1 Total: $ Manufacturer Supplier Part Number Line: 46 Description: 1350, Odorless Semi -Gloss, Size: 5 Gallon Pail, Manufacturer: Stein Paint; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Pail Unit Price: $ Number of Units: 1 Total: $ Manufacturer Supplier Part Number Line: 47 Description: 90-375, Direct to Metal Gloss, Size: 1 Gallon, Manufacturer: Stein Paint; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Gallon Unit Price: $ Number of Units: 1 Total: $ Page 20 of 62 Manufacturer Supplier Part Number Line: 48 Description: 90-375, Direct to Metal Gloss, Size: 5 Gallon Pail, Manufacturer: Stein Paint; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Pail Unit Price: $ Manufacturer Supplier Part Number Line: 49 Number of Units: 1 Total: $ Description: P-180, Elastomeric Patch Exterior (Vin Lox), Size: 1 Gallon, Manufacturer: Stein Paint; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Gallon Unit Price: $ Number of Units: 1 Total: $ Manufacturer Supplier Part Number Line: 50 Description: 508-09 Waterbourne Ceiling Paint, Size: 5 Gallon Pail, Manufacturer: Stein Paint; "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Pail Unit Price: $ Number of Units: 1 Total: $ Page 21 of 62 Manufacturer Supplier Part Number Line: 51 Description: 538-1X Benjamin Moore Ultra Spec Eggshell, Size: 5 Gallon Pail, "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Pail Unit Price: $ Number of Units: 1 Total: $ Manufacturer Supplier Part Number Line: 52 Description: 538-1X Benjamin Moore Ultra Spec Eggshell Crema White, Size: 5 Gallon Pail, "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Pail Unit Price: $ Number of Units: 1 Total: $ Manufacturer Supplier Part Number Line: 53 Description: 534-00 Benjamin Moore Ultra Spec Primer White, Size: 5 Gallon Pail, "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Pail Page 22 of 62 Unit Price: $ Number of Units: 1 Total: $ Manufacturer Supplier Part Number Line: 54 Description: Lacquer Thinner, Size: 1 Gallon, "OR APPROVED EQUAL." Category: 63000-00 Unit of Measure: Gallon Unit Price: $ Number of Units: 1 Total: $ Manufacturer Supplier Part Number Page 23 of 62 Invitation for Bid (IFB) 1141381 Table of Contents Termsand Conditions...................................................................................................................................................25 1. General Conditions..........................................................................................................................................25 1.1. 1. General Terms and Conditions for Invitation for Bids (IFB)...........................................................25 2. Special Conditions...........................................................................................................................................53 2.1. PURPOSE.............................................................................................................................................53 2.2. PRE-BID/PRE-PROPOSAL CONFERENCE......................................................................................53 2.3. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION..........................................................................................................53 2.4. METHOD OF AWARD.......................................................................................................................53 2.5. TERM OF CONTRACT.......................................................................................................................53 2.6. CONDITIONS FOR RENEWAL.........................................................................................................53 2.7. NON -APPROPRIATION OF FUNDS.................................................................................................54 2.8. BIDDERS MINIMUM QUALIFICATIONS.......................................................................................54 2.9. REFERENCES......................................................................................................................................54 2.10. INSURANCE REQUIREMENTS......................................................................................................54 2.11. NOTICE REGARDING CURES........................................................................................................56 2.12. TIE BIDS............................................................................................................................................56 2.13. PROJECT MANAGER(S)..................................................................................................................57 2.14. EQUAL PRODUCT............................................................................................................................57 2.15. PRODUCT SUBSTITUTES...............................................................................................................57 2.16. SAMPLES...........................................................................................................................................57 2.17. MATERIALS SHALL BE NEW AND WARRANTED AGAINST DEFECTS...............................57 2.18. SHELF LIFE OF STOCK...................................................................................................................58 2.19. WARRANTY......................................................................................................................................58 2.20. TOXIC SUBSTANCES......................................................................................................................58 2.21. PRODUCT/CATALOG INFORMATION.........................................................................................59 2.22. STOCK LEVELS SHALL BE MAINTAINED BY BIDDER...........................................................59 2.23. PACKING SLIP/DELIVERY TICKET TO ACCOMPANY ITEMS DURING DELIVERY ..........59 2.24. METHOD OF PAYMENT.................................................................................................................59 2.25. ADDITIONS/DELETIONS OF