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Home My WebLink AboutBack-Up DocumentsDocuSign Envelope ID: 3317A9FB-CF59-4EAD-89A9-75AAF57EF3AF CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Arthur Noriega V DATE: October 5, 2021 City Manager SUBJECT: Recommendation of Award to Furnish and Install Artificial Turf- Citywide FROM: Annie Perez, CPPO REFERENCES: Invitation for Bid ("IFB") No. 1315386 Director/Chief Procuremen Officer Department of Procurement RECOMMENDATION: Based on the findings below, the Department of Procurement ("Procurement") hereby recommends award of IFB No. 1315386, to Top Turf Miami Inc. ("Top Turf'), the lowest responsive and responsible Bidder, to furnish and install artificial turf, on an as needed basis, Citywide. The recommended vendor, and contract terms and amount are shown below. IFB No./Title: IFB No. 1315386, Furnish and Installation of Artificial Turf - Citywide. Contract Amount: $250,000.00 annually (approximately $1,250,000.00 for all five (5) years in the aggregate). Contract Term: Initial term for a period of three (3) years with the option to renew for one (1) additional two (2) year period. Recommended Vendor: Top Turf Miami Inc BACKGROUND: On July 21, 2021, Procurement issued IFB No. 1315386, Furnish and Installation of Artificial Turf - Citywide, under full and open competition. As required by the Procurement Code, the IFB was advertised and issued online. On August 23, 2021, at bid closing, four (4) bids were received. The bids were evaluated and tabulated following the guidelines published in the IFB, two (2) bids were deemed non- responsive. The bid received from ForeverLawn Palm Beach, was deemed non -responsive as the company failed to submit the certification statement, bid submittal form, manufacturer's authorization letter and the synthetic turf installer certificate as required in the solicitation. The bid received from Synthetic Lawns of Miami was deemed non -responsive as the company failed to submit the manufacturer's authorization letter as required in the solicitation. Procurement is recommending award to Top Turf the lowest responsive and responsible Bidder, per bid specifications. Consequently, approval of this recommendation to award is requested. Your signature below will indicate approval of this recommendation under your delegated authority. Dpeu5ig�etl dy: '"} Date: October 6, 2021 14:13:52 EDT Approved: Arthur Noriega V, City Manager c: Fernando Casamayor, Assistant City Manager, Chief Financial Officer Natasha Colebrook -Williams, Assistant City Manager Chief of Operations Barbara Hernandez, Director of Parks and Recreation Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director, Department of Procurement PR21228 IFB No. 1315386 -Furnish and Installation of Artificial Turf- Citywide Foreverl-awn Palm Beach LTG Sports Turf One, LLC Synthetic Lawns of Miami Topturf MIAMI Total Cost Total Cost Total Cost Total Cost Line No. Item Description Unit Quantity Prod Code Item Cost = Item Cost Prod Code Item Cost = Item Cost Prod Code Item Cost = Item Cost Prod Code Item Cost = Item Cost x Quantity x Quantity x Quantity x Quantity 1 SYNAugustine 347 Artificial Turf or Approved Equal (1 to 100 sq. ft). Square 1 FieldTurf FLZV- $ 3.15 $ 3.15 SA347 $ 4.29 $ 4.29 Foot 72175-FA 2 SYNAugustine 347 Artificial Turf or Approved Equal (100 to 1000 sq. ft). Square 1. FieldTurf FLZV- $ 3.15 $ 3.15 SA347 $ 4.29 $ 4.29 Foot 72175-FA 3 SYNAugustine 347 Artificial Turf or Approved Equal (Over 1000 sq. ft). Square 1 FieldTurf FLZV- $ 3.15 $ 3.15 SA347 $ 4.29 $ 4.29 Foot N 72175-FA 4 SYNAugustine 547 Artificial TurfSquare or Approved Equal (1 [0 100 sq. ft). 1 FieldTurf FLMV- $ 2.90 $ 2.90 SA547 $ 3.29 $ 3.29 Foot 58125 5 SYNAugustine 547 Artificial TurfSquare or Approved Equal (100 [0 1000 sq. ft). Foot 1 FieldTurf FLMV- 58125 $ 2.90 $ 2.90 SA547 $ 3.29 $ 3.29 6 SYNAugustine 547 Artificial Turf or Approved Equal (Over 1000 sq. ft). Square 1 FieldTurf FLMV- $ 2.90 $ 2.90 SA547 $ 3.29 $ 3.29 Foot N 58125 N 7 SYNFescue 343 Artificial Turf or Approved Equal (1 to 100 sq. ft). Square 1 FieldTurf FLZV- $ 3.65 $ 3.65 SF343 $ 4.39 $ 4.39 Foot 90200 8 SYNFescue 343 Artificial Turf or Approved Equal (100 to 1000 sq. ft). Square 1 FieldTurf FLZV- $ 3.65 $ 3.65 SF343 $ 4.39 $ 4.39 Foot 90200 R K 9 SYNFescue 343 Artificial Turf or Approved Equal (Over 1000 sq. ft). SFoote 1 FieldTurf 90200 FLZV- $ 3.65 $ 3.65 SF343 $ 4.39 $ 4.39 10 SYNPro 60 Artificial Turf or Approved Equal (1 to 100 sq. ft). Square 1 Fieldturf FLV-60156 $ 2.90 $ 2.90 SP60 $ 3.09 $ 3.09 Foot E FA 11 SYNPro 60 Artificial Turf or Approved Equal (100 to 1000 sq. ft). Square 1 Fieldturf FLV-60150- $ 2 90 $ 2.90 SP60 $ 3.09 $ 3.09 Foot FA S 12 SYNPro 60 Artificial Turf or Approved Equal (Over 1000 sq. ft). SFoote 1 Fieldturf FA -60156 $ 2.90 $ 2.90 SP60 $ 3.09 $ 3.09 P P 13 SYNPro 70 Artificial Turf or Approved Equal (1 [0 100 sq. ft). SFoote 1 Fieldturf 0F0LMV- $ 3.35 $ 3.35 SP70 $ 3.59 $ 3.59 14 or Approved Equal (100 [0 1000 sq. ft). SYNPro 70 Artificial Turf or 1 Fieldturf FLMV- $ 3.35 $ 3.35 SP70 $ 3.59 $ 3.59 Foot 0 78200 15 SYNPro 70 Artificial Turf or Approved Equal (Over 1000 sq. ft). Square 1 Fieldturf FLMV- $ 3.35 $ 3.35 SP70 $ 3.59 $ 3.59 Foot N 78200 N SYNTipede 321 Artificial Turf Approved Equal 100 ft�. Square 1 Fiel dtu16 3.15 3.15 ST321 4.49 4.49 or (1 to sq. Foot 72175-FOFO $ $ S $ $ 17 SYNTipede 321 Artificial Turf or Approved Equal (100 to 1000 sq. ft). Square 1 Fieldturf FLMZV- $ 3.15 $ 3.15 ST321 $ 4.49 $ 4.49 Foot 72175-FO 18 SYNTipede 321 Artificial Turf or Approved Equal (Over 1000 sq. ft). Square 1 Fieldturf FLMZV- $ 3.15 $ 3.15 ST321 $ 4.49 $ 4.49 Foot I 72175-FO 19 SYNTipede X43 Artificial Turf or Approved Equal (1 to 100 sq. ft). Square 1 Fieldturf FLV - $ 3.85 $ 3.85 STX43 $ 4.69 $ 4.69 Foot 100200-FA V Square Fieldturf FLV- 20 SYNTipede X43 Artificial Turf or Approved Equal (100 to 1000 sq. ft). Foot 1 V i 100200-FA $ 3.85 $ 3.85 STX43 $ 4.69 $ 4.69 21 SYNTipede X43 Artificial Turf or Approved Equal (Over 1000 sq. ft). Square 1 Fieldturf FLV- $ 3.85 $ 3.85 STX43 $ 4.69 $ 4.69 Foot E 100200-FA 22 Artificial Turf Installation (1 to 100 sq. ft). Square 1 $ 14.50 $ 14.50 $ 3.50 $ 3.50 Foot 23 Artificial Turf Installation (100 to 1000 sq. ft). Square Foot 1 $ 10.50 $ 10.50 $ 3.50 $ 3.50 24 Artificial Turf Installation (Over 1000 sq. ft). Square 1 $ 8.50 $ 8.50 $ 3.00 $ 3.00 Foot Total: $ 102.35 Total: $ 93.49 Lowest Bidder Prepared by: Cristiane Lima Procurement Contracting Officer 8/25/2021 Detail by FEI/EIN Number Page 1 of 2 Florida Department of State Awl. MAr an official j"n ar of Flftri&j webihe Department of State / Division of Corporations / Search Records / Search by FEI/EIN Number / Detail by FEI/EIN Number Florida Profit Corporation TOP TURF MIAMI INC Filina Information Document Number P17000017773 FEI/EIN Number 81-5450133 Date Filed 02/22/2017 Effective Date 02/22/2017 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 03/22/2019 Event Effective Date NONE Principal Address 2701 NW 107 Ave Doral, FL 33172 Changed: 03/09/2021 Mailing Address 2701 NW 107 Ave Doral, FL 33172 Changed: 03/09/2021 Registered Agent Name & Address Butrim-Gomez Law Firm 300 S. Pine Island Road 201 Plantation, FL 33324 Name Changed: 03/03/2020 Address Changed: 03/03/2020 Officer/Director Detail Name & Address Title Secretary SARABIA DE CAROSO, AILET DIVISION OF CORPORATIONS http://search. sunbiz. org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=FeiNu... 8/24/2021 Detail by FEI/EIN Number Page 2 of 2 10350 SW 7TH TERR MIAMI, FL 33174 Title P CAROSO, CAMILO J 10350 SW 7TH TERR MIAMI, FL 33174 Title Treasurer SARABIA DE CAROSO, AILET 10350 SW 7TH TERRACE MIAMI, FL 33174 Title VP Echevarria, Ruben 11355 SW 46 Street Miami, FL 33165 Annual Reports Report Year Filed Date 2019 03/29/2019 2020 03/03/2020 2021 03/09/2021 Document Images 03/09/2021 -- ANNUAL REPORT I View image in PDF format 03/03/2020 -- ANNUAL REPORT View image in PDF format 03/29/2019 -- ANNUAL REPORT View image in PDF format 03/22/2019 -- Amendment View image in PDF format 12/27/2018 -- Amendment View image in PDF format 12/10/2018 -- Amendment View image in PDF format 04/05/2018 -- ANNUAL REPORT View image In PDF format 08/11/2017 -- Amendment View image in PDF format 02/22/2017 -- Domestic Profit View image in PDF format Florida Department of state, Division of Corporations http://search. sunbiz. org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=FeiNu... 8/24/2021 City of Miami Solicitation 1315386 Solicitation 1315386 Furnish and Installation of Artificial Turf - Citywide Solicitation Designation: Public City of Miami 8/12/2021 9:19 AM P. 1 City of Miami Solicitation 1315386 Solicitation 1315386 Furnish and Installation of Artificial Turf - Citywide Solicitation Number 1315386 Solicitation Title Furnish and Installation of Artificial Turf- Citywide Solicitation Start Date Jul 21, 2021 8:15:11 AM EDT Solicitation End Date Aug 23, 2021 3:00:00 PM EDT Question & Answer End Aug 2, 2021 3:00:00 PM EDT Date Solicitation Contact Cristiane Lima 305-416-1904 clima@miamigov.com Contract Duration See Specifications Contract Renewal 1 annual renewal Prices Good for 30 days Pre -Solicitation Conference Jul 28, 2021 11:00:00 AM EDT Attendance is optional Location: Via Microsoft Teams Meeting +1 786-598-2961 United States, Miami (Toll) Conference ID: 235 605 274# Solicitation Comments THE PURPOSE OF THIS SOLICITATION IS TO ESTABLISH A CONTRACT, FOR THE FURNISH AND INSTALLATION OF ARTIFICIAL TURF CITYWIDE, ON AN AS NEEDED BASIS. Addendum # 1 FAILURE TO SUBMIT, COMPLETE, AND/OR SIGN THE FOLLOWING DOCUMENTS SHALL RENDER YOUR BID NON -RESPONSIVE. 1. THE CERTIFICATION STATEMENT; 2. CERTIFICATIONS SECTION; 3. BID SUBMITTAL FORM; 3. PRODUCT SPECIFICATION SHEET; 4. MANUFACTURER'S AUTHORIZATION LETTER; AND 5. SYNTHETIC TURF INSTALLER CERTIFICATE. ALL UPLOADS SHALL BE IN PDF FILE FORMAT, NO OTHER FILE FORMATS WILL BE ACCEPTED BY THE CITY. ATTACHMENT FILES SHALL BE NO MORE THAN 250MB IN SIZE EACH, SHOULD THERE BE A NEED FOR A LARGER SIZE FILE TO BE UPLOADED SPLIT IN MULTIPLE FILES. CONTACT BIDSYNC VENDOR SUPPORT TOLL -FREE NUMBER 800-990-9339, OR SUPPORT.BIDSYNC.COM, EMAIL SUPPORT@BIDSYNC.COM, FOR BIDSYNC TECHNICAL DIFFICULTIES AND PROBLEMS. EXHIBIT C SYNLawn SYNFescue 343.pdf 8/12/2021 9:19 AM p. 2 City of Miami Solicitation 1315386 Changes were made to the following items: SYNAugustine 347 Artificial Turf or Approved Equal. SYNAugustine 347 Artificial Turf or Approved Equal (1 to 100 sq. ft). SYNAugustine 547 Artificial Turf or Approved Equal. SYNAugustine 347 Artificial Turf or Approved Equal (100 to 1000 sq. ft). SYNFescue 343 Artificial Turf or Approved Equal. SYNAugustine 347 Artificial Turf or Approved Equal (Over 1000 sq. ft). SYNPro 60 Artificial Turf or Approved Equal. SYNAugustine 547 Artificial Turf or Approved Equal (1 to 100 sq. ft). SYNPro 70 Artificial Turf or Approved Equal. SYNAugustine 547 Artificial Turf or Approved Equal (100 to 1000 sq. ft). SYNTipede 321 Artificial Turf or Approved Equal. SYNAugustine 547 Artificial Turf or Approved Equal (Over 1000 sq. ft). SYNTipede X43 Artificial Turf or Approved Equal. SYNFescue 343 Artificial Turf or Approved Equal (1 to 100 sq. ft). Artificial Turf Installation SYNFescue 343 Artificial Turf or Approved Equal (100 to 1000 sq. ft). SYNFescue 343 Artificial Turf or Approved Equal (Over 1000 sq. ft). SYNPro 60 Artificial Turf or Approved Equal (1 to 100 sq. ft). SYNPro 60 Artificial Turf or Approved Equal (100 to 1000 sq. ft). SYNPro 60 Artificial Turf or Approved Equal (Over 1000 sq. ft). SYNPro 70 Artificial Turf or Approved Equal (1 to 100 sq. ft). SYNPro 70 Artificial Turf or Approved Equal (100 to 1000 sq. ft). SYNPro 70 Artificial Turf or Approved Equal (Over 1000 sq. ft). SYNTipede 321 Artificial Turf or Approved Equal (1 to 100 sq. ft). SYNTipede 321 Artificial Turf or Approved Equal (100 to 1000 sq. ft). SYNTipede 321 Artificial Turf or Approved Equal (Over 1000 sq. ft). SYNTipede X43 Artificial Turf or Approved Equal (1 to 100 sq. ft). SYNTipede X43 Artificial Turf or Approved Equal (100 to 1000 sq. ft). SYNTipede X43 Artificial Turf or Approved Equal (Over 1000 sq. ft). Artificial Turf Installation (1 to 100 sq. ft). Artificial Turf Installation (100 to 1000 sq. ft). Artificial Turf Installation (Over 1000 sq. ft). Addendum # 2 F0 ""M Item Response Form Item 1315386--01-01 - SYNAugustine 347 Artificial Turf or Approved Equal (1 to 100 sq. ft). Quantity 1 square foot Unit Price $4.29 8/12/2021 9:19 AM p. 3 City of Miami Solicitation 1315386 Delivery Location City of Miami No Location Specified Qty 1 Expected Expenditure $1.00 Description The bidder shall quote a firm fixed price for 1 to 100 square foot of SYNAugustine 347 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal' please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Addendum # 1 Item 1315386--01-02 - SYNAugustine 347 Artificial Turf or Approved Equal (100 to 1000 sq. ft). Quantity 1 square foot Unit Price U-29 Delivery Location City of Miami No Location Specified Qty 1 Description The bidder shall quote a firm fixed price for 100 to 1000 square foot of SYNAugustine 347 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal' please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Addendum # 1 Item 1315386--01-03 - SYNAugustine 347 Artificial Turf or Approved Equal (Over 1000 sq. ft). Quantity 1 square foot Unit Price 2 Delivery Location City of Miami No Location Specified Qty 1 Description The bidder shall quote a firm fixed price for over 1000 square foot of SYNAugustine 347 Artificial Turf or Approved Equal. The price is for square 8/12/2021 9:19 AM p. 4 City of Miami foot. Solicitation 1315386 NOTE: For "Approved Equal' please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Addendum # 1 Previous Title New Title SYNAugustine 347 Artificial Turf or Approved Equal (Over 1000 sq. ft). Added Item Item 1315386--01-04 - SYNAugustine 547 Artificial Turf or Approved Equal (1 to 100 sq. ft). Quantity 1 square foot Unit Price $3.29 Delivery Location City of Miami No Location Specified Qty 1 Description The bidder shall quote a firm fixed price for 1 to 100 square foot of SYNAugustine 547 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal' please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Addendum # 1 Item 1315386--01-05 - SYNAugustine 547 Artificial Turf or Approved Equal (100 to 1000 sq. ft). Quantity 1 square foot Unit Price $ 2 Delivery Location City of Miami No Location Specified Qty 1 Description The bidder shall quote a firm fixed price for 100 to 1000 square foot of SYNAugustine 547 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal' please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Addendum # 1 8/12/2021 9:19 AM P. 5 City of Miami Solicitation 1315386 SYNAugustine 547 Artificial Turf or Approved Equal (100 to 1000 sq. ft). Item 1315386--01-06 - SYNAugustine 547 Artificial Turf or Approved Equal (Over 1000 sq. ft). Quantity 1 square foot Unit Price Delivery Location City of Miami No Location Specified Qty 1 Description The bidder shall quote a firm fixed price for over 1000 square foot of SYNAugustine 547 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal " please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Addendum # 1 Item 1315386--01-07 - SYNFescue 343 Artificial Turf or Approved Equal (1 to 100 sq. ft). Quantity 1 square foot Unit Price $$ 3 Delivery Location City of Miami No Location Specified Qty 1 Description The bidder shall quote a firm fixed price for 1 to 100 square foot of SYNFescue 343 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal' please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Addendum # 1 Item 1315386--01-08 - SYNFescue 343 Artificial Turf or Approved Equal (100 to 1000 sq. ft). Quantity 1 square foot 8/12/2021 9:19 AM p. 6 City of Miami Solicitation 1315386 Unit Price Delivery Location City of Miami No Location Specified Qty 1 Description The bidder shall quote a firm fixed price for 100 to 1000 square foot of SYNFescue 343 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal' please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Addendum # 1 Previous Title New Title SYNFescue 343 Artificial Turf or Approved Equal (100 to 1000 sq. ft). Added Item Item 1315386--01-09 - SYNFescue 343 Artificial Turf or Approved Equal (Over 1000 sq. ft). Quantity 1 square foot Unit Price $4.39 Delivery Location City of Miami No Location Specified Qty 1 Description The bidder shall quote a firm fixed price for over 1000 square foot of SYNFescue 343 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal " please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Addendum # 1 Previous Title Added Item New Title SYNFescue 343 Artificial Turf or Approved Equal (Over 1000 sq. ft). Item 1315386--01-10 - SYNPro 60 Artificial Turf or Approved Equal (1 to 100 sq. ft). Quantity 1 square foot Unit Price $3.09 Delivery Location City of Miami No Location Specified Qty 1 Description The bidder shall quote a firm fixed price for 1 to 100 square foot of SYNPro 60 Artificial Turf or Approved Equal. The price is for square foot. 8/12/2021 9:19 AM p. 7 City of Miami Solicitation 1315386 NOTE: For "Approved Equal' please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Addendum # 1 Item 1315386--01-11 - SYNPro 60 Artificial Turf or Approved Equal (100 to 1000 sq. ft). Quantity 1 square foot Unit Price $3.09 Delivery Location City of Miami No Location Specified Qty 1 Description The bidder shall quote a firm fixed price for 100 to 1000 square foot of SYNPro 60 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal' please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Addendum # 1 Item 1315386--01-12 - SYNPro 60 Artificial Turf or Approved Equal (Over 1000 sq. ft). Quantity 1 square foot Unit Price Delivery Location City of Miami No Location Specified Qty 1 Description The bidder shall quote a firm fixed price for over 1000 square foot of SYNPro 60 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal " please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Addendum # 1 Previous Title Added Item New Title SYNPro 60 Artificial Turf or Approved Equal (Over 1000 sq. ft). 8/12/2021 9:19 AM p. 8 City of Miami Solicitation 1315386 Item 1315386--01-13 - SYNPro 70 Artificial Turf or Approved Equal (1 to 100 sq. ft). Quantity 1 square foot Unit Price $3.59 Delivery Location City of Miami No Location Specified Qty 1 Description The bidder shall quote a firm fixed price for 1 to 100 square foot of SYNPro 70 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal' please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Addendum # 1 Item 1315386--01-14 - SYNPro 70 Artificial Turf or Approved Equal (100 to 1000 sq. ft). Quantity 1 square foot Unit Price $$ 5 Delivery Location City of Miami No Location Specified Qty 1 Description The bidder shall quote a firm fixed price for 100 to 1000 square foot of SYNPro 70 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal' please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Addendum # 1 Item Quantity Unit Price Delivery Location 1315386--01-15 - SYNPro 70 Artificial Turf or Approved Equal (Over 1000 sq. ft). 1 square foot $3.59 City of Miami No Location Specified Qty 1 8/12/2021 9:19 AM P. 9 City of Miami Solicitation 1315386 Description The bidder shall quote a firm fixed price for over to 1000 square foot of SYNPro 70 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal " please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Addendum # 1 Previous Title New Title SYNPro 70 Artificial Turf or Approved Equal (Over 1000 sq. ft). Added Item Item 1315386--01-16 - SYNTipede 321 Artificial Turf or Approved Equal (1 to 100 sq. ft). Quantity 1 square foot Unit Price $4.49 Delivery Location City of Miami No Location Specified Qty 1 Description The bidder shall quote a firm fixed price for 1 to 100 square foot of SYNTipede 321 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal' please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Addendum # 1 Previous Title New Title SYNTipede 321 Artificial Turf or Approved Equal (1 to 100 sq. ft). Added Item 2 Item 1315386--01-17 - SYNTipede 321 Artificial Turf or Approved Equal (100 to 1000 sq. ft). Quantity 1 square foot Unit Price $4.49 Delivery Location City of Miami No Location Specified Qty 1 Description The bidder shall quote a firm fixed price for 100 to 1000 square foot of SYNTipede 321 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal' please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Addendum # 1 New Title SYNTipede 321 Artificial Turf or Approved Equal 8/12/2021 9:19 AM P. 10 City of Miami Solicitation 1315386 Added Item 2 (100 to 1000 sq. ft). Item 1315386--01-18 - SYNTipede 321 Artificial Turf or Approved Equal (Over 1000 sq. ft). Quantity 1 square foot Unit Price $4.49 Delivery Location City of Miami No Location Specified Qty 1 Description The bidder shall quote a firm fixed price for over 1000 square foot of SYNTipede 321 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal " please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Addendum # 1 SYNTipede 321 Artificial Turf or Approved Equal Item 1315386--01-19 - SYNTipede X43 Artificial Turf or Approved Equal (1 to 100 sq. ft). Quantity 1 square foot Unit Price $4.69 Delivery Location City of Miami No Location Specified Qty 1 Description The bidder shall quote a firm fixed price for 1 to 100 square foot of SYNTipede X43 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal' please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Addendum # 1 Previous Title New Title SYNTipede X43 Artificial Turf or Approved Equal (1 to 100 sq. ft). Added Item Item 1315386--01-20 - SYNTipede X43 Artificial Turf or Approved Equal (100 to 1000 sq. ft). Quantity 1 square foot Unit Price $4.69 8/12/2021 9:19 AM P. 11 City of Miami Solicitation 1315386 Delivery Location City of Miami No Location Specified Qty 1 Description The bidder shall quote a firm fixed price for 100 to 1000 square foot of SYNTipede X43 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal' please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Addendum # 1 Previous Title Added Item New Title SYNTipede X43 Artificial Turf or Approved Equal (100 to 1000 sq. ft). Item 1315386--01-21 - SYNTipede X43 Artificial Turf or Approved Equal (Over 1000 sq. ft). Quantity 1 square foot Unit Price $4.69 Delivery Location City of Miami No Location Specified Qty 1 Description The bidder shall quote a firm fixed price for over 1000 square foot of SYNTipede X43 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal " please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Addendum # 1 Previous Title New Title SYNTipede X43 Artificial Turf or Approved Equal (Over 1000 sq. ft). Added Item Item 1315386--01-22 - Artificial Turf Installation (1 to 100 sq. ft). Quantity 1 square foot Unit Price Delivery Location City of Miami No Location Specified Qty 1 Description Total Price, Inclusive all labor, materials, tools, staging, fees, licenses, any and all necessary; tests, bonds, shop drawings, permits, professional services licensed in the State of Florida, inspections, hoisting, hauling, equipment, temporary fencing, signage, and supervision to install 1 to 100 square foot of artificial turf. Pursuant to Section 3.1, Specification/Scope of Work. 8/12/2021 9:19 AM p. 12 Addendum # 1 City of Miami Solicitation 1315386 Previous Title Added Item Item Quantity Unit Price Delivery Location New Title Artificial Turf Installation (1 to 100 sq. ft). 1315386--01-23 - Artificial Turf Installation (100 to 1000 sq. ft). 1 square foot $3.50 City of Miami No Location Specified Qty 1 Description Total Price, Inclusive all labor, materials, tools, staging, fees, licenses, any and all necessary; tests, bonds, shop drawings, permits, professional services licensed in the State of Florida, inspections, hoisting, hauling, equipment, temporary fencing, signage, and supervision to install 100 to 1000 square foot of artificial turf. Pursuant to Section 3.1, Specification/Scope of Work. Addendum # 1 Previous Title New Title Artificial Turf Installation (100 to 1000 sq. ft). Added Item Item 1315386--01-24 - Artificial Turf Installation (Over 1000 sq. ft). Quantity 1 square foot Unit Price $3.00 Delivery Location City of Miami No Location Specified Qty 1 Description Total Price, Inclusive all labor, materials, tools, staging, fees, licenses, any and all necessary; tests, bonds, shop drawings, permits, professional services licensed in the State of Florida, inspections, hoisting, hauling, equipment, temporary fencing, signage, and supervision to install over 1000 square foot of artificial turf. Pursuant to Section 3.1, Specification/Scope of Work. Addendum # 1 New Title Artificial Turf Installation (Over 1000 sq. ft). 8/12/2021 9:19 AM p. 13 City of Miami Solicitation 1315386 Tlitia of 'ffiittmi ANNIE PEREZ, CPPO Director of Procurement ADDENDUM NO. 2 IFB No. 1315386 ARTHUR NORIEGA V. City Manager August 12, 2021 Invitation For Bid ("IFB") for Furnish and Installation of Artificial Turf - Citywide TO: ALL PROSPECTIVE BIDDERS: The following changes, additions, clarifications, and deletions amend the IFB documents of the above captioned IFB and shall become an integral part of the Contract Documents. Deletions of contract language will be specified herein. Bold words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein and reflect same on the documents you have on hand. The IFB's closing date and time has been changed to Monday, August 23, 2021, at 3:00 P.M. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE IFB AND SHALL BE MADE A PART THEREOF. Annie Perez, CPPO Director of Procurement/Chief Procurement Officer City of Miami Procurement Department AP:cl Cc: IFB File 8/12/2021 9:19 AM p. 14 City of Miami Solicitation 1315386 Tlitia of ffiiami ANNIE PEREZ, CPPO Director of Procurement ADDENDUM NO. 1 IFB No. 1315386 ARTHUR NORIEGA V. City Manager August 6, 2021 Invitation For Bid ("IFB") for Furnish and Installation of Artificial Turf - Citywide TO: ALL PROSPECTIVE BIDDERS: The following changes, additions, clarifications, and deletions amend the IFB documents of the above captioned IFB and shall become an integral part of the Contract Documents. Deletions of contract language will be specified herein. Bold words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein and reflect same on the documents you have on hand. A. Line Item Nos. 1315386--01-01, 1315386--01-02, 1315386--01-03, 1315386--01-04, 1315386--01- 05, 1315386--01-06, 1315386--01-07 and 1315386--01-08 are hereby deleted in their entirety and are replaced with the following: Line: 1315386--01-01- SYNAugustine 347 Artificial Turf or Approved Equal (1 to 100 sq. ft). Quantity: 1 square foot Description: The bidder shall quote a firm fixed price for 1 to 100 square foot of SYNAugustine 347 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal" please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Line: 1315386--01-02- SYNAugustine 347 Artificial Turf or Approved Equal (100 to 1000 sq. ft). Quantity: 1 square foot Description: The bidder shall quote a firm fixed price for 100 to 1000 square foot of SYNAugustine 347 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal" please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Line: 1315386--01-03- SYNAugustine 347 Artificial Turf or Approved Equal (Over 1000 sq. ft). Quantity: 1 square foot 8/12/2021 9:19 AM P. 15 City of Miami Solicitation 1315386 Description: The bidder shall quote a firm fixed price for over 1000 square foot of SYNAugustine 347 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal" please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Line: 1315386--01-04- SYNAugustine 547 Artificial Turf or Approved Equal (1 to 100 sq. ft). Quantity: 1 square foot Description: The bidder shall quote a firm fixed price for 1 to 100 square foot of SYNAugustine 547 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal" please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Line: 1315386--01-05- SYNAugustine 547 Artificial Turf or Approved Equal (100 to 1000 sq. ft). Quantity: 1 square foot Description: The bidder shall quote a firm fixed price for 100 to 1000 square foot of SYNAugustine 547 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal" please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Line: 1315386--01-06- SYNAugustine 547 Artificial Turf or Approved Equal (Over 1000 sq. ft). Quantity: 1 square foot Description: The bidder shall quote a firm fixed price for over 1000 square foot of SYNAugustine 547 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal " please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Line: 1315386--01-07- SYNFescue 343 Artificial Turf or Approved Equal (1 to 100 sq. ft). Quantity: 1 square foot Description: The bidder shall quote a firm fixed price for 1 to 100 square foot of SYNFescue 343 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal" please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Line: 1315386--01-08- SYNFescue 343 Artificial Turf or Approved Equal (100 to 1000 sq. ft). Quantity: 1 square foot 2 8/12/2021 9:19 AM p. 16 City of Miami Solicitation 1315386 Description: The bidder shall quote a firm fixed price for 100 to 1000 square foot of SYN Fescue 343 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal" please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. B. Line Item Nos. 1315386--01-09, 1315386--01-10, 1315386--01-11, 1315386--01-12, 1315386--01- 13, 1315386--01-14, 1315386--01-15, 1315386--01-16, 1315386--01-17, 1315386--01-18, 1315386- -01-19, 1315386--01-20, 1315386--01-21, 1315386--01-22 and 1315386--01-23 are hereby added: Line: 1315386--01-09- SYNFescue 343 Artificial Turf or Approved Equal (Over 1000 sq. ft). Quantity: 1 square foot Description: The bidder shall quote a firm fixed price for over 1000 square foot of SYN Fescue 343 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For " Approved Equal " please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Line: 1315386--01-10- SYNPro 60 Artificial Turf or Approved Equal (1 to 100 sq. ft). Quantity: 1 square foot Description: The bidder shall quote a firm fixed price for 1 to 100 square foot of SYNPro 60 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal" please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Line: 1315386--01-11- SYNPro 60 Artificial Turf or Approved Equal (100 to 1000 sq. ft). Quantity: 1 square foot Description: The bidder shall quote a firm fixed price for 100 to 1000 square foot of SYNPro 60 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal" please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Line: 1315386--01-12- SYNPro 60 Artificial Turf or Approved Equal (Over 1000 sq. ft). Quantity: 1 square foot Description: The bidder shall quote a firm fixed price for over 1000 square foot of SYNPro 60 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal " please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. 