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Invitation for Bid
Certification Statement listed. Return signed original and Please quote on this form, if applicable, net prices for the items) or retain a co for your files. Prices should include all costs, thicludin itsiong nsp P ationces hodestin firm fThe Cir a ty reserves the right to accept or reject all or any part minimum of 180 days following' the time set for closing °f the h govern in determining the quoted In the event of errors in extension of totals, the Prices shall prices. I certify that we have read your solicitation, completed the necessary documents, and propose to We O furnish and deliver, F.O.B. DESTINATION, the items or services specified herein' rinci al owners or any of its The undersigned hereby certifies that neither violations t orl debarrednor or suspended as set. in section personnel have been convicted ofany of the 18-107 or Ordinance No. 12271. tions to this submission have been documented in the section below (refer to paragraph and All exce p section). EXCEPTIONS: See attached Exceptions. y ru We (I) certif that any and all information contained in this subm submission is t t,e; andr cwe (1) io further c rany tify that this submission is made without prior understandb, b p lies, equipment, or Free tos abide byall erms and corporation, firm, or person submittingithou submission collusion f or fraud. We (I)me agree sup conditions and is in all respects fair an 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: SUPPLIER NAME: Cascade Enaineerina Inc. ADDRESS: 4950 37th Street SE Grand Ra ids MI 49512 PHONE: 616-975-4800 FAX: 616-975-4902 Mark Broderick EMAIL: mark.broderickQcascadeng.com SIGNED BY: TITLE' Gefieral Manager BEEPER: - N/A Jim Gingrich DATE: 08-05-11 FAILURE TO COMPLETE. SIGN AND RETURN THIS FORM SHALL DIS UALIFY THIS BID Page 2 of 39 Certifications Legal Name of Finn: Cascade En ineering, Inc. Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Corporation Address, City, State, Zip, Contact Name, Title, Phone, Fax, Email: 4950 37th Street SE, Grand Ra ids, MI 49512 Office Location: City of Miami, Miami -Dade County, or Other Tampa, FL Occupational License Number: N/A Occupational License Issuing Agency: N/A Occupational License Expiration Date: N/A Respondent certifies that (s) he has read and understood the provisions fcity ofMiami Ordinance No. 10032 Hiring 10032.(Section 18-105 of the City Code) pertaining tot e implementation Agreement.": (Yes or No) Yes Do you expect to create new positions in your company in the event your company was awarded a Contract by the City? (Yes or No) No In the event your answer to question above is yes, how many new positions would you create to perform this work? N/A Please list the title, rate of pay, summary of duties, number ois award of positions,f nd expectedd tlength or duration of of all new positions which might be created as a result of N/A Minority/Women Business Affairs Registration Status: Hispanic, Female, Black or None, None Page 3 of 39 Will Subcontractor(s) be used? (Yes or No) No If subcontractor(s) will be utilized, provide their name, address e(s) and t be submitted with youmuthe the portion of the work they will bid be responsible for under this contract (a copy of their response): N/A Does the City of Miami Living Wage Ordinance apply to this formal solicitation? ( See Section 1.40 of the General Terms and Condtions) (Yes or No) No Service Total Contract Amount( which includes base term and renewal options): N/A - this is a urchase contract Is this service contract a citywide contract? (Yes or No) Yes If the above answer is no, please indicate the name of the city (end user) department that your contract will serve: Provide brief description of the project or service to be provided Su 1 mobile refuse containers for automated garbage collection. P tio We hereby state compliance with the City of Miami Living Wage Ordinance, Sec i n 18-556 es 5oS6 through Section 18-559 as summarized in Section 1.40 of the General Ternls and o) Yes Please list and date of receipt N/A. Addendum No. 1, 8/2/11 Reference No. 1: Name of Company/Ab Qency for which bidder is currently providing the services/goods as described in this solicitation, or has provided such services/goods in the past: See attached list of References Reference No. 1: Address, City, State, and Zip for above reference company/agency listed: acknowledge all addendum/addenda received. addendu addendum/addenda was/were adduedapleasbeeinser rt (i.e. Addendum No. 1; 7/1/07). If no Reference No. 1: Name of Contact Person and Telephone Number for above reference no. 1 Page 4 of 39 Reference No. 1: Date of Contract or Sale for above reference no. 1 Reference No. 2: Name of Company/Agencyfor which bidder is cun-ently providing the services/goods goods in the past: as described in this solicitation, or has provided such sere ices/b See attached list of References Reference No. 2: Address, City, State, and Zip for above reference company/agency listed: Reference No . 2: Name of Contact Person and Telephone Number for above reference no. 2 Reference No. 2: Date of Contract or Sale for above reference no. 2 Reference No. 3: Name of Company/Agency for which bidder is currently providing the services/goods Qin the past: as described in this solicitation, or has provided such services/goods See attached list of References Reference No. 3: Address, City, State, and Zip for above reference company/agency listed: Reference No. 3: Name of Contact Person and Telephone Number for above reference no. 3 Reference No. 3: Date of Contract or Sale for above reference no. 3 Page 5 of 39 Line: 1 Description: Injection Molded Mobile Refuse and/or Recycle Containers - Approx. 95-98 Gallon Container, Delivered Category: 45034-35 Unit of Measure: Each Unit Price: $ 46.17* Manufacturer Model Number Supplier Part Number Number of Units: 1 Cascade Engineering ICON96 TBD Total: $ 46.17_ *Pricing based on truck load quantities of 522 carts Line: 2 Description: Injection Molded Mobile Refuse and/or Recycle Containers - Approx. 65-68 Gallon Container, Delivered Category: 45034-35 Unit of Measure: Each Unit Price: $ 39.77 * Manufacturer Model Number Supplier Part Number Number of Units: 1 Cascade Engineering ICON64 TBD Total: $39 9 7*= -- *Pricing based on truck load quantities of 720 carts Line: 3 Description: Injection Molded Mobile Refuse and/or Recycle Containers - Approx. 35-38 Gallon Container, Delivered Category: 45034-35 Unit of Measure: Each Unit Price: $ 34.00* Manufacturer Number of Units: 1 Cascade Engineering Total: $ 34.00* *Pricing based on truck load quantities of 1080 carts Page 6 of 39 Model Number Supplier Part Number ICON35 TBD Line: 4 Description: Replacement Parts - Container Lid with Markings Category: 45034-35 Unit of Measure: Each Unit Price: $_— Manufacturer Model Number Supplier Part Number Number of Units: 1 Cascade Engineering N/A TBD Line: 5 Description: Replacement Parts - Container Axle Category: 45034-35 Unit of Measure: Each Unit Price: $ * Manufacturer Model Number Supplier Part Number Number of Units: 1 Cascade Engineering N/A various Line: 6 Description: Replacement Parts - Container Lid Hinge Pin Category: 45034-35 Unit of Measure: Each Total: $ *see attached Spare Parts List Parts are not interchangeable Total: $ �--- *see attached Spare Parts List Parts are not interchangeable Page 7 of 39 Unit Price: $ 0.20 Manufacturer Model Number Supplier Part Number Number of Units: 1 Cascade Engineering N/A 5400-0089 Line: 7 Description: Replacement Parts - Container Axle Spacer Category: 45034-35 Unit of Measure: Each Unit Price: $ N A Manufacturer Model Number Supplier Part Number Total: $ 0.20 Number of Units: 1 Total: $ N/A N/A N/A N/A Line: 8 Description: Replacement Parts - Container Wheel Category: 45034-35 Unit of Measure: Each Unit Price: $ �_____— Number of Units: 1 Manufacturer Cascade Engineering Model Number N/A various Supplier Part Number Line: 9 Total: $ 'see attached Spare Parts List parts are not interchangeable Page 8 of 39 Description: Replacement Parts - Container Retaining Bar with Proper Locking Mechanism Category: 45034-35 Unit of Measure: Each Unit Price: $ 1.50 Manufacturer Model Number Supplier Part Number Number of Units: 1 Cascade Engineering N/A 5400-03564 Total: $ 1.50 Line: 10 Description: Replacement Parts - Container Metal Inner Lock Pin Category: 45034-35 Unit of Measure: Each Unit Price: $ N/A Manufacturer Model Number •Supplier Part Number Number of Units: 1 N/A N/A N/A Total: $ N/A Page 9 of 39 CART SPECIFICATIONS CASCADE engineering UNIVERSAL 64 GALLON CART CART TYPE • 64 gallon universal cart CART MANUFACTURING PROCESS • Injection molded with High Density Polyethylene (HDPE) • UV stabilized against long tern effects of the sun RECYCLABILITY • Carts are 100% recyclable ANSI TEST RESULTS • Meets or exceeds all performance standards CART DIMENSIONS • Height: 41.5" • Width: 24" • Depth: 27" WHEELS • 10" injection molded snap -lock wheels • Plastic tread for a quieter roll WEIGHT & LOAD RATING • 29 pounds with a load rating of 224 pounds AXLE • Manufactured from 1010 steel • Coated with zinc dichromate plating to prevent rust • Diameter / Length: 5/8" diameter — 20" length Cascade Universal 64 Gallon Cart LIFT AREAS . • In -molded upper saddle lift area • Rust proof, high strength composite lower lift bar • The lift bar is stronger than standard steel, has 360° rotation, and is easily replaceable BOTTOM ABRASION PROTECTION • Molded in wear strips IMPRINTING • In -mold asset management (bar code, RFID) • Custom in -mold graphics on lid • Custom hot -stamp on lid and body CONTAINER SHIPMENT • Truckload capacity is 720 carts with lids assembled STANDARD COLORS • Gray • Black • Green • Brown • Blue • Burgundy • Custom colors available upon request 4950 Thirty -Seventh Street S.E. • Grand Rapids, MI 49512 800-968-2278 CASCADE engineering UNIVERSAL 96 GALLON CART CART TYPE • 96 gallon universal cart CART MANUFACTURING PROCESS • Injection molded with High Density Polyethylene (HDPE) • UV stabilized against long term effects of the sun RECYCLABILITY • Carts are 1 00% recyclable ANSI TEST RESULTS • Meets or exceeds all performance standards CART DIMENSIONS • Height: 46" • Width: 26" • Depth: 34.5" WHEELS • 10" injection molded or 12" blow molded snap -lock wheels • Plastic tread for a quieter roll WEIGHT & LOAD RATING • 40 pounds with a load rating of 336 pounds AXLE • Manufactured from high strength low alloy steel • Hot dipped galvanized to prevent rust • Diameter / Length: .844" diameter — 23" length Cascade Universal 96 Gallon Cart LIFT AREAS • In -molded upper saddle Lift area • Rustproof, high strength composite lower lift bar • The Lift bar is stronger than standard steel, has 360° rotation, and is easily replaceable BOTTOM ABRASION PROTECTION • Molded in wear strips IMPRINTING • In -mold asset management (bar code, RFID) • Custom in -mold graphics on lid • Custom hot -stamp on lid and body CONTAINER SHIPMENT • Truckload capacity is 522 carts with lids assembled STANDARD COLORS • Gray • Black • Green • Brown • Blue • Burgundy • Custom colors available upon request 4950 Thirty -Seventh Street S.E. • Grand Rapids, MI 49512 800-968-2278 SPARE PARTS PRICING CA cADE engineering Phone: 1-800-968-2278 Fax: 616-975-4902 35 Gallon Cart Spare Parts Pricing Prices subject to change without notice. Description Price Each TBD Lid TBD 5400-0089 35 Gallon Black Hinge Pin Plug $0.20 5400-0226 Axle, 5/8" 35 Gallon $2.40 5400-5210 8" Snap-On Wheel Assy, 5/8 axle bore (blow molded) $2.20 5400-3564 Lower Lift Bar -Fiberglass $1.50 Spare Parts List - MUNI 02-10.xls engineering Phone: 1-800-968-2278 Fax: 616-975-4902 64 Callon Cart Spare Parts Pricing Prices subject to change without notice. Description Price Each TBD Lid TBD 5400-0089 64 Gallon Black Hinge Pin Plug $0.20 5400-7000B 10" Snap-On Wheel Assy, 5/8 axle bore (injection molded) $3.60 5400-0174 Axle, 5/8" $2.50 5400-3564 Lower Lift Bar -Fiberglass $1.50 Spare Parts List - MUNI 02-10.xls -0 C enginee Phone: 1-800-968-2278 Fax: 616-975-4902 96 Gallon Cart Spare Parts Pricing Prices subject to change without notice. Description Price Each TBD Lid TBD 5400-0089 96 Gallon Black Hinge Pin Plug $0.20 5400-7001B 10" Snap-On Wheel Assy, .844 axle bore (injection molded) $3.10 5400-0227 Axle, .844" Hollow, galvanized STANDARD $3.00 5400-3564 Lower Lift Bar -Fiberglass $1.50 Spare Parts List - MUNI 02-10.xls TESTING CASCADE ENGINEERING Date: July 17, 2009 P.O'. No.: ISE15448 S 4700 Broadmoor SE, Suite 200 Kentwood, MI 49512 Telephone: 616-656-7401 Facsimile: 616 656-2022 www.intertek-etisemko.com Report No.:3182829GRR-001A Reference No.: 09-0603-202466 Page 1 of 11 Test Report For: CASCADE ENGINEERING ANSI Z 245.30-2008 CONTAINERS STANDARD DIMENSIONS 35 Galion Cart •� ` � � grya�{Stratton Ja •; es Jane; Reviewerlcm Pro '- Ct Manager between This report is for the exclusive use of Intertek's Client and is provided pursuant to the agreement to any party, other than to the Client in accordance c orOnda tce with Intertek and its Client. Intertek's responsibility and liability are limited to the terms and conditions oft e e agreement. Intertek assumes no liability the use of this report. agreement, for any loss, expense or damage occasioned by authorized o permit scopying or distribution aeoadvertadvertisement of ort the tested material, product or -service ustnd then only in its entirety. Any use of the lntertek f first be name or one of its marks for the sale approvednly to the mint d. writing re Intertek. The doeobservations not amply that test product,orort are servicers orant hasever been sample tested. This report by itself under an Intertek certification program. Pull cart by handles Pull cart by handles 14 cm (5 1/2") 26 mm (1") 73`F±9`F 520 off of curb fully loaded. up curb unloaded. CASCADE ENGINEERING 9 Date: July P.O. No.: ISE15448 DURABILITY DURING PULLING TEST/20C9 _06/23109 Dates Tested: Description of Samples: 35 Gallon Cart Part Description: production Sample Condition: Test Procedure: Test Method: Curb Height: Curb Radii: Temperature in Test Area: Number of Cycles: 125 lbs. Container Loaded with Standard Load: One (1) Cart Number of Specimens: Handles, wheels, axles, theft attachments to the container, and the container itself must A cce tance Criteria: remain functional. Report No.:318 09 06032 001A Reference No.: Page 5 of 11 Results: Th e submitted sample meets the acceptance level criteria., CASCADE ENGINEERING Date: July 17, 2009 P.O. No.: ISE15448 LID TEST G: Date Tested: 07/07/09 Description of Samples: Part Description: 35 Gallon Cart Sample Condition: Production Test Procedure: Test Method: Load Fixture Dimensions: Test Load: Duration of Load: Number of Specimens Tested: Report No.:3182829GRR-001A Reference No.: 09-0603-202466 Page 9 of 11 Place partially loaded or empty container on 'a hard level surface and place a load in the center of lid. 8" Diameter 80 lbs. 15 Minutes One (1) Cart Acceptance Criteria: The container lid shall remain intact. Unit may deflect or distort but must not collapse and fall into the container. Results: Sample Description Description of Results 35 Pass The submitted sample meets the acceptance level criteria. Report No.:3182829GRR-001A CASCADE ENGINEERING Reference No.: 09-0603-202466 Date: July 17, 2009 Page 11 of 11 P.O. ute No.: ISE 's Repomanner. Client rts Interiek's Reports and then only in their Re Reports and the is limitelient d to the repoesentatio t use theReports thereinSlAndyt>� e of the Intertek orther agrees and understands hat reliancev upon theP name or one of its marks for the sale or advertisemennvolthe vedtintl�igation material,s atoresult ofmisusemust of itsfirst Repo Reports, the Client agrees writing e to Intertek. If Intertek becomes directly or indirectly, compensate Intertek for its fees and expenses, including legal costs, in accordance with Inter-tek's prevailing fee schedule and expense reimbursement policy. 8.0 LIMITED WARRANTY Intertek warrants that if any of its completed rperformed asfail to nmay be reasonablyalequirdedr to correct such defects, of own chsI perform corrective services of the originally which Intertek is notified in writing within six months of thise Agreement, or services. No opinionher s documentror otherress wise. 9.0 or implied, and no warranty or guarantee is included or intended in s 9.0 LIMITS OF LIABILITY Intertek's liability is limited as follows: 9.1 The Client agrees to limit Intertek's p'�Urlity t exceedarising Intertek°s totalIntertek's fee forprofessional servicesactivity, rende rendered on the projeonct p such that the total the case liability of Intertek oss shanegligence question, except in the case of a finding of gross negligence or willful misconduct on the part of Intertek by a court of competent jurisdiction. ient 9.2 Intertek shall be discharged from whicll liability the ddamage, dlefect or allegedclaims non-performan non-performance damage became apparent tounless the claim is made within three (3) months of the date at from the provision of services by Intertek. Client, and the process of law served no later than two (2) years y 9.3 .Intertek shall not be liable to the Client ft �,as�ommuttedconsequential Intdeaek�itses incurred enployebs, agient due subcthe ont subcontractors. Intertek, regardless of the nature of this fault, whether Consequential damages include, but are not limited to, loss of use and loss of profit. ivers ient to ertek to 9.4 The Client agrees to extend any and all limitations, inde rtheawork. and a shalp o ideedin by the include butt are not those individuals and organizations Intertek retains for proper executionof necessarily limited to Intertek's officers and employees and the heirs and assigns, as well as Intertek's agents, subcontractors and their officers, employees, heirs and assigns. 9.5 Client acknowledges that testing, inclfuding in any and alpl reparati r on a nfotranssucpi rtation, may damage or destroy Client's product. Client agrees to hold Intertek harmless tives 9.6 The Client agrees Intertek shall not be akes place at the Client'sinjuries facilitytlClienClient's t agreesphat Intertek willwhile not op d �. a d or ha l not b trespog atsi le o ekn fo f Cli If testing quip P and shall not be responsible for any of Client's eofrClient s nersthat onn lihough Intertek agrees to abide by Client's safety procedures, lntertek shall not be responsible for injury to any P 10.0 GOVERNING LAW govern This proposal, and any work performed pursuant to this proposal, oughht all erbe shall ed bbyvethe laws said jhe jurisdiction within which the Intertek facility making the proposal is located. Any action 11.0 SEVERABILITYany reason, shall not affect any other Any provision of this proposal that may bevoid replaced unenforceabl r �nte pretetd to accomplish the intent of the parties term or condition of this proposal, and such term or condition shall be 12.0 MODIFICATIONSng any No modification, waiver or amendment of any of these termsss aandded mans s, ii g sdiritingd by an agent of lngnment Client's rights and responsibilities hereunder, shall be binding upon Intertek SD 3.1.2 (10/19/07) Mandatory TESTING REPORT DATE: 20'March 2009 SUBJECT: Trash carts PRODUCT IDENTIFICATION: Cascade 35 gallon container TEST: WIND TUNNEL TEST DESCRIPTION: This test is a measure of the stability of the cart in a high wind. Although not specifically tied to the basic purpose of the cart, most consumers would object to a cart that often tipped over and spilled the contents. MINIMUM PERFORMANCE STANDARD: No standard has been set although some local standards may exist. TEST PROCEDURE: 1. A large wind tunnel with a 54 inch diameter exit opening is used for the test. The wind was supplied by a Gates Super HC drive with capability to achieve various velocities. 2. Position the cart in the steady wind stream zone. (Approx. 48 inches from the opening.) 3. The bottom of the cart is to be level with the exit opening and is to rest on a concrete surface that has a surface texture similar to a roadway. 4. Test cart in three orientations toward the wind tunnel opening — front, side and back. 5. In each orientation, the cart should be tested against a barrier to simulate performance against a street curb. The barrier should prevent the cart from sliding. 6. Measure the air velocity at the leading surface of the cart using a certified volometer. Placement of the volometer in front of the cart and a few inches down from the top of the cart is ideal. 7. The wind velocity is raised in increments with sufficient time between changes to monitor whether the cart is stable. The highest wind velocity achieved is recorded. 8. The carts are blocked against a barrier that is placed behind the wheels. The point of non -stability (end point) is when the cart tipped over. The wind speed is taken as the average of at least 3 . . repetitions. 