FACIITIES/ITEMS/PRODUCTS...................................................59 2.26. PRIMARY CLIENT (FIRST PRIORITY)..........................................................................................60 2.27. DELIVERY.........................................................................................................................................60 2.28. BACK ORDERS SHALL NOT BE ALLOWED...............................................................................60 2.29. ESCALATION CLAUSE...................................................................................................................60 2.30. ADDITIONAL TERMS AND CONDITIONS...................................................................................60 2.31. TERMINATION.................................................................................................................................61 3. Specifications...................................................................................................................................................62 3.1. SPECIFICATIONS/SCOPE OF WORK..............................................................................................62 Page 24 of 62 Terms and Conditions 1. General Conditions Invitation for Bid (IFB) 1141381 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 Page 25 of 62 Invitation for Bid (IFB) 1141381 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. ATTORNEY'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 Page 26 of 62 Invitation for Bid (IFB) 1141381 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 Page 27 of 62 Invitation for Bid (IFB) 1141381 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. Page 28 of 62 Invitation for Bid (IFB) 1141381 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. Page 29 of 62 Invitation for Bid (IFB) 1141381 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 communications 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. Page 30 of 62 Invitation for Bid (IFB) 1141381 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 Page 31 of 62 Invitation for Bid (IFB) 1141381 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 parry's right to seek judicial relief. 1.26. DEBARRED/SUSPENDED VENDORS - An entity or affiliate who has been placed on the State of Florida Page 32 of 62 Invitation for Bid (IFB) 1141381 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 Bidder/Contractor 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 Page 33 of 62 Invitation for Bid (IFB) 1141381 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 performance 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 Page 34 of 62 Invitation for Bid (IFB) 1141381 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 Successful 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 Page 35 of 62 Invitation for Bid (IFB) 1141381 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 quoted/proposed by the Bidder must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in the bid price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection of Bid. 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 MINIMUM 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 1 st. 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 $15.00 per hour without health benefits; or a wage of no less than $13.19 an hour, with health benefits. Page 36 of 62 Invitation for Bid (IFB) 1141381 This language is only a summary of the key provisions of the City of Miami Living Wage Ordinance. Please review Attachment 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. Page 37 of 62 Invitation for Bid (IFB) 1141381 1.42 INDEMNIFICATION -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 ($10) 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. Page 38 of 62 Invitation for Bid (IFB) 1141381 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 Page 39 of 62 Invitation for Bid (IFB) 1141381 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. NONCONFORMANCE 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 Page 40 of 62 Invitation for Bid (IFB) 1141381 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 WITH IRREGULARITIES. DEFICIENCIES. AND/OR TECHNICALITIES THAT DEVIATE 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 LICENSEBUSINESS 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. Page 41 of 62 Invitation for Bid (IFB) 1141381 1.59. OWNERSHIP 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 rej ected. 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. Page 42 of 62 Invitation for Bid (IFB) 1141381 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 SUBMITTING IN HARDCOPY FORMAT, THE ORIGINAL BID FORMS, UNLESS OTHERWISE SPECIFIED, AND ANY REQUIRED ATTACHMENTS, MUST BE RETURNED TO THE CITY, TO THE LOCATION SPECIFIED IN 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. Page 43 of 62 Invitation for Bid (IFB) 1141381 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 construction 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 119.0701, 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. Page 44 of 62 Invitation for Bid (IFB) 1141381 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 PUBLICRECORDS@MIAMIGOV.COM, OR REGULAR MAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 SW 2ND AVENUE, 9TH FL. MIAMI, 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 $25,000, 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 parry, along with a notice of such parry'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): Page 45 of 62 Invitation for Bid (IFB) 1141381 (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 $25,000.00. 