3 8/12/2021 9:19 AM p. 17 City of Miami Solicitation 1315386 Line: 1315386--01-13- SYNPro 70 Artificial Turf or Approved Equal (1 to 100 sq. ft). Quantity: 1 square foot Description: The bidder shall quote a firm fixed price for 1 to 100 square foot of SYNPro 70 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal" please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Line: 1315386--01-14- SYNPro 70 Artificial Turf or Approved Equal (100 to 1000 sq. ft). Quantity: 1 square foot Description: The bidder shall quote a firm fixed price for 100 to 1000 square foot of SYNPro 70 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal" please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Line: 1315386--01-15- SYNPro 70 Artificial Turf or Approved Equal (Over 1000 sq. ft). Quantity: 1 square foot Description: The bidder shall quote a firm fixed price for over to 1000 square foot of SYNPro 70 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal " please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Line: 1315386--01-16- SYNTipede 321 Artificial Turf or Approved Equal (1 to 100 sq. ft). Quantity: 1 square foot Description: The bidder shall quote a firm fixed price for 1 to 100 square foot of SYNTipede 321 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal" please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Line: 1315386--01-17- SYNTipede 321 Artificial Turf or Approved Equal (100 to 1000 sq. ft). Quantity: 1 square foot Description: The bidder shall quote a firm fixed price for 100 to 1000 square foot of SYNTipede 321 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal" please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Line: 1315386--01-18- SYNTipede 321 Artificial Turf or Approved Equal (Over 1000 sq. ft). Quantity: 1 square foot In 8/12/2021 9:19 AM p. 18 City of Miami Solicitation 1315386 Description: The bidder shall quote a firm fixed price for over 1000 square foot of SYNTipede 321 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal " please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Line: 1315386--01-19- SYNTipede X43 Artificial Turf or Approved Equal (1 to 100 sq. ft). Quantity: 1 square foot Description: The bidder shall quote a firm fixed price for 1 to 100 square foot of SYNTipede X43 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal" please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Line: 1315386--01-20- SYNTipede X43 Artificial Turf or Approved Equal (100 to 1000 sq. ft). Quantity: 1 square foot Description: The bidder shall quote a firm fixed price for 100 to 1000 square foot of SYNTipede X43 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal" please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Line: 1315386--01-21- SYNTipede X43 Artificial Turf or Approved Equal (Over 1000 sq. ft). Quantity: 1 square foot Description: The bidder shall quote a firm fixed price for over 1000 square foot of SYNTipede X43 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal " please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Line: 1315386--01-22- Artificial Turf Installation (1 to 100 sq. ft). Quantity: 1 square foot Description: Total Price, Inclusive all labor, materials, tools, staging, fees, licenses, any and all necessary; tests, bonds, shop drawings, permits, professional services licensed in the State of Florida, inspections, hoisting, hauling, equipment, temporary fencing, signage, and supervision to install 1 to 100 square foot of artificial turf. Pursuant to Section 3.1, Specification/Scope of Work. Line: 1315386--01-23- Artificial Turf Installation (100 to 1000 sq. ft). Quantity: 1 square foot Description: Total Price, Inclusive all labor, materials, tools, staging, fees, licenses, any and all necessary; tests, bonds, shop drawings, permits, professional services licensed in 5 8/12/2021 9:19 AM P. 19 City of Miami Solicitation 1315386 the State of Florida, inspections, hoisting, hauling, equipment, temporary fencing, signage, and supervision to install 100 to 1000 square foot of artificial turf. Pursuant to Section 3.1, Specification/Scope of Work Line: 1315386--01-24- Artificial Turf Installation (Over 1000 sq. ft). Quantity: 1 square foot Description: Total Price, Inclusive all labor, materials, tools, staging, fees, licenses, any and all necessary; tests, bonds, shop drawings, permits, professional services licensed in the State of Florida, inspections, hoisting, hauling, equipment, temporary fencing, signage, and supervision to install over 1000 square foot of artificial turf. Pursuant to Section 3.1, Specification/Scope of Work C. EXHIBITS A through H, have been attached to the Document Section of the BidSync platform as follow: Exhibit A- SYNLawn SYNAugustine 347 Exhibit B- SYNLawn SYNAugustine 547 Exhibit C- SYNLawn SYNFescue 343 Exhibit D- SYNLawn SYNPro 60 Exhibit E- SYNLawn SYNPro 70 Exhibit F- SYNLawn SYNTipede 321 Exhibit G- SYNLawn SYNTipede X43 Exhibit H- SYNLawn Warranty Commercial USA D. The following are inquiries received and the corresponding responses: Q 1. Does the City have plans and drawings available for this project? Depending on the area, the pricing can be dramatically different. A.1. No, there are no plans and drawings for this contract as this contract is on as needed basis. However, additional Line items have been added to reflect different area sizes. Q 2. Please confirm if a bid bond will be required? A 2. No. A Bid Bond is not required for this IFB. Q 3. What is the intention of this contract? What will the turf be used for? What are the areas of each project you are looking to do? A.3. This Solicitation is to establish a contract for the provision and installation of artificial synthetic turf, on an as -needed basis, for the various City of Miami ("City") Departments. The turf will be used for new installations, maintenance, repair, restoration, and resurfacing of existing facilities in different areas including, but not limited to, athletic and recreational fields, playgrounds, walkways, medians, streetscapes, parkways, greenways, etc. Q 4. The stone base described in the Installation item is not consistent with the industry - standard base for athletic fields, nor playgrounds. Why is the City requesting this stone base? C: 8/12/2021 9:19 AM p. 20 City of Miami Solicitation 1315386 A 4. The stone base requested in the Solicitation is according to the manufacturer's recommendation. Please refer to the attached Exhibits A through G. Q 5. What is the minimum area for the artificial turf to be installed? A 5. There is no minimum area currently. The artificial turf will be installed in different area sizes, on an as needed basis. Q6. Is there a specific timeline for the Awarded vendor to provide a quote and complete the work? A6. The Project Manager or designe will provide timelines when requesting a quote for a specific project. Q7. Why is the City requesting a warranty period of 11 years? It is not typical for Synthetic Turf. A7. The warranty requested in the Solicitation is according to the manufacturer's Statement of Warranty. Please refer to the attached Exhibit H- SYNLawn Warranty Commercial USA. Q8. Are there any provisions in the contract for contaminated soils? A8. No, there are no provisions for contaminated soils. Additional work outside the scope of work shall be reported to the Project Manager or designee for written approval before commencement. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE IFB AND SHALL BE MADE A PART THEREOF. Digitally signed by Perez, Perez Annie Annie Daie:2021.08.05 17:30:18-04'00' Annie Perez, CPPO, Director of Procurement City of Miami Procurement Department cc. Natasha Colebrook -Williams, Assistant City Manager, Chief of Operations Fernando Casamayor, Assistant City Manager, Chief Financial Officer Barbara Hernandez, CPRP, Director of Parks and Recreation Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director of Procurement VA 8/12/2021 9:19 AM p. 21 IFB Number: Title: Issue Date/Time: IFB Closing 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: Contracting Officer E-Mail Address: Contracting Officer Facsimile: City of Miami Invitation for Bid (IFB) Procurement Department Miami Riverside Center 444 SW 2nd Avenue, 6th Floor Miami, Florida 33130 Web Site Address: www.miami.gov.com/procurement 1315386 Invitation for Bid for Furnish and Installation of Artificial Turf - Citywide 21-JUL-2021 13-AUG-2021 @ 3:00 p.m. Voluntary Wednesday, July 28, 2021 @ 11:00 a.m. Virtual Via Microsoft Teams Monday, August 2, 2021 @ 3:00 p.m. Lima, Cristiane CLima@miamigov.com (305)400-5009 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: PROPOSERNAME: Camilo Caroso ADDRESS: 2701 NW 107TH AVE, DORAL, FL 33172 PHONE: (305) 986-2255 FAX: EMAIL: estimator(a)topturfartificialgrass SIGNED BY: TITLE: President DATE: 07/28/2021 FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISQUALIFY THIS RESPONSE. Certifications Legal Name of Finn: Top Turf Miami, Inc. Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Corporation Year Established: 2017 Address, City, State, Zip, Contact Name, Contact Tittle, Phone, Fax, Email: 2701 NW 107TH AVE, DORAL, FL 33172 Federal Employer Identification (FEI/EIN) Number: 81-5450133 Business Tax Receipt/ Occupational License Number: 7558483 Business Tax Receipt/ Occupational License Issuing Agency: Miami -Dade County Business Tax Receipt/ Occupational License Expiration Date: 09/30/2022 Will Subcontractor(s) be used? (Yes or No) 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): N/A Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (i.e. Addendum No. 1, 1/l/2020). If no addendum/addenda was/were issued, please insert N/A. Addendum No.1 08/06/2021, Addendum No.2 08/12/2021 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? N/A Please provide the service/ec in ment installation facility address. 271 NW 107TH AV , DORAL, FL 33112 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: Hive Prep School Reference No. 1: Address, City, State, and Zip for above reference company/agency listed: 5855 NW 171st St, Miami, FL 33015 Reference No. 1: Name of Contact Person, Telephone Number and Email for above reference no. 1 Evelyn Gonzalez - (786) 287-6860 - evelyng@bridgerock.com Reference No. 1: Date of Contract or Sale for above reference no. 1 First project on 01/28/2021 - Second project on 07/17/2021 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: Bengoa Construction, Inc. Reference No. 2: Address, City, State, and Zip for above reference company/agency listed: 2200 N. Dixie Highway, Hollywood, FL 33020 Reference No. 2: Name of Contact Person, Telephone Number and Email for above reference no. 2 Jose Bengoechea - (954) 589-0541 - joseb@bengoaconstruction.com Reference No. 2: Date of Contract or Sale for above reference no. 2 07/27/2021 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: City of Coral Springs (North Springs Improvement District) Reference No. 3: Address, City, State, and Zip for above reference company/agency listed: 9700 NW 52nd St, Coral Springs, FL 33076 Reference No. 3: Name of Contact Person, Telephone Number and Email for above reference no. 3 Rod Colon - (954) 520-0319 Reference No. 3: Date of Contract or Sale for above reference no. 3 07/27/2021 IMPORTANT NOTICE TO BIDDERS: • FAILURE TO SUBMIT, COMPLETE, AND/OR SIGN THE FOLLOWING DOCUMENTS SHALL RENDER YOUR BID NON -RESPONSIVE. 1. THE CERTIFICATION STATEMENT; 2_ CERTIFICATIONS SECTION; 3. BID SUBMITTAL FORM; 4. PRODUCT SPECIFICATION SHEET; 5. MANUFACTURER'S AUTHORIZATION LETTER; AND 6. SYNTHETIC TURF INSTALLER CERTIFICATE. • ALL UPLOADS SHALL BE IN PDF FILE FORMAT, NO OTHER FILE FORMATS WILL BE ACCEPTED BY THE CITY. • ATTACHMENT FILES SHALL BE NO MORE THAN 250MB IN SIZE EACH, SHOULD THERE BE A NEED FOR A LARGER SIZE FILE TO BE UPLOADED SPLIT IN MULTIPLE FILES. • CONTACT BIDSYNC VENDOR SUPPORT TOLL -FREE NUMBER 800-990-9339, OR SUPPORT.BIDSYNC.COM, EMAIL SUPPORT(c�r�,BIDSYNC.COM, FOR BIDSYNC TECHNICAL DIFFICULTIES AND PROBLEMS. Table of Contents Terms and Conditions 1. General Conditions 1.1. GENERAL TERMS AND CONDITIONS 2. Special Conditions 2.1. PURPOSE 2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION 2.3. PRE-BID/PRE-PROPOSAL CONFERENCE 2.4. TERM OF CONTRACT 2.5. CONDITIONS FOR RENEWAL 2.6. NON -APPROPRIATION OF FUNDS 2.7. METHOD OF AWARD 2.8. SUBMISSION REQUIREMENTS 2.9. REFERENCES 2.10.TIE BIDS 2.11. CURES 2.12. BIDDERS MINIMUM QUALIFICATIONS 2.13. INSURANCE REQUIREMENTS 2.14.BACKGROUND CHECK 2.15. INVOICING 2.16.ADDITIONS/DELETIONS OF SUPPLIERS/FACILITIES/ITEMS/SERVICES 2.17. PRIMARY CLIENT (FIRST PRIORITY) 2.18.FORCE MAJEURE 2.19.PROJECT MANAGER 2.20. COMPLETED WORK 2.21.PUBLIC SAFETY 2.22. SAFETY MEASURES 2.23. SAFETY PRECAUTIONS 2.24.DAMAGES TO PUBLIC/PRIVATE PROPERTY 2.25. CITY OCCUPANCY 2.26. QUALITY OF WORK 2.27. DELAYS 2.28.ACCEPTANCE OF WORK 2.29.FAILURE TO PERFORM 2.30. EQUAL PRODUCT 2.31. SAMPLES 2.32. SUBCONTRACTORS OF WORK SHALL BE IDENTIFIED 2.33. WORKMANSHIP AND MATERIALS 2.34. FACTORY DEFECTS 2.35. WARRANTY, FITNESS FOR PURPOSE 2.36. QUALITY AND MANUFACTURE 2.37.PRODUCT SUBSTITUES 2.38. JESSICA LUNSFORD ACT (JLA) BACKGROUND SCREENING REQUIREMENTS 2.39. LIQUIDATED DAMAGES 2.40. TERMINATION 2.41. ADDITIONAL TERMS AND CONDITIONS Specifications 3.1 SPECIFICATIONS/SCOPE OF WORK Terms and Conditions 1. General Conditions 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. 1.1. 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 Bidsync. 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. 19. 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 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 eighty (180) 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 eighty (180) 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 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 - 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 aspecification 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. 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. 1.1& 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. R 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. C. National Institute of Occupational Safety Hazards (NIOSH), as applicable to this Formal Solicitation. R National Forest Products Association (NFPA), as applicable to this Formal Solicitation. L City Procurement Ordinance, City Code Section 18, Article III. 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. 111. 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 onthe 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, orothers. 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, orexpense 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 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 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. II& 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 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 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 any political subdivision, or is on the convicted vendor's list per Section 287.133, Florida Statutes. 135. 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. 136. 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. 137. 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. 13& 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. R 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. 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 orproceeding 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. 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. 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 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 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 LICENSE/BUSINESS TAX RECEIPT -Any person, firm, corporation, or joint venture, with a business location within the City's municipal boundaries and is submitting a Bid under the Formal Solicitation shall meet the City's Business Tax Receipt requirements in accordance with Chapter 31.1, Article I of the City of Miami Charter. Others with a location outside of the City's municipal boundaries shall meet their local Occupational License/Business Tax Receipt requirements. A copy of the Occupational License/Business Tax Receipt must be submitted with the Bid; however, the City may, in its sole discretion, and in its best interest, allow the Bidder to provide the Occupational License/Business Tax Receipt to the City during the evaluation period, but prior to award. A Certificate of Use ("CU") will be required if applicable under City regulations. 1.58.ONE PROPOSAL - Only one (1) Bid from an individual, firm, partnership, corporation, or joint venture will be considered in response to the Formal Solicitation, unless otherwise stipulated in the Formal Solicitation. 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 - Bidders are expected to examine the specifications, required delivery, drawings, and all special and general conditions. A. Each Bidder shall furnish the information required in the Formal Solicitation. The Bidder shall print, type or manually enter the all requested information, sign and upload the Certification Statement. 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 Certification Statement or the Bid may be rejected. F. Bids shall remain valid for at least 180 days. Upon award of a Bid Contract, the content of the Successful Bidder's/Contractor's Bid, may be included as part of the Bid Contract, at the City's discretion. G. The City 's Bid Forms shall be used when Bidder is submitting its Bid. Use of any other forms, will result in the rejection of the Bid. 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. 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. 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 party, along with a notice of such party's right to seek judicial relief, provided that the protesting party shall not be entitled to such judicial relief without first having followed the procedure set forth in this Section. 1.75. RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (SECTION 18-104): (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. 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 aSaturday, 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 maybe 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 ofprotest. 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 why the decision of the city relative to the solicitation or the award, which may include a recommendation for award by the city manager to the city commission, as applicable, should be overturned. The party recommended for award, if it is a protest of award, shall have a right to intervene and be heard. (4) Hearing procedure. The procedure for any such hearing conducted under this article shall be as follows: a. The city shall cause to be served by certified mail a notice of hearing stating the time, date, and place of the hearing. The notice of hearing shall be sent by certified mail, return receipt requested, to the mailing address of the protester. b. The party, any intervenor, and the city shall each have the right to be represented by counsel, to call and examine witnesses, to introduce evidence, to examine opposing or rebuttal witnesses on any relevant matter related to the protest even though the matter was not covered in the direct examination, and to impeach any witness regardless of which party first called him/her to testify. The hearing officer may extend the deadline for completion of the protest hearing for good cause shown, but such an extension shall not exceed an additional five business days. The hearing officer shall consider the written protest and supporting documents and evidence appended thereto, supporting documents or evidence from any intervenor, and the decision or recommendation as to the solicitation or award being protested, as applicable. The protesting party, and any intervenor, must file all pertinent documents supporting his/her protest or motion to intervene at least five business days before the hearing, as applicable. The hearing officer shall allow a maximum of two hours for the protest presentation and a maximum of two hours for the city response. When there is an intervenor, a maximum of two hours will be added for the intervenor. In the event of multiple protests for the same project, the hearing officer shall allocate time as necessary to ensure that the hearing shall not exceed a total of one day. c. The hearing officer shall consider the evidence presented at the hearing. In any hearing before the hearing officer, irrelevant, immaterial, repetitious, scandalous, or frivolous evidence shall be excluded. All other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible whether or not such evidence would be admissible in trial in the courts of Florida. The hearing officer may also require written summaries, proffers, affidavits, and other documents the hearing officer determines to be necessary to conclude the hearing and issue a final order within the time limits set forth by this section. d. The hearing officer shall determine whether procedural due process has been afforded, whether the essential requirements of law have been observed, and whether the decision was arbitrary, capricious, an abuse of discretion, or unsupported by substantial evidence as a whole. Substantial evidence means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. e. Within ten days from the date of the hearing, the hearing officer shall complete and submit to the City Manager, the City Attorney, any intervenor, the Chief Procurement Officer, and the person requesting said hearing a final order consisting of his/her findings of fact and conclusions of law as to the denial or granting of the protest, as applicable. 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 of procurements during protests. Upon receipt of a written protest filed pursuant to the requirements of this section, the city shall not proceed further with the solicitation or with the award of the contract until the protest is resolved by the chief procurement officer or the city commission as provided in subsection (b) above, unless the city manager makes a written determination that the solicitation process or the contract award must be continued without delay in order to avoid an immediate and serious danger to the public health, safety or welfare. (e) Costs. All costs accruing from a protest shall be assumed by the protestor. (fl 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. 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 - Electronic Bid submittals to this IFB are to be submitted through BidSync Electronic Bidding System (`BidSync") until the date and time as indicated in the Solicitation. The responsibility for submitting a Bid on/or before the stated closing time and date is solely and strictly the responsibility of the Bidder. The City will in no way be responsible for delays caused by technical difficulties or caused by any other occurrence. Electronic Bid submissions may require the uploading of electronic attachments. The submission of attachments containing embedded documents or proprietary file extensions is prohibited. All documents should be attached as individual files and labeled. Any Bids received and time stamped through BidSync, prior to the Bid submittal deadline shall be accepted as timely submittal anything thereafter will be rejected. Additionally, BidSync will not allow for the electronic Bid submittal after the closing date and time has lapsed. Bids will be opened promptly at the time and date specified. All expenses involved with the preparation and submission of Bids to the City, or any work performed in connection therewith, shall be bome by the Bidder(s). Accordingly, Bidder(s): 1. Must register, free of charge, with BidSync Electronic Bidding System ("BidSync") to establish an account in order to have access to view and/or respond to any solicitations issued by the City of Miami's Procurement Department ("City"). 2. Shall submit all Bids electronically. Hard copy Bid submittals will not be accepted. NO EXCEPTIONS. 3. Must submit the Certification Statement and associated solicitation documents which define requirements of items and/or services to be purchased and must be completed and submitted as outlined within the solicitation via BidSync. The use of any other forms and/or the modification of City forms will result in the rejection of the Bidder's Bid submittal. 4. Shall ensure that the Certification Statement is fully completed and provided with your Bid. Failure to comply with these requirements may cause the Bid to be rejected. 5. Must ensure that an n authorized agent of the Bidder's firm signs the Certification Statement and submits it electronically. FAILURE TO SIGN THE CERTIFICATION STATEMENT SHALL DEEM THE BID NON- RESPONSIVE. 6. May be considered non -responsive if Bids do not conform to the terms and conditions of this solicitation. 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. 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. 2. Special Conditions 2.1. PURPOSE The purpose of this Solicitation is to establish a contract, for the furnish and installation of artificial turf Citywide, on an as needed basis as specified herein, from a source(s), fully compliant with the terms, conditions and stipulations of the solicitation. 2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION Any questions or clarifications concerning this solicitation shall be submitted electronically via the Bidsync Portal. All questions must be received no later than Monday, August 2, 2021 @ 3:00 p.m. All responses to questions will be sent to all prospective Bidders in the form of an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. 2.3. PRE-BID/PRE-PROPOSAL CONFERENCE A Virtual Voluntary pre -bid conference will be held on Wednesday, July 28, 2021 @ 2:00 p.m., via Microsoft Teams Click here to join the meeting or via phone +1 786-598-2961, Conference ID: 235 605 274# A discussion of the requirements of the Solicitation will occur at that time. Each potential Bidder is required, prior to submitting a Proposal, to acquaint itself thoroughly with any and all conditions and/or requirements that may in any manner affect the work to be performed. All questions and answers affecting the scope of work/specifications of the IFB will be included in an addendum, that will be distributed through BidSync, following the Pre -Proposal Conference to all the attendees. Because the City considers the Pre -Proposal Conference to be critical to understanding the Solicitation requirements, attendance is highly recommended. 2.4. 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 one (1) additional two (2) year period, 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. 2.5. CONDITIONS FOR RENEWAL Each renewal of this contract is subject to the following: (1) Continued satisfactory performance compliance with the specifications, terms and conditions established herein. (2) Availability of funds 2.6. NON -APPROPRIATION OF FUNDS In the event no 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) or his assignee of such occurrence, shall have the unqualified right to terminate the contract without any penalty or expense to the City. No guarantee, warranty or representation is made that any project(s) will be awarded to any firm(s). 2.7. METHOD OF AWARD Award of this contract will be made to the lowest responsible and responsive bidder(s), who bids on all items and whose bid offers the lowest price when all items are added in the aggregate and meets specifications. 2.8. SUBMISSION REQUIREMENTS Please refer to Section 1.80, Notice Regarding "Submission and Receipts of Bids" of the General Terms and Conditions of this Solicitation. 29. REFERENCES Each bid must be accompanied by a list of three (3) references, as reflected in the Certifications Section of this Solicitation, which shall include the name of the company, for whom bidder has provided turf installation, as described in this solicitation, dates of contract, description of goods/services supplied (included number of square footage of turf installed), a contact person and the telephone number. NO BID WILL BE CONSIDERED WITHOUT THIS LIST. 2.10. TIE BIDS Whenever two 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, oruse of a controlled substance is prohibited in the workplace and specifying the action that will be taken against employees for violations of such prohibition. (2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in subsection (1). (4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under Bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. (5) Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. (6) Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. 2.11. CURES Please refer to Section 1.56, Notice Regarding "Cures" of the General Terms and Conditions of this Solicitation. 