9. Modifications in cart characteristics or positioning may also be tested and noted. TEST RESULTS: Orientation Towards Wind Tunnel Front Side Back Highest Stable Wind Speed (Blocked) 36 mph 38 mph 46 mph A. Brent Strong Professor, Manufacturing Engineering Technology Brigham Young University, Provo, UT 84602 CASCADE ENGINEERING Date: July 17, 2009 P.O. No.: ISE15448 4700 Broadmoor SE, Suite 200 Kentwood, MI 49512 Telephone: 616-656-7401 Facsimile: www.intertek-etlsemko.com Report No.:3182829GRR-001B Reference No.: 09-0603-202466 Page 1 of 11 Test Report For: CASCADE ENGINEERING ANSIRS STANDARD DIMENSIONS 64 Gallon Cart gr-yaStratton Ja � es Jane; Reviewerlcm Pro '' ct Manager to the agreement between report is for the exclusive use of Intertek's Client and is provided pursuant This rep responsibility and liability are limited to the terms and conditions oft e Intertek and its Client. umesk's resp other than to the Client in accordance c ordathe with the expense or damage occasioned by the use of this rep usel the Iienrtek agreement. Intertek assumes no liability to any party,report and then only in its entirety. athofor any loss, exp product Anyr of must ek nmeoauthorized oneo permit copying the distribution oriad of this repreport are relevant only first the be name or wof its marks for sale or observations at and them tested product, r service isel or nos evert the approvedmin d. writing rbye Intertek. The es not imply io y that the material, aterial, in this rep sample tested. This report by itself does not imp y under an Intertek certification program. CASCADE ENGINEERING Date: July 17, 2009 P.O. No.: ISE15448 Report No.:3182829GRR-001B Reference No.: 09-0603-202466 Page 5 of 11 DURABILITY DURING PULLING TEST C: Dates Tested: 06/23/09 - 06/24/09 Description of Samples: Part Description: Sample Condition: Test Procedure: Test Method: Curb Height: Curb Radii: Temperature in Test Area: Number of Cycles: Actual Container Load : Number of Specimens Tested: 64 Gallon Cart Production Pull cart by handles off of curb fully loaded. Pull cart by handles up curb unloaded. 14 cm (5 1/2") 26 mm (1") 73F±9`F 520 224 lbs. (Standard load 2241bs) One (1) Acceptance Criteria: Handles, wheels, axles, their attachments to the container, and the container itself must remain functional. Results: Number of Cycles 0 Description Start of Test 520 Test Complete - Pass The submitted sample meets the acceptance level criteria. CASCADE ENGINEERING Date: July 17, 2009 P.O. No.: ISE15448 Report No.:3182829GRR-001B Reference No.: 09-0603-202466 Page 7 of 11 CENTER OF BALANCE POSITION TEST E: Date Tested: 07/07/09 Description of Samples: Part Description: Sample Condition: Test Procedure: Test Method: Number of Specimens Tested: 64 Gallon Cart Production Place container on a hard level surface and block wheels from movement. Tip container until the center of balance position is obtained. Block the container at this position and measure the distance vertically from the ground plane to the centerline of the handle of the base of the container. One (1) Cart Acceptance Criteria: The height of the handle shall be equal to or greater than 29 inches and equal to or Tess than 40 inches from the ground. Results: Center of,Balance Position Measurement: (In Inches) Sample Description 1 2 3 64 32 9/16 32.5 32 9/16 The submitted sample meets the acceptance level criteria. CASCADE ENGINEERING Date: July 17, 2009 P.O. No.: ISE15448 LID TEST G: Date Tested: Description of Samples: Part Description: Sample Condition: Test Procedure: Test Method: Load Fixture Dimensions: Test Load: Duration of Load: Number of Specimens Tested: Report No.:3182829GRR-001B Reference No.: 09-0603-202466 Page 9 of 11 07/07/09 64 Gallon Cart Lid Production Place partially loaded or empty container on a hard level surface and place a Toad in the center of lid. 8" Diameter 80 lbs. 15 Minutes One (1) Cart Acceptance Criteria: The container lid shall remain intact. Unit may deflect or distort but must not collapse and fall into the container. Results: Sample Description Description of Results 64. Gal Cart Lid Pass The submitted sample meets the acceptance level criteria. CASCADE ENGINEERING Report No.:3182829GRR-001B Date: July 17, 2009 Reference No.: 09-0603-202466 P.O. No.: ISE15448 Page 11 of 11 name or one of its marks for the sale or advertisement•of the tested material; product or service must first be approved in writing by Intertek. If Intertek becomes directly or indirectly involved in litigation as a result of misuse of its Reports, the Client agrees to compensate Intertek for its fees andexpenses, including legal costs, in accordance with Intertek's prevailing fee schedule and expense reimbursement policy. 8.0 LIMITED WARRANTY Intertek warrants that if any of its completed services fail to conform to professional standard, Intertek will, at its own expense, perform corrective services of the type originally performed as may be reasonably required to correct such defects, of which lntertek is notified in writing within six months of the completion of services. No other representation, express or implied, and no warranty or guarantee is included or intended in this Agreement, or in any report, opinion, document or otherwise. 9.0 LIMITS OF LIABILITY Intertek's liability is limited as follows: 9.1 The Client agrees to limit Intertek's liability arising from Intertek's professional activity, errors, or omissions, such that the total aggregate liability of Intertek shall not exceed Intertek's total fee for the services rendered on the project in question, except in the case of a finding of gross negligence or willful misconduct on the part of Intertek by a court of competent jurisdiction. 9.2 Intertek shall be discharged from all liability to the Client for all claims for loss, damage or expense unless a claim is made within three (3) months of the date at which the damage, defect or alleged non-performance became apparent to the Client, and the process of law served no later than two (2) years from the provision of services by Intertek. - 9.3 Intertek shall not be liable to the Client for any consequential damages incurred by Client due to the fault of Intertek, regardless of the nature of this fault, whether it was committed by Intertek, its employees, agents or subcontractors. Consequential damages include, but are not Limited to, loss of use and loss of profit. 9.4 The Client agrees to extend any and all limitations, indemnifications, and waivers provided by the Client to Intertek to those individuals and organizations Intertek retains for proper execution of the work. These shall be deemed to include but are not necessarily limited to Intertek's officers and employees and their heirs and assigns, as well as Intertek's agents, subcontractors and their officers, employees, heirs and assigns. 9.5 . Client acknowledges that testing, including sample preparation and transportation, may damage or destroy Client's product. Client agrees to hold Intertek harmless from any and all responsibility for such alteration. 9.6 The Client agrees Intertek shall not be responsible for any injuries to the Client's representatives while attending to or observing testing at Intertek's facility. If testing takes place at the Client's facility, Client agrees that Intertek will not operate and shall not be responsible for any of Client's equipment and that although Intertek agrees to abide by Client's safety procedures, Intertek shall not be responsible for injury to any of Client's personnel. 10.0 GOVERNING LAW This proposal, and any work performed pursuant to this proposal, shall be governed by the laws of the jurisdiction within which the Intertek facility making the proposal is located. Any action brought hereon shall be venued in said jurisdiction. 11.0 SEVERABILITY Any provision of this proposal that may be held invalid, void or unenforceable for any reason, shall not affect any other term or condition of this proposal, and such term or 'condition shall be replaced or interpreted to accomplish the intent of the parties. 12.0 MODIFICATIONS No modification, waiver or amendment of any of these terms and conditions, including any assignment of Client's rights and responsibilities hereunder, shall be binding upon Intertek unless agreed to in a writing signed by an agent of Intertek. SD 3.1.2 (10/19/07) Mandatory TESTING REPORT DATE: 12 July 2004 SUBJECT: Trash carts PRODUCT IDENTIFICATION: Cascade 64 gallon cart TEST: LOADING AND UNLOADING TEST DESCRIPTION: The purpose of this test is to verify that the cart can be safely Ioaded and unloaded by a compatible lifter, including position and locking the cart on the lifter and completing the dumping cycle. MINIMUM -PERFORMANCE STANDARDS: The ANSI standard Z245.30 requires that the lifter used in the test be compatible with the type of cart to be lifted as determined by the test administrator. The test standard also states that the cycle time be not less than eight seconds. The load for the cart is defused as the standard load (see clause 7.2.4.2.2). There are to be 520 cycles. TEST PROCEDURE (Meets the requirements of ANSI Z245.30): 1. Load the cart. 2. Position the cart on the lifter's upper attachment point. Check position after each cycle. 3. Lift the cart to the fully raised position, unloading the cart, and return the cart to the fully lowered position. 4. Record the cycle time. 5. Reload the cart. 6. Repeat the cycle. TEST RESULTS: Semi -Automated Test Condition 520 cycles Automated Test Condition 520 cycles Results No significant damage or deformation to the cart. Results Moderate temporary deformation to the cart after 520 cycles. Full recovery within 2 hours. SUMMARY: The cart passed the ANSI Z245.30 and Z245.60 standards for minimum performance. A. Brent Strong Professor, Manufacturing Engineering Tech Brigham Young University 265 CTB Provo, UT 84602 TESTING REPORT DATE: 29 August 2001 SUBJECT: Trash carts PRODUCT IDENTIFICATION: Cascade 64 gallon cart TEST: WIND TUNNEL TEST DESCRIPTION: This test is a measure of the stability of the cart in a high wind. Although not specifically tied to the basic purpose of the cart, most consumers would object to a cart that often tipped over and spilled the contents. MINIMUM PERFORMANCE STANDARD: No standard has been set although some local standards may exist. TEST PROCEDURE: 1. A large wind tunnel with a 54 inch diameter exit opening is used for the test. The wind was supplied by a Gates Super HC drive with capability to achieve various velocities. 2. Position the cart in the steady wind stream zone. (Approx. 48 inches from the opening.) 3. The bottom of the cart is to be level with the exit opening and is to rest on a concrete surface that has a surface texture similar to a roadway. 