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. Page 46 of 62 Invitation for Bid (IFB) 1141381 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. (b)Authority to resolve protests; hearing officer(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 Page 47 of 62 Invitation for Bid (IFB) 1141381 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 parry, 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. Page 48 of 62 Invitation for Bid (IFB) 1141381 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. (c)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 ofprocurements 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. SAMPLES - 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. Page 49 of 62 Invitation for Bid (IFB) 1141381 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 maybe 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 US1. US SOUTH TO 27TH AVE., TURN LEFT, PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT. FROM THE SOUTH: US1 NORTH TO 27TH AVENUE, TURN RIGHT, PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT. Page 50 of 62 Invitation for Bid (IFB) 1141381 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. TERMINATION - 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. Page 51 of 62 Invitation for Bid (IFB) 1141381 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 WORK 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 NAME - 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. Page 52 of 62 Invitation for Bid (IFB) 1141381 2. Special Conditions 2.1. PURPOSE The purpose of this Solicitation is to establish a contract, for the purchase paint, as specified herein, from a source(s), fully compliant with the terms, conditions and stipulations of the Solicitation. 2.2. PRE-BID/PRE-PROPOSAL CONFERENCE None 2.3. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION Any questions or clarifications concerning this solicitation shall be submitted by email or facsimile to the Procurement Department, Attn: Anthony Hansen; fax: (305) 400-5237 or email: amhansen@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 10-JAN-2020 @ 17:00:00. 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. 2.4. METHOD OF AWARD Award of this contract will be made to the two (2) lowest responsive and responsible bidders who bid on all items and whose bid offers the lowest price when all items are added in the aggregate, conforming to the specifications. The City shall select two (2) vendors, with the lowest deemed the "Primary Vendor" and the next lowest the "Secondary Vendor," in the order of lowest prices provided to the City. Should the "Primary Vendor" not be able to provide the item at the time needed, the City has the option to select the next lowest "Secondary Vendor" to fulfill the order. 2.5. TERM OF CONTRACT The Contract shall commence upon the date of notice of award and shall be effective for three (3) years with the option to renew for two (2) additional one (1) year periods, subject to the availability of funds for succeeding fiscal years. Continuation of the contract beyond the initial period is a City prerogative; not a right of the Bidder. This prerogative will be exercised only when such continuation is clearly in the best interest of the City. 2.6. 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, and (2) Availability of funds. Page 53 of 62 Invitation for Bid (IFB) 1141381 2.7. NON -APPROPRIATION OF FUNDS In the event no funds 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) 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). 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 as described in this Bid; that has the same FEIN for three (3) consecutive years; and 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 within the last three (3) years. (3) Is the manufacturer or authorized dealer by the respective manufacturers to sell paint and paint supplies. The term "equipment and organization" as used herein shall be construed to mean a fully equipped and well established industry as determined by the proper authorities of the City of Miami, Florida. 2.9. 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. 2.10. INSURANCE REQUIREMENTS INDEMNIFICATION Successful Bidder 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 and persons employed or utilized by Successful Bidder in the performance of this Contract. Successful Bidder 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 shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The Successful Bidder expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the Successful Bidder shall in no way limit the responsibility to indemnify, keep Page 54 of 62 Invitation for Bid (IFB) 1141381 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 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, or persons employed or utilized by Successful Bidder. 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 shall require all sub -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 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 in which the City participated either through review or concurrence of the Successful Bidder's actions. In reviewing, approving or rejecting any submissions by the Successful Bidder or other acts of the Successful Bidder, the City, in no way, assumes or shares any responsibility or liability of the Successful Bidder or sub -contractor under this Contract. Ten dollars ($10) 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. Please see Attachment A -Insurance Addendum, located in the Header/Notes and Attachment section of this solicitation, for insurance defmitions, requirements, and conditions. The Successful Bidder 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: (1) Worker's Compensation A. Limits of Liability - Statutory - State of Florida (2) Commercial General Liability (Primary and Non -Contributory): A. Limits of Liability Bodily Injury and Property Damage Liability - Each Occurrence: $1,000,000 General Aggregate Limit: $2,000,000 Personal and Adv. Injury. Products and Completed Operations and Fire Damage: $1,000,000. B. Endorsements Required: City of Miami included as an Additional insured. Employees included as insured. Contractual Liability. (3) Business Automobile Liability A. Limits of Liability Bodily injury and property damage liability combined single limits. Any Auto, including hired, borrowed or owned, or non -owned autos used in connection with the work: $1,000,000 B. Endorsements Required: City of Miami included as an Additional Insured 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. Page 55 of 62 Invitation for Bid (IFB) 1141381 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 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 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 Bidder in conjunction with the General and Special Terms and Conditions of the Bid. The 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 Bidder. 