2.12. BIDDER'S MINIMUM QUALIFICATIONS Bids will be considered only from firms that are regularly engaged in the business of providing goods and/or services as described in this Bid; that have a record of performance for the last four (4) consecutive years with the same Federal Employment Identification Number (FEIN); and that have sufficient financial support, equipment and organization to ensure that they can satisfactorily provide the goods and/or services if awarded a Contract under the terms and conditions herein stated. Bidder shall: (1) Provide a current, dated, and signed official authorization letter from the manufacturer, of the items offered, stating that the Bidder is an authorized distributor, dealer or service representative and is authorized to sell, install, and be able to warranty the manufacturer's products. Failure to upload and include with the bid submission, the manufacturer's authorization letter shall deem the bid non -responsive. (2)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. (3) Have no record of pending lawsuits or criminal activities and have not been declared bankrupt within the last three (3) years. (4) Be certified by the Synthetic Turf Council (STC) as a Certified Turf Installer -Landscape (CTI-L) or possess a State of Florida General Contractor's License. Copies of the CTI-L certification and/or the State of Florida license to satisfy this requirement must be included with the bid submission. 2.13. INSURANCE REQUIREMENTS INDEMNIFICATION Successful Bidder(s) 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(s) and persons employed or utilized by Successful Bidder(s) in the performance of this Contract. Successful Bidder(s) 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(s) shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The Successful Bidder(s) expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the Successful Bidder(s) 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(s) 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(s), or persons employed or utilized by Successful Bidder(s). 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(s) 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(s) 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(s) 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(s) or other acts of the Successful Bidder(s), the City, in no way, assumes or shares any responsibility or liability of the Successful Bidder(s) 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(s). The Successful Bidder(s) hereby accepts and assumes full responsibility for all risk of loss, theft, damage or destruction to the Successful Bidder's business personal property or inventory in connection with this solicitation. It is hereby agreed and understood, that the City shall not be responsible or liable for any theft, destruction, damage, or losses of any kind and nature whatsoever. The Successful Bidder(s) further agrees that the City shall not be required to compensate the Successful Bidder(s) for any such losses and assumes all liability in connection therein. The Successful Bidder(s) shall furnish to City of Miami, c/o Procurement Department, 444 SW 2nd Avenue, 6th Floor, Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: L Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence - $1,000,000 General Aggregate Limit - $2,000,000 Products/Completed Operations - $1,000,000 Personal and Advertising Injury - $1,000,000 B. Endorsements Required City of Miami listed as an additional insured Contingent and Contractual Liability Premises and Operations Liability Primary Insurance Clause Endorsement II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Owned/Scheduled Autos Including Hired, Borrowed or Non -Owned Autos Any One Accident - $1,000,000 B. Endorsements Required City of Miami listed as an additional insured III. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of Subrogation Employer's Liability A. Limits of Liability $1,000,000 for bodily injury caused by an accident, each accident. $1,000,000 for bodily injury caused by disease, each employee $1,000,000 for bodily injury caused by disease, policy limit The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer in accordance to policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: 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. (See Insurance Addendum in Documents Section). 2.14. BACKGROUND CHECK Level II Background Checks shall be conducted and paid for by the Successful Bidder(s) for each employee anticipated to work in the City facilities. The Successful Bidder(s) agrees not to permit any employee to have access to facilities herein designated until the clearance requirements specified are met. For facilities with a higher security clearance additional background checks may be required. Please see Section 2.38 below titled "Jessica Lunsford Act (JLA) Background Screening Requirements". 2.15. INVOICING The City's Finance Department requires that original invoices be forwarded to a prescribed address as denoted in every Purchase Order. Additionally, Successful Bidder(s) shall forward hardcopy/or electronic copy of any original invoice to the City Project Manager. Invoices shall include the following information at a minimum: Project Name; Description of service; Unit and total cost; Purchase order number; Address for which the services related to the invoice were performed; Invoice number; and Time period of service. 2.16. ADDITIONS/DELETIONS OF SUPPLIERS/FACH ITIES/ITEMS/SERVICES Although this Solicitation identifies Suppliers/Facilities/Items/Services to be addressed, it is hereby agreed and understood that any Suppliers/Facilities/Items/Services may be added/deleted to/from this Contract at the sole discretion of the City. When an addition to the Contract is required, the Successful Bidder(s) under this Contract shall be invited to submit price quotes for these new items/services. If these quotes are comparable with market prices offered for similar items/services, they shall be added to the Contract whichever is in the best interest of the City and an amendment and a separate purchase order shall be issued by the City. 2.17. PRIMARY CLIENT (FIRST PRIORITY) The Successful Bidder(s) agree upon award of this Contract that the City of Miami shall be its primary client and shall be serviced first during a schedule conflict arising between this Contract and any other Contract Successful Bidder(s) may have with any other cities and/or counties to perform similar services as a result of any catastrophic events such as tornadoes, hurricanes, severe storms or any other public emergency impacting various areas during or approximately the same time. 2.1& FORCE MAJEURE Successful Bidder(s) shall not be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders or any other force majeure event. 2.19. PROJECT MANAGER Upon award, Successful Bidder(s) shall report and work directly with Tom Calautti, Senior Construction Coordinator and Ricardo Rodriguez, Construction Coordinator, or designee, who shall be designated as the Project Managers for the City. 2.20. COMPLETED WORK The City shall be notified by the Successful Bidder(s) upon completion of work. The City shall inspect and approve same before authorizing payment. Work not satisfactorily completed shall be redone by the Successful Bidder(s) at no additional charge to the City. 2.21. PUBLIC SAFETY The Successful Bidder(s) shall conduct their work so as to interfere as little as possible with private business or public travel. They shall, at their own expense, whenever necessary or required, maintain barricades, maintain lights, and take such other precautions as may be necessary to protect life and property, and they shall be liable for all damages occasioned in any way by his actions or neglect or that of his agents or employees. The Successful Bidder(s) shall meet the following noise abatement performance standards for all construction equipment: • Between the hours of 7:00 A.M. and 6:00 P.M. noise levels shall not exceed 80 dBA at the nearest residential or commercial property line. • Operation of equipment should be avoided between the hours of 6:00 P.M. and 7:00 A.M., but if required, the noise level shall not exceed 65 dBA. 2.22. SAFETY MEASURES Successful Bidder(s) shall take all necessary precautions for the safety of employees, and shall erect and properly maintain at all times all necessary safeguards for the protection of the employees and the public. Danger signs warning against hazards created by his/her operation and work in progress must be posted. All employees of Successful Bidder(s) shall be expected to wear safety glasses or goggles, appropriate clothing, and hearing protection when and wherever applicable. The Successful Bidder(s) shall use only equipment that is fully operational and in safe operating order. Successful Bidder(s) shall be especially careful when servicing property when pedestrians and/or vehicles are in close proximity - work shall cease until it is safe to proceed. 2.23. SAFETY PRECAUTIONS The Successful Bidder(s) must adhere to the applicable environmental protection guidelines for the entire duration of the work. If hazardous waste materials are used, detected or generated at any time, the Project Manager must be immediately notified of each and every occurrence. Successful Bidder(s) shall comply with all codes, ordinances, rules, orders and other legal requirements of public authorities (including OSHA, EPA, DERM, Miami -Dade County PDR South Florida Building Code) which bear on the performance of the work. The Successful Bidder(s) shall take the responsibility to ensure that all work is provided with the adequate safeguards, that are necessary for the protection of their employees, as well as the public and City employees. If an emergency condition should develop during work, the Successful Bidder(s) must immediately notify the Project Manager of each and every occurrence. The Successful Bidder(s) should also recommend any appropriate courses of action to the Project Manager. 2.24. DAMAGES TO PUBLIC/PRIVATE PROPERTY The Successful Bidder(s) shall carry out the work with such care and methods as not to result in damage to public or private property adjacent to the work. Should any public or private property be damaged or destroyed, the Successful Bidder(s), at his/her expense, shall repair or make restoration as is practical and acceptable to the City and/or owners of destroyed or damaged property promptly within a reasonable length of time. (Not to exceed one month from date damage was done). 2.25. CITY OCCUPANCY The City may occupy all or any portions of the facility during the entire period of work. The Successful Bidder(s) shall cooperate fully with the Project Manager or designee during the work to minimize conflicts and to facilitate City operations and the operations of any other contractors. 2.26. QUALITY OF WORK All work shall be performed using superior maintenance standards and techniques. The frequencies established for repetitive maintenance tasks are minimum frequencies, which must be increased if deemed necessary and requested by the City. 2.27. DELAYS The Successful Bidder(s) shall notify the City's Project Manager, designee, or facility liaison of any actual or potential delays. 2.2& ACCEPTANCE OF WORK Should any work not meet the expectations of the City's Project Manager, designee, or facility liaison, the Successful Bidder(s) shall be required to correct the fault or faults at his/her expense in both time and material. 2.29. FAILURE TO PERFORM Should it not be possible to reach the Successful Bidder(s) and/or should remedial action not be taken within 48 hours of any failure to perform according to specifications, the City reserves the right to declare Successful Bidder(s) in default of the contract or make appropriate reductions in the contract payment. 2.30. 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 sets of necessary data (i.e. factory information sheets, specifications, brochures, etc.) in order for the City to evaluate and determine the equality of the item(s) bid. The City shall be the sole judge of equality and its decision shall be final. 2.31. SAMPLES The Bidder shall provide upon request, a complete and accurate sample of the product(s), which they propose to furnish. 2.32. SUBCONTRACTORS OF WORK SHALL BE IDENTIFIED As part of this bid, the Bidders are required to identify any and all Subcontractors that will be used in the performance of this proposed contract, their capabilities, experience and the portion of the work to be done by the Subcontractor. Failure to identify any and all Subcontractors in the bid shall render the bid non -responsive. The Successful Bidder(s) shall not, at any time during the tenure of the contract, subcontract any part of his operations or assign any portion or part of the contract, to Subcontractor(s) not originally mentioned in their bid, except under and by virtue of permission granted by the City through the proper officials. Nothing contained in this specification shall be construed as establishing any contractual relationship between any Subcontractor(s) and the City. The Successful Bidder(s) shall be fully responsible to the City for the acts and omissions of the Subcontractor(s) and their employees, as for acts and omissions of persons employed by the Successful Bidder(s). 2.33. WORKMANSHIP AND MATERIALS All parts installed and materials used in performance of this contract shall be new (of current design or manufacture). All materials and workmanship shall be of the highest quality. The City shall be the sole judge as to parts and workmanship. 2.34. FACTORY DEFECTS All material specified hereafter shall be fully guaranteed by the Successful Bidder(s) against factory defects. Any defects which may occur as the result of either faulty material or workmanship within the period of the manufacturer's standard warranty will be corrected by the Successful Bidder(s) at no expense to the City. 2.35. WARRANTY, FITNESS FOR PURPOSE 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. 2.36. QUALITY AND MANUFACTURE The apparent silences of these specifications as to any details or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only materials and workmanship of first quality are to be used. All interpretations of these specifications shall be made upon the basis of this statement. Specifications, brands and manufacturers' names, where given, are to establish product type and quality required. Any equal thereto will be considered, subject to the approval of the City of Miami. Bidders shall indicate on the Bid Sheets, the manufacturer, brand and model or style number they intend to supply to the City, for each item Bid. All materials shall be new, of current manufacture, and shall carry standard warranties. No substitutions shall be allowed after the Bid is awarded unless so authorized by the City. The City reserves the right to perform its own testing procedures or to send any and all samples to any certifiable laboratory for analysis. Any and all costs for testing shall be borne by Bidder. On the basis of this testing and analysis, the City shall be sole judge of the acceptability of the sample in conjunction with the Bid specifications and its decision shall be final. Any sample submitted shall create an express warranty that the whole of the goods and/or services to be provided by the Successful Bidder(s) during the contract period shall conform to the sample submitted. The Successful Bidder(s) shall be required to provide adequate restitution to the City, in the manner prescribed by the City, if this warranty is violated during the term of the contract. 2.37. 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 authorized City representative, 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. 2.3& JESSICA LUNSFORD ACT (JLA) BACKGROUND SCREENING REQUIREMENTS In accordance with the requirements of Sections, 1012.465, and 1012.32 and 1012.467, Florida Statutes, as amended from time to time Successful Bidder agrees that, if Successful Bidder receives remuneration for services, Successful Bidder and all of its employees who provide or may provide services under this Contract will complete criminal history checks, and all background screening requirements, including level 2 screening requirements as outlined in the above - referenced statutes for any work to be performed in City parks. Pursuant to the 2007 amendments to the JLA enacted by the Florida Legislature, requirements for certain fingerprinting and criminal history checks shall be inapplicable to non -instructional contracted personnel who qualify for exemption from Level 2 screening requirements as provided under Section 1012.468 of the Florida Statutes. In addition, the provisions of Section 1012.467 of the Florida Statutes are incorporated herein by reference, and any provisions that may be inconsistent with, contrary to, or determined to be in conflict with said Section 1012.467, will be superseded by said statute. A non -instructional Successful Bidder who is exempt from the screening requirements set forth in Sections 1012.465, 1012.468 or 1012.467 of the Florida Statutes, is subject to a search of his or her name or other identifying information against the registration information regarding sexual predators and sexual offenders maintained by the Department of Law Enforcement under Section 943.043 and the national sex offender public registry maintained by the United States Department of Justice. Successful Bidder will not be charged for this search. Further, upon obtaining clearance by City the City will issue a photo identification badge consistent with any statutory requirements, which shall be worn by the individual at all times while on City property when children are present. Successful Bidder agrees to bear any and all costs associated with acquiring the required background screening, including any costs associated with fingerprinting and obtaining the required photo identification badge. Successful Bidder agrees to require all its affected employees to sign a statement, as a condition of employment with Successful Bidder in relation to performance under this Contract, agreeing that the employee will abide by the heretofore described background screening requirements, and also agreeing that the employee will notify the Successful Bidder/Employer of any arrest(s) or conviction(s) of any offense within 48 hours of its occurrence. Successful Bidder agrees to provide the City with a list of all of its employees who have completed background screening as required by the above - referenced statutes and who meet the statutory requirements contained therein. Successful Bidder agrees that it has an ongoing duty to maintain and update these lists as new employees are hired and in the event that any previously screened employee fails to meet the statutory standards. Successful Bidder further agrees to notify the City immediately upon becoming aware that one of its employees, who was previously certified as completing the background check and meeting the statutory standards, is subsequently arrested or convicted of any disqualifying offense. Failure by Successful Bidder to notify the City of such arrest or conviction within 48 hours of being put on notice and within five (5) business days of the occurrence of qualifying arrest or conviction, shall constitute grounds for immediate termination of this Contract by the City and removal from the Pool. The parties further agree that failure by Successful Bidder to perform any of the duties described in this section shall constitute a material breach of the Contract entitling the City to terminate this Contract immediately with no further responsibility to make payment or perform any other duties under this Contract. 2.39. LIQUIDATED DAMAGES Failure to complete the project in accordance with the specifications and to the satisfaction of the City within the time stated, shall result in liquidated damages being assessed. The Successful Bidder(s) shall be subject to an assessment of liquidated damages in the amount of $100.00 for each and every calendar day the work remains incomplete (not to exceed the total amount of the contract), as compensation due to the City for loss of use and for additional costs incurred by the City due to such noncompletion of the work. The City shall have the right to deduct said liquidated damages from any amount due or that may become due to the Successful Bidder under this agreement or to invoice the Successful Bidder for such damages if the costs incurred exceed the amount due to the Successful Bidder. 2.40. TERMINATION A. FOR DEFAULT If the Successful Bidder(s) defaults in its performance under this Contract and does not cure the default within 30 days after written notice of default, the City Manager may terminate this Contract, in whole or in part, upon written notice without penalty to the City of Miami. In such event the Successful Bidder(s) shall be liable for damages including the excess cost of procuring similar supplies or services: provided that if, (1) it is determined for any reason that the Successful Bidder(s) was/were not in default or (2) the Successful Bidder(s)'s failure to perform is without his or his subcontractor's control, fault or negligence, the termination will be deemed to be a termination for the convenience of the City of Miami. B. FOR CONVENIENCE The City Manager may terminate this Contract, in whole or in part, upon thirty (30) days prior written notice when it is in the best interests of the City of Miami. If this Contract is for supplies, products, equipment, or software, and so terminated for the convenience by the City of Miami the Successful Bidder(s) will be compensated in accordance with an agreed upon adjustment of cost. To the extent that this Contract is for services and so terminated, the City of Miami shall be liable only for payment in accordance with the payment provisions of the Contract for those services rendered prior to termination. 2.41. ADDITIONAL TERMS AND CONDITIONS No additional terms and conditions included as part of your solicitation response shall be evaluated or considered, and any and all such additional terms and conditions shall have no force or effect and are inapplicable to this solicitation. If submitted either purposely, through intent or design, or inadvertently, appearing separately in transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed that the General Conditions and Special Conditions in this solicitation are the only conditions applicable to this solicitation and that the Bidder's authorized signature affixed to the Bidder's acknowledgment form attests to this. If a Professional Services Agreement (PSA) or other Agreement is provided by the City and is expressly included as part of this solicitation, no additional terms or conditions which materially or substantially vary, modify or alter the terms or conditions of the PSA or Agreement, in the sole opinion and reasonable discretion of the City will be considered. Any and all such additional terms and conditions shall have no force or effect and are inapplicable to this PSA or Agreement. 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK The purpose of this solicitation is to establish a contract with responsive and responsible Bidder(s) to furnish and install artificial turf on an as -needed basis, for the various City of Miami ("City") Departments. This work shall be inclusive of all labor, materials, tools, staging, fees, licenses, any and all necessary; tests, bonds, shop drawings, permits, professional services licensed in the State of Florida, inspections, hoisting, hauling, equipment, temporary fencing, temporary portable restrooms (I-Handicapand 1-Standard as requested in writing by the end user department, the City will reimburse Successful Bidder(s) the portable restrooms at the market cost), signage, and supervision, for the proper and complete performance of the said scope of work as listed below. A. GENERAL REQUIREMENTS: Successful Bidder(s) shall provide, but not limited to, the following services: 1. Comply with all federal, state, and local government codes, regulations, and industry standards; 2. Employ, maintain, and assign to the performance of the work a sufficient number of competent licensed and qualified professionals to meet or exceed the requirements and industry standards; 3. Warrants and represents that its staff personnel have the necessary skills, training, background, knowledge, experience, and licenses as necessary to perform the work, in a competent and professional manner; and 4. Demonstrate its' knowledge, understanding and experience with dealing and working with drawings, specifications and general provisions of athletic and recreational fields, playgrounds and facility design, construction and related trades and utilities work, which may be part of any City's facility projects. B. MATERIAL: The Artificial turf must be high quality, antimicrobial, IR reflective, weather -resistant with UV protection, anti -static, extremely versatile, very durable, high -performing, visually appealing, efficient drainage system, and easy to maintain. The Artificial turf shall maximize the productive use of a field, as it can be used day -in and day -out without excessive wear and regardless of the weather conditions. Please refer to Section 2.30, Notice Regarding "Equal Product" of the Special Conditions of this Solicitation. The Successful Bidder(s) shall: 1. Ensure that all items are in compliance with current commercial/industry Standards; and 2. Identify the brand type, manufacturer and submit product specification sheet for each product offered; C. INSTALLATION: The Successful Bidder(s) shall provide a complete and comprehensive solution for new installations, maintenance, repair, restoration, and resurfacing of existing facilities to a condition that exceeds the minimum requirements in a timely and efficient manner. Successful Bidder(s) shall provide, but not limited to, the following: 1. Conduct site visits to obtain a hands-on understanding of the conditions of the working area; 2. Plan, design and submit a detailed project schedule within five (5) working days after receipt of Purchase Order; 3. Coordinate with the Project Manager(s) or designee and adhere closely to the agreed schedule; 4. Provide construction instructions, guidelines, drawings and recommendations for the site preparation, sub -base and asphalt pavement; 5. Perform the required site work to prepare the individual project site to have the synthetic turf or surface installed. Such work may include but is not limited to clearing, excavation, fill, leveling, drainage work, preparing the base course, soil testing etc., to prepare for the installation of the final turf or field surface; 6. Remove, if necessary, sod and soil and haul away from desired area where the intended new artificial turf will be installed; 7. Grade the site to accommodate up to 3" of clean crushed lime -rock; 8. Ensure that the lime -rock will be 85 to 90 percent compacted to allow water to percolate; 9. Proceed to add 0.5" of screening sand to allow for the desired area to be leveled, after the compaction of 85 to 90 percent has been achieved; 10. Apply a geotextile fabric (weed barrier) to be placed over the entire area of intended installation of new artificial turf; 11. Install a 4" to 6" wide 2" deep concrete band along the entire perimeter of the desired area to which the artificial turf will be continuous; 12. Place and cut the artificial turf to match desired area and seams; 13. Secure the artificial turf with a heavy- duty turf adhesive; 14. Continuously work at the project(s) site(s) for the full duration of the project(s) to ensure the timely completion of the work; and 15. Perform and complete any warranty work required in accordance with this solicitation's requirements, manufacturer's instructions and specifications and industry standards. D. PROTECTION OF UTILITIES AND STRUCTURES: Prior to the preparation of planting areas or plant pits, the Successful Bidder(s) shall ascertain the location of all electrical cables, all conduits, all utility lines, oil tanks and supply lines, so that proper precautions may be taken to not cause damage any subsurface improvements. In the event any electrical cables are uncovered, the Successful Bidder(s) shall promptly notify the Project Manager or designee, who shall arrange to relocate the material, if possible. The Successful Bidder(s) shall be responsible for any damage to utilities and structures, and shall properly maintain the protection of same. E. CLEAN UP: 1. The Successful Bidder(s) at all times shall keep the premises free from accumulation of waste materials or rubbish caused by their operation. At the completion of the work, they shall remove all waste materials and rubbish from the project site as well as all their tools, construction equipment, machinery and surplus materials. The Successful Bidder(s) shall clean all surfaces and dispose of all trash and debris, according with all laws and regulations governing disposal of construction and hazardous materials. 2. The site protection shall be removed only after passing final inspection and authorized by the Project Manager(s) or designee. 