4. Test cart in three orientations toward the wind tunnel opening — front, side and back. 5. In each orientation, the cart should be tested against a barrier to simulate performance against a street curb. The barrier should prevent the cart from sliding. 6. Measure the air velocity at the leading surface of the cart using a certified volometer. Placement of the volometer 8 to 10 inches in front of the cart and 4 to 8 inches down from the top of the cart is ideal. 7 The wind velocity is raised in increments with sufficient time between changes to monitor whether the cart is stable. The highest repeatable wind velocity is recorded. 8 The carts are blocked against a barrier that is placed behind the wheels. The point of non - stability (end point) is when the cart tipped over. The wind speed is taken as the average of at least 3 repetitions. 9. Modifications in cart characteristics or positioning may also be tested and noted. TEST RESULTS: Orientation Towards Wind Tunnel Front Side Back Highest Stable Wind Speed (Blocked) 42 mph A. Brent Strong Professor, Manufacturing Engineering and Technology Brigham Young University, Provo, UT 84602 40 mph >45 mph CASCADE ENGINEERING Date: July 17, 2009 I P.O. No.: ISE15448 4700 Broadmoor SE, Suite 200 Kentwood, MI 49512 Telephone: 616-656-7401 Facsimile: 616-656-2022 www.intertek-etlsemko.com Report No.:3182829GRR-001 C Reference No.: 09-0603-202466 Page 1 of 11 Test Report For: CASCADE ENGINEERING ANSI Z 245.30-2008CONTAINERS STANDARD DIMENSIONS 96 Gallon Cart •. ' BryaStratton Ja es Jane, Reviewerlcm Pro '- ct Manager This report is for the exclusive use of Intertek's Client and is provided pursuant to the agreement between Intertek and its Client. Intertek's responsibility and liability are limited to the termsand conditions Client ise ditions of the � agreement. oeato ny assumes no liabilityany party, other than to the Client inc accordance withh agreement,. for any loss, expense or damage occasioned by the use of this report. k authorized to permit copying product or service must first be in or distribution of this report and then only in its entirety. Any use of the Interte name or one of its marks for the sale or advertisement of the tested material, p approved in writing by Intertek'. The observatios and test results inthisreport oare is relevant everllyto the p itself does not implythat the material, product, sample tested. This report by under an Intertek certification program. CASCADE ENGINEERING Date: July 17, 2009 P.O. No.: ISE15448 Report No.:3182829GRR-001C Reference No.: 09-0603-202466 Page 5 of 11 DURABILITY DURING PULLING TEST C: Dates Tested: 06/26/09 - 07/07/09 Description of Samples: Part Description: Sample Condition: Test Procedure: Test Method: Curb Height: Curb Radii: Temperature in Test Area: Number of Cycles: Actual Container Load: Number of Specimens Tested: 96 Universal and 96 Automatic Gallon Carts Production Pull cart by handles off of curb fully loaded. Pull cart by handles up curb unloaded. 14 cm (5 1/2") 26 mm (1") 73F ± 9c 520 336 lbs. Standard Load 336 lbs. Two (2) Acceptance Criteria: Handles, wheels, axles, their attachments to the container, and the container itself must remain functional. Results: Sample Description Number of Cycles Description of Results 96 Gal Universal Cart 520 Pass 96 Gal Automatic Cart 520 Pass The submitted samples meet the acceptance level criteria. CASCADE ENGINEERING Date: July 17, 2009 P.O. No.: ISE15448 Report No.:3182829GRR-001C Reference No.: 09-0603-202466 Page 7of11 CENTER OFBALANCE POSITION TEST E: Date Tested: 07/07/09 Description of Samples: Part Description: Sample Condition: Test Procedure: Test Method: Number of Specimens Tested: 96 Gallon Cart Production Place container on a hard level surface and block wheels from movement. Tip container until the center of balance position is obtained. Block the container at this position and measure the distance vertically from the ground plane to the centerline of the handle of the base of the container. Two (2) Carts Acceptance Criteria: The height of the handle shall be equal to or greater than 29 inches and equal to or less than 40 inches from the ground. Results: Center of Balance Position Measurement: (In Inches) Sample Number Sample Description 1 2 3 96 Universal 37 37 1/8 37 1/8 96 Automatic 35.25 35 1/8 35.25 The submitted samples meet the acceptance level criteria. CASCADE ENGINEERING Date: July 17, 2009 P.O. No.: ISE15448 LID TEST G: Date Tested: Description of Samples: Part Description: Sample Condition: Test Procedure: Test Method: Load Fixture Dimensions: Test Load: Duration of Load: Number of Specimens Tested: Report Na.:3182829GRR-001C Reference No.: 09-0603-202466 Page 9 of 11 07/07/09 96 Gallon Cart Lid Production Place partially loaded or empty container on a hard level surface and place a bad in the center of lid. 8" Diameter 80 lbs. 15 Minutes Two (2) Cart Lids Acceptance Criteria: The container lid shall remain intact. Unit may deflect or distort but must not collapse and fall into the container. Results: Sample Description Test Load (lbs) Description of Results 96 Universal 80 Pass 96 Automatic 80 Pass The submitted samples meet the acceptance level criteria. CASCADE ENGINEERING Report No.:3182829GRR-001C Date: July 17, 2009 Reference No.: 09-0603-202466 P.O. No.: ISE15448 Page 11 of 11 distribute Intertek's Reports and then only in their entirety, and the Client shall not use the Reports in a misleading manner. Client further agrees and understands that reliance upon the Reports is limited to the representations made therein. Any use of the Intertek name or one of its marks for the sale or advertisement of the tested material, product or service must first be approved in writing by Intertek. If Intertek becomes directly or indirectly involved in litigation as a result of misuse of its Reports, the Client agrees to compensate Intertek for its fees and expenses, including legal costs, in accordance with lntertek's prevailing fee schedule and expense reimbursement policy. 8.0 LIMITED WARRANTY Intertek warrants that if any of its completed services fail to conform to professional standard, Intertek will, at its own expense, perform corrective services of the type originally performed as may be reasonably required to correct such defects, of which Intertek is notified in writing within six months of the completion of services. No other representation, express or implied, and no warranty or guarantee is included or intended in this Agreement, or in any report, opinion, document or otherwise. 9.0 LIMITS OF LIABILITY Intertek's liability is limited as follows: 9.1 The Client agrees to limit Intertek's liability arising from Intertek's professional activity, errors, or omissions, such that the total aggregate liability of Intertek shall not exceed Intertek's total fee for the services rendered on the project in question, except in the case of a finding of gross negligence or willful misconduct on the part of Intertek by a court of competent jurisdiction. 9.2 Intertek shall be discharged from all liability to the Client for all claims for loss, damage or expense unless a claim is made within three (3) months of the date at which the damage, defect or alleged non-performance became apparent to the Client, and the process of law served no later than two (2) years from the provision of services by Intertek. - 9.3 Intertek shall not be liable to the Client for any consequential damages incurred by Client due to the fault of Intertek, regardless of the nature of this fault, whether it was committed by Intertek, its employees, agents or subcontractors. Consequential damages include, but are not limited to, loss of use and loss of profit. 9.4 The Client agrees to extend any and all limitations, indemnifications, and waivers provided by the Client to Intertek to those individuals and organizations Intertek retains for proper execution of the work. These shall be deemed to include but are not necessarily limited to lntertek's officers and employees and their heirs and assigns, as well as Intertek's agents, subcontractors and their officers, employees, heirs and assigns. 9.5 Client acknowledges that testing, including sample preparation and transportation, may damage or destroy Client's product. Client agrees to hold Intertek harmless from any and all responsibility for such alteration. 9.6 The Client agrees Intertek shall not be responsible for any injuries to the Client's representatives while attending to or observing testing at Intertek's facility. If testing takes place at the Client's facility, Client agrees that Intertek will not operate and shall not be responsible for any of Client's equipment and that although Intertek agrees to abide by Client's safety procedures, Intertek shall not be responsible for injury to any of Client's personnel. 10.0 GOVERNING LAW This proposal, and any work performed pursuant to this proposal, shall be governed by the laws of the jurisdiction within which the Intertek facility making the proposal is located. Any action brought hereon shall be venued in said jurisdiction. 11.0 SEVERABILITY Any provision of this proposal that may be held invalid, void or unenforceable for any reason, shall not affect any other term or condition of this proposal, and such term or condition shall be replaced or interpreted to accomplish the intent of the parties. 12.0 MODIFICATIONS No modification, waiver or amendment of any of these terms and conditions, including any assignment of Client's rights and responsibilities hereunder, shall be binding upon Intertek unless agreed to in a writing signed by an agent of Intertek. SD 3.1.2 (10/19/07) Mandatory TESTING REPORT DATE: 23 April 2009 SUBJECT: Trash carts PRODUCT IDENTIFICATION: Cascade 96 gallon cart TEST: LOADING AND UNLOADING (CYCLE TEST) — AUTOMATED TEST DESCRIPTION: The loading and unloading test is designed to approximate the useful life of a cart (10 years) in the actual lifting and squeezing that is performed when emptying the cart into an automated truck. This test is useful in assessing the overall design (such as the lid fit, handle material and hinge mechanism, wheel assembly strength, etc.) and overall durability. MINIMUM PERFORMANCE STANDARD: ANSI standard Z245.30 requires that after testing the cart should not suffer any damage or permanent deformation such that it cannot be safely used in normal operation. ANSI Z245.60 establishes dimensional requirements for the cart. TEST PROCEDURE (Meets the requirements of ANSI Z245.30): 1. The test is conducted at room temperature. 