2.11. NOTICE REGARDING CURES Please refer to Section 1.56, Notice Regarding "Cures" of the General Terms and Conditions of this Solicitation. 2.12. TIE BIDS Whenever two (2) or more bids which are equal with respect to price, quality and service are received by the City for 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 Page 56 of 62 Invitation for Bid (IFB) 1141381 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. PROJECT MANAGER(S) Upon award, Successful Bidder shall report and work directly with GSA Building Manager Juan Oves, GSA Property Maintenance Superintendent Nelso Garcia, or designee, who shall be designated as the Project Manager(s) for the City. 2.14. EQUAL PRODUCT Manufacturer's name, brand name and model/style number when used in these specifications are for the sole purpose of establishing minimum requirements of levels of quality, standards of performance and design required and is in no way intended to prohibit the bidding of other manufacturer's brands of equal material, unless otherwise indicated. Equal (substitution) may be bid, provided product so bid is found to be equal in quality, standards of performance, design, etc. to item specified, unless otherwise indicated. Where equal is proposed, bid must be accompanied by complete factory information sheets (specifications, brochures, etc.) and test results of unit bid as equal. Failure to do so at time of bid may deem your bid non -responsive. 2.15. PRODUCT SUBSTITUTES In the event a particular approved and awarded manufacturer's product becomes unavailable during the term of the Contract, the Successful Bidder(s) awarded that item may arrange with the City Project Manager or designee, to supply a substitute product at the bid price or lower, provided that a sample is approved beforehand and that the new product meets or exceed all quality requirements. Successful Bidder(s) shall replace items purchased by the City which are of unacceptable quality or which are determined by the using department unserviceable for any reasons. Items covered by express warranty shall be governed by terms and conditions therein. 2.16. SAMPLES While the attached specifications have, admittedly, been written around the specific manufacturer's products, competition is both solicited and encouraged. However, in order that a fair and equitable determination can be made on equality, City may request samples of product(s) Bidders propose to furnish. 2.17. MATERIALS SHALL BE NEW AND WARRANTED AGAINST DEFECTS Page 57 of 62 Invitation for Bid (IFB) 1141381 The Successful Bidder(s) hereby acknowledges and agrees that all materials/products, except where recycled content is specifically requested, supplied by the Successful Bidder(s) 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 Successful Bidder(s) 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 Successful Bidder(s) to replace the materials/products at the Successful Bidder(s) expense. 2.18. SHELF LIFE OF STOCK The Successful Bidder(s) shall supply the City with fresh stock only and shall insure that items with a limited shelf life are inspected and certified fresh by the Successful Bidder(s) prior to shipment to the City. 2.19. WARRANTY The Successful Bidder will be required to provide a standard warranty for all products provided herein. A copy of the Standard Warranty shall be included with the bid. A copy of the manufacturer's standard warranty must be submitted with bids. Failure to comply with this provision may disqualify bids. The vendor 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 then fit that particular purpose. The vendor and the City agrees that orders under this contract does not exclude, or in any way limit, other warranties, provided in this agreement or by law. 2.20. TOXIC SUBSTANCES The Federal "Right to Know" Regulation implemented by the Occupational Safety and Health Administration ("OSHA") and the Florida "Right -to -Know" Law requires employers to inform their employees of any toxic substances to which they may be exposed in the workplace, and to provide training in safe handling practices and emergency procedures. It also requires notification to local fire departments of the location and characteristics of all toxic substances regularly present in the workplace. Accordingly, the bidder(s) shall be required to supply this information to the City in order for the City to be in compliance with Federal and State regulations. All bids must be accompanied by the required Material Safety Data Sheets (Chapter 442, Florida Statutes); provided, however, that the low bidder(s) may be given the opportunity to submit these Material Safety Data Sheets to the City during the bid evaluation period in the best interest of the City. Contact the Florida Department of Labor and Employment Security at the address listed below for any related information packets: Florida Poison Information Center Jacksonville Memorial Hospital University of Miami Miller School of Medicine Highland Professional Building, 1st Floor 1801 NW 9th Avenue, 1 st Floor Miami, Florida 33136 For Poisoning Emergencies Call 1-800-222-1222 V/TTY Administrative Offices: 305-585-5250 Page 58 of 62 Invitation for Bid (IFB) 1141381 Educational Programs: 305-355-4995 Fax: 305-545-9762 2.21. PRODUCT/CATALOG INFORMATION All bidders must submit product information on the items they propose to furnish on this bid. Any bid received not containing this information may 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 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. All bids that include substances found on the current Florida Toxic Substance List must be submitted with a Material Data Sheet, in accordance with Florida Statutes — Chapter 442.106. 