3. If the Successful Bidder(s) fails to leave site in its original condition, the City may restore the site to its original condition and the cost thereof shall be charged to the Successful Bidder(s). F. MAINTENACE: The Successful Bidder(s) shall: 1. Furnish the City with a written maintenance and instruction manual for proper use and care of the provided facility. The maintenance manual shall be specific to the turf surface/system/solution installed and specify any use limitations for the field (i.e., heavy vehicle traffic, etc.); 2. Offer and make available upon request the necessary products and services for the City to make minor repairs to and to maintain the athletic or recreational turf, surface, event hardware or facility in good condition; and 3. Provide the City staff with the training, technical support, maintenance instructions, and supplies to properly operate, maintain, and protect the artificial turf through its life cycle. G. COMPLETION OF THE WORK: Upon completion of the work, the Successful Bidder(s) shall submit all documents necessary to close out the project in a''/2" binder and electronically. Including but not limited to the following: 1. Permitting documents/submittals; 2. Inspection records; 3. Project warranty; 4. Maintenance manuals; 5. Up to four (4) complete sets of "as built" project drawings 6. Two (2) copies each of procedures of using and maintaining the materials and equipment installed; 7. Executed warranties on installed products and equipment; 8. Material Safety Data Sheets for any material supplied; and 9. Before/In-Progress/After images, labeled to contain Project Name, Project Address, Dates and Cost. H. WARRANTY: 1. Successful Bidder(s) shall submit its manufacturer's warranty that guarantees the usability and playability of the synthetic turf system for its intended uses for up to an eleven (11) year period, commencing with the date of acceptance of the City. 2. The warranty coverage shall be prorated and must have the following characteristics: a) Must provide full coverage for eight (8) years, nine (9) to ten (10) years of 50% coverage and eleven (11) years of 15% coverage from the date of warranty activation. b) Must warrant three (3) years materials and workmanship. c) Must warrant that the materials installed meet or exceed the product specifications and industry standards. d) Must have a provision to repair or replace such portions of the installed materials that are no longer serviceable to maintain a serviceable and playable surface based on industry standards. e) Must be a warranty from a single source covering workmanship, all self-manufactured/produced or procured materials. f) Guarantee the availability of replacement material for the synthetic turf system installed for the full warranty period. Notes: Additional work outside the scope of work shall be reported to the Project Manager or designee prior to commencement. No work shall be completed without the written approval of the Project Manager or Designee. IFB No. 1315386 BID SUBMITTAL FORM FIRM NAME: Top Turf Miami, Inc. Line: 1315386--01-01 Description: SYNAugustine 347 Artificial Turf or Approved Equal. Note: Submit Specification Sheet for Proposed Product. Unit of Measure: Square Foot Manufacturer Model Number SYNLawn SA347 Line: 1315386--01-02 Description: SYNAugustine 547 Artificial Turf or Approved Equal. Note: Submit Specification Sheet for Proposed Product. Unit of Measure: Square Foot Manufacturer Model Number Line: 1315386--01-03 SYNLawn SA547 Description: SYNFescue 343 Artificial Turf or Approved Equal. Note: Submit Specification Sheet for Proposed Product. Unit of Measure: Square Foot Manufacturer SYNLawn Model Number SF343 1 Line: 1315386--01-04 Description: SYNPro 60 Artificial Turf or Approved Equal. Note: Submit Specification Sheet for Proposed Product. Unit of Measure: Square Foot Manufacturer SYN Lawn Model Number SP60 Line: 1315386--01-05 Description: SYNPro 70 Artificial Turf or Approved Equal. Note: Submit Specification Sheet for Proposed Product. Unit of Measure: Square Foot Manufacturer SYN Lawn Model Number SP70 Line: 1315386--01-06 Description: SYNTipede 321 Artificial Turf or Approved Equal. Note: Submit Specification Sheet for Proposed Product. Unit of Measure: Square Foot Manufacturer SYN Lawn Model Number ST321 Line: 1315386--01-07 Description: SYNTipede X43 Artificial Turf or Approved Equal. Note: Submit Specification Sheet for Proposed Product. Unit of Measure: Square Foot Manufacturer SYN Lawn Model Number STX43 2 CERTIFICATE OF COMPLETION THIS IS TO CERTIFY THAT: Jorge Sanz Has successfully completed the Synthetic Turf Council's Certified Turf Installer -Landscape Course and Examination on January 24, 2019 in San Jose del Cabo and is Thus Made a Certified Turf Installer -Landscape (CTI-L) — Non STC Member PRESENTED BY: Ddh eohd, CqF, presideht & CFO TO BE RENEWED ON: Decet?76er31, 2021 G T U Rye C, � Z (n r C,'�. �q (ANDS �4) S Y N LAW Na artificial grass never looked more natural. Attn: City of Miami: Rob Dant SynLawn $.rdant(a)synlawn. com Q 706-263-8558 2680 Abutment Rd. Dalton, GA 30721 8/12/21 Synlawn is the most recognized synthetic turf Brand globally and also carries the distinction of being the largest turnkey network with over 100 Distributor offices. The key to our success is the focused development and support of aforementioned Distributors. SYNLawn's innovations include antimicrobials built throughout the fibers, soy based backings and twelve USDA bio-based systems to fulfill municipal and state sustainability initiatives. Additionally, we remain committed to rigorous growth and this is done primarily through our relationships with Distributors such as Top Turf based in Miami. They are the only authorized Distributer and Installer of SYNLawn products, their address is listed below. Please feel free to reach me at any time. Top Turf / SYNLawn Miami 2701 NW 107 Avenue Miami, FL 33172 Sincerely, Robert Dant Director, SYNLawn Corporate Sales rdant(o-)-synlawn.com 706-263-8558 SYN Pro 60: Economical, US Made product with distinct SYNLawn EnvirolocTM soy based backing ASTM F1292 & ASTM F1951 related testing Limited Lifetime Warranty SYN Pro 70 Economical, US Made product with distinct SYNLawn EnvirolocTM soy based backing ASTM F1292 & ASTM F1951 related testing Limited Lifetime Warranty SYNAugustine 547 — 50oz US Made product with distinct SYNLawn EnvirolocTM soy based backing Enhanced SuperYarnTM fibers: Antimicrobial & Antistatic additives and I reflectors ASTM F1292 HIC 10', ASTM F1951& ASTM E108 Class A (Fire Rating) USDA Certified Bio-Based Product Limited Lifetime Warranty SYNAugustine 347 — 75oz US Made product with distinct SYNLawn EnvirolocTM soy based backing Enhanced SuperYarnTM fibers: Antimicrobial & Antistatic additives and I reflectors ASTM F1292 HIC 10', ASTM F1951& ASTM E108 Class A (Fire Rating) Limited Lifetime Warranty SYN Fescue 343 — 80oz US Made product with distinct SYNLawn EnvirolocTM soy based backing Enhanced SuperYarnTM fibers: Antimicrobial & Antistatic additives and I reflectors ASTM F1292 HIC 10', ASTM F1951& ASTM E108 Class A (Fire Rating) Limited Lifetime Warranty SYNTipede 321 — 80oz US Made product with distinct SYNLawn EnvirolocTM soy based backing Enhanced SuperYarnTM fibers: Antimicrobial & Antistatic additives and I reflectors ASTM F1292 HIC 10', ASTM F1951& ASTM E108 Class A (Fire Rating) Limited Lifetime Warranty SYNTipede 343— 80oz US Made product with distinct SYNLawn EnvirolocTM soy based backing Enhanced SuperYarnTM fibers: Antimicrobial & Antistatic additives and I reflectors ASTM F1292 HIC 10', ASTM F1951 & ASTM E108 Class A (Fire Rating) Limited Lifetime Warranty ADHESIVE — Astrofusion Prot K .5 Gallon Pail . US Made and formulated No VOC's Indoor/Outdoor application Local Business Tax Receipt Miami -Dade County, State of Florida -THIS IS NOT ABILL -DO NOT PAY 7270694 BUSINESS NAMEMOCATION TOP TURF MIAMI INC 2701 NW 107TH AVE DORAL, FL 33172-2128 OWNER TOP TURF MIAMI INC Employee(s) � IGOtJNTY RECEIPT NO. EXPIRES RENEWAL SEPTEMBER 30 2022 7558483 Must be displayed at place of business Pursuant to County Code Chapter 8A — Art. 9 & 10 PAYMENT RECEIVED BY TAX COLLECTOR 45.00 08/ 19/2021 0229-21-004066 Not a Contractor Receipt This Local Business Tax Receipt only confirms payment of the Local Business Tax. The Receipt is not a license, permit, or a certification of the holder's qualifications, to do business. Holder must comply with any governmental or nongovernmental regulatory laws and requirements which apply to the business. The RECEIPT NO. above must be displayed on all commercial vehicles - Miami -Dade Code Sec 8a-276. For more information, visit www.miamidade.aovNaxcollector 9 SEC. TYPE OF BUSINESS 213 SERVICE BUSINESS BILLING CONTACT Camilo Caroso TOP TURF WHOLESALE INC 2701 Nw 107 Ave Doral, FI 33172 Payment Date: 08/20/2021 Reference Number Fee Name Transaction Type Payment Method LO1210 Amount Paid BLCU-000594-2021 BTR001 Business License Fee Fee Payment Credit Card $60.00 CERT200 Certificate of Use Fee Payment Credit Card $957.75 2701 Nw 107 Ave Doral, FL 33172 SUB TOTAL $1,017.75 TOTAL $1,017.75 August 20, 2021 9:33 AM 8401 NW 53rd Terrace, Doral, FL 33166 Page 1 of 1 SKU Grass Zone Yarn/Color Grass Zone Denier Thatch Zone Yarn/Color Thatch Zone Denier Grass Zone Yarn Shape Finished Pile Height Finished Pile Weight Backing Tuft Gauge Total Weight Tuft Bind Permeability Features Test Data SYN 60 PE / Field Green / Apple 10,800 / 6 PE / Field Green / Beige 5,000 / 8 Omega /'S' Shape 1 112" 60 oz. 15 / 18 PP 2-Part / 22oz. EnviroLoc`M 3/8" 88 oz. > 8 I bs. > 300 inches per / SY EnviroLoc", HeatBlock", Deluster, UV Stabilizers ASTM Certified F1292, F1551, F1951 SYNPro 60 LQ Stunning realism at a budget -friendly value make this artificial grass a perfect fit for those seeking premium quality at a economical price. Unmatched Lifetime Warranty EnviroLOC Plant -Based Backing Deluster + UV Protection Artificia Compacted Ag! Geotextile 1 Am L9 IF RECOMMENDED USES, Primary Yarn Polymer Polyethylene Yarn Cross Section Omega VS'Shape Primary Backing 15/18 PP 2-Part Standard Color Field Green / Apple Coating Type 22 oz. EnviroLoc'm Fabric Construction Tufted PE Yarn Denier / Ends 10,800 / 6 Second Yarn Polymer Thatch Polyethylene Texturized Thatch Denier / Ends 5,000 / 8 Secondary Yarn Color Field Green / Beige Warranty Period Limited Lifetime Finish Fabric Pile Height (Nominal) Face Weight Total FabricWeight Primary Backing Weight Secondary Coating Weight Tuft Bind Grab Tear Strength (Average) Total Yarn Linear Density Elongation to Break Yarn Breaking Strength Machine Gauge Flammability Water Permeability Fabric Width English System ASTM Test �r M 1 1/2 inches D-5823 60 ozlydz D-5848 88 oz/ydz D-5848 6 oz/ydz D-5848 22 oz/yd2 D-5848 > 8 lbs. D-1335 > 200 lbs. D-5034 15,800 Denier D-1577 > 30 % D-2256 > 20 lbs. D-5793 3/8 inches D-5793 Passed D-2859 344.31 in/hr D-1551 15 ft SKU SA347 Grass Zone Yarn/Color PE / Field Green / Olive /Apple Grass Zone Denier 9,900 / 9 Thatch Zone Yarn/Color PE / Field Green / Beige Thatch Zone Denier 5,000 / 8 Grass Zone Yarn Shape Soft Omega Finished Pile Height 1 7/8" Finished Pile Weight 75 oz. Backing 15 / 18 PP 2-Part / 22oz. EnviroLoc" Tuft Gauge 3/8" Total Weight 103 oz. Tuf Bind > 8 lbs. Permeability > 400 inches per / SY Features Sanitized, EnviroLoc", StatBlock" Anti -Static, DualChill" IR Reflective, Deluster, UVStabilizers Test Data ASTM El08 Class A Fire Rating, F1292, F1951, IPEMA Certified SYNAugustine 347 Combining beautiful multi -colored grass blades with a dense multi -colored thatch to create a natural appearance with a realistic feel and superior strength. Our softest, most comfortable variety of grass ever created now with Super Yarn TM technology. OUnmatched Lifetime Warranty ® EnviroLoc" Plant -Based Backing Deluster + UV Protection 0A, ASTM E108 Class A Fire Rating SUPER YARN m TECHNOLOGY 7tinitized° DualChillT"StatBlocV' microbial IR Reflective Anti -Static Artificial Grass Fiber Compacted Aggregate Base Geotextile Weed Barrier IF RECOMMENDED USES, Not to scale. For illustration only. ERiIFIEO ASTM A Primary Yarn Polymer Yarn Cross Section Standard Color Fabric Construction Second Yarn Polymer Thatch Secondary Yarn Color Finish Fabric Pile Height (Nominal) Face Weight Total FabricWeight Primary Backing Weight Secondary Coating Weight Tuft Bind Grab Tear Strength (Average) Total Yarn Linear Density Elongation to Break Yarn Breaking Strength Machine Gauge Flammability Water Permeability Fabric Width Polyethylene Soft Omega Field Green / Olive / Apple Tufted Polyethylene Field Green / Beige Primary Backing 15/18 PP 2-Part Coating Type 22 oz. Envirol-ocTM PE Yarn Denier / Ends 9,900 / 9 Texturized Thatch Denier / Ends 5,000 / 8 Warranty Period Limited Lifetime English System ASTM Test �r M 1 7/8 inches D-5823 75 oz/ydz D-5848 103 oz/ydz D-5848 6 oz/ydz D-5848 22 oz/yd2 D-5848 > 8 lbs. D-1335 > 200 lbs. D-5034 14,900 Denier D-1577 > 30 % D-2256 > 20 lbs. D-5793 3/8 inches D-5793 Passed D-2859 413.17 in/hr D-1551 15 ft SKU Grass Zone Yarn/Color Grass Zone Denier Thatch Zone Yarn/Color Thatch Zone Denier Grass Zone Yarn Shape Finished Pile Height Finished Pile Weight Backing Tuft Gauge Total Weight Tuft Bind Permeability Features Test Data SA547 PE / Field Green / Olive /Apple 9,900 / 9 PE / Field Green / Beige 5,000 / 8 Soft Omega 1 3/8" 50 oz. 15 / 18 PP 2-Part / 22oz. EnviroLoc" o: 78 oz. > 8 I bs. > 400 inches per / SY Sanitized, EnviroLoc", StatBlock" Anti -Static, DualChill" IR Reflective, Deluster, UV Stabilizers USDA Certified BioBased Product, ASTM El08 Class A Fire Rating, ASTM F1292, F1951 USDA CERTIFIED BIOBASED PRODUCT PRODUCT 7% SYNAugustine 547 USDA Certified Bio-based product using Super YarnTI technology to create a soft, environmentally friendly artificial grass variety that is as stunning as it is sustainable and economical. OUnmatched Lifetime Warranty EnviroLoc" Plant -Based Backing Deluster + UV Protection ASTM E108 Class A Fire Rating SUPER YARN m TECHNOLOGY,, — Sanitized' DualChill— StatBlocV Antimicrobial IR Reflective Anti -Static Artificial Grass Fiber Compacted Aggregate Base Geotextile Weed Barrier RECOMMENDED USES, Not to scale. For illustration only. Primary Yarn Polymer Yarn Cross Section Standard Color Fabric Construction Second Yarn Polymer Thatch Secondary Yarn Color Finish Fabric Pile Height (Nominal) Face Weight Total FabricWeight Primary Backing Weight Secondary Coating Weight Tuft Bind Grab Tear Strength (Average) Total Yarn Linear Density Elongation to Break Yarn Breaking Strength Machine Gauge Flammability Water Permeability Fabric Width Polyethylene Soft Omega Field Green / Olive / Apple Tufted Polyethylene Field Green / Beige Primary Backing 15/18 PP 2-Part Coating Type 22 oz. Envirol-ocTM PE Yarn Denier / Ends 9,900 / 9 Texturized Thatch Denier / Ends 5,000 / 8 Warranty Period Limited Lifetime English System ASTM Test �r M 1 3/8 inches D-5823 50 oz/ydz D-5848 78 oz/ydz D-5848 6 oz/ydz D-5848 22 oz/yd2 D-5848 > 8 lbs. D-1335 > 200 lbs. D-5034 14,900 Denier D-1577 > 30 % D-2256 > 20 lbs. D-5793 3/8 inches D-5793 Passed D-2859 447.81 in/hr D-1551 15 ft SKU SF343 Grass Zone Yarn/Color PE/Field Green/Apple Grass Zone Denier 10,800 / 6 Thatch Zone Yarn/Color PE / Field Green / Beige Thatch Zone Denier 5,000 / 8 Grass Zone Yarn Shape Omega Finished Pile Height 2" Finished Pile Weight 80 oz. Backing 15 / 18 PP 2-Part / 22oz. EnviroLoc" Tuft Gauge 3/8" Total Weight 108 oz. Tuft Bind > 8 lbs. Permeability > 1,000 inches per/ SY Features Sanitized", EnviroLoc", StatBlock" Anti -Static, DualChill" IR Reflective, Deluster, UVStabilizers Test Data ASTM El08 Class Fire Rating, F1292, F1551, F1951, IPEMA Certified SYNFescue 343 Offering superior dimensional strength and stability while remaining easy on the eyes and wallet. Incorporating Super Yarn" technology, this landscape grass offers extreme flexibility and durability, creating the perfect solution for multiple applications. OUnmatched Lifetime Warranty ® EnviroLoc" Plant -Based Backing Deluster + UV Protection 0A, ASTM E108 Class A Fire Rating SUPER YARN Tm TECHNOLOGY Sanitized' DualChillT" StatBlocV' Antimicrobial IR Reflective Anti -Static Artificial Grass Fiber Compacted Aggregate Base Geotextile Weed Barrier RECOMMENDED USES, Not to scale. For illustration only. ERiIFIEO ASTM A Primary Yarn Polymer Polyethylene Yarn Cross Section Omega Standard Color Field Green / Apple Fabric Construction Tufted Second Yarn Polymer Thatch Polyethylene Secondary Yarn Color Field Green / Beige Finish Fabric Pile Height (Nominal) Face Weight Total FabricWeight Primary Backing Weight Secondary Coating Weight Tuft Bind Grab Tear Strength (Average) Total Yarn Linear Density Elongation to Break Yarn Breaking Strength Machine Gauge Flammability Water Permeability Fabric Width Primary Backing 15/18 PP 2-Part Coating Type 22 oz. Envirol-ocTM PE Yarn Denier / Ends 10,800 / 6 Texturized Thatch Denier / Ends 5,000 / 8 Warranty Period Limited Lifetime English System ASTM Test �r M 2 inches D-5823 80 oz/ydz D-5848 108 oz/ydz D-5848 6 oz/ydz D-5848 22 oz/yd2 D-5848 > 8 lbs. D-1335 > 200 lbs. D-5034 15,800 Denier D-1577 > 30 % D-2256 > 20 lbs. D-5793 3/8 inches D-5793 Passed D-2859 > 1,000 in/hr D-1551 15 ft SKU Grass Zone Yarn/Color Grass Zone Denier Thatch Zone Yarn/Color Thatch Zone Denier Grass Zone Yarn Shape Finished Pile Height Finished Pile Weight Backing Tuft Gauge Total Weight Tuft Bind Permeability Features Test Data SYN70 PE / Field Green / Apple 10,800 / 6 PE / Field Green / Beige 5,000 / 8 Omega /'S' Shape 2° 70 oz. 15 / 18 PP 2-Part / 22oz. EnviroLoc`M 3/8" 98 oz. > 8 I bs. > 300 inches per / SY EnviroLoc", HeatBlock", Deluster, UV Stabilizers ASTM Certified F1292, F1551, F1951 SYNPro 70 Top-quality artificial turf at an affordable price, this synthetic grass variety provides stunning realism at a budget -friendly value that is sure to make the neighborhood turn green with envy. OUnmatched Lifetime Warranty EnviroLoc-" Plant -Based Backing Deluster + UV Protection Artificial Grass Fiber Compacted Aggregate Base Geotextile Weed Barrier IF RECOMMENDED USES, J L PLA I Primary Yarn Polymer Polyethylene Yarn Cross Section Omega VS'Shape Standard Color Field Green / Apple Fabric Construction Tufted Second Yarn Polymer Thatch Polyethylene Secondary Yarn Color Field Green / Beige Finish Fabric Pile Height (Nominal) Face Weight Total FabricWeight Primary Backing Weight Secondary Coating Weight Tuft Bind Grab Tear Strength (Average) Total Yarn Linear Density Elongation to Break Yarn Breaking Strength Machine Gauge Flammability Water Permeability Fabric Width Primary Backing 15 / 18 2-Part PP Coating Type 22 oz. Envirol-ocTM PE Yarn Denier / Ends 10,800 / 6 Texturized Thatch Denier / Ends 5,000 / 8 Warranty Period Limited Lifetime English System ASTM Test �r M 2 inches D-5823 70 oz/ydz D-5848 98 oz/ydz D-5848 6 oz/ydz D-5848 22 oz/yd2 D-5848 > 8 lbs. D-1335 > 200 lbs. D-5034 15,800 Denier D-1577 > 60 % D-2256 > 19 lbs. D-5793 3/8 inches D-5793 Passed D-2859 344.31 in/hr D-1551 15 ft 1 4; SKU Grass Zone Yarn/Color Grass Zone Denier Thatch Zone Yarn/Color Thatch Zone Denier Grass Zone Yarn Shape Finished Pile Height Finished Pile Weight Backing Tuft Gauge Total Weight Tuft Bind Permeability Features Test Data ST321 PE / Field Green / Apple 10,800 / 6 PE / Turf Green 5,000 / 8 Omega 1 1 /2" 80 oz. 15 / 18 PP 2-Part / 22oz. EnviroLoc" 3/8" 108 oz. > 8 I bs. > 400 inches per / SY Sanitized, EnviroLoc", StatBlock" Anti -Static, DualChill" IR Reflective, Deluster, UVStabilizers ASTM Certified F1292, F1551, F1951, IPEMA Certified SYNTIpede 321 Just like its natural counterpart, SYNTipede is known for being tough. The tallest in the collection including Super Yarn TM technology creating a durable surface perfect for active children and pets. ASTM E108 Class A Fire -Rated provides peace of mind for all types of projects. OUnmatched Lifetime Warranty EnviroLOC Plant -Based Backing Deluster + UV Protection A Sanitized' DualChillT" Antimicrobial IR Reflective Artificial Grass Fiber Compacted Aggregate Base Geotextile Weed Barrier 1777 ICI 1 IF RECOMMENDED USES, StatBloc:V Anti -Static Primary Yarn Polymer Polyethylene Yarn Cross Section Omega Primary Backing 15/18 PP 2-Part Standard Color Field Green / Apple Coating Type 22 oz. EnviroLocTM Fabric Construction Tufted PE Yarn Denier / Ends 10,800 / 6 Second Yarn Polymer Thatch Polyethylene Texturized Thatch Denier / Ends 5,000 / 8 Secondary Yarn Color Turf Green Warranty Period Limited Lifetime Finish Fabric English System ASTM Test �r M Pile Height (Nominal) 1 1/2 inches D-5823 Face Weight 80 oz/ydz D-5848 Total Fabric Weight 108 oz/yd2 D-5848 Primary Backing Weight 6 oz/ydz D-5848 Secondary Coating Weight 22 oz/yd2 D-5848 Tuft Bind > 8 lbs. D-1335 Grab Tear Strength (Average) > 200 lbs. D-5034 Total Yarn Linear Density 15,800 Denier D-1577 Elongation to Break > 30 % D-2256 Yarn Breaking Strength > 20 lbs. D-5793 Machine Guage 3/8 inches D-5793 Flammability Passed D-2859 Water Permeability > 400 in/hr D-1551 Fabric Width 15 ft SKU STX43 Grass Zone Yarn/Color PE/Field Green/Apple Grass Zone Denier 10,800 / 6 Thatch Zone Yarn/Color PE / Field Green / Beige Thatch Zone Denier 5,000 / 8 Grass Zone Yarn Shape Omega Finished Pile Height 1 1 /2" Finished Pile Weight 100 oz. Backing 15 / 18 PP 2-Part / 22oz. EnviroLoc" Tuft Gauge 3/8" Total Weight 128 oz. Tuft Bind > 8 lbs. Permeability > 600 inches per / SY Features Sanitized, EnviroLoc", StatBlock" Anti -Static, DualChill" IR Reflective, Deluster, UVStabilizers Test Data ASTM El08 Class A Fire Rating, F1292, F1551, F1951 SYNTIpede X43 Unmatched durability with an unexpected soft touch makes this turf variety using Super YarnTm an ideal selection for high foot traffic applications, including school playgrounds, public parks, and multiple commercial uses. Unmatched Lifetime Warranty EnviroLoc" Plant -Based Backing Deluster + UV Protection `,j ASTM E108 Class A Fire Rating SUPER YARN m TECHNOLOGY,, - Sanitized' DualChilIT" StatBlocV' Antimicrobial IR Reflective Anti -Static Artificial Grass Fiber Compacted Aggregate Base Geotextile Weed Barrier IF RECOMMENDED USES, Not to scale. For illustration only. Primary Yarn Polymer Polyethylene Yarn Cross Section Omega Primary Backing 15/18 PP 2-Part Standard Color Field Green / Apple Coating Type 22 oz. Envirol-ocTM Fabric Construction Tufted PE Yarn Denier / Ends 10,800 / 6 Second Yarn Polymer Thatch Polyethylene Texturized Thatch Denier / Ends 5,000 / 8 Secondary Yarn Color Field Green / Beige Warranty Period Limited Lifetime Finish Fabric Pile Height (Nominal) Face Weight Total FabricWeight Primary Backing Weight Secondary Coating Weight Tuft Bind Grab Tear Strength (Average) Total Yarn Linear Density Elongation to Break Yarn Breaking Strength Machine Gauge Flammability Water Permeability Fabric Width English System ASTM Test �r M 1 1/2 inches D-5823 100 oz/ydz D-5848 128 oz/yd2 D-5848 6 oz/ydz D-5848 22 oz/yd2 D-5848 > 8 lbs. D-1335 > 200 lbs. D-5034 15,800 Denier D-1577 > 30 % D-2256 > 20 lbs. D-5793 3/8 inches D-5793 Passed D-2859 > 600 in/hr D-1551 15 ft City of Miami Solicitation 1315386 Solicitation 1315386 Furnish and Installation of Artificial Turf - Citywide Solicitation Designation: Public City of Miami 8/12/2021 9:15 AM P. 1 City of Miami Solicitation 1315386 Solicitation 1315386 Furnish and Installation of Artificial Turf - Citywide Solicitation Number 1315386 Solicitation Title Furnish and Installation of Artificial Turf- Citywide Solicitation Start Date Jul 21, 2021 8:15:11 AM EDT Solicitation End Date Aug 23, 2021 3:00:00 PM EDT Question & Answer End Aug 2, 2021 3:00:00 PM EDT Date Solicitation Contact Cristiane Lima 305-416-1904 clima@miamigov.com Contract Duration See Specifications Contract Renewal 1 annual renewal Prices Good for 30 days Pre -Solicitation Conference Jul 28, 2021 11:00:00 AM EDT Attendance is optional Location: Via Microsoft Teams Meeting +1 786-598-2961 United States, Miami (Toll) Conference ID: 235 605 274# Solicitation Comments THE PURPOSE OF THIS SOLICITATION IS TO ESTABLISH A CONTRACT, FOR THE FURNISH AND INSTALLATION OF ARTIFICIAL TURF CITYWIDE, ON AN AS NEEDED BASIS. FAILURE TO SUBMIT, COMPLETE, AND/OR SIGN THE FOLLOWING DOCUMENTS SHALL RENDER YOUR BID NON -RESPONSIVE. 1. THE CERTIFICATION STATEMENT; 2. CERTIFICATIONS SECTION; 3. BID SUBMITTAL FORM; 3. PRODUCT SPECIFICATION SHEET; 4. MANUFACTURER'S AUTHORIZATION LETTER; AND 5. SYNTHETIC TURF INSTALLER CERTIFICATE. ALL UPLOADS SHALL BE IN PDF FILE FORMAT, NO OTHER FILE FORMATS WILL BE ACCEPTED BY THE CITY. ATTACHMENT FILES SHALL BE NO MORE THAN 250MB IN SIZE EACH, SHOULD THERE BE A NEED FOR A LARGER SIZE FILE TO BE UPLOADED SPLIT IN MULTIPLE FILES. CONTACT BIDSYNC VENDOR SUPPORT TOLL -FREE NUMBER 800-990-9339, OR SUPPORT.BIDSYNC.COM, EMAIL SUPPORT@BIDSYNC.COM, FOR BIDSYNC TECHNICAL DIFFICULTIES AND PROBLEMS. Addendum # 1 8/12/2021 9:15 AM p. 2 City of Miami Solicitation 1315386 Changes were made to the following items: SYNAugustine 347 Artificial Turf or Approved Equal. SYNAugustine 347 Artificial Turf or Approved Equal (1 to 100 sq. ft). SYNAugustine 547 Artificial Turf or Approved Equal. SYNAugustine 347 Artificial Turf or Approved Equal (100 to 1000 sq. ft). SYNFescue 343 Artificial Turf or Approved Equal. SYNAugustine 347 Artificial Turf or Approved Equal (Over 1000 sq. ft). SYNPro 60 Artificial Turf or Approved Equal. SYNAugustine 547 Artificial Turf or Approved Equal (1 to 100 sq. ft). SYNPro 70 Artificial Turf or Approved Equal. SYNAugustine 547 Artificial Turf or Approved Equal (100 to 1000 sq. ft). SYNTipede 321 Artificial Turf or Approved Equal. SYNAugustine 547 Artificial Turf or Approved Equal (Over 1000 sq. ft). SYNTipede X43 Artificial Turf or Approved Equal. SYNFescue 343 Artificial Turf or Approved Equal (1 to 100 sq. ft). Artificial Turf Installation SYNFescue 343 Artificial Turf or Approved Equal (100 to 1000 sq. ft). SYNFescue 343 Artificial Turf or Approved Equal (Over 1000 sq. ft). SYNPro 60 Artificial Turf or Approved Equal (1 to 100 sq. ft). SYNPro 60 Artificial Turf or Approved Equal (100 to 1000 sq. ft). SYNPro 60 Artificial Turf or Approved Equal (Over 1000 sq. ft). SYNPro 70 Artificial Turf or Approved Equal (1 to 100 sq. ft). SYNPro 70 Artificial Turf or Approved Equal (100 to 1000 sq. ft). SYNPro 70 Artificial Turf or Approved Equal (Over 1000 sq. ft). SYNTipede 321 Artificial Turf or Approved Equal (1 to 100 sq. ft). SYNTipede 321 Artificial Turf or Approved Equal (100 to 1000 sq. ft). SYNTipede 321 Artificial Turf or Approved Equal (Over 1000 sq. ft). SYNTipede X43 Artificial Turf or Approved Equal (1 to 100 sq. ft). SYNTipede X43 Artificial Turf or Approved Equal (100 to 1000 sq. ft). SYNTipede X43 Artificial Turf or Approved Equal (Over 1000 sq. ft). Artificial Turf Installation (1 to 100 sq. ft). Artificial Turf Installation (100 to 1000 sq. ft). Artificial Turf Installation (Over 1000 sq. ft). Addendum # 2 F0 "I M Item Response Form Item 1315386--01-01 - SYNAugustine 347 Artificial Turf or Approved Equal (1 to 100 sq. ft). Quantity 1 square foot Unit Price 8/12/2021 9:15 AM p. 3 City of Miami Solicitation 1315386 Delivery Location City of Miami No Location Specified Qty 1 Expected Expenditure $1.00 Description The bidder shall quote a firm fixed price for 1 to 100 square foot of SYNAugustine 347 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal' please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Addendum # 1 Item 1315386--01-02 - SYNAugustine 347 Artificial Turf or Approved Equal (100 to 1000 sq. ft). Quantity 1 square foot Unit Price Delivery Location City of Miami No Location Specified Qty 1 Description The bidder shall quote a firm fixed price for 100 to 1000 square foot of SYNAugustine 347 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal' please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Addendum # 1 Item 1315386--01-03 - SYNAugustine 347 Artificial Turf or Approved Equal (Over 1000 sq. ft). Quantity 1 square foot Unit Price Delivery Location City of Miami No Location Specified Qty 1 Description The bidder shall quote a firm fixed price for over 1000 square foot of SYNAugustine 347 Artificial Turf or Approved Equal. The price is for square 8/12/2021 9:15 AM p. 4 City of Miami foot. Solicitation 1315386 NOTE: For "Approved Equal' please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Addendum # 1 Previous Title New Title SYNAugustine 347 Artificial Turf or Approved Equal (Over 1000 sq. ft). Added Item Item 1315386--01-04 - SYNAugustine 547 Artificial Turf or Approved Equal (1 to 100 sq. ft). Quantity 1 square foot Unit Price Delivery Location City of Miami No Location Specified Qty 1 Description The bidder shall quote a firm fixed price for 1 to 100 square foot of SYNAugustine 547 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal' please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Addendum # 1 Item 1315386--01-05 - SYNAugustine 547 Artificial Turf or Approved Equal (100 to 1000 sq. ft). Quantity 1 square foot Unit Price Delivery Location City of Miami No Location Specified Qty 1 Description The bidder shall quote a firm fixed price for 100 to 1000 square foot of SYNAugustine 547 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal' please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Addendum # 1 8/12/2021 9:15 AM P. 5 City of Miami Solicitation 1315386 SYNAugustine 547 Artificial Turf or Approved Equal (100 to 1000 sq. ft). Item 1315386--01-06 - SYNAugustine 547 Artificial Turf or Approved Equal (Over 1000 sq. ft). Quantity 1 square foot Unit Price Delivery Location City of Miami No Location Specified Qty 1 Description The bidder shall quote a firm fixed price for over 1000 square foot of SYNAugustine 547 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal " please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Addendum # 1 Item 1315386--01-07 - SYNFescue 343 Artificial Turf or Approved Equal (1 to 100 sq. ft). Quantity 1 square foot Unit Price Delivery Location City of Miami No Location Specified Qty 1 Description The bidder shall quote a firm fixed price for 1 to 100 square foot of SYNFescue 343 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal' please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Addendum # 1 Item 1315386--01-08 - SYNFescue 343 Artificial Turf or Approved Equal (100 to 1000 sq. ft). Quantity 1 square foot 8/12/2021 9:15 AM p. 6 City of Miami Solicitation 1315386 Unit Price Delivery Location City of Miami No Location Specified Qty 1 Description The bidder shall quote a firm fixed price for 100 to 1000 square foot of SYNFescue 343 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal' please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Addendum # 1 Previous Title New Title SYNFescue 343 Artificial Turf or Approved Equal (100 to 1000 sq. ft). Added Item Item 1315386--01-09 - SYNFescue 343 Artificial Turf or Approved Equal (Over 1000 sq. ft). Quantity 1 square foot Unit Price Delivery Location City of Miami No Location Specified Qty 1 Description The bidder shall quote a firm fixed price for over 1000 square foot of SYNFescue 343 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal " please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Addendum # 1 Previous Title Added Item New Title SYNFescue 343 Artificial Turf or Approved Equal (Over 1000 sq. ft). Item 1315386--01-10 - SYNPro 60 Artificial Turf or Approved Equal (1 to 100 sq. ft). Quantity 1 square foot Unit Price Delivery Location City of Miami No Location Specified Qty 1 Description The bidder shall quote a firm fixed price for 1 to 100 square foot of SYNPro 60 Artificial Turf or Approved Equal. The price is for square foot. 8/12/2021 9:15 AM p. 7 City of Miami Solicitation 1315386 NOTE: For "Approved Equal' please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Addendum # 1 Item 1315386--01-11 - SYNPro 60 Artificial Turf or Approved Equal (100 to 1000 sq. ft). Quantity 1 square foot Unit Price Delivery Location City of Miami No Location Specified Qty 1 Description The bidder shall quote a firm fixed price for 100 to 1000 square foot of SYNPro 60 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal' please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Addendum # 1 Item 1315386--01-12 - SYNPro 60 Artificial Turf or Approved Equal (Over 1000 sq. ft). Quantity 1 square foot Unit Price Delivery Location City of Miami No Location Specified Qty 1 Description The bidder shall quote a firm fixed price for over 1000 square foot of SYNPro 60 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal " please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Addendum # 1 Previous Title Added Item New Title SYNPro 60 Artificial Turf or Approved Equal (Over 1000 sq. ft). 