2. A standard ARE automated lifting mechanism is used. This lifter is compatible with all currently used carts. The lifting mechanism is attached to a stationary frame which allows the cart to be emptied and then reloaded on each cycle. 3. The cycle time is greater than eight seconds, as required in the standard. 4. The cart is loaded with inert material at the standard load capacity as indicated in ANSI standard according to the rated size of the container. The loading material is to occupy at least 70% of the volume of the cart. (For nominal 96 gallon carts, the load is 350 pounds.) 5. The cart is positioned in front of the lifting mechanism and is then squeezed and lifted to empty the cart into a bin. The cart is set down onto a concrete surface and is held stationary as it is reloaded by tipping the bin to allow the weights to re-enter the cart. 6. Inspections are made whenever any change is noticed and after every 100 lifts. 7. Failure is judged to be cracks, holes or other induced defects or deformations in the cart that would prevent the cart's use as a trash cart and be emptied by the automated method. TEST RESULTS: Cycles 520 Comments on Performance No significant damage — cart operates acceptably SUMMARY: No significant damage was seen and so the cart passed the ANSI Z245.30 and Z245.60 standards for minimum performance. A. Brent Strong Professor, Manufacturing Engineering Tech. Brigham Young University 265 CTB Provo, UT 84602 Strong and Associates, LLC Professional Consultants TESTING REPORT DATE: 10 February 2010 SUBJECT: Trash carts PRODUCT IDENTIFICATION: Cascade 96 gallon container TEST: WIND TUNNEL TEST DESCRIPTION: This test is a measure of the stability of the cart in a high wind. Although not specifically tied to the basic purpose of the cart, most consumers would object to a cart that often tipped over and spilled the contents. MINIMUM PERFORMANCE STANDARD: No standard has been set although some local standards may exist. TEST PROCEDURE: 1. A large wind tunnel with a 54 inch diameter exit opening is used for the test. The wind was supplied by a Gates Super HC drive with capability to achieve various velocities. 2. Position the cart in the steady wind stream zone. (Approx. 48 inches from the opening.) 3. The bottom of the cart is to be level with the exit opening and is to rest on a concrete surface that has a surface texture similar to a roadway. 4. Test cart in three orientations toward the wind tunnel opening — front, side and back. 5. In each orientation, the cart should be tested against a barrier to simulate performance against a street curb. The barrier should prevent the cart from sliding. 6. Measure the air velocity at the leading surface of the cart using a certified volometer. Placement of the volometer in front of the cart and a few inches down from the top of the cart is ideal. 7. The wind velocity is raised in increments with sufficient time between changes to monitor whether the cart is stable. The highest wind velocity achieved is recorded. 8. The carts are blocked against a barrier that is placed behind the wheels. The point of non -stability (end point) is when the cart tipped over. The wind speed is taken as the average of at least 3 repetitions. 9. Modifications in cart characteristics or positioning may also be tested and noted. TEST RESULTS: Orientation Towards Wind Tunnel Front Side Back Highest Stable Wind Speed (Blocked) 49 mph 51 mph 6D mph . Brent Strong Professor, Manufacturing Engineering Technology Brigham Young University, Provo, UT 84602 8254 Creative Place Sandy, Utah 801/733-7575 MATERIAL INFORMATION Exx Linear Polyethylene HD-6605 Injection Molding Resin Description E';Yil !oc8 Chemical Typical Applications HD-6605 is a narrow molecular weight high • Waste management carts density copolymer polyethylene designed for • Industrial components superior impact and environmental stress crack • Recreational products resistance properties. This resin is ideal for heavy • Large part durables duty applications exposed to tough handling at ambient and low temperatures. Long-term UV stabilization is available for this grade. Resin Properties Test Based On` Unit Typical Value' Melt Index ASTM D-1238 g/10 min. 5 Density ASTM D-4883 g/cm3 0.948 Melting Point ExxonMobil Method °C 130 Molded Properties' Yield Tensile Strength' ASTM D-638 MPa (psi) 22.1 (3200) Yield Elongation @ Yield ASTM D-638 0/0 19 Flexural Modulus Impact, Strength Max. Force ASTM D-790 @ 23°C @ - 40°C ExxonMobil Method MPa (psi) N (Ibt) 586 (85,000) 2220 (500) 3500 (785) Brittleness Temperature ASTM D-746 °C < -70 Environmental Stress Crack ASTM D-1693 hr 17 Resistance, F50 Condition B 1. Values given above are typical and should not be used as specification limits. 2. All physical properties were measured on injection molded specimens. 3. Tensile testing was conducted at a crosshead speed of 500 mm/min. ,The tensile strength reported refers to the maximum load reached during the test 4. ASTM test procedures may be modified to accommodate operating conditions or facility limitations Food Packaging HD-6605 is an olefin copolymer which complies with FDA Regulations 21CFR 177.1520, (c) 3.1 and 3.2 and may be used in articles which are intended to contact food at or below cooking temperatures. Health and Welfare Canada has no objection to the use of this resin in food packaging. Contact your ExxonMobil representative to review specific applications. AMERICAS- 9/99 02000 ExxonMobil. The user may forward, distribute, and/or photocopy this copyrighted document only if unaltered and complete, including all of its headers, footers, disclaimers, and other information You may not copy this document to a Web she. ExxonMobil does not guarantee the typical (or other) values. Analysis may be performed on representative samples and not the actual product shipped. The information in this document relates only to the named product or materials when not in combination with any other product or materials. We based the information on data believed to be reliable on the date compiled, but we do not represent, warrant, or otherwise guarantee, expressly or impliedly, the merchantability, fitness for a particular purpose, suitability, accuracy, reliability, or completeness of this information or the products, materials, or processes described. The user is solely responsible for all determinations regarding any use of material or product and any process in its territories of interest. We expressly disclaim liability for any loss. damage, or injury directly or indirectly suffered or incurred es a result of or related to anyone using or relying on any of the information in this document. There is no warranty against patent infringement, nor any endorsement of any product or process, and we expressly disclaim any contrary implication. The terms,'we','our', "ExxonMobil Chemical", or "ExxonMobil" are used for convenience, and may include any one or more of ExxonMobil Chemical Company, Exxon Mobil Corporation, or any affiliates they drectly or indredly steward. The ExxonMobil Chemical Emblem and the "Inledocking X' Device are trademarks of Exxon Mobil Corporation. ISO 90012000 Certified Color & Compounding, Inc 1666 Dearborn Ave Aurora, IL 60505 (888) 43-COLOR (432-6567) Fax (630) 978-1420 www.accurate-color.com March 5, 2010 Rick Filush Cascade Engineering, Inc 3400 Innovation Ct SE Grand Rapids, MI 49512 RE: Cascade specified UV and AO protection for Injection Molded Carts. Rick, The current Ultraviolet Light Stabilizer used in the carts is Cytec THT UV 4801. The level of THT UV 4801 stabilizer in the cart is .15% (1500 ppm). The THT UV 4801 is supplied by Cytec Industries. Please see Data Sheet and MSDS attached. The current Antioxidant used in the carts is .05% (500 ppm) AO B-215. AO B- 215 is a 2:1 mixture of AO168 and AO 1010 which are currently supplied by. Mayzo Incorporated. Please see Data Sheet and MSDS attached. Cytec, Accurate Color & Compounding, and Cascade have done extensive testing of the effectiveness of this package over many years and have found it to provide exceptional long term protection for the HDPE polymer used in Cascade's products. All pigments used in Cascade's products have also proven to be light fast and resistant to significant color shift during these trials. P1e..i e let us know if you need any additional information. S Jay Presi Y, REFERENCES CASCADE Municipal References • engineering City City of Laredo Bernalillo County Contact John Orfila Address 6912 Highway 359 Laredo, TX 78044 Phone (956) 337-7770 Size & Applicatior 96 Universal Carts Date in # of Carts Service 10,000 1995 Kim McKibben P.O. Box 15700 (505) 224-1611 Albuquerque, NM 87174 96 Fully Automated 29,000 1996 City of Ft. Lauderdale Greg Slagle 1401 SE 21st Street (954) 828 5341 Ft. Lauderdale, FL 33316 64 & 96 Fully Automated 56,000 1998 City of Chicago Chris Sauve 121 N. LaSalle (312) 744-4616 Chicago, IL 60602 96 Semi Automated 400,000 1998 City of Elgin Tish Powell 150 Dexter Court Elgin, IL 60120 (847) 931-5980 35, 64, 96 Semi Automated 54,000 2002 City of Durham City of Southaven Christina Tookes Ray Tarrance 1833 Camden Ave Durham, NC 27704 8710 Northwest Drive Southaven, MS 38671 (919) 560-4186 (901) 461-4784 96 Universal Carts 96 Semi Automated 46,000 2002 7,000 2003 Plainfield Municipal Utilities Authority David Ervin 127 Roosevelt Avenue (908) 226-4921 Plainfield, NJ 07060 64 & 96 Semi Automated 24,000 2003 City of Rochester Karen Simoni 210 Colfax Street Rochester, NY14606 (585) 428-6512 96 Semi Automated 90,000 2003 City of Chesapeake Dave Thompson 912 Hollowell Lane (757) 615-9218 Chesapeaks, VA 23320 96 Universal Carts 97,000 2003 City of Lake Dallas Mike Holbrock 1601 Railroad Drive Lewisville, TX 75067 (972) 316-2218 96 Universal Carts 5,200 2003 City of Oakland Bob Angell 172 98th Avenue Oakland, CA 94603 (510) 613-2833 35, 64, 96 Universal Carts 60,000 2004 Town of Manchester Joe Lentini 263 Olcott Street Manchester, CT 06040 (860) 647-3234 Semi & Fully Automated 19,000 2004 64 & 96 City of Ocala John Zobler 2100 NE 30th Ave. Ocala, FL 34470 (352) 351-6757 64&96 Fully Automated 8,000 2004 Collier County Teresa Riesen 2685 South Horseshoe Dr. (239) 403-2350 Naples, FL 34104 64 Fully Automated 285,000 2004 Miami -Dade County Robert Menge Purchasing Deparatment Miami -Dade County, FL (305) 375-1291 96 Fully Automated 120,000 2004 Village of Oak Park Karen Rozmus 131 S. Boulevard Oak Park, IL 60302 (708) 445-3373 64 & 96 Semi Automated 28,000 2004 City of Indianapolis John Workman 1725 S. West Street (317) 327-2372 Indianapolis, IN 46225 96 Fully