2.22. STOCK LEVELS SHALL BE MAINTAINED BY BIDDER The Successful Bidder(s) shall ensure that adequate stock levels are maintained at its place of business in order to assure the City of prompt delivery. If the delivery terms specified in the solicitation are not fulfilled by the lowest bidder for that particular item, the City reserves the right to cancel the order, and purchase the supply from the next lowest bidder. 2.23. PACKING SLIP/DELIVERY TICKET TO ACCOMPANY ITEMS 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. 2.24. 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. 2.25. ADDITIONS/DELETIONS OF FACIITIESATEMS/PRODUCTS Although this Solicitation identifies specific facilities/items/products to be serviced, it is hereby agreed and understood that any facility/item/products may be added/deleted to/from this contract at the option 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 services/items/products. If these quotes are comparable with market prices offered for similar services/items/products, they shall be added to the contract whichever is in the best interest of the City and an addendum and a separate purchase order shall be issued by the City. Page 59 of 62 Invitation for Bid (IFB) 1141381 2.26. PRIMARY CLIENT (FIRST PRIORITY) The Successful Bidder(s) agree upon award of this contract that the City 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. 2.27. DELIVERY The Successful Bidder(s) shall make deliveries within forty-eight (48) hours after receipt of the Purchase Order. All deliveries shall be made in accordance with good commercial practice and shall be adhered to by the Successful Bidder(s). The Successful Bidder(s) shall notify the City of the delays in advance of the delivery date so that a revised delivery schedule can be provided. The Successful Bidder(s) shall only be authorized to deliver items Monday thru Friday between the hours of 8:00 a.m. and 4:00 p.m. 2.28. BACK ORDERS SHALL NOT BE ALLOWED The City shall not accept any back orders of deliveries from the Successful Bidder(s). Accordingly, the Successful Bidder(s) are required to deliver all items to the City within the time specified in each Purchase Order; and no grace period shall be honored. In the event that the Successful Bidder(s) fail to deliver the goods within the time specified, the City reserves the right to cancel the order, and seek the items from the next lowest bidder. 2.29. ESCALATION CLAUSE The City acknowledges the fluctuating nature of prices for items specified. Accordingly an escalator/de-escalator clause will be accepted only under the following conditions: (1) Price increase(s) and price decrease(s) comparable to documented manufacturer's price changes. The maximum percentage increase over first year term prices shall not to exceed two percent (2.0%) within a twelve (12) month period. Escalated prices in the succeeding contract year(s) of the Contract, if any, shall remain firm during the applicable contract year. (2) Receipt of proper notification to the Procurement Department, in writing, of all items affected by price increases/decreases. (3) Where all prices shall have remained firm for a minimum of three hundred sixty-five (365) days after effective date of contract. (4) All prices increase(s) and decrease(s) to be approved by the Procurement Director. The City may, after review, refuse to accept the adjusted costs if they are not properly documented, increases are considered to be excessive, or decreases are considered to be insufficient. In the event the City does not wish to accept the adjusted costs, and the matter cannot be resolved to the satisfaction of the City, the City reserves the right to cancel the contract upon giving thirty (30) calendar days notice to the Successful Bidder. 2.30. ADDITIONAL TERMS AND CONDITIONS Page 60 of 62 Invitation for Bid (IFB) 1141381 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. 2.31. TERMINATION A. FOR DEFAULT If Successful Bidder(s) defaults in its performance under this Contract and does not cure the default within thirty (30) calendar 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. 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, (1) it is determined for any reason that the Successful Bidder(s) was not in default or (2) the Successful Bidder(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. B. FOR CONVENIENCE The City Manager may terminate this Contract, in whole or in part, upon thirty (30) calendar days prior written notice when it is in the best interest of the City. If this Contract is for supplies, products, equipment, or software, and so terminated for the convenience by the City, 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 shall be liable only for payment in accordance with the payment provisions of the Contract for those services rendered prior to termination. Page 61 of 62 Invitation for Bid (IFB) 1141381 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK The City is seeking to establish a contract for the purchase of paint for various City Departments on an as needed when needed basis. A. QUALITY: The paint, as received by the department, shall: • Be well mixed and ground (homogenized); • Possess working properties that show easy brushing, spreading, and leveling; • Dry to a uniform, smooth appearance without streaking, running, or sagging; • Be free from blisters and other irregularities when applied properly in accordance with manufacturer guidelines; and • Dry to touch and dry to recoat in accordance with time specifications outlined by manufacturer. The paint, as received by the department, shall not: • Be crusted, curdled, thickened, skinned, nor badly settled in container to such a degree that it cannot be re -dispersed easily and stirred to a good brushing consistency; • Thicken, cake, curdle, or skin when full unopened containers are stored in accordance with manufacturer guidelines; and • Show evidence of putrefaction, hard settled pigment or corrosion of the container. B. MANUFACTURERS: Please refer to the line descriptions for further specifications. 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