8/12/2021 9:15 AM p. 8 City of Miami Solicitation 1315386 Item 1315386--01-13 - SYNPro 70 Artificial Turf or Approved Equal (1 to 100 sq. ft). Quantity 1 square foot Unit Price Delivery Location City of Miami No Location Specified Qty 1 Description The bidder shall quote a firm fixed price for 1 to 100 square foot of SYNPro 70 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal' please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Addendum # 1 Item 1315386--01-14 - SYNPro 70 Artificial Turf or Approved Equal (100 to 1000 sq. ft). Quantity 1 square foot Unit Price Delivery Location City of Miami No Location Specified Qty 1 Description The bidder shall quote a firm fixed price for 100 to 1000 square foot of SYNPro 70 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal' please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Addendum # 1 Item Quantity Unit Price Delivery Location 1315386--01-15 - SYNPro 70 Artificial Turf or Approved Equal (Over 1000 sq. ft). 1 square foot F City of Miami No Location Specified Qty 1 8/12/2021 9:15 AM P. 9 City of Miami Solicitation 1315386 Description The bidder shall quote a firm fixed price for over to 1000 square foot of SYNPro 70 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal " please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Addendum # 1 Previous Title New Title SYNPro 70 Artificial Turf or Approved Equal (Over 1000 sq. ft). Added Item Item 1315386--01-16 - SYNTipede 321 Artificial Turf or Approved Equal (1 to 100 sq. ft). Quantity 1 square foot Unit Price Delivery Location City of Miami No Location Specified Qty 1 Description The bidder shall quote a firm fixed price for 1 to 100 square foot of SYNTipede 321 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal' please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Addendum # 1 Previous Title New Title SYNTipede 321 Artificial Turf or Approved Equal (1 to 100 sq. ft). Added Item Item 1315386--01-17 - SYNTipede 321 Artificial Turf or Approved Equal (100 to 1000 sq. ft). Quantity 1 square foot Unit Price Delivery Location City of Miami No Location Specified Qty 1 Description The bidder shall quote a firm fixed price for 100 to 1000 square foot of SYNTipede 321 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal' please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Addendum # 1 New Title SYNTipede 321 Artificial Turf or Approved Equal 8/12/2021 9:15 AM P. 10 City of Miami (100 to 1000 sq. ft). Solicitation 1315386 Added Item Item 1315386--01-18 - SYNTipede 321 Artificial Turf or Approved Equal (Over 1000 sq. ft). Quantity 1 square foot Unit Price Delivery Location City of Miami No Location Specified Qty 1 Description The bidder shall quote a firm fixed price for over 1000 square foot of SYNTipede 321 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal " please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Addendum # 1 SYNTipede 321 Artificial Turf or Approved Equal Item 1315386--01-19 - SYNTipede X43 Artificial Turf or Approved Equal (1 to 100 sq. ft). Quantity 1 square foot Unit Price Delivery Location City of Miami No Location Specified Qty 1 Description The bidder shall quote a firm fixed price for 1 to 100 square foot of SYNTipede X43 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal' please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Addendum # 1 Previous Title New Title SYNTipede X43 Artificial Turf or Approved Equal (1 to 100 sq. ft). Added Item Item 1315386--01-20 - SYNTipede X43 Artificial Turf or Approved Equal (100 to 1000 sq. ft). Quantity 1 square foot Unit Price 8/12/2021 9:15 AM P. 11 City of Miami Solicitation 1315386 Delivery Location City of Miami No Location Specified Qty 1 Description The bidder shall quote a firm fixed price for 100 to 1000 square foot of SYNTipede X43 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal' please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Addendum # 1 Previous Title Added Item New Title SYNTipede X43 Artificial Turf or Approved Equal (100 to 1000 sq. ft). Item 1315386--01-21 - SYNTipede X43 Artificial Turf or Approved Equal (Over 1000 sq. ft). Quantity 1 square foot Unit Price Delivery Location City of Miami No Location Specified Qty 1 Description The bidder shall quote a firm fixed price for over 1000 square foot of SYNTipede X43 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal " please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Addendum # 1 Previous Title New Title SYNTipede X43 Artificial Turf or Approved Equal (Over 1000 sq. ft). Added Item Item 1315386--01-22 - Artificial Turf Installation (1 to 100 sq. ft). Quantity 1 square foot Unit Price Delivery Location City of Miami No Location Specified Qty 1 Description Total Price, Inclusive all labor, materials, tools, staging, fees, licenses, any and all necessary; tests, bonds, shop drawings, permits, professional services licensed in the State of Florida, inspections, hoisting, hauling, equipment, temporary fencing, signage, and supervision to install 1 to 100 square foot of artificial turf. Pursuant to Section 3.1, Specification/Scope of Work. 8/12/2021 9:15 AM p. 12 Addendum # 1 City of Miami Solicitation 1315386 Previous Title Added Item Item Quantity Unit Price Delivery Location New Title Artificial Turf Installation (1 to 100 sq. ft). 1315386--01-23 - Artificial Turf Installation (100 to 1000 sq. ft). 1 square foot City of Miami No Location Specified Qty 1 Description Total Price, Inclusive all labor, materials, tools, staging, fees, licenses, any and all necessary; tests, bonds, shop drawings, permits, professional services licensed in the State of Florida, inspections, hoisting, hauling, equipment, temporary fencing, signage, and supervision to install 100 to 1000 square foot of artificial turf. Pursuant to Section 3.1, Specification/Scope of Work. Addendum # 1 Previous Title New Title Artificial Turf Installation (100 to 1000 sq. ft). Added Item Item 1315386--01-24 - Artificial Turf Installation (Over 1000 sq. ft). Quantity 1 square foot Unit Price Delivery Location City of Miami No Location Specified Qty 1 Description Total Price, Inclusive all labor, materials, tools, staging, fees, licenses, any and all necessary; tests, bonds, shop drawings, permits, professional services licensed in the State of Florida, inspections, hoisting, hauling, equipment, temporary fencing, signage, and supervision to install over 1000 square foot of artificial turf. Pursuant to Section 3.1, Specification/Scope of Work. Addendum # 1 New Title Artificial Turf Installation (Over 1000 sq. ft). 8/12/2021 9:15 AM p. 13 City of Miami Solicitation 1315386 Tlitia of 'ffiittmi ANNIE PEREZ, CPPO Director of Procurement ADDENDUM NO. 2 IFB No. 1315386 ARTHUR NORIEGA V. City Manager August 12, 2021 Invitation For Bid ("IFB") for Furnish and Installation of Artificial Turf - Citywide TO: ALL PROSPECTIVE BIDDERS: The following changes, additions, clarifications, and deletions amend the IFB documents of the above captioned IFB and shall become an integral part of the Contract Documents. Deletions of contract language will be specified herein. Bold words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein and reflect same on the documents you have on hand. The IFB's closing date and time has been changed to Monday, August 23, 2021, at 3:00 P.M. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE IFB AND SHALL BE MADE A PART THEREOF. Annie Perez, CPPO Director of Procurement/Chief Procurement Officer City of Miami Procurement Department AP:cl Cc: IFB File 8/12/2021 9:15 AM p. 14 City of Miami Solicitation 1315386 Tlitia of ffiiami ANNIE PEREZ, CPPO Director of Procurement ADDENDUM NO. 1 IFB No. 1315386 ARTHUR NORIEGA V. City Manager August 6, 2021 Invitation For Bid ("IFB") for Furnish and Installation of Artificial Turf - Citywide TO: ALL PROSPECTIVE BIDDERS: The following changes, additions, clarifications, and deletions amend the IFB documents of the above captioned IFB and shall become an integral part of the Contract Documents. Deletions of contract language will be specified herein. Bold words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein and reflect same on the documents you have on hand. A. Line Item Nos. 1315386--01-01, 1315386--01-02, 1315386--01-03, 1315386--01-04, 1315386--01- 05, 1315386--01-06, 1315386--01-07 and 1315386--01-08 are hereby deleted in their entirety and are replaced with the following: Line: 1315386--01-01- SYNAugustine 347 Artificial Turf or Approved Equal (1 to 100 sq. ft). Quantity: 1 square foot Description: The bidder shall quote a firm fixed price for 1 to 100 square foot of SYNAugustine 347 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal" please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Line: 1315386--01-02- SYNAugustine 347 Artificial Turf or Approved Equal (100 to 1000 sq. ft). Quantity: 1 square foot Description: The bidder shall quote a firm fixed price for 100 to 1000 square foot of SYNAugustine 347 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal" please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Line: 1315386--01-03- SYNAugustine 347 Artificial Turf or Approved Equal (Over 1000 sq. ft). Quantity: 1 square foot 8/12/2021 9:15 AM P. 15 City of Miami Solicitation 1315386 Description: The bidder shall quote a firm fixed price for over 1000 square foot of SYNAugustine 347 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal" please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Line: 1315386--01-04- SYNAugustine 547 Artificial Turf or Approved Equal (1 to 100 sq. ft). Quantity: 1 square foot Description: The bidder shall quote a firm fixed price for 1 to 100 square foot of SYNAugustine 547 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal" please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Line: 1315386--01-05- SYNAugustine 547 Artificial Turf or Approved Equal (100 to 1000 sq. ft). Quantity: 1 square foot Description: The bidder shall quote a firm fixed price for 100 to 1000 square foot of SYNAugustine 547 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal" please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Line: 1315386--01-06- SYNAugustine 547 Artificial Turf or Approved Equal (Over 1000 sq. ft). Quantity: 1 square foot Description: The bidder shall quote a firm fixed price for over 1000 square foot of SYNAugustine 547 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal " please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Line: 1315386--01-07- SYNFescue 343 Artificial Turf or Approved Equal (1 to 100 sq. ft). Quantity: 1 square foot Description: The bidder shall quote a firm fixed price for 1 to 100 square foot of SYNFescue 343 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal" please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Line: 1315386--01-08- SYNFescue 343 Artificial Turf or Approved Equal (100 to 1000 sq. ft). Quantity: 1 square foot 2 8/12/2021 9:15 AM p. 16 City of Miami Solicitation 1315386 Description: The bidder shall quote a firm fixed price for 100 to 1000 square foot of SYN Fescue 343 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal" please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. B. Line Item Nos. 1315386--01-09, 1315386--01-10, 1315386--01-11, 1315386--01-12, 1315386--01- 13, 1315386--01-14, 1315386--01-15, 1315386--01-16, 1315386--01-17, 1315386--01-18, 1315386- -01-19, 1315386--01-20, 1315386--01-21, 1315386--01-22 and 1315386--01-23 are hereby added: Line: 1315386--01-09- SYNFescue 343 Artificial Turf or Approved Equal (Over 1000 sq. ft). Quantity: 1 square foot Description: The bidder shall quote a firm fixed price for over 1000 square foot of SYN Fescue 343 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For " Approved Equal " please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Line: 1315386--01-10- SYNPro 60 Artificial Turf or Approved Equal (1 to 100 sq. ft). Quantity: 1 square foot Description: The bidder shall quote a firm fixed price for 1 to 100 square foot of SYNPro 60 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal" please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Line: 1315386--01-11- SYNPro 60 Artificial Turf or Approved Equal (100 to 1000 sq. ft). Quantity: 1 square foot Description: The bidder shall quote a firm fixed price for 100 to 1000 square foot of SYNPro 60 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal" please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Line: 1315386--01-12- SYNPro 60 Artificial Turf or Approved Equal (Over 1000 sq. ft). Quantity: 1 square foot Description: The bidder shall quote a firm fixed price for over 1000 square foot of SYNPro 60 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal " please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. 3 8/12/2021 9:15 AM p. 17 City of Miami Solicitation 1315386 Line: 1315386--01-13- SYNPro 70 Artificial Turf or Approved Equal (1 to 100 sq. ft). Quantity: 1 square foot Description: The bidder shall quote a firm fixed price for 1 to 100 square foot of SYNPro 70 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal" please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Line: 1315386--01-14- SYNPro 70 Artificial Turf or Approved Equal (100 to 1000 sq. ft). Quantity: 1 square foot Description: The bidder shall quote a firm fixed price for 100 to 1000 square foot of SYNPro 70 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal" please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Line: 1315386--01-15- SYNPro 70 Artificial Turf or Approved Equal (Over 1000 sq. ft). Quantity: 1 square foot Description: The bidder shall quote a firm fixed price for over to 1000 square foot of SYNPro 70 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal " please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Line: 1315386--01-16- SYNTipede 321 Artificial Turf or Approved Equal (1 to 100 sq. ft). Quantity: 1 square foot Description: The bidder shall quote a firm fixed price for 1 to 100 square foot of SYNTipede 321 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal" please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Line: 1315386--01-17- SYNTipede 321 Artificial Turf or Approved Equal (100 to 1000 sq. ft). Quantity: 1 square foot Description: The bidder shall quote a firm fixed price for 100 to 1000 square foot of SYNTipede 321 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal" please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Line: 1315386--01-18- SYNTipede 321 Artificial Turf or Approved Equal (Over 1000 sq. ft). Quantity: 1 square foot In 8/12/2021 9:15 AM p. 18 City of Miami Solicitation 1315386 Description: The bidder shall quote a firm fixed price for over 1000 square foot of SYNTipede 321 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal " please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Line: 1315386--01-19- SYNTipede X43 Artificial Turf or Approved Equal (1 to 100 sq. ft). Quantity: 1 square foot Description: The bidder shall quote a firm fixed price for 1 to 100 square foot of SYNTipede X43 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal" please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Line: 1315386--01-20- SYNTipede X43 Artificial Turf or Approved Equal (100 to 1000 sq. ft). Quantity: 1 square foot Description: The bidder shall quote a firm fixed price for 100 to 1000 square foot of SYNTipede X43 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal" please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Line: 1315386--01-21- SYNTipede X43 Artificial Turf or Approved Equal (Over 1000 sq. ft). Quantity: 1 square foot Description: The bidder shall quote a firm fixed price for over 1000 square foot of SYNTipede X43 Artificial Turf or Approved Equal. The price is for square foot. NOTE: For "Approved Equal " please attach a specifications sheet and completed Submittal Form. Otherwise, your bid response may be deemed nonresponsive. Line: 1315386--01-22- Artificial Turf Installation (1 to 100 sq. ft). Quantity: 1 square foot Description: Total Price, Inclusive all labor, materials, tools, staging, fees, licenses, any and all necessary; tests, bonds, shop drawings, permits, professional services licensed in the State of Florida, inspections, hoisting, hauling, equipment, temporary fencing, signage, and supervision to install 1 to 100 square foot of artificial turf. Pursuant to Section 3.1, Specification/Scope of Work. Line: 1315386--01-23- Artificial Turf Installation (100 to 1000 sq. ft). Quantity: 1 square foot Description: Total Price, Inclusive all labor, materials, tools, staging, fees, licenses, any and all necessary; tests, bonds, shop drawings, permits, professional services licensed in 5 8/12/2021 9:15 AM P. 19 City of Miami Solicitation 1315386 the State of Florida, inspections, hoisting, hauling, equipment, temporary fencing, signage, and supervision to install 100 to 1000 square foot of artificial turf. Pursuant to Section 3.1, Specification/Scope of Work Line: 1315386--01-24- Artificial Turf Installation (Over 1000 sq. ft). Quantity: 1 square foot Description: Total Price, Inclusive all labor, materials, tools, staging, fees, licenses, any and all necessary; tests, bonds, shop drawings, permits, professional services licensed in the State of Florida, inspections, hoisting, hauling, equipment, temporary fencing, signage, and supervision to install over 1000 square foot of artificial turf. Pursuant to Section 3.1, Specification/Scope of Work C. EXHIBITS A through H, have been attached to the Document Section of the BidSync platform as follow: Exhibit A- SYNLawn SYNAugustine 347 Exhibit B- SYNLawn SYNAugustine 547 Exhibit C- SYNLawn SYNFescue 343 Exhibit D- SYNLawn SYNPro 60 Exhibit E- SYNLawn SYNPro 70 Exhibit F- SYNLawn SYNTipede 321 Exhibit G- SYNLawn SYNTipede X43 Exhibit H- SYNLawn Warranty Commercial USA D. The following are inquiries received and the corresponding responses: Q 1. Does the City have plans and drawings available for this project? Depending on the area, the pricing can be dramatically different. A.1. No, there are no plans and drawings for this contract as this contract is on as needed basis. However, additional Line items have been added to reflect different area sizes. Q 2. Please confirm if a bid bond will be required? A 2. No. A Bid Bond is not required for this IFB. Q 3. What is the intention of this contract? What will the turf be used for? What are the areas of each project you are looking to do? A.3. This Solicitation is to establish a contract for the provision and installation of artificial synthetic turf, on an as -needed basis, for the various City of Miami ("City") Departments. The turf will be used for new installations, maintenance, repair, restoration, and resurfacing of existing facilities in different areas including, but not limited to, athletic and recreational fields, playgrounds, walkways, medians, streetscapes, parkways, greenways, etc. Q 4. The stone base described in the Installation item is not consistent with the industry - standard base for athletic fields, nor playgrounds. Why is the City requesting this stone base? C: 8/12/2021 9:15 AM p. 20 City of Miami Solicitation 1315386 A 4. The stone base requested in the Solicitation is according to the manufacturer's recommendation. Please refer to the attached Exhibits A through G. Q 5. What is the minimum area for the artificial turf to be installed? A 5. There is no minimum area currently. The artificial turf will be installed in different area sizes, on an as needed basis. Q6. Is there a specific timeline for the Awarded vendor to provide a quote and complete the work? A6. The Project Manager or designe will provide timelines when requesting a quote for a specific project. Q7. Why is the City requesting a warranty period of 11 years? It is not typical for Synthetic Turf. A7. The warranty requested in the Solicitation is according to the manufacturer's Statement of Warranty. Please refer to the attached Exhibit H- SYNLawn Warranty Commercial USA. Q8. Are there any provisions in the contract for contaminated soils? A8. No, there are no provisions for contaminated soils. Additional work outside the scope of work shall be reported to the Project Manager or designee for written approval before commencement. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE IFB AND SHALL BE MADE A PART THEREOF. Annie Perez, CPPO, Director of Procurement City of Miami Procurement Department cc. Natasha Colebrook -Williams, Assistant City Manager, Chief of Operations Fernando Casamayor, Assistant City Manager, Chief Financial Officer Barbara Hernandez, CPRP, Director of Parks and Recreation Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director of Procurement 8/12/2021 9:15 AM p. 21 City of Miami Solicitation 1315386 IFB Number: Title: Issue Date/Time: IFB Closing 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: Contracting Officer E-Mail Address: Contracting Officer Facsimile: City of Miami Invitation for Bid (IFB) Procurement Department Miami Riverside Center 444 SW 2nd Avenue, 6th Floor Miami, Florida 33130 Web Site Address: www.miami.gov.com/procurement 1315386 Invitation for Bid for Furnish and Installation of Artificial Turf - Citywide 21-JUL-2021 13-AUG-2021 @ 3:00 p.m. Voluntary Wednesday, July 28, 2021 @ 11:00 a.m. Virtual Via Microsoft Teams Monday, August 2, 2021 @ 3:00 p.m. Lima, Cristiane CLima@miamigov.com (305)400-5009 8/12/2021 9:15 AM p. 22 City of Miami Certification Statement Solicitation 1315386 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 govem 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: FAX: EMAIL: CELL(Optional): SIGNED BY: TITLE: TE: FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISQUALIFY THIS RESPONSE. 8/12/2021 9:15 AM p. 23 City of Miami Certifications Solicitation 1315386 Legal Name of Firm: Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Year Established: Address, City, State, Zip, Contact Name, Contact Tittle, Phone, Fax, Email: Federal Employer Identification (FEI/EIN) Number: 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/l/2020). 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? Please provide the service/equipment installation facility address. 8/12/2021 9:15 AM p. 24 City of Miami Solicitation 1315386 Reference No. 1: Name of Company/Agency for which Bidder is currently providing the services/goods as described in this solicitation, or has provided such services/goods in the past: Reference No. 1: Address, City, State, and Zip for above reference company/agency listed: Reference No. 1: Name of Contact Person, Telephone Number and Email 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, Telephone Number and Email 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, Telephone Number and Email for above reference no. 3 Reference No. 3: Date of Contract or Sale for above reference no. 3 8/12/2021 9:15 AM p. 25 City of Miami Solicitation 1315386 IMPORTANT NOTICE TO BIDDERS: • FAILURE TO SUBMIT, COMPLETE, AND/OR SIGN THE FOLLOWING DOCUMENTS SHALL RENDER YOUR BID NON -RESPONSIVE. 1. THE CERTIFICATION STATEMENT; 2_ CERTIFICATIONS SECTION; 3. BID SUBMITTAL FORM; 4. PRODUCT SPECIFICATION SHEET; 5. MANUFACTURER'S AUTHORIZATION LETTER; AND 6. SYNTHETIC TURF INSTALLER CERTIFICATE. • ALL UPLOADS SHALL BE IN PDF FILE FORMAT, NO OTHER FILE FORMATS WILL BE ACCEPTED BY THE CITY. • ATTACHMENT FILES SHALL BE NO MORE THAN 250MB IN SIZE EACH, SHOULD THERE BE A NEED FOR A LARGER SIZE FILE TO BE UPLOADED SPLIT IN MULTIPLE FILES. • CONTACT BIDSYNC VENDOR SUPPORT TOLL -FREE NUMBER 800-990-9339, OR SUPPORT.BIDSYNC.COM, EMAIL SUPPORT(c�r�,BIDSYNC.COM, FOR BIDSYNC TECHNICAL DIFFICULTIES AND PROBLEMS. 8/12/2021 9:15 AM p. 26 City of Miami Solicitation 1315386 Table of Contents Terms and Conditions 1. General Conditions 1.1. GENERAL TERMS AND CONDITIONS 2. Special Conditions 2.1. PURPOSE 2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION 2.3. PRE-BID/PRE-PROPOSAL CONFERENCE 2.4. TERM OF CONTRACT 2.5. CONDITIONS FOR RENEWAL 2.6. NON -APPROPRIATION OF FUNDS 2.7. METHOD OF AWARD 2.8. SUBMISSION REQUIREMENTS 2.9. REFERENCES 2.10.TIE BIDS 2.11. CURES 2.12. BIDDERS MINIMUM QUALIFICATIONS 2.13. INSURANCE REQUIREMENTS 2.14.BACKGROUND CHECK 2.15. INVOICING 2.16.ADDITIONS/DELETIONS OF SUPPLIERS/FACILITIES/ITEMS/SERVICES 2.17. PRIMARY CLIENT (FIRST PRIORITY) 2.18.FORCE MAJEURE 2.19.PROJECT MANAGER 2.20. COMPLETED WORK 2.21.PUBLIC SAFETY 2.22. SAFETY MEASURES 2.23. SAFETY PRECAUTIONS 2.24.DAMAGES TO PUBLIC/PRIVATE PROPERTY 2.25. CITY OCCUPANCY 2.26. QUALITY OF WORK 2.27. DELAYS 2.28.ACCEPTANCE OF WORK 2.29.FAILURE TO PERFORM 2.30. EQUAL PRODUCT 2.31. SAMPLES 2.32. SUBCONTRACTORS OF WORK SHALL BE IDENTIFIED 2.33. WORKMANSHIP AND MATERIALS 2.34. FACTORY DEFECTS 2.35. WARRANTY, FITNESS FOR PURPOSE 2.36. QUALITY AND MANUFACTURE 2.37.PRODUCT SUBSTITUES 2.38. JESSICA LUNSFORD ACT (JLA) BACKGROUND SCREENING REQUIREMENTS 2.39. LIQUIDATED DAMAGES 2.40. TERMINATION 2.41. ADDITIONAL TERMS AND CONDITIONS Specifications 3.1 SPECIFICATIONS/SCOPE OF WORK 8/12/2021 9:15 AM p. 27 City of Miami Solicitation 1315386 Terms and Conditions 1. General Conditions 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. 1.1. 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 Bidsync. 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. 8/12/2021 9:15 AM p. 28 City of Miami Solicitation 1315386 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. 19. 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 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 eighty (180) 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 eighty (180) day extension may occur, if, the City and the Successful Bidder/Contractor are in mutual agreement of such extensions. 8/12/2021 9:15 AM p. 29 City of Miami Solicitation 1315386 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 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 - 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 aspecification 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, 8/12/2021 9:15 AM p. 30 City of Miami Solicitation 1315386 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. 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. 1.1& 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. R 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. C. National Institute of Occupational Safety Hazards (NIOSH), as applicable to this Formal Solicitation. R National Forest Products Association (NFPA), as applicable to this Formal Solicitation. 8/12/2021 9:15 AM p. 31 City of Miami Solicitation 1315386 L City Procurement Ordinance, City Code Section 18, Article III. 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. 8/12/2021 9:15 AM p. 32 City of Miami Solicitation 1315386 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 onthe 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, orothers. 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, orexpense 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 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. 8/12/2021 9:15 AM p. 33 City of Miami Solicitation 1315386 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 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. 8/12/2021 9:15 AM p. 34 City of Miami Solicitation 1315386 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. II& 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 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 8/12/2021 9:15 AM p. 35 City of Miami Solicitation 1315386 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 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 8/12/2021 9:15 AM p. 36 City of Miami Solicitation 1315386 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 any political subdivision, or is on the convicted vendor's list per Section 287.133, Florida Statutes. 135. 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. 136. 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. 137. 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. 13& 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. R 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. 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. 8/12/2021 9:15 AM p. 37 City of Miami Solicitation 1315386 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 orproceeding 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. 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 8/12/2021 9:15 AM p. 38 City of Miami Solicitation 1315386 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. 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." 8/12/2021 9:15 AM p. 39 City of Miami Solicitation 1315386 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 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. 