Automated 125,000 2004 City of Westfield Jim Mulvenna 59 Court Street Westfield, MA 01085 (413)-572-6226 96 Universal Carts 15,000 2004 City of Riverside Diann Paul 3900 Main Street Riverside, CA 92522 (951) 826-5975 96 Fully Automated 11,000 2005 City of Big Springs Kenny Davis 1380 Airpark Drive (432) 264-2503 Big Springs, TX 79720 96 Universal Carts 4,000 2005 City of Pomona Howard Morris 636 West Monterey Ave. (909) 620-2362 Pomona, CA 91768 96 Universal Carts 3,000 2006 City of Augusta County of Henrico Mark Johnson 4330 Deans Bridge Road (706) 592-9634 64 & 96 • 36,000 2006 Blythe, GA 30805 Semi & Fully Automated Steve Yob 10401 Woodman Road (804) 261-8217 Glen Allen, VA 23060 96 Fully Automated 36,000 2006 City of Boston Susan Cascino Room 714 - City Hall Boston, MA 02201 (617) 635-4959 64, 96 Universal Carts 6,000 2006 References -Municipal 0611.xls 1 of 3 .;art )00 J,000 5,000 16,000 0 .010 2010 2010 2010 2011 2011 2011 2011 WARRANTY CASCADE engineering CASCADE ENGINEERING RESIDENTIAL REFUSE CART WARRANTY Cascade Engineering, Inc. ("CE") warrants its residential refuse carts from functional failure due to defects in plastic materials or faulty workmanship or insufficient resistance to weathering while in normal use for a period of ten (10) years (120 months) from the date of shipment from the manufacturing facility to any purchaser ("Shipment Date"). Notwithstanding the above, CE shall provide purchaser with a spare parts supply of component parts, such as axles and wheels, which fail. For purposes of this warranty, "normal use" of a cart is considered to be the collection of residential solid wastes in conjunction with any semi -automated or fully automated mechanical lifting device manufactured to industry -wide guidelines ANSI Z245.60-2008 and/or ANSI Z245.30-2008 which are standard. CE shall be promptly notified of any failures under warranty in order that such failures may be inspected. Residential refuse carts which fail shall be accumulated by the customer, but no accumulation of defective products shall exceed 20 residential refuse carts without written notification to CE. Specifically excluded from this warranty are damages due to negligent or abusive use or normal wear and tear, including but not limited to, those items listed on Schedule A attached. Also specifically excluded are carts used as crew carts, dumped manually, or used for any purpose other than residential solid waste and curbside recyclables collection. Negligent, abusive, or specifically excluded use of carts . voids this warranty after such use. This warranty is also voided upon the resale of the residential refuse carts. THIS WARRANTY IS IN LIEU OF ANY OTHER WARRANTY, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL CE BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DELAY IN PERFORMANCE UNDER THIS WARRANTY. PROMPT PAYMENT DISCOUNT CASCADE .engineering Prompt Payment Discount Cascade Engineering will offer a prompt payment discount of 1% net 10 days. EXCEPTIONS CASC engineering EXCEPTIONS City of Miami, FL Special Conditions: 2.14 Response Time Cascade Engineering will respond in 48 hours to all requests for warranty parts and containers covered under our 10 year non -prorated warranty coverage. A copy of our warranty in included with our response. Should the City require repair performed at the residential curbside, Cascade Engineering would be willing to discuss a separate proposal for a maintenance agreement with the City of Miami. Specifications: 3.12.M Retainer Bar Cascade Engineering uses a composite lower retention bar. In testing it has been proven to be 3.4 times stronger than hollow steel retention bars. In addition it has passed over 10,300 lift/dump/double pump cycles with a load of 350 pounds cycling up in the dump position in less than 3 seconds. This is equivalent to 187 years of lifting and dumping at excessive loads and lifter speeds. It has a "one way" mounting feature and is designed so it requires no rivets, screws or push pins to hold the lower bar in place. The use of a composite eliminates the risk of corrosion associated with steel bars. 3.1.4 Wheels Cascade Engineering uses a corrosion resistant inner locking pin on our 10" wheels. These pins are made of nylon and eliminate the risk of corrosion often associated with steel lock pins. These wheels have passed all ANSI performance testing. Kenneth J. Robertson Johnny Martinez, P.E. Chief Procurement Officer City Manager ADDENDUM NO. 1 IFB No. 273268 August 1, 2011 Invitation For Bid for InjectionMolded;M©biie Refuse and/or Recycle Containers TO: ALL PROSPECTIVE BIDDERS: The following changes, additions, and clarifications amend the IFB Documents of the above captioned IFB, and shall become an integral part of the Contract Documents. 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. Be advised that the bid closing date has been extended from Tuesday, August 2, 2011 to Tuesday, August 9, .2011 at 1:00 PM. In order to further clarify the requirements of this IFB, we are revising the following: Q1: Section 3.1.2 . Construction Weight of Cart, 40 lbs. We kindly suggest that it be specified as resin weight as this is a more accurate determinant of the quality and overall durability of the container. The company suggestion would be a resin weight minimum of 34 Ibs for the 95 gallon cart. Al: 40 Ibs. is the fully assembled standard approximate weight of the container as opposed to the resin weight. It is requested that you specify the minimum resin weight as well, in the Notes To Buyer for the 65 and 35 Ib. line item as shown. The resin weight minimum of 34 Ibs will be used as the base for the 95 gallon cart. Q2: Will there be a public opening with pricing read aloud? Will there be an opportunity to read the bids after the opening, and/or to schedule an appointment to do so soon after the opening? A2: All Invitations For Bid responses can be read aloud, if the responses are for a single total. If there are many items for individual pricing, the City Clerk may opt to announce the respondent's names only. Pursuant to Florida State Statute 119.071 (1) (b) 2., as approved July 1, 2011, sealed bids received by an agency pursuant to Invitation For Bid are exempt from public records law for thirty (30) days or until an intended decision is made , whichever occurs earlier. Q3: The City's website reveals a document that explains a cooperative procurement relationship with the Southeast Florida Governmental Purchasing Cooperative. We have read that other Florida entities (as listed in 1.9, page 12 of the IFB) may purchase off this contract once awarded, but this Southeast Florida Governmental Purchasing Cooperative is not mentioned specifically in the bid document. Would the City please advise as to this one entity's relationship with this current bid? Addendum No. 1 IFB.247232 A3: The Southeast Florida Governmental Purchasing Cooperative is an organization of the Southeast Florida governmental purchasing agencies (cities, school boards, etc.) tied together for the combined strength of our buying power to affect volume pricing. As stated in our General Terms and Conditions, any other governmental agency may piggyback the city of Miami bids. Q4: The bid mentions that the City .will order in truckload quantities, and that there may be a large quantity of 95 gallon carts ordered in the near future for a recycling project. Would the City please provide any guidelines regarding annual purchases off this contract, and/or an approximate number of carts that may be needed for the substantial number in the near future? This answer also has direct bearing on Bidders' certifications pertaining to "First Source Hiring Agreement". A4: The forecasted initial buy would be 65,000 carts in the first year. Subsequent years would be based on need or warranty replacements. Q5: Page 3 requires certifications related to the City of Miami Ordinance No. 10032 (Section 18-105 of the City Code) pertaining to "First Source Hiring Agreement". However, we have been unable to find the actual wording of this ordinance in online searches. We find a section on page 18 of the City's Bid, under 1.38, that applies to this topic. Would the City confirm that this section provides information needed for bidders to evaluate the ordinance and provide certifications required on page 3? If more information is needed by Bidders to consider certifications on page 3, would the City provide the actual wording of this ordinance No. 10032 (Section 18-105 of the City Code) for all Bidders? A5: It is actually Section 18-110, see below: Sec. 1E-114. -:First-source hiring agreements.' (a) The city commissionapproves implementation of the first source hang agreement policy and requires as a condition precedent to•th execution of .service contracts for facaim s services and/or receipt of grants and loans for projects of a nature that create new jobs the successful negotiation of =first source hiring agre merits between the organization or individual receiving said contract and the authorized representativ unless such an agreement is found•mfeasible.by.the; city manager. and.such finding, approved•by the city commission at a public hearing. For the purpose of this section, the following terms, phrases, words. and theirderivations:shall have the following Meanings: Authorized representative means the •Private Industry Council of South Florida/South Florida Employment and Training Consortium,.orits successor as local recipient of federal and -state training and employment funds., Facilities means at publicly financed. projects, including but without limitation, unified development projects, municipal :public works, and municipal improvements to the extent they are financed through public money services orthe use.of publicly owned property.. ..._...... Grants and loans means without limitation, urban development action grants (UDAG), economic development agency .construction loans, loans from.Miami Capital Development, Incorporated, and all federal and state grants administered by th,. city Service contracts means contracts for the.procurement of services by the city which include professional services. Services includes, without limitation public works improvements facilities, professional services, commodities, supplies materials and equipment (c) The authorized representative shall negotiate each first source hiring agreement. The primarybeneficiaries. of the first source hiring agreement shall be participants of the city training and employment; programs and other residents of the city. Page 2 Addendum