8/12/2021 9:15 AM p. 40 City of Miami Solicitation 1315386 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 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 LICENSE/BUSINESS TAX RECEIPT -Any person, firm, corporation, or joint venture, with a business location within the City's municipal boundaries and is submitting a Bid under the Formal Solicitation shall meet the City's Business Tax Receipt requirements in accordance with Chapter 31.1, Article I of the City of Miami Charter. Others with a location outside of the City's municipal boundaries shall meet their local Occupational License/Business Tax Receipt requirements. A copy of the Occupational License/Business Tax Receipt must be 8/12/2021 9:15 AM p. 41 City of Miami Solicitation 1315386 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. 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 - Bidders are expected to examine the specifications, required delivery, drawings, and all special and general conditions. A. Each Bidder shall furnish the information required in the Formal Solicitation. The Bidder shall print, type or manually enter the all requested information, sign and upload the Certification Statement. 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 Certification Statement or the Bid may be rejected. F. Bids shall remain valid for at least 180 days. Upon award of a Bid Contract, the content of the Successful Bidder's/Contractor's Bid, may be included as part of the Bid Contract, at the City's discretion. G. The City 's Bid Forms shall be used when Bidder is submitting its Bid. Use of any other forms, will result in the rejection of the Bid. 1.63. PRICE ADJUSTMENTS - Any price decrease effectuated during the Bid Contract period, either by reason of 8/12/2021 9:15 AM p. 42 City of Miami Solicitation 1315386 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. 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. 8/12/2021 9:15 AM p. 43 City of Miami Solicitation 1315386 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. 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. 8/12/2021 9:15 AM p. 44 City of Miami Solicitation 1315386 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 party, along with a notice of such party's right to seek judicial relief, provided that the protesting party shall not be entitled to such judicial relief without first having followed the procedure set forth in this Section. 1.75. RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (SECTION 18-104): (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. 8/12/2021 9:15 AM p. 45 City of Miami Solicitation 1315386 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. 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 aSaturday, 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 maybe 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 ofprotest. 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 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: 8/12/2021 9:15 AM p. 46 City of Miami Solicitation 1315386 a. The city shall cause to be served by certified mail a notice of hearing stating the time, date, and place of the hearing. The notice of hearing shall be sent by certified mail, return receipt requested, to the mailing address of the protester. b. The party, any intervenor, and the city shall each have the right to be represented by counsel, to call and examine witnesses, to introduce evidence, to examine opposing or rebuttal witnesses on any relevant matter related to the protest even though the matter was not covered in the direct examination, and to impeach any witness regardless of which party first called him/her to testify. The hearing officer may extend the deadline for completion of the protest hearing for good cause shown, but such an extension shall not exceed an additional five business days. The hearing officer shall consider the written protest and supporting documents and evidence appended thereto, supporting documents or evidence from any intervenor, and the decision or recommendation as to the solicitation or award being protested, as applicable. The protesting party, and any intervenor, must file all pertinent documents supporting his/her protest or motion to intervene at least five business days before the hearing, as applicable. The hearing officer shall allow a maximum of two hours for the protest presentation and a maximum of two hours for the city response. When there is an intervenor, a maximum of two hours will be added for the intervenor. In the event of multiple protests for the same project, the hearing officer shall allocate time as necessary to ensure that the hearing shall not exceed a total of one day. c. The hearing officer shall consider the evidence presented at the hearing. In any hearing before the hearing officer, irrelevant, immaterial, repetitious, scandalous, or frivolous evidence shall be excluded. All other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible whether or not such evidence would be admissible in trial in the courts of Florida. The hearing officer may also require written summaries, proffers, affidavits, and other documents the hearing officer determines to be necessary to conclude the hearing and issue a final order within the time limits set forth by this section. d. The hearing officer shall determine whether procedural due process has been afforded, whether the essential requirements of law have been observed, and whether the decision was arbitrary, capricious, an abuse of discretion, or unsupported by substantial evidence as a whole. Substantial evidence means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. e. Within ten days from the date of the hearing, the hearing officer shall complete and submit to the City Manager, the City Attorney, any intervenor, the Chief Procurement Officer, and the person requesting said hearing a final order consisting of his/her findings of fact and conclusions of law as to the denial or granting of the protest, as applicable. 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 of procurements during protests. Upon receipt of a written protest filed pursuant to the requirements of this section, the city shall not proceed further with the solicitation or with the award of the contract until the protest is resolved by the chief procurement officer or the city commission as provided in subsection (b) above, unless the city manager makes a written determination that 8/12/2021 9:15 AM p. 47 City of Miami Solicitation 1315386 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. (fl 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. 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 - Electronic Bid submittals to this IFB are to be submitted through BidSync Electronic Bidding System (`BidSync") until the date and time as indicated in the Solicitation. The responsibility for submitting a Bid on/or before the stated closing time and date is solely and strictly the responsibility of the Bidder. The City will in no way be responsible for delays caused by technical difficulties or caused by any other occurrence. Electronic Bid submissions may require the uploading of electronic attachments. The submission of attachments containing embedded documents or proprietary file extensions is prohibited. All documents should be attached as individual files and labeled. Any Bids received and 8/12/2021 9:15 AM p. 48 City of Miami Solicitation 1315386 time stamped through BidSync, prior to the Bid submittal deadline shall be accepted as timely submittal anything thereafter will be rejected. Additionally, BidSync will not allow for the electronic Bid submittal after the closing date and time has lapsed. Bids will be opened promptly at the time and date specified. All expenses involved with the preparation and submission of Bids to the City, or any work performed in connection therewith, shall be bome by the Bidder(s). Accordingly, Bidder(s): 1. Must register, free of charge, with BidSync Electronic Bidding System ("BidSync") to establish an account in order to have access to view and/or respond to any solicitations issued by the City of Miami's Procurement Department ("City"). 2. Shall submit all Bids electronically. Hard copy Bid submittals will not be accepted. NO EXCEPTIONS. 3. Must submit the Certification Statement and associated solicitation documents which define requirements of items and/or services to be purchased and must be completed and submitted as outlined within the solicitation via BidSync. The use of any other forms and/or the modification of City forms will result in the rejection of the Bidder's Bid submittal. 4. Shall ensure that the Certification Statement is fully completed and provided with your Bid. Failure to comply with these requirements may cause the Bid to be rejected. 5. Must ensure that an n authorized agent of the Bidder's firm signs the Certification Statement and submits it electronically. FAILURE TO SIGN THE CERTIFICATION STATEMENT SHALL DEEM THE BID NON- RESPONSIVE. 6. May be considered non -responsive if Bids do not conform to the terms and conditions of this solicitation. 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. 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. 8/12/2021 9:15 AM p. 49 City of Miami Solicitation 1315386 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. 8/12/2021 9:15 AM P. 50 City of Miami Solicitation 1315386 2. Special Conditions 2.1. PURPOSE The purpose of this Solicitation is to establish a contract, for the furnish and installation of artificial turf Citywide, on an as needed basis as specified herein, from a source(s), fully compliant with the terms, conditions and stipulations of the solicitation. 2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION Any questions or clarifications concerning this solicitation shall be submitted electronically via the Bidsync Portal. All questions must be received no later than Monday, August 2, 2021 @ 3:00 p.m. All responses to questions will be sent to all prospective Bidders in the form of an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. 2.3. PRE-BID/PRE-PROPOSAL CONFERENCE A Virtual Voluntary pre -bid conference will be held on Wednesday, July 28, 2021 @ 2:00 p.m., via Microsoft Teams Click here to join the meeting or via phone +1 786-598-2961, Conference ID: 235 605 274# A discussion of the requirements of the Solicitation will occur at that time. Each potential Bidder is required, prior to submitting a Proposal, to acquaint itself thoroughly with any and all conditions and/or requirements that may in any manner affect the work to be performed. All questions and answers affecting the scope of work/specifications of the IFB will be included in an addendum, that will be distributed through BidSync, following the Pre -Proposal Conference to all the attendees. Because the City considers the Pre -Proposal Conference to be critical to understanding the Solicitation requirements, attendance is highly recommended. 2.4. 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 one (1) additional two (2) year period, 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. 2.5. CONDITIONS FOR RENEWAL Each renewal of this contract is subject to the following: (1) Continued satisfactory performance compliance with the specifications, terms and conditions established herein. (2) Availability of funds 2.6. NON -APPROPRIATION OF FUNDS In the event no 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) or his assignee of such occurrence, shall have the unqualified right to terminate the contract without any penalty or expense to the City. No guarantee, warranty or representation is made that any project(s) will be awarded to any firm(s). 2.7. METHOD OF AWARD Award of this contract will be made to the lowest responsible and responsive bidder(s), who bids on all items and whose bid offers the lowest price when all items are added in the aggregate and meets specifications. 8/12/2021 9:15 AM P. 51 City of Miami Solicitation 1315386 2.8. SUBMISSION REQUIREMENTS Please refer to Section 1.80, Notice Regarding "Submission and Receipts of Bids" of the General Terms and Conditions of this Solicitation. 29. REFERENCES Each bid must be accompanied by a list of three (3) references, as reflected in the Certifications Section of this Solicitation, which shall include the name of the company, for whom bidder has provided turf installation, as described in this solicitation, dates of contract, description of goods/services supplied (included number of square footage of turf installed), a contact person and the telephone number. NO BID WILL BE CONSIDERED WITHOUT THIS LIST. 2.10. TIE BIDS Whenever two 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, oruse of a controlled substance is prohibited in the workplace and specifying the action that will be taken against employees for violations of such prohibition. (2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in subsection (1). (4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under Bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. (5) Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. (6) Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. 2.11. CURES Please refer to Section 1.56, Notice Regarding "Cures" of the General Terms and Conditions of this Solicitation. 2.12. BIDDER'S MINIMUM QUALIFICATIONS Bids will be considered only from firms that are regularly engaged in the business of providing goods and/or services as described in this Bid; that have a record of performance for the last four (4) consecutive years with the same Federal Employment Identification Number (FEIN); and that have sufficient financial support, equipment and organization to ensure that they can satisfactorily provide the goods and/or services if awarded a Contract under the terms and 8/12/2021 9:15 AM p. 52 City of Miami Solicitation 1315386 conditions herein stated. Bidder shall: (1) Provide a current, dated, and signed official authorization letter from the manufacturer, of the items offered, stating that the Bidder is an authorized distributor, dealer or service representative and is authorized to sell, install, and be able to warranty the manufacturer's products. Failure to upload and include with the bid submission, the manufacturer's authorization letter shall deem the bid non -responsive. (2)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. (3) Have no record of pending lawsuits or criminal activities and have not been declared bankrupt within the last three (3) years. (4) Be certified by the Synthetic Turf Council (STC) as a Certified Turf Installer -Landscape (CTI-L) or possess a State of Florida General Contractor's License. Copies of the CTI-L certification and/or the State of Florida license to satisfy this requirement must be included with the bid submission. 2.13. INSURANCE REQUIREMENTS INDEMNIFICATION Successful Bidder(s) 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(s) and persons employed or utilized by Successful Bidder(s) in the performance of this Contract. Successful Bidder(s) 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(s) shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The Successful Bidder(s) expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the Successful Bidder(s) 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(s) 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(s), or persons employed or utilized by Successful Bidder(s). 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(s) 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(s) 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(s) 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(s) or other acts of the Successful Bidder(s), the City, in no way, assumes or shares any responsibility or liability of the Successful Bidder(s) 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 8/12/2021 9:15 AM p. 53 City of Miami Solicitation 1315386 the Successful Bidder(s). The Successful Bidder(s) hereby accepts and assumes full responsibility for all risk of loss, theft, damage or destruction to the Successful Bidder's business personal property or inventory in connection with this solicitation. It is hereby agreed and understood, that the City shall not be responsible or liable for any theft, destruction, damage, or losses of any kind and nature whatsoever. The Successful Bidder(s) further agrees that the City shall not be required to compensate the Successful Bidder(s) for any such losses and assumes all liability in connection therein. The Successful Bidder(s) shall furnish to City of Miami, c/o Procurement Department, 444 SW 2nd Avenue, 6th Floor, Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: L Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence - $1,000,000 General Aggregate Limit - $2,000,000 Products/Completed Operations - $1,000,000 Personal and Advertising Injury - $1,000,000 B. Endorsements Required City of Miami listed as an additional insured Contingent and Contractual Liability Premises and Operations Liability Primary Insurance Clause Endorsement II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Owned/Scheduled Autos Including Hired, Borrowed or Non -Owned Autos Any One Accident - $1,000,000 B. Endorsements Required City of Miami listed as an additional insured III. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of Subrogation Employer's Liability A. Limits of Liability $1,000,000 for bodily injury caused by an accident, each accident. $1,000,000 for bodily injury caused by disease, each employee 8/12/2021 9:15 AM p. 54 City of Miami Solicitation 1315386 $1,000,000 for bodily injury caused by disease, policy limit The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer in accordance to policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: 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. (See Insurance Addendum in Documents Section). 2.14. BACKGROUND CHECK Level II Background Checks shall be conducted and paid for by the Successful Bidder(s) for each employee anticipated to work in the City facilities. The Successful Bidder(s) agrees not to permit any employee to have access to facilities herein designated until the clearance requirements specified are met. For facilities with a higher security clearance additional background checks may be required. Please see Section 2.38 below titled "Jessica Lunsford Act (JLA) Background Screening Requirements". 2.15. INVOICING The City's Finance Department requires that original invoices be forwarded to a prescribed address as denoted in every Purchase Order. Additionally, Successful Bidder(s) shall forward hardcopy/or electronic copy of any original invoice to the City Project Manager. Invoices shall include the following information at a minimum: Project Name; Description of service; Unit and total cost; Purchase order number; Address for which the services related to the invoice were performed; Invoice number; and Time period of service. 2.16. ADDITIONS/DELETIONS OF SUPPLIERS/FACH ITIES/ITEMS/SERVICES Although this Solicitation identifies Suppliers/Facilities/Items/Services to be addressed, it is hereby agreed and understood that any Suppliers/Facilities/Items/Services may be added/deleted to/from this Contract at the sole discretion of the City. When an addition to the Contract is required, the Successful Bidder(s) under this Contract shall be invited to submit price quotes for these new items/services. If these quotes are comparable with market prices offered for similar items/services, they shall be added to the Contract whichever is in the best interest of the City and an amendment and a separate purchase order shall be issued by the City. 2.17. PRIMARY CLIENT (FIRST PRIORITY) The Successful Bidder(s) agree upon award of this Contract that the City of Miami shall be its primary client and shall be serviced first during a schedule conflict arising between this Contract and any other Contract Successful Bidder(s) may have with any other cities and/or counties to perform similar services as a result of any catastrophic events such as tornadoes, hurricanes, severe storms or any other public emergency impacting various areas during or approximately the same time. 8/12/2021 9:15 AM P. 55 City of Miami Solicitation 1315386 2.1& FORCE MAJEURE Successful Bidder(s) shall not be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders or any other force majeure event. 2.19. PROJECT MANAGER Upon award, Successful Bidder(s) shall report and work directly with Tom Calautti, Senior Construction Coordinator and Ricardo Rodriguez, Construction Coordinator, or designee, who shall be designated as the Project Managers for the City. 2.20. COMPLETED WORK The City shall be notified by the Successful Bidder(s) upon completion of work. The City shall inspect and approve same before authorizing payment. Work not satisfactorily completed shall be redone by the Successful Bidder(s) at no additional charge to the City. 2.21. PUBLIC SAFETY The Successful Bidder(s) shall conduct their work so as to interfere as little as possible with private business or public travel. They shall, at their own expense, whenever necessary or required, maintain barricades, maintain lights, and take such other precautions as may be necessary to protect life and property, and they shall be liable for all damages occasioned in any way by his actions or neglect or that of his agents or employees. The Successful Bidder(s) shall meet the following noise abatement performance standards for all construction equipment: • Between the hours of 7:00 A.M. and 6:00 P.M. noise levels shall not exceed 80 dBA at the nearest residential or commercial property line. • Operation of equipment should be avoided between the hours of 6:00 P.M. and 7:00 A.M., but if required, the noise level shall not exceed 65 dBA. 2.22. SAFETY MEASURES Successful Bidder(s) shall take all necessary precautions for the safety of employees, and shall erect and properly maintain at all times all necessary safeguards for the protection of the employees and the public. Danger signs warning against hazards created by his/her operation and work in progress must be posted. All employees of Successful Bidder(s) shall be expected to wear safety glasses or goggles, appropriate clothing, and hearing protection when and wherever applicable. The Successful Bidder(s) shall use only equipment that is fully operational and in safe operating order. Successful Bidder(s) shall be especially careful when servicing property when pedestrians and/or vehicles are in close proximity - work shall cease until it is safe to proceed. 2.23. SAFETY PRECAUTIONS The Successful Bidder(s) must adhere to the applicable environmental protection guidelines for the entire duration of the work. If hazardous waste materials are used, detected or generated at any time, the Project Manager must be immediately notified of each and every occurrence. Successful Bidder(s) shall comply with all codes, ordinances, 8/12/2021 9:15 AM p. 56 City of Miami Solicitation 1315386 rules, orders and other legal requirements of public authorities (including OSHA, EPA, DERM, Miami -Dade County PDR South Florida Building Code) which bear on the performance of the work. The Successful Bidder(s) shall take the responsibility to ensure that all work is provided with the adequate safeguards, that are necessary for the protection of their employees, as well as the public and City employees. If an emergency condition should develop during work, the Successful Bidder(s) must immediately notify the Project Manager of each and every occurrence. The Successful Bidder(s) should also recommend any appropriate courses of action to the Project Manager. 2.24. DAMAGES TO PUBLIC/PRIVATE PROPERTY The Successful Bidder(s) shall carry out the work with such care and methods as not to result in damage to public or private property adjacent to the work. Should any public or private property be damaged or destroyed, the Successful Bidder(s), at his/her expense, shall repair or make restoration as is practical and acceptable to the City and/or owners of destroyed or damaged property promptly within a reasonable length of time. (Not to exceed one month from date damage was done). 2.25. CITY OCCUPANCY The City may occupy all or any portions of the facility during the entire period of work. The Successful Bidder(s) shall cooperate fully with the Project Manager or designee during the work to minimize conflicts and to facilitate City operations and the operations of any other contractors. 2.26. QUALITY OF WORK All work shall be performed using superior maintenance standards and techniques. The frequencies established for repetitive maintenance tasks are minimum frequencies, which must be increased if deemed necessary and requested by the City. 2.27. DELAYS The Successful Bidder(s) shall notify the City's Project Manager, designee, or facility liaison of any actual or potential delays. 2.2& ACCEPTANCE OF WORK Should any work not meet the expectations of the City's Project Manager, designee, or facility liaison, the Successful Bidder(s) shall be required to correct the fault or faults at his/her expense in both time and material. 2.29. FAILURE TO PERFORM Should it not be possible to reach the Successful Bidder(s) and/or should remedial action not be taken within 48 hours of any failure to perform according to specifications, the City reserves the right to declare Successful Bidder(s) in default of the contract or make appropriate reductions in the contract payment. 2.30. 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 sets of necessary data (i.e. factory information sheets, specifications, brochures, etc.) in order for the City to evaluate and determine the equality of the item(s) bid. The City shall be the sole judge of equality and its decision shall be final. 8/12/2021 9:15 AM p. 57 City of Miami Solicitation 1315386 2.31. SAMPLES The Bidder shall provide upon request, a complete and accurate sample of the product(s), which they propose to furnish. 2.32. SUBCONTRACTORS OF WORK SHALL BE IDENTIFIED As part of this bid, the Bidders are required to identify any and all Subcontractors that will be used in the performance of this proposed contract, their capabilities, experience and the portion of the work to be done by the Subcontractor. Failure to identify any and all Subcontractors in the bid shall render the bid non -responsive. The Successful Bidder(s) shall not, at any time during the tenure of the contract, subcontract any part of his operations or assign any portion or part of the contract, to Subcontractor(s) not originally mentioned in their bid, except under and by virtue of permission granted by the City through the proper officials. Nothing contained in this specification shall be construed as establishing any contractual relationship between any Subcontractor(s) and the City. The Successful Bidder(s) shall be fully responsible to the City for the acts and omissions of the Subcontractor(s) and their employees, as for acts and omissions of persons employed by the Successful Bidder(s). 2.33. WORKMANSHIP AND MATERIALS All parts installed and materials used in performance of this contract shall be new (of current design or manufacture). All materials and workmanship shall be of the highest quality. The City shall be the sole judge as to parts and workmanship. 2.34. FACTORY DEFECTS All material specified hereafter shall be fully guaranteed by the Successful Bidder(s) against factory defects. Any defects which may occur as the result of either faulty material or workmanship within the period of the manufacturer's standard warranty will be corrected by the Successful Bidder(s) at no expense to the City. 2.35. WARRANTY, FITNESS FOR PURPOSE 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. 2.36. QUALITY AND MANUFACTURE The apparent silences of these specifications as to any details or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only materials and workmanship of first quality are to be used. All interpretations of these specifications shall be made upon the basis of this statement. Specifications, brands and manufacturers' names, where given, are to establish product type and quality required. Any equal thereto will be considered, subject to the approval of the City of Miami. Bidders shall indicate on the Bid Sheets, the manufacturer, brand and model or style number they intend to supply to the City, for each item Bid. All materials shall be new, of current manufacture, and shall carry standard warranties. No substitutions shall be allowed after the Bid is awarded unless so authorized by the City. 8/12/2021 9:15 AM p. 58 City of Miami Solicitation 1315386 The City reserves the right to perform its own testing procedures or to send any and all samples to any certifiable laboratory for analysis. Any and all costs for testing shall be borne by Bidder. On the basis of this testing and analysis, the City shall be sole judge of the acceptability of the sample in conjunction with the Bid specifications and its decision shall be final. Any sample submitted shall create an express warranty that the whole of the goods and/or services to be provided by the Successful Bidder(s) during the contract period shall conform to the sample submitted. The Successful Bidder(s) shall be required to provide adequate restitution to the City, in the manner prescribed by the City, if this warranty is violated during the term of the contract. 2.37. 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 authorized City representative, 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. 2.3& JESSICA LUNSFORD ACT (JLA) BACKGROUND SCREENING REQUIREMENTS In accordance with the requirements of Sections, 1012.465, and 1012.32 and 1012.467, Florida Statutes, as amended from time to time Successful Bidder agrees that, if Successful Bidder receives remuneration for services, Successful Bidder and all of its employees who provide or may provide services under this Contract will complete criminal history checks, and all background screening requirements, including level 2 screening requirements as outlined in the above - referenced statutes for any work to be performed in City parks. Pursuant to the 2007 amendments to the JLA enacted by the Florida Legislature, requirements for certain fingerprinting and criminal history checks shall be inapplicable to non -instructional contracted personnel who qualify for exemption from Level 2 screening requirements as provided under Section 1012.468 of the Florida Statutes. In addition, the provisions of Section 1012.467 of the Florida Statutes are incorporated herein by reference, and any provisions that may be inconsistent with, contrary to, or determined to be in conflict with said Section 1012.467, will be superseded by said statute. A non -instructional Successful Bidder who is exempt from the screening requirements set forth in Sections 1012.465, 1012.468 or 1012.467 of the Florida Statutes, is subject to a search of his or her name or other identifying information against the registration information regarding sexual predators and sexual offenders maintained by the Department of Law Enforcement under Section 943.043 and the national sex offender public registry maintained by the United States Department of Justice. Successful Bidder will not be charged for this search. Further, upon obtaining clearance by City the City will issue a photo identification badge consistent with any statutory requirements, which shall be worn by the individual at all times while on City property when children are present. Successful Bidder agrees to bear any and all costs associated with acquiring the required background screening, including any costs associated with fingerprinting and obtaining the required photo identification badge. Successful Bidder agrees to require all its affected employees to sign a statement, as a condition of employment with Successful Bidder in relation to performance under this Contract, agreeing that the employee will abide by the heretofore described background screening requirements, and also agreeing that the employee will notify the Successful Bidder/Employer of any arrest(s) or conviction(s) of any offense within 48 hours of its occurrence. Successful Bidder agrees to provide the City with a list of all of its employees who have completed background screening as required by the above - referenced statutes and who meet the statutory requirements contained therein. Successful Bidder agrees that it has an ongoing duty to maintain and update these lists as new employees are hired and in the event that any previously screened employee fails to meet the statutory standards. Successful Bidder further agrees to notify the City immediately upon becoming aware that one of its employees, who was previously certified as completing the background check and 8/12/2021 9:15 AM P. 59 City of Miami Solicitation 1315386 meeting the statutory standards, is subsequently arrested or convicted of any disqualifying offense. Failure by Successful Bidder to notify the City of such arrest or conviction within 48 hours of being put on notice and within five (5) business days of the occurrence of qualifying arrest or conviction, shall constitute grounds for immediate termination of this Contract by the City and removal from the Pool. The parties further agree that failure by Successful Bidder to perform any of the duties described in this section shall constitute a material breach of the Contract entitling the City to terminate this Contract immediately with no further responsibility to make payment or perform any other duties under this Contract. 2.39. LIQUIDATED DAMAGES Failure to complete the project in accordance with the specifications and to the satisfaction of the City within the time stated, shall result in liquidated damages being assessed. The Successful Bidder(s) shall be subject to an assessment of liquidated damages in the amount of $100.00 for each and every calendar day the work remains incomplete (not to exceed the total amount of the contract), as compensation due to the City for loss of use and for additional costs incurred by the City due to such noncompletion of the work. The City shall have the right to deduct said liquidated damages from any amount due or that may become due to the Successful Bidder under this agreement or to invoice the Successful Bidder for such damages if the costs incurred exceed the amount due to the Successful Bidder. 2.40. TERMINATION A. FOR DEFAULT If the Successful Bidder(s) defaults in its performance under this Contract and does not cure the default within 30 days after written notice of default, the City Manager may terminate this Contract, in whole or in part, upon written notice without penalty to the City of Miami. In such event the Successful Bidder(s) shall be liable for damages including the excess cost of procuring similar supplies or services: provided that if, (1) it is determined for any reason that the Successful Bidder(s) was/were not in default or (2) the Successful Bidder(s)'s failure to perform is without his or his subcontractor's control, fault or negligence, the termination will be deemed to be a termination for the convenience of the City of Miami. B. FOR CONVENIENCE The City Manager may terminate this Contract, in whole or in part, upon thirty (30) days prior written notice when it is in the best interests of the City of Miami. If this Contract is for supplies, products, equipment, or software, and so terminated for the convenience by the City of Miami the Successful Bidder(s) will be compensated in accordance with an agreed upon adjustment of cost. To the extent that this Contract is for services and so terminated, the City of Miami shall be liable only for payment in accordance with the payment provisions of the Contract for those services rendered prior to termination. 2.41. ADDITIONAL TERMS AND CONDITIONS No additional terms and conditions included as part of your solicitation response shall be evaluated or considered, and any and all such additional terms and conditions shall have no force or effect and are inapplicable to this solicitation. If submitted either purposely, through intent or design, or inadvertently, appearing separately in transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed that the General Conditions and Special Conditions in this solicitation are the only conditions applicable to this solicitation and that the Bidder's authorized signature affixed to the Bidder's acknowledgment form attests to this. If a Professional Services Agreement (PSA) or other Agreement is provided by the City and is expressly included as part of this solicitation, no additional terms or conditions which materially or substantially vary, modify or alter the terms or conditions of the PSA or Agreement, in the sole opinion and reasonable discretion of the City will be considered. Any and all such additional terms and conditions shall have no force or effect and are inapplicable to this PSA or Agreement. 8/12/2021 9:15 AM p. 60 City of Miami Solicitation 1315386 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK The purpose of this solicitation is to establish a contract with responsive and responsible Bidder(s) to furnish and install artificial turf on an as -needed basis, for the various City of Miami ("City") Departments. This work shall be inclusive of all labor, materials, tools, staging, fees, licenses, any and all necessary; tests, bonds, shop drawings, permits, professional services licensed in the State of Florida, inspections, hoisting, hauling, equipment, temporary fencing, temporary portable restrooms (I-Handicapand 1-Standard as requested in writing by the end user department, the City will reimburse Successful Bidder(s) the portable restrooms at the market cost), signage, and supervision, for the proper and complete performance of the said scope of work as listed below. A. GENERAL REQUIREMENTS: Successful Bidder(s) shall provide, but not limited to, the following services: 1. Comply with all federal, state, and local government codes, regulations, and industry standards; 2. Employ, maintain, and assign to the performance of the work a sufficient number of competent licensed and qualified professionals to meet or exceed the requirements and industry standards; 3. Warrants and represents that its staff personnel have the necessary skills, training, background, knowledge, experience, and licenses as necessary to perform the work, in a competent and professional manner; and 4. Demonstrate its' knowledge, understanding and experience with dealing and working with drawings, specifications and general provisions of athletic and recreational fields, playgrounds and facility design, construction and related trades and utilities work, which may be part of any City's facility projects. B. MATERIAL: The Artificial turf must be high quality, antimicrobial, IR reflective, weather -resistant with UV protection, anti -static, extremely versatile, very durable, high -performing, visually appealing, efficient drainage system, and easy to maintain. The Artificial turf shall maximize the productive use of a field, as it can be used day -in and day -out without excessive wear and regardless of the weather conditions. Please refer to Section 2.30, Notice Regarding "Equal Product" of the Special Conditions of this Solicitation. The Successful Bidder(s) shall: 1. Ensure that all items are in compliance with current commercial/industry Standards; and 2. Identify the brand type, manufacturer and submit product specification sheet for each product offered; C. INSTALLATION: The Successful Bidder(s) shall provide a complete and comprehensive solution for new installations, maintenance, repair, restoration, and resurfacing of existing facilities to a condition that exceeds the minimum requirements in a timely and efficient manner. Successful Bidder(s) shall provide, but not limited to, the following: 8/12/2021 9:15 AM p. 61 City of Miami Solicitation 1315386 1. Conduct site visits to obtain a hands-on understanding of the conditions of the working area; 2. Plan, design and submit a detailed project schedule within five (5) working days after receipt of Purchase Order; 3. Coordinate with the Project Manager(s) or designee and adhere closely to the agreed schedule; 4. Provide construction instructions, guidelines, drawings and recommendations for the site preparation, sub -base and asphalt pavement; 5. Perform the required site work to prepare the individual project site to have the synthetic turf or surface installed. Such work may include but is not limited to clearing, excavation, fill, leveling, drainage work, preparing the base course, soil testing etc., to prepare for the installation of the final turf or field surface; 6. Remove, if necessary, sod and soil and haul away from desired area where the intended new artificial turf will be installed; 7. Grade the site to accommodate up to 3" of clean crushed lime -rock; 8. Ensure that the lime -rock will be 85 to 90 percent compacted to allow water to percolate; 9. Proceed to add 0.5" of screening sand to allow for the desired area to be leveled, after the compaction of 85 to 90 percent has been achieved; 10. Apply a geotextile fabric (weed barrier) to be placed over the entire area of intended installation of new artificial turf; 11. Install a 4" to 6" wide 2" deep concrete band along the entire perimeter of the desired area to which the artificial turf will be continuous; 12. Place and cut the artificial turf to match desired area and seams; 13. Secure the artificial turf with a heavy- duty turf adhesive; 14. Continuously work at the project(s) site(s) for the full duration of the project(s) to ensure the timely completion of the work; and 15. Perform and complete any warranty work required in accordance with this solicitation's requirements, manufacturer's instructions and specifications and industry standards. D. PROTECTION OF UTILITIES AND STRUCTURES: Prior to the preparation of planting areas or plant pits, the Successful Bidder(s) shall ascertain the location of all electrical cables, all conduits, all utility lines, oil tanks and supply lines, so that proper precautions may be taken to not cause damage any subsurface improvements. In the event any electrical cables are uncovered, the Successful Bidder(s) shall promptly notify the Project Manager or designee, who shall arrange to relocate the material, if possible. The Successful Bidder(s) shall be responsible for any damage to utilities and structures, and shall properly maintain the protection of same. 8/12/2021 9:15 AM p. 62 City of Miami Solicitation 1315386 E. CLEAN UP: 1. The Successful Bidder(s) at all times shall keep the premises free from accumulation of waste materials or rubbish caused by their operation. At the completion of the work, they shall remove all waste materials and rubbish from the project site as well as all their tools, construction equipment, machinery and surplus materials. The Successful Bidder(s) shall clean all surfaces and dispose of all trash and debris, according with all laws and regulations governing disposal of construction and hazardous materials. 2. The site protection shall be removed only after passing final inspection and authorized by the Project Manager(s) or designee. 3. If the Successful Bidder(s) fails to leave site in its original condition, the City may restore the site to its original condition and the cost thereof shall be charged to the Successful Bidder(s). F. MAINTENACE: The Successful Bidder(s) shall: 1. Furnish the City with a written maintenance and instruction manual for proper use and care of the provided facility. The maintenance manual shall be specific to the turf surface/system/solution installed and specify any use limitations for the field (i.e., heavy vehicle traffic, etc.); 2. Offer and make available upon request the necessary products and services for the City to make minor repairs to and to maintain the athletic or recreational turf, surface, event hardware or facility in good condition; and 3. Provide the City staff with the training, technical support, maintenance instructions, and supplies to properly operate, maintain, and protect the artificial turf through its life cycle. G. COMPLETION OF THE WORK: Upon completion of the work, the Successful Bidder(s) shall submit all documents necessary to close out the project in a''/2" binder and electronically. Including but not limited to the following: 1. Permitting documents/submittals; 2. Inspection records; 3. Project warranty; 4. Maintenance manuals; 5. Up to four (4) complete sets of "as built" project drawings 6. Two (2) copies each of procedures of using and maintaining the materials and equipment installed; 7. Executed warranties on installed products and equipment; 8. Material Safety Data Sheets for any material supplied; and 9. Before/In-Progress/After images, labeled to contain Project Name, Project Address, Dates and Cost. H. WARRANTY: 1. Successful Bidder(s) shall submit its manufacturer's warranty that guarantees the usability and playability of the synthetic turf system for its intended uses for up to an eleven (11) year period, commencing with the date 8/12/2021 9:15 AM p. 63 City of Miami Solicitation 1315386 of acceptance of the City. 2. The warranty coverage shall be prorated and must have the following characteristics: a) Must provide full coverage for eight (8) years, nine (9) to ten (10) years of 50% coverage and eleven (11) years of 15% coverage from the date of warranty activation. b) Must warrant three (3) years materials and workmanship. c) Must warrant that the materials installed meet or exceed the product specifications and industry standards. d) Must have a provision to repair or replace such portions of the installed materials that are no longer serviceable to maintain a serviceable and playable surface based on industry standards. e) Must be a warranty from a single source covering workmanship, all self-manufactured/produced or procured materials. f) Guarantee the availability of replacement material for the synthetic turf system installed for the full warranty period. Notes: Additional work outside the scope of work shall be reported to the Project Manager or designee prior to commencement. No work shall be completed without the written approval of the Project Manager or Designee. 8/12/2021 9:15 AM p. 64 City of Miami Solicitation 1315386 IFB No. 1315386 BID SUBMITTAL FORM FIRM NAME: Line: 1315386--01-01 Description: SYNAugustine 347 Artificial Turf or Approved Equal. Note: Submit Specification Sheet for Proposed Product. Unit of Measure: Square Foot Manufacturer Model Number Line: 1315386--01-02 Description: SYNAugustine 547 Artificial Turf or Approved Equal. Note: Submit Specification Sheet for Proposed Product. Unit of Measure: Square Foot Manufacturer Model Number Line: 1315386--01-03 Description: SYNFescue 343 Artificial Turf or Approved Equal. Note: Submit Specification Sheet for Proposed Product. Unit of Measure: Square Foot Manufacturer Model Number 1 8/12/2021 9:15 AM p. 65 City of Miami Solicitation 1315386 Line: 1315386--01-04 Description: SYNPro 60 Artificial Turf or Approved Equal. Note: Submit Specification Sheet for Proposed Product. Unit of Measure: Square Foot Manufacturer Model Number Line: 1315386--01-05 Description: SYNPro 70 Artificial Turf or Approved Equal. Note: Submit Specification Sheet for Proposed Product. Unit of Measure: Square Foot Manufacturer Model Number Line: 1315386--01-06 Description: SYNTipede 321 Artificial Turf or Approved Equal. Note: Submit Specification Sheet for Proposed Product. Unit of Measure: Square Foot Manufacturer Model Number Line: 1315386--01-07 Description: SYNTipede X43 Artificial Turf or Approved Equal. Note: Submit Specification Sheet for Proposed Product. Unit of Measure: Square Foot Manufacturer Model Number 2 8/12/2021 9:15 AM p. 66 City of Miami Solicitation 1315386 CITY OF MIAMI LOCAL OFFICE CERTIFICATION (City Code, Chapter 18, Article III, Section 18-73) Solicitation Type and Number: Solicitation Title: (i.e. IFQ/IFB/RFP/RFQ/RFLI No. 123456) (Bidder/Proposer) hereby certifies compliance with the Local Office requirements stated under Chapter 18/Article III, Section 18-73, of the Code of the City of Miami, Florida, as amended. Local office means a business within the city which meets all of the following criteria: (1) Has had a staffed and fixed office or distribution point, operating within a permanent structure with a verifiable street address that is located within the corporate limits of the city, for a minimum of twelve (12) months immediately preceding the date bids or proposals were received for the purchase or contract at issue; for purposes of this section, "staffed" shall mean verifiable, full-time, on -site employment at the local office for a minimum of forty (40) hours per calendar week, whether as a duly authorized employee, officer, principal or owner of the local business; a post office box shall not be sufficient to constitute a local office within the city; (2) If the business is located in the permanent structure pursuant to a lease, such lease must be in writing, for a term of no less than twelve (12) months, been in effect for no less than the twelve (12) months immediately preceding the date bids or proposals were received, and be available for review and approval by the chief procurement officer or its designee; for recently -executed leases that have been in effect for any period less than the twelve (12) months immediately preceding the date bids or proposals were received, a prior fully -executed lease within the corporate limits of the city that documents, in writing, continuous business residence within the corporate limits of the city for a term of no less than the twelve (12) months immediately preceding the date bids or proposals were received shall be acceptable to satisfy the requirements of this section, and shall be available for review and approval by the chief procurement officer or its designee; further requiring that historical, cleared rent checks or other rent payment documentation in writing that documents local office tenancy shall be available for review and approval by the chief procurement officer or its designee; (3) Has had, for a minimum of twelve (12) months immediately preceding the date bids or proposals were received for the purchase or contract at issue, a current business tax receipt issued by both the city and Miami - Dade County, if applicable; and (4) Has had, for a minimum of twelve (12) months immediately preceding the date bids or proposals were received for the purchase or contract at issue, any license or certificate of competency and certificate of use required by either the city or Miami -Dade County that authorizes the performance of said business operations; and (5) Has certified in writing its compliance with the foregoing at the time of submitting its bid or proposal to be eligible for consideration under this section; provided, however, that the burden of proof to provide all supporting documentation in support of this local office certification is borne by the business applicant submitting a bid or proposal. 8/12/2021 9:15 AM p. 67 City of Miami Solicitation 1315386 PLEASE PROVIDE THE FOLLOWING INFORMATION: Bidder/Proposer Local Office Address: Does Bidder/Proposer conduct verifiable, full- time, on -site employment at the local office ❑ YES ❑ NO for a minimum of forty (40) hours per calendar week? If Bidder/Proposer's Local Office tenancy is pursuant to a lease, has Bidder/Proposer ❑ YES ❑ NO ❑ N/A enclosed a copy of the lease? City of Miami: ❑ YES ❑ NO ❑ Exempt Cite Exemption: Has Bidder/Proposer enclosed a copy of the Business Tax Receipt (BTR) issued by the City of Miami and Miami -Dade County? Miami -Dade County: ❑ YES ❑ NO ❑ Exempt Cite Exemption: Has Bidder/Proposer enclosed a copy of the license, certificate of competency and certificate of use that authorizes the ❑ YES ❑ NO performance of Bidder/Proposer's business operations? Bidder/Proposer's signature below certifies compliance with the Local Office requirements stated under Chapter 18/Article III, Section 18-73, of the Code of the City of Miami, Florida, as amended. Print Name (Bidder/Proposer Authorized Representative) Signature Date 8/12/2021 9:15 AM p. 68 City of Miami Solicitation 1315386 STATE OF FLORIDA COUNTY OF Certified to and subscribed before me this day of (NOTARY SEAL) Personally Known Type of Identification Produced 20 ,by (Signature of Notary Public -State of Florida) (Name of Notary Typed, Printed, or Stamped) OR Produced Identification 8/12/2021 9:15 AM p. 69 City of Miami Solicitation 1315386 INSURANCE ADDENDUM INSURANCE DEFINITIONS, REQUIREMENTS AND CONDITIONS The VENDOR/CONTRACTOR / CONSULTANT (AS APPLICABLE) agrees to provide and maintain throughout the life of this contract and at Vendor/Contractor/ Consultant's expense insurance coverage outlined herewith as applicable insuring all operations related to the contract and any extensions thereof. Workers Compensation and Employers Liability Statutory requirements per Chapter 440, Florida Statutes, as amended, are applicable, and this coverage is subject to the Laws of the State of Florida. This coverage protects against lawsuits stemming from workplace accidents. It provides for medical care to injured employees, along with compensation for lost income. Commercial General Liability It protects against accidents and injuries that occur on company property or the property of a customer. It compensates an injured person or owner of property for injuries and property damages, and the cost of defending lawsuits, including legal settlements or investigations. This policy also covers claims resulting from products exposures, libel, slander, copyright infringement, and other personal and advertisement injuries. Commercial Automobile Liability It protects against liability, no fault, medical payments, uninsured and underinsured motorists claims, collision and other than collision physical damage. In addition, this policy affords coverage on autos that are hired or borrowed or non -owned for use in the business. The non -owned can be autos owned by employees or members of their households. Non -Owned Auto exposures can be endorsed or added under the Commercial General Liability Policy. Professional/Errors and Omissions Liability Used by many professionals such as engineers, lawyers, accountants, stock brokers, financial advisers, insurance agents, court reports, dentists, nurses and teachers. It protects against the financial effects of liability lawsuits filed by clients. It basically protects professionals who cause harm to a client due to incompetence, errors, or negligence. 8/12/2021 9:15 AM p. 70 City of Miami Solicitation 1315386 Umbrella Liability It protects against liability and losses after primary insurance benefits have been exhausted. This supplemental coverage kicks in only after the underlined liability policies have paid their maximum benefits. Environmental Liability It protects against the financial costs of claims of injury or damage due to pollution, and other costs of cleaning up pollutants. These policies are designed to cover both property and liability risks. Directors and Officers Liability This coverage protects against claims from stockholders, employees and clients that are also aimed individually at directors and officers. These claims typically stem from errors in judgement, breaches of duty and wrongful acts in connection with company business. Cyber Liability It protects against costs of the theft, destruction or unauthorized use of electronic data through computer viruses or network intrusions. It also adds protection to a business against such costs if a business fails to safeguard another party's electronic data. Companies sharing data outside their internal network benefit from this coverage Commercial Property It protects against claims or damages to the insured's buildings, business personal property and personal property of others. It can also provide for loss of business income coverage or extra expenses incurred because of physical loss by a covered peril to the insured's property. Commercial Crime It protects against loss of money, securities and other property because of a variety of criminal acts such as employee theft or embezzlement, burglary, robbery, forgery, computer fraud, kidnapping and extortion. Crime insurance also covers money and securities against damage or destruction by almost any cause of loss, not just crime. 8/12/2021 9:15 AM p. 71 City of Miami Solicitation 1315386 Builders Risk It protects against damage to or destruction of buildings or other structures during their construction. Any party with a financial interest in a construction, remodeling, or repair project benefits from this coverage. Surety Bonds Surety bonds are three party contracts. The principal, the party that undertakes the obligation, pays for the issuance of a bond by a surety company. The bond provides capital to guarantee the obligation will be performed. The obligee is the party that receives the benefit of the bond If the obligation is improperly performed. If payment and performance bonds are required such bonds must be substantially in the form prescribed by Florida Statutes 255.05, as amended, and will be subject to the approval of the City of Miami Director of the Department of Risk Management. Valuable Papers It pays for the cost to reconstruct damaged or destroyed valuable papers and records. Typically is defined to include almost all forms of printed documents or records with the exception of money or securities, and data and media which is usually excluded. Additional Requirements The Vendor/Contractor must furnish the City of Miami, Department of Procurement, and Risk Management located at 444 S.W. 2nd Avenue Miami, Florida 33130, original Certificates of insurance to be in force on the date of this Contract, and Renewal Certificates of insurance thereafter. All policies indicated on the certificate must be in compliance with all Contract requirements. The failure of the City to obtain the applicable or corresponding certificates from Contractor is not a waiver by the City of any requirements for the Vendor/Contractor. The Vendor/Contractor must furnish Certificates insurance listing the City of Miami as an additional insured. All insurance certificates must be signed, dated and reference the City contract number. The insurance must provide for sixty (30) days prior written notice to be given to the City in the event coverage is substantially changed, canceled, or non -renewed. Any deductibles or self -insured retentions on referenced insurance coverages must be borne by Vendor/Contractor. The Vendor/Contractor further agrees to have insurers waive their rights of subrogation against the City of Miami, its employees, elected officials, agents, or representatives. The coverages and limits furnished by Vendor/Contractor in no way limit the Vendor/Contractor's liabilities and responsibilities specified within the Contract or law. Any insurance or self-insurance programs maintained by the City of Miami shall not contribute with insurance provided by the Vendor/Contractor under the Contract. 8/12/2021 9:15 AM p. 72 City of Miami Solicitation 1315386 The required insurance to be carried is not limited by any limitations expressed in the indemnification language in this Contract or any limitation placed on the indemnity in this Contract given as a matter of law. If the Vendor/Contractor is a joint venture or limited liability company, the insurance policies must name the joint venture or Limited Liability Company and each of its separate constituent entities as named insureds. The Vendor/Contractor must require all subcontractors to provide the insurance required herein. All subcontractors are subject to the same insurance requirements of the Vendor/Contractor unless otherwise specified in this Contract. If the Vendor/Contractor or subcontractor desire additional coverages, the party desiring the additional coverages is responsible for the acquisition and cost. Notwithstanding any provision in the Contract to the contrary, the City of Miami Risk Management Department maintains and reserves the right to modify, delete, alter or change these requirements. Note: The duty to carry and maintain insurance during the life of the contract will survive the cancellation or expiration, as applicable, under the Contract. 8/12/2021 9:15 AM p. 73 POLICY NUMBER: APM- 2-19 DATE: March 26. 2019 ISSUED BY: Emilio T. Gonzalez, A.D. CiwMAnager/DesiRieV SIGNATURE CITY Ott MAMI Or 1 �i IYC(IRf OR�TED 16E9R `. yam'' ; I ADMINISTRATIVE POLICY REVISIONS Solicitation 1315386 REVISED DATE OF SECTION REVISION Created 3/26/19 SUBJECT: ELIMINATING THE PROCESS OF CURING IRREGULARITIES IN DOCUMENTS SUBMITTED IN RESPONSE TO REQUEST FOR QUALIFICATIONS (RFQ), REQUEST FOR PROPOSALS (RFP), REQUESTS FOR LETTERS OF INTEREST (RFLI), INVITATION FOR BIDS (IFB), INVITATION TO BID (ITB), INVITATION TO QUOTE (ITQ), AND REQUEST FOR SPONSORSHIP (RFS) EFFECTIVE MAY 692019 PURPOSE: To improve the procurement solicitation process in order to provide internal and external customers with a more efficient and effective procurement of goods and services for the City of Miami. This APM establishes guidelines that eliminate the process of curing irregularities in proposals and bids submitted in response to RFQs, RFPs, RFLI's IFBs, ITBs, ITQs and RFS. BACKGROUND: Currently, the Department of Procurement ("Procurement") allows Proposers and Bidders to cure certain deficiencies, deviations, irregularities, omissions, and/or technicalities in proposals and bids submitted to the City in response to RFQs, RFPs, RFLIs, IFBs, ITBs, ITQs and RFS. In collaboration with the Department of Innovation and Technology ("Dolt"), Procurement has identified the process of curing as the cause of significant delays in formal solicitation process. When proposals and bids require a cure, Procurement sends out a "Notice to Cure" to Proposers and Bidders who are then given additional time to correct, complete, and re -submit the required documents. The process of curing is time intensive and delays the procurement of necessary goods and services for the City; it prolongs the due diligence review period and it stalls and delays the evaluation and selection process, resulting in the extension of time between the issuance of an RFP, RFQ, RFLI, IFB, ITB, ITQ, or RFS solicitation and its award date. 8/12/2021 9:15 AM p. 74 City of Miami Solicitation 1315386 Eliminating the process of curing will streamline and improve the overall procurement solicitation process while making it more efficient by removing a source of delay, and more effective by concentrating due diligence reviews only on complete and responsive proposals and bids. Additionally, it is not a common procurement industry practice to allow cures. Other local public agencies such as Miami -Dade County and the Miami -Dade County Public School System do not presently allow cures in such similar instances. GUIDELINES: Procurement will only review and evaluate proposals and bids that have been deemed responsive. Responsive bids and proposals responses are defined by our Procurement Code.' Prospective Proposers and Bidders should understand that non -responsive proposals or bids will not be reviewed and will be eliminated from the evaluation and selection process. The City will not consider the curing of any proposal or bid that fail to meet the minimum qualifications or submission requirements of an RFQ, RFP, RFLI, IFB, ITB, ITQ, or RFS as applicable. Material deficiencies, deviations, irregularities, omissions, and/or technicalities are not waivable. Proposals and bids submitted with deficiencies, irregularities, omissions, and/or technicalities that deviate from the minimum qualifications and/or submission requirements for RFQs, RFPs, RFLIs, IFBs, ITBs, ITQs and RFS shall result in a non -responsive determination. The following list includes, but is not limited to, proposal and bid deficiencies, deviations, irregularities, omissions, and/or technicalities that shall result in a non -responsive determination for any solicitation issued on or after May 6, 2019: If a proposal or bid is missing forms, or contains unnotarized forms, unsigned forms, incorrect forms, or forms signed by any individual, other than the Proposer or Bidder, Proposer's or Bidder's team members, and/or individuals attesting to the stated project experience, the Proposer or Bidder will not be given time to cure the proposal or bid, and the City shall deem such proposal or bid non -responsive. The City, at its sole discretion, reserves the right to waive minor deviations not listed above. Such minor deficiencies, deviations, irregularities, omissions, or technicalities may be timely cured by the Proposer or Bidder, at the sole discretion of the City. Material (i.e. substantial or notable) deficiencies, deviations, irregularities, omissions, or technical issues cannot be cured by the Proposer or Bidder and are not waivable by the City. For illustrative guidance please see below an excerpt from State of Florida procurement instructions which discuss the difference in plain language between material and minor variances. Responsive bidder, proposer, offeror, or respondent means a business which has submitted a bid, offer, proposal, quotation or response which conforms in all material respects to the solicitation. Sec. 18-73, City Code. (Excerpt from 2012 WL 1155290 (Fla. Div.Admin.Hrgs.) Mandatory Responsiveness Requirements: Terms, conditions or requirements that must be met by the proposer to be responsive to this RFP. The responsiveness requirements are mandatory. Failure to meet the responsiveness requirements will cause rejection of a proposal. Any proposal rejected for failure to meet mandatory responsiveness requirements will not be evaluated. 8/12/2021 9:15 AM p. 75 City of Miami Solicitation 1315386 1.15 Material Deviations: The Department has established certain requirements with respect to proposals to be submitted by Proposers. The use of shall, must or will (except to indicate simple futurity) in this RFP indicates a requirement or condition which may not be waived by the Department except where any deviation therefore is not material. A deviation is material if, in the Department's sole discretion, the deficient response is not in substantial accord with this RFP's requirements, provides an advantage to one Proposer over other Proposers, or has a potentially significant effect on the quantity or quality of items or services proposed, or on the cost to the Department. Material deviations cannot be waived and shall be the basis for rejection of a response. Because this is an RFP, the Department will apply this definition liberally in reviewing responses in regard to service delivery. 1.16 Minor IrrelZularity: A variation from the RFP terms and conditions which does not affect the price proposed or gives the proposer an advantage or benefit not enjoyed by the other proposers or does not adversely impact the interests of the Department. 8/12/2021 9:15 AM p. 76 f I SKU SA347 Grass Zone Yarn/Color PE / Field Green / Olive /Apple Grass Zone Denier 9,900 / 9 Thatch Zone Yarn/Color PE / Field Green / Beige Thatch Zone Denier 5,000 / 8 Grass Zone Yarn Shape Soft Omega Finished Pile Height 1 7/8" Finished Pile Weight 75 oz. Backing 15 / 18 PP 2-Part / 22oz. EnviroLoc" Tuft Gauge 3/8" Total Weight 103 oz. Tuf Bind > 8 lbs. Permeability > 400 inches per / SY Features Sanitized, EnviroLoc", StatBlock" Anti -Static, DualChill" IR Reflective, Deluster, UVStabilizers Test Data ASTM El08 Class A Fire Rating, F1292, F1951, IPEMA Certified EXHIBIT'A' SYNAugustine 347 Combining beautiful multi -colored grass blades with a dense multi -colored thatch to create a natural appearance with a realistic feel and superior strength. Our softest, most comfortable variety of grass ever created now with Super Yarn TM technology. OUnmatched Lifetime Warranty ® EnviroLoc" Plant -Based Backing Deluster + UV Protection 0A, ASTM E108 Class A Fire Rating SUPER YARN m TECHNOLOGY Sanitized' DualChillT" Statl3locV Antimicrobial IR Reflective Anti -Static Artificial Grass Fiber Compacted Aggregate Base 5 Geotextile Weed Barrier Not to scale. For illustration only. ERiIFIEO ASTM A Primary Yarn Polymer Yarn Cross Section Standard Color Fabric Construction Second Yarn Polymer Thatch Secondary Yarn Color Finish Fabric Pile Height (Nominal) Face Weight Total FabricWeight Primary Backing Weight Secondary Coating Weight Tuft Bind Grab Tear Strength (Average) Total Yarn Linear Density Elongation to Break Yarn Breaking Strength Machine Gauge Flammability Water Permeability Fabric Width Polyethylene Soft Omega Field Green / Olive / Apple Tufted Polyethylene Field Green / Beige Primary Backing 15/18 PP 2-Part Coating Type 22 oz. Envirol-ocTM PE Yarn Denier / Ends 9,900 / 9 Texturized Thatch Denier / Ends 5,000 / 8 Warranty Period Limited Lifetime English System ASTM Test �r M 1 7/8 inches D-5823 75 oz/ydz D-5848 103 oz/ydz D-5848 6 oz/ydz D-5848 22 oz/yd2 D-5848 > 8 lbs. D-1335 > 200 lbs. D-5034 14,900 Denier D-1577 > 30 % D-2256 > 20 lbs. D-5793 3/8 inches D-5793 Passed D-2859 413.17 in/hr D-1551 15 ft SKU SA547 Grass Zone Yarn/Color PE / Field Green / Olive /Apple Grass Zone Denier 9,900 / 9 Thatch Zone Yarn/Color PE / Field Green / Beige Thatch Zone Denier 5,000 / 8 Grass Zone Yarn Shape Soft Omega Finished Pile Height 1 3/8" Finished Pile Weight 50 oz. Backing 15 / 18 PP 2-Part / 22oz. EnviroLoc" Tuft Gauge 3/8" Total Weight 78 oz. Tuft Bind > 8 lbs. Permeability > 400 inches per / SY Features Sanitized, EnviroLoc", StatBlock" Anti -Static, DualChill" IR Reflective, Deluster, UV Stabilizers Test Data USDA Certified BioBased Product, ASTM El08 Class A Fire Rating, ASTM F1292, F1951 USDA CERTIFIED BIOBASED PRODUCT PRODUCT 7% EXHIBIT'B' SYNAugustine 547 USDA Certified Bio-based product using Super Yarn TM technology to create a soft, environmentally friendly artificial grass variety that is as stunning as it is sustainable and economical. Unmatched Lifetime Warranty EnviroLoc' Plant -Based Backing Deluster + UV Protection ASTM El08 Class A Fire Rating TECHNOLOGYSUPER YARN m Sanitized' DualChill— StatBlocV Antimicrobial IR Reflective Anti -Static Artificial Grass Fiber Compacted Aggregate Base h A' Geotextile Weed Barrier'? .; e `',` .. Not to scale. For illustration only. RECOMMENDED USES jjA Primary Yarn Polymer Yarn Cross Section Standard Color Fabric Construction Second Yarn Polymer Thatch Secondary Yarn Color Finish Fabric Pile Height (Nominal) Face Weight Total FabricWeight Primary Backing Weight Secondary Coating Weight Tuft Bind Grab Tear Strength (Average) Total Yarn Linear Density Elongation to Break Yarn Breaking Strength Machine Gauge Flammability Water Permeability Fabric Width Polyethylene Soft Omega Field Green / Olive / Apple Tufted Polyethylene Field Green / Beige Primary Backing 15/18 PP 2-Part Coating Type 22 oz. Envirol-ocTM PE Yarn Denier / Ends 9,900 / 9 Texturized Thatch Denier / Ends 5,000 / 8 Warranty Period Limited Lifetime English System ASTM Test �r M 1 3/8 inches D-5823 50 oz/ydz D-5848 78 oz/ydz D-5848 6 oz/ydz D-5848 22 oz/yd2 D-5848 > 8 lbs. D-1335 > 200 lbs. D-5034 14,900 Denier D-1577 > 30 % D-2256 > 20 lbs. D-5793 3/8 inches D-5793 Passed D-2859 447.81 in/hr D-1551 15 ft EXHIBIT'C' SYNFescue 343 Offering superior dimensional strength and stability while remaining easy on the eyes and wallet. Incorporating Super Yarn" technology, this landscape grass offers extreme flexibility and durability, creating the perfect solution for multiple applications. SKU SF343 O Unmatched Lifetime Warranty Grass Zone Yarn/Color PE/Field Green/Apple ® EnviroLoc" Plant -Based Backing Grass Zone Denier 10,800 / 6 Deluster + UV Protection Thatch Zone Yarn/Color PE / Field Green / Beige 10 Thatch Zone Denier 5,000 / 8 Q ASTM E108 Class A Fire Rating Grass Zone Yarn Shape Omega Finished Pile Height 2" Finished Pile Weight 80 oz. Sanitized' DualChillT" StatBlocV' Antimicrobial IR Reflective Anti -Static Backing 15 / 18 PP 2-Part/ 22oz. EnviroLoc" Tuft Gauge 3/8" f Total Weight 108 oz.� ` r Artificial Grass Fiber Tuft Bind > 8 lbs. Compacted Aggregate Base 5 GeotextileWeed Barrier ~ts_� Permeability > 1,000 inches per/ SY ` Features Sanitized", EnviroLoc'M, StatBlock'M • ' Anti -Static, DualChill"" IR Reflective, Not to scale. For illustration only. Deluster,UVStabilizers RECOMMENDED USES Test Data ASTM El08 Class Fire Rating, F1292, F1551, F1951, IPEMA Certified LANDSCAPEROOM.' ERiIFIEO ASTM A Primary Yarn Polymer Polyethylene Yarn Cross Section Omega Standard Color Field Green / Apple Fabric Construction Tufted Second Yarn Polymer Thatch Polyethylene Secondary Yarn Color Field Green / Beige Finish Fabric Pile Height (Nominal) Face Weight Total FabricWeight Primary Backing Weight Secondary Coating Weight Tuft Bind Grab Tear Strength (Average) Total Yarn Linear Density Elongation to Break Yarn Breaking Strength Machine Gauge Flammability Water Permeability Fabric Width Primary Backing 15/18 PP 2-Part Coating Type 22 oz. Envirol-ocTM PE Yarn Denier / Ends 10,800 / 6 Texturized Thatch Denier / Ends 5,000 / 8 Warranty Period Limited Lifetime English System ASTM Test �r M 2 inches D-5823 80 oz/ydz D-5848 108 oz/ydz D-5848 6 oz/ydz D-5848 22 oz/yd2 D-5848 > 8 lbs. D-1335 > 200 lbs. D-5034 15,800 Denier D-1577 > 30 % D-2256 > 20 lbs. D-5793 3/8 inches D-5793 Passed D-2859 > 1,000 in/hr D-1551 15 ft SKU Grass Zone Yarn/Color Grass Zone Denier Thatch Zone Yarn/Color Thatch Zone Denier Grass Zone Yarn Shape Finished Pile Height Finished Pile Weight Backing Tuft Gauge Total Weight Tuft Bind Permeability Features Test Data SYN 60 PE / Field Green / Apple 10,800 / 6 PE / Field Green / Beige 5,000 / 8 Omega /'S' Shape 1 112" 60 oz. 15 / 18 PP 2-Part / 22oz. EnviroLoc`M 3/8" 88 oz. > 8 I bs. > 300 inches per / SY EnviroLoc", HeatBlock", Deluster, UV Stabilizers ASTM Certified F1292, F1551, F1951 EXHIBIT'D' SYNPro 60 Stunning realism at a budget -friendly value make this artificial grass a perfect fit for those seeking premium quality at a economical price. OUnmatched Lifetime Warranty EnviroLoc-" Plant -Based Backing Deluster + UV Protection Artificial Grass Fiber Compacted Aggregate Base Geotextile Weed Barrier Primary Yarn Polymer Polyethylene Yarn Cross Section Omega VS'Shape Primary Backing 15/18 PP 2-Part Standard Color Field Green / Apple Coating Type 22 oz. EnviroLoc'm Fabric Construction Tufted PE Yarn Denier / Ends 10,800 / 6 Second Yarn Polymer Thatch Polyethylene Texturized Thatch Denier / Ends 5,000 / 8 Secondary Yarn Color Field Green / Beige Warranty Period Limited Lifetime Finish Fabric Pile Height (Nominal) Face Weight Total FabricWeight Primary Backing Weight Secondary Coating Weight Tuft Bind Grab Tear Strength (Average) Total Yarn Linear Density Elongation to Break Yarn Breaking Strength Machine Gauge Flammability Water Permeability Fabric Width English System ASTM Test �r M 1 1/2 inches D-5823 60 ozlydz D-5848 88 oz/ydz D-5848 6 oz/ydz D-5848 22 oz/yd2 D-5848 > 8 lbs. D-1335 > 200 lbs. D-5034 15,800 Denier D-1577 > 30 % D-2256 > 20 lbs. D-5793 3/8 inches D-5793 Passed D-2859 344.31 in/hr D-1551 15 ft SKU SYN70 Grass Zone Yarn/Color PE/Field Green/Apple Grass Zone Denier 10,800 / 6 Thatch Zone Yarn/Color PE / Field Green / Beige Thatch Zone Denier 5,000 / 8 Grass Zone Yarn Shape Omega/'S'Shape Finished Pile Height 2" Finished Pile Weight 70 oz. Backing 15 / 18 PP 2-Part / 22oz. EnviroLoc`M Tuft Gauge 3/8" Total Weight 98 oz. Tuft Bind > 8 lbs. Permeability > 300 inches per / SY Features EnviroLoc", HeatBlock", Deluster, UV Stabilizers Test Data ASTM Certified F1292, F1551, F1951 EXHIBIT 'E' SYNPro 70 Top-quality artificial turf at an affordable price, this synthetic grass variety provides stunning realism at a budget -friendly value that is sure to make the neighborhood turn green with envy. OUnmatched Lifetime Warranty EnviroLoc-" Plant -Based Backing Deluster + UV Protection Artificial Grass Fiber Compacted Aggregate Base Geotextile Weed Barrier RECOMMENDED USES NDSCAPE - PETS PLA Primary Yarn Polymer Polyethylene Yarn Cross Section Omega VS'Shape Standard Color Field Green / Apple Fabric Construction Tufted Second Yarn Polymer Thatch Polyethylene Secondary Yarn Color Field Green / Beige Finish Fabric Pile Height (Nominal) Face Weight Total FabricWeight Primary Backing Weight Secondary Coating Weight Tuft Bind Grab Tear Strength (Average) Total Yarn Linear Density Elongation to Break Yarn Breaking Strength Machine Gauge Flammability Water Permeability Fabric Width Primary Backing 15 / 18 2-Part PP Coating Type 22 oz. Envirol-ocTM PE Yarn Denier / Ends 10,800 / 6 Texturized Thatch Denier / Ends 5,000 / 8 Warranty Period Limited Lifetime English System ASTM Test �r M 2 inches D-5823 70 oz/ydz D-5848 98 oz/ydz D-5848 6 oz/ydz D-5848 22 oz/yd2 D-5848 > 8 lbs. D-1335 > 200 lbs. D-5034 15,800 Denier D-1577 > 60 % D-2256 > 19 lbs. D-5793 3/8 inches D-5793 Passed D-2859 344.31 in/hr D-1551 15 ft SKU ST321 Grass Zone Yarn/Color PE/Field Green/Apple Grass Zone Denier 10,800 / 6 Thatch Zone Yarn/Color PE/Turf Green Thatch Zone Denier 5,000 / 8 Grass Zone Yarn Shape Omega Finished Pile Height 1 1 /2" Finished Pile Weight 80 oz. Backing 15 / 18 PP 2-Part / 22oz. EnviroLoc" Tuft Gauge 3/8" Total Weight 108 oz. Tuft Bind > 8 lbs. Permeability > 400 inches per / SY Features Sanitized, EnviroLoc", StatBlock" Anti -Static, DualChill" IR Reflective, Deluster, UVStabilizers Test Data ASTM Certified F1292, F1551, F1951, IPEMA Certified EXHIBIT T SYNTIpede 321 Just like its natural counterpart, SYNTipede is known for being tough. The tallest in the collection including Super Yarn TM technology creating a durable surface perfect for active children and pets. ASTM E1O8 Class A Fire -Rated provides peace of mind for all types of projects. toUnmatched Lifetime Warranty EnviroLoc`"' Plant -Based Backing Deluster + UV Protection Sanitized' DualChillT" StatBlocV Antimicrobial IR Reflective Anti -Static Artificial Grass Fiber Compacted Aggregate Base Geotextile Weed Barrier ERiIFIE0 ASTM A Primary Yarn Polymer Polyethylene Yarn Cross Section Omega Primary Backing 15/18 PP 2-Part Standard Color Field Green / Apple Coating Type 22 oz. EnviroLocTM Fabric Construction Tufted PE Yarn Denier / Ends 10,800 / 6 Second Yarn Polymer Thatch Polyethylene Texturized Thatch Denier / Ends 5,000 / 8 Secondary Yarn Color Turf Green Warranty Period Limited Lifetime Finish Fabric English System ASTM Test �r M Pile Height (Nominal) 1 1/2 inches D-5823 Face Weight 80 oz/ydz D-5848 Total Fabric Weight 108 oz/yd2 D-5848 Primary Backing Weight 6 oz/ydz D-5848 Secondary Coating Weight 22 oz/yd2 D-5848 Tuft Bind > 8 lbs. D-1335 Grab Tear Strength (Average) > 200 lbs. D-5034 Total Yarn Linear Density 15,800 Denier D-1577 Elongation to Break > 30 % D-2256 Yarn Breaking Strength > 20 lbs. D-5793 Machine Guage 3/8 inches D-5793 Flammability Passed D-2859 Water Permeability > 400 in/hr D-1551 Fabric Width 15 ft SKU STX43 Grass Zone Yarn/Color PE/Field Green/Apple Grass Zone Denier 10,800 / 6 Thatch Zone Yarn/Color PE / Field Green / Beige Thatch Zone Denier 5,000 / 8 Grass Zone Yarn Shape Omega Finished Pile Height 1 1 /2" Finished Pile Weight 100 oz. Backing 15 / 18 PP 2-Part / 22oz. EnviroLoc" Tuft Gauge 3/8" Total Weight 128 oz. Tuft Bind > 8 lbs. Permeability > 600 inches per / SY Features Sanitized, EnviroLoc", StatBlock" Anti -Static, DualChill" IR Reflective, Deluster, UVStabilizers Test Data ASTM El08 Class A Fire Rating, F1292, F1551, F1951 EXHIBIT V SYNTIpede X43 Unmatched durability with an unexpected soft touch makes this turf variety using Super YarnTm an ideal selection for high foot traffic applications, including school playgrounds, public parks, and multiple commercial uses. Unmatched Lifetime Warranty EnviroLoc" Plant -Based Backing Deluster + UV Protection `,j ASTM E1O8 Class A Fire Rating SUPER YARN m TECHNOLOGY Sanitized' DualChillT" Statl3locV Antimicrobial IR Reflective Anti -Static Artificial Grass Fiber Compacted Aggregate Base Geotextile Weed Barrier Not to scale. For illustration only. Primary Yarn Polymer Polyethylene Yarn Cross Section Omega Primary Backing 15/18 PP 2-Part Standard Color Field Green / Apple Coating Type 22 oz. Envirol-ocTM Fabric Construction Tufted PE Yarn Denier / Ends 10,800 / 6 Second Yarn Polymer Thatch Polyethylene Texturized Thatch Denier / Ends 5,000 / 8 Secondary Yarn Color Field Green / Beige Warranty Period Limited Lifetime Finish Fabric Pile Height (Nominal) Face Weight Total FabricWeight Primary Backing Weight Secondary Coating Weight Tuft Bind Grab Tear Strength (Average) Total Yarn Linear Density Elongation to Break Yarn Breaking Strength Machine Gauge Flammability Water Permeability Fabric Width English System ASTM Test �r M 1 1/2 inches D-5823 100 oz/ydz D-5848 128 oz/yd2 D-5848 6 oz/ydz D-5848 22 oz/yd2 D-5848 > 8 lbs. D-1335 > 200 lbs. D-5034 15,800 Denier D-1577 > 30 % D-2256 > 20 lbs. D-5793 3/8 inches D-5793 Passed D-2859 > 600 in/hr D-1551 15 ft EXHIBIT'H' COMMERCIAL STATEMENT OF WARRANTY TERMS AND CONDITIONS This Statement of Warranty Terms and conditions ("Warranty") sets forth the warranties provided by Manufacturer to the Purchaser ("Purchaser") of SYNLawns synthetic grass products as defined below ("Products"). By accepting delivery of the Product, Purchaser agrees to be bound by and accept the terms and conditions of this Warranty. Manufacturer will honor and is bound by only those warranties set forth in this Warranty. Receipt of full payment for the Product and timely registration of the Product are condition precedents to the operation and effect of this Warranty. Specifically covered within the scope of this warranty: UV degradation, backing integrity, yarns and tuftbind. Workmanship warranties remain the sole discretion between end user and installer; we recommend three years as this will ensure optimal project success. It will be the sole discretion of the SYNLawn to determine whether projects greater than 10 years will receive credit or repair. SYNLawn recommends annual maintenance as this will prolong the life of your investment and address any defects proactively. SYNLawn recommends you keep the following documents on hand to make any unforeseen defects easier to process: Certificate of Completion, SYNLawn Synthetic Turf Care Manual, Warranty and copy of your invoice. All documentation should be completed within 90 days of purchase including copy of paid invoice to installer. As used in this Warranty, the term "Product" or "Products" shall mean SYNLawns synthetic grass products. PRORATION Manufacturer warrants its Products against ultra -violet degradation for the duration of the warranty period as set COMMERCIAL forth in Proration Chart. For purpose of this Warranty, a product shall be deemed to have failed and will be covered under this Warranty if there is a weight loss in excess of fifty percent (50%) of face yarn or a reduction of fifty percent YEAR 1-8 100% (50%) of yarn tensile strength due to ultra -violet degradation. Colorfastness is a function of our UV package and covered under those provisions and exclusions. YEAR 9-10 50% YEAR 11 + 15% 3.1 This Warranty applies only to the original Purchaser and cannot be transferred, unless authorized GOLF TEE LINES property changes hand and submits notification to SYNLawn. 3.2 Product must be installed by a SYNLawng certified installer or in accordance with SYNLawns Installation &TRAMPLEZONESGuidelines. SIG.v140324 3.3 Product must be maintained in accordance with the SYNLawns Care and Maintenance Manual. SCM.040324. A YEAR 1-2 100% maintenance program is required annually to maintain the integrity of the project and will be provided YEAR 3-4 15% by certified installer. 3.4 Product must be the recommended product for the installation as set forth in the SYNLawns product guidelines and by certified SYNLawn installers; properties opting to install product themselves will nullify this warranty. Additionally, this Warranty specifically excludes: AGILITYT.ACKS 3.5 Fiber shrinkage and melting due to exposure to reflective light from Low E Rated windows and other reflective objects (See SYNLawns Product Advisory, SPA 2014-1, Synthetic Grass and Reflective Surfaces) YEAR 1-5 100% 3.6 Damages caused by vehicular traffic, vandalism, abuse, negligence or neglect, normal wear and tear and Acts of God. YEAR 6-7 25% 3.7 Damages caused by improper cleaning agents, exposure to chemicals containing elements from the halogen group (such as chlorine, fluorine, bromine, iodine), herbicides, pesticides, chemical run-off from neighboring properties, and topical applications with a PH greater than five (5) 3.8 Normal wear and matting of face fibers, especially in heavy foot traffic areas, is normal and is not covered by this Warranty. Slight color variation over time is normative and will not be covered unless deemed a fiber degradation which is under warranty. Please refer to SYNLawns Care and Maintenance Manual for information on how to optimize appearance and performance of Product. COMMERCIAL STATEMENT OF WARRANTY TERMS AND CONDITIONS - PAGE 2 3.9 Failure as a result of improper subsurface preparation or drainage. 3.10 Warranty applies to turf only and retail/reseller turf sales. It does not apply to other landscape performance products nor does it provide coverage if installed by other than a certified SYNLawn installer. 3.11 Warranties over 10 years old would be subject to receiving credits rather than direct repair for the project. Credit would go toward purchase of new project only and based on value of turf from date warranty is submitted. Credit shall be used within 18 months of approval and will be a percentage off the replacement cost of a new synthetic turf of the same or comparable quality. 4.1 Manufacturer will perform all repairs or provide any replacement of Product covered under this Warranty within a reasonable time period from date of complaint. 4.2 Manufacturer shall provide product for repair or replacement to Purchaser at a prorated cost based upon the usable period of the Product as set forth in proration chart. 4.3 Manufacturer's sole liability under this Warranty shall be limited either to repair or replacement of the affected area of the Product. 4.4 Products which have been repaired or replaced by Manufacturer shall have a remaining Warranty of the balance of the original warranty period. Purchaser's exclusive remedy and Manufacturer's sole liability for any and all damages resulting from any cause whatsoever, whether such case is based on contrast, negligence, strict liability, other tort or otherwise, shall not exceed in any one case or in total the original price of the Product and installation. In no event should Manufacturer be liable or held accountable for any incidental, consequential, or punitive damages resulting from any such cause. Manufacturer is responsible for product only, not the installation labor required in conjunction with turf to remedy defect. Claims under this Warranty should be submitted to the certified SYNLawns installer that the Product was purchased from. Claim must be submitted within thirty (30) days of discovery of the defect and within the warranty period. Manufacturer makes no representation or warranties of any kind, nature, or description with respect to any of the Product expressed or implied, includingwithout limitation, any warranty of ability and fitness of any of its Products for any particular purpose or application other than those stated in its installation, product, and/or marketing literature. This Warranty can only be modified in writing by an authorized officer of the Manufacturer. No other modification, oral or written, may be made. This Warranty and the invoice with terms and conditions constitutes the complete, final, and exclusive terms of the sale of SYNLawns synthetic grass products by Manufacturer. Interpretation and enforcement of these terms and conditions should be governed by the laws of the State of Georgia. Purchaser agrees that exclusive venue andjurisdiction of all actions and proceedings arising out of or relating to this Warranty shall be in the state or federal courts located in the State of Georgia and the parties hereby consent to thejurisdiction and venue in the state and federal courts of Georgia. If any portion or provision of this Warranty shall be held to be illegal, invalid, or unenforceable by a court of competentjurisdiction, the remaining provisions or portions thereof shall constitute the parties' agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect. City of Miami Solicitation 1315386 Question and Answers for Solicitation #1315386 - Furnish and Installation of Artificial Turf - Citywide Question 1 Hello Cristiane Lima, This is Anis with Hellas construction; we are reviewing all the necessary documents to bid on your IFB for furnish and installation of Artificial Turf -Citywide project, do you have plans and drawings available for this project>? It is important to know the size of the field/s . Do bidders need to submit a bid security with the bid? What percentage is required? Looking forward to hearing from you soon Anis Infante Sales Process Specialist Hellas Construction, Inc. 12 000 West Parmer Lane Austin, TX 78613 (512) 250 2910 (submitted: Jul 26, 2021 5:08:48 PM EDT) Answer -Please seethe posted Addendum No.1 (Answered: Aug 6,20219:06:41 AM EDT) Question 2 1. Can you please provide clarifications on the intentions of this contract? What will the turf be used for? What are the areas of each project you are looking to do? etc. 2. The stone base described in the Installation item, are not consistent with the industry standard bases for Athletic Fields, nor Playgrounds? 3. What is the minimum area of turf that would need to be installed? 4. For the contractor that wins the contract, is there a specific timeline from The City's RFP to the contractor providing a proposal and completing the work? 5. Is there a Bid Bond Required? 6. A warranty period of 11 years is not typical for Synthetic Turf. 7. Are there any provisions in the contract for contaminated soils? 8. Please provide plans of areas that you intend to use the contract and install synthetic turf. Depending on the area, the pricing can be dramatically different. Thankyou, Patrick Joy 8/12/2021 9:15 AM p. 93 City of Miami Estimator Solicitation 1315386 LTG Sports Turf One, LLC 2240 W. Woolbright Rd. Suite 411 Boynton Beach, FL 33426 Office 561-225-1113 x576 1 Email: Ploy@ltgsportsturfone.com (Submitted: Aug2,20211:17:25PM EDT) Answer -Please seethe posted Addendum No.1 (Answered: Aug 6,20219:06:41 AM EDT) 8/12/2021 9:15 AM p. 94