No. 1 IFB 247232 Q6: Page 6, and in Numerous places within the IFB, Injection molded carts are described/required. Page 35, 3.1.2.A also requires high density polyethylene resin in carts. Page 35, 3.1.6, requires that the cart body and lid be manufactured using high density polyethylene. Our cart bodies' linear medium density polyethylene resin (NIDPE) used in our Advanced Rotational MoidingTM is a superior resin with extra resilient properties. High density polyethylene resin (HDPE), commonly used in conjunction with the injection molding process, is rigid and oftentimes brittle. Our process and material together produce a maximum life expectancy (15-20+ year proven life, 10 year non -prorated warranty). By using flexible, impact resistant materials, rotational molding offers STRESS -FREE containers that are more durable and will outlast the competition. We respectfully request that the City allow rotationally molded cart bodies rotationally molded using medium density polyethylene. A6: The City will evaluate another High Density or equal Medium Density carts, as long as the unit is also presented to the Solid Waste Department for testing and approved by same. Additionally, for any cart of medium density presented, must include a manufacturer warranty as detailed in Special Condition 2.20. Q7: Page 9, Line 9, requires pricing for a Container Retaining Bar with Proper Locking Mechanism. Our carts do not require rivets or screws or any other "locking mechanism", yet they are confidently warranty by our 10 year non -prorated warranty and last the 15+ life of the cart. This construction also affords a cart that is completely sealed and leaf -proof. Would the City allow stop bars without rivets? A7: The City is willing to review this format providing it also follows A6 shown above. Q8: Page 9, Line 10, requires pricing for a Container Metal Inner Lock Pin. Would the City clarify that this is the lock pin mentioned on page 36, 3.1.2.N and 3.1.4, or provide a further description if this is not the wheel lock pin? A8: The Container Metal Inner Lock Pin refers to the catch bar not the wheel lock pin described in 3.1.2.N and 3.1.4. Q9: Page 9, Line 10 and page 36, 3.1.2.N and 3.1.4 require the Lock Pin to be metal. Would the City allow a more durable Locking tab on rubber snap -on wheels, and/or plastic snap -on wheels with a center aligned axle journal claw which snaps into a groove that is a full weight bearing surface? Both of our snap - on wheel designs have been thoroughly tested in the field, and in special testing, and are non -corrosive. Both are, of course, confidently covered by our 10 year non -prorated warranty. A9: The City is willing to review this format providing it also follows A6 shown above. Q10: Page 18, 1.34, requires delivery with inside delivery. Page 30, 2.9 (in "Special Conditions") does not require this inside delivery. Furthermore, cart deliveries, industry -wide, are not delivered with inside delivery included. Would the City confirm that "inside delivery" will not be required for orders purchased under this contract? Page 3 Addendum No. 1 IFB 247232 A10: Delivery is required to. the site, free on board (F.O.B.). The site is responsible to unload carts. Q11: Page 22, 1.60—will a Payment and/or Performance Bond be required for this contract? All: Not required. Q12: Page 27, 1.82, states pay terms as 45 days. Would the City pay in Net 30 days? Al2: Upon receipt and acceptance of all requested goods the invoice will be processed for payment. This payment is normally made within a week or two depending on submission of invoice and correctness. Q13: Page 29, 2.5, requires prices to be held fixed and firm for the first 2 years of the contract. However, with the ongoing volatility in the cost of resin, cart manufacturers are unable to hold pricing longer than a year. Would the City require instead that pricing be held fixed and firm for the first year of the contract? A13: Due to the volatility of petroleum, the City is advising all bidders that Special Condition Section 2.3., Term of Contract and Section 2.5., Escalation Clause, are hereby revised to read that the first period shall now read one year fixed and firm instead of two years fixed and firm, followed by three, one year renewal periods each with equitable adjustments at the commencement of each period. Any percent increase or decrease must be substantiated with supplier documentation reflecting the same percent 'increase or decrease. All rate adjustment requests must be submitted at least thirty (30) days prior to the end of each year to be evaluated and approved by the Director of Purchasing. If submission is not made in a timely fashion, any increase for the year may be denied. Q14: Page 32, 2.14, requires the Successful Bidder to be responsible for warranty repairs. Such a requirement is not standard to cart provision bids, industry -wide, yet our company can provide this service as a separate contract, providing full "no fault" cart maintenance. Our company has the lowest warranty failure rate in the industry and furnishes all warranty parts and components at no charge. Our procedure for warranty claims is fuss free. Would the City remove this requirement for warranty repairs, and/or require a separate contract or separate optional pricing for such a program for the City? A14: No. The Successful Bidder is fully required to provide all warranty repairs at no cost to the City. Q15: Page 33, 2.21, requires that the Bidder bear all costs for sample testing. This specification is unusual and unreasonable, requiring Bidders to agree to unspecified testing, both by the City and an unnamed outside organization, and to pay an unspecified amount for said testing. The U.S. industry standard for cart testing is for the manufacturer to provide ANSI Cart Safety Test data, independently . certified by a testing lab or licensed professional engineer. This conformance with the American National Standard is then backed up by the manufacturer's agreement to meet quality standards and honor his Ten (10) Year Non -Prorated Warranty. We respectfully request that the open ended reimbursement for unspecified testing be deleted from the specification`s and replaced with the requirement for independently certified ANSI testing. Page 4 Addendum No. 1 IFB 247232 A15: Negative. If desired by the City, the supplier will be required to submit a complete unit for testing, as necessary, at no cost to the City. Q16: Page 35, 3.1.2, states that 95-96 gallon carts are acceptable. "Capacity" in this same Item is required to be 95, 65, or 35 gallons. However, page 6 requires pricing for approximately 95-98 Gallon containers, 65-68 gallon containers, and 35-38 Galion containers. "Capacity" requires that the cart volume may not include the lid, although ANSI Standards allow the volume of the lid to be included in the cart's capacity/volume. a. Will the City allow the lid of the cart to be added to meet the City's requirement for cart volume, and b. Will the City allow size ranges of 64-68 Gallon containers and 32-38 Gallon Containers? A16: For a., the City will allow the lid of the cart to be added to meet the City's requirement for cart volume. The city of Miami intends to order only the 95-96 Gallon cart. For b., the size ranges must be approved by the agency requesting the size cart with price covering the allowance. Q17: Page 35, 3.1.2, requires approximate dimensions for a 95 gallon cart, but allows carts of 95-98 gallons. Will the City amend this specification to state that the dimensions are listed as a guideline, and require bidders to state their cart's dimensions for the City's consideration? A17: The City has listed the dimensions as a guideline to the City'.s needs. As such, bidders are to quote based on the dimensions shown in 3.1.2. CONSTRUCTION (with modifications described in this Addendum). Q18: Page 35, 3.1.2, requires 12" diameter wheels on carts. Ten inch diameter wheels are in use on millions of carts with excellent results. These wheels have been thoroughly tested to exceed all ANSI safety standards and are rated at 200 pounds per wheel. Would the City allow minimum .10" wheels on carts? A18: The City will allow for 10" wheels as a substitute for the 12" wheels. Q19: Page 35, 3.1.2, requires the 95 gallon cart weight to be 40 lbs. Please refer to the explanation in our Question #6 above. In order to compensate for an inferior, weaker injection molded cart with high - density polyethylene resin, many manufacturers create a thicker product, with the assumption that a "thicker cart" is indeed a "stronger cart". The trade-off is a heavy cart that requires a user to jack the cart back with his foot. Our use of medium density polyethylene resin, with superior impact properties (Elongation at Yield and Environmental Stress Crack Resistance), produces a cart with the best of both worlds: flexible enough to endure the rigors of automated waste collection AND 33% to 50% easier for your residents to tilt. We respectfully request that the City allow carts with a minimum 35 pound weight. If the City desires, this requirement may be specified for Rotationally molded carts only. A19: The city of Miami has no issue with the 35 Ib. cart but must also follow A6 shown above. Page 5 Addendum No. 1 IFB 247232 Q20: Page 35, 3.1.2 and 3.1.2.M requires a capacity of 250-325 pounds (load rating), minus the volume of the lid. ANSI Standard Z245.30-2008 allows the volume of the lid to be used in calculating the cart's volume, and limits a cart's load rating to 3.5 pounds per gallon. A 96 gallon cart bid would then be required to have a load rating of 335 pounds, the maximum allowable load rating by ANSI for a 96-gallon cart. Would the City change this specification to require that the Bidder submit independently certified copies of all ANSI test results with bid, with test results stating the load (in pounds) under which tests were conducted, and with the lid volume allowed to be added to total cart volume? Would the City further require that the load under which the tests were conducted be the same as the load rating stated in all literature and specifications presented in the Bidder's submission? A20: ANSI Standard Z245.30-2008 and ANSI Standard Z245.60-2008 must be followed. Lid volume may be included. Bidder must submit independently certified copies of all ANSI tests with the bid attached to the Header/Attachments Section of this IFB. The bidder must submit a tech data sheet from the resin producer. All unitsmust withstand up to 45 mph of winds from any direction when empty. Q21: Page 36, 3.1.2.N requires a nominal wall thickness of 0.175 inches in the body and a minimum of 0.185 inch thickness in critical wear points. Based on the above explanations in our questions #6 and #19, would the City allow a slightly less nominal thickness, at nominal 0.172 inches for a 96 gallon cart, nominal 0.160" for the 64 gallon and nominal 0.150" for the 35 gallon cart? If the City desires, this requirement may be specified for rotationally molded carts only. A21: Yes, as long as this meets all other requirements stated in this Addendum and other agencies approve at the time of their ordering. Q22: Page 36, 3.1.5, requires that the axle be interchangeable with all carts, in the IFB. •Our cart axles are sized to fit our cart and each size is interchangeable among all carts of the same model/size. Other parts are interchangeable among our cart sizes. For example, our wheels fit all of our carts, required in the IFB. Also, it is quite typical that manufacturers do not design their parts to be compatible with other manufacturers' carts/parts. Therefore, is it the intent and requirement of the City for Bidders to state compatibility and interchangeability of cart components among carts bid by each Bidder? A22: The City is attempting to create as much interchangeability as possible, where reasonable. Obviously smaller carts will have smaller axles. Q23: Page 36, 3.1.6, requires carts to be manufactured using up to 5-10% recycled material. Our company has proven that carts may be manufactured using higher levels of recycled resin, without compromising performance and durability, and our 15+ year active service life. Will the City consider higher levels of recycle resin, with the Bidder stating the level that may be used in the carts that they bid? A23: The City has no objection to a higher recycle material providing the full warranty remains a minimum of ten (10) years per A6, and remains low bid. Page 6 Addendum No. 1 IFB 247232 Q24: Page 38, 3.2.7.C, requires delivery of 30 days after receipt of order. Would the City allow a longer lead time of 45 days, and the ability to work with the City for future, "substantial" quantity orders? A24: Ifthe'City agrees to an extended period at placement of order. Q25: Page 38, 3.2.7.D requires carts to be delivered assembled or unassembled. Please clarify the preference of the City. While our company can ship larger sized carts fully assembled, the City's greatest savings is with partially or unassembled carts. Does the City intend for the bidder to provide multiple prices for carts, with pricing for fully assembled carts and pricing for partially or unassembled carts as well? A25: No. The City requests pricing 'for partial assembled carts (including the lid attached). The wheels and axles should be inside the cart. This. is for the purpose of stacking the carts within each other. Wheels will be installed on the bottom unit only of each stack. ALL OTHER TERMS AND CONDITIONS OF THE IFB REMAIN THE SAME. Sincerely, Kenneth J. Robertson Director/Chief Procurement Officer Page 7 RFQ: 273268,1 rave 1 ul Negotiations > RFQ: 273268,1 Horne Logout Preferences Help ntelllrgerice Actions View Online Discussions Cio ) Title IFB for Purchase of Mobile Refuse Containers for Automated Garbage Collection Status Active (Locked) Time Left 32 days 3 hours Header Lines Controls Contract Terms Suppliers Buyer Byrnes, Terry Style Sealed Security Level Public Approval Status Requires No Approval Description Invitation Collaboration Team Member Position Open Date 01-Jul-2011 09:19:01 Close Date 02-Aug-2011 13:00:00 Organization Outcome Event City of Miami Blanket Purchase Agreement To notify of change in bid number from IFB 273265 to IFB 273268 For Bid for Purchase of Injection Molded Mobile Refuse Containers for Automated Garbage Collection - City of Miami and the Southeast Florida Governmental Purchasing Co -Operative Byrnes. Terry '10857:Procurement Spec Sr\..1210.CIassified.261000 Robertson. 5151.Dir, Purchasing.8315Unclassified, 'Kenneth iExecutive.261000 Terms Global Agreement No Effective Start Date Effective End Date Bill -To Address 161000 - Finance - General Accounting Ship -To Address 261000 - Purchasing FOB Destination Currency Attributes RFQ Currency USD Target -Task Tasktsate Completed Amendment Description View Approver Only ......................_.__..._.................................. No 'No Total Agreement Amount Minimum Release Amount Payment Terms Carrier Freight Terms Display Scoring criteria to Suppliers No Show All Details I Hide All Details Details Attribute Group Net 30 Pre -Pay and Add Price Precision Any Maximum Score http://imiami.riverside.cingov.net:8003/OA_HTML/OA.jsp?OAFunc' PON NEG_SUMM... 7/1/2011 1ZFQ: 273268,1 Page 2 of 2 -Show General Solicitation Notice Name ........._.................................................._......... Abstract Notes and Attachments Note to Suppliers ;File Name Type Description coop -bid- File Southeast Florida cover- Government Purchasing sheetpdf CO-OP Form Version 0 i otaE 0 Status ........._.._.__ ............................... Not Published Note: Southeast Florida Governmental Purchasing CO-OP Form Last Last Category Updated By (Updated Usage To TBYRNES 01-Jul- Supplier 2011 Header Lines Controls Contract Terms Suppliers Return to Negotiations One - :Time Update Delete Actions View Online Discussions o> Requests N5gotiations I Intelligence I Home I Logout I Preferences I Help Copyright (c) 2006, Oracle. All rights reserved. Privacy Statement http://imiami.riverside.cmgov.net:8003/OA_HTML/OA.jsp?OAFunc=PON NEG_SUMM... 7/1/2011 City P f tarn! Invitation for Bid (IFB) Purchasing Department Miami Riverside Center 444 SW 2^d Avenue, 6th Floor Miami, Florida 33130 Web Site Address: http://ci.miami.fl.us/procurement IFB Number: Title: 273268,3 IFB for Purchase of Mobile Refuse Containers for Automated Garbage Collection Issue Date/Time: 01-AUG-2011 IFB Closing Date/Time: 09-AUG-2011 @ 13:00:00 Pre -Bid Conference: Pre -Bid. Date/Time: Pre -Bid Location: Deadline for Request for Clarification: Friday, July 8, 2011 at 3:00 PM Buyer: Byrnes, Terry Hard Copy Submittal Location: City of Miami - City Clerk 3500 Pan American Drive Miami FL 33133 US Buyer E-Mail Address: tbyrnes@ci.miami.fl.us Buyer Facsimile: (305) 400-5230 Page 1 of 39 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 tenns 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: SUPPLI FR NAME. ADDRESS: PHONE: FAX. EMAIL: BEEPER. SIGNED BY- TITLE: DATE - FAILURE TO COMPLETE, SIGN. AND RETURN THIS FORM SHALL DISOUALIFY THIS BID. Page 2 of 39 Certifications Legal Name of Firm: Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Address, City, State, Zip, Contact Name, Title, Phone, Fax, Email: Office Location: City of Miami, Miami -Dade County, or Other Occupational License Number: Occupational License Issuing Agency: Occupational License Expiration Date: Respondent certifies that (s) he has read and understood the provisions of City of Miami Ordinance No. 10032 (Section 18-105 of the City Code) pertaining to the implementation of a "First Source Hiring Agreement.": (Yes or No) Do you expect to create new positions in your company in the event your company was awarded a Contract by the City? (Yes or No) In the event your answer to question above is yes, how many new positions would you create to perform this work? Please list the title, rate of pay, summary of duties, number of positions, and expected length or duration of all new positions which might be created as a result of this award of a Contract. Minority/Women Business Affairs Registration Status: Hispanic, Female, Black or None, Page 3 of 39 Will Subcontractor(s) be used? (Yes or No) If subcontractor(s) will be utilized, provide their name, address and the the portion of the work they will be responsible for under this contract (a copy of their license(s) must be submitted with your bid response): Does the City of Miami Living Wage Ordinance apply to this formal solicitation? ( See Section 1.40 of the General Terms and Condtions) (Yes or No) Service Total Contract Amount( which includes base term and renewal options): Is this service contract a citywide contract? (Yes or No) If the above answer is no, please indicate the name of the city (end user) department that your contract will serve: Provide brief description of the project or service to be provided I/We hereby state compliance with the City of Miami Living Wage Ordinance, Section 18-556 through Section 18-559 as summarized in Section 1.40 of the General Terms and Condtions? (Yes or No) Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (i.e. Addendum No. 1, 7/1/07). If no addendum/addenda was/were issued, please insert N/A. Reference No. 1: Name of Company/Agency for which bidder is currently providing the services/goods as described in this solicitation, or has provided such services/goods in the past: Reference No. 1: Address, City, State, and Zip for above reference company/agency listed: Reference No. 1: Name of Contact Person and Telephone Number for above reference no. 1 Page 4 of 39 Reference No. 1: Date of Contract or Sale for above reference no. 1 Reference No. 2: Name of Company/Agency for which bidder is currently providing the services/goods as described in this solicitation, or has provided such services/goods in the past: Reference No. 2: Address, City, State, and Zip for above reference company/agency listed: Reference No. 2: Name of Contact. Person and Telephone Number for above reference no. 2 Reference No. 2: Date of Contract or Sale for above reference no. 2 Reference No. 3: Name of Company/Agency for which bidder is currently providing the services/goods as described in this solicitation, or has provided such services/goods in the past: Reference No. 3: Address, City, State, and Zip for above reference company/agency listed: Reference No. 3: Name of Contact Person and Telephone Number for above reference no. 3 Reference No. 3: Date of Contract or Sale for above reference no. 3 Page 5 of 39 Line: 1 Description: Injection Molded Mobile Refuse and/or Recycle Containers - Approx. 95-98 Gallon Container, Delivered Category: 45034-35 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Manufacturer Model Number Supplier Part Number Line: 2 Description: Injection Molded Mobile Refuse and/or Recycle Containers - Approx. 65-68 Gallon Container, Delivered Category: 45034-35 Unit of Measure: Each Unit Price: $ Manufacturer . . Model Number Supplier Part Number Line: 3 Number of Units: 1 Total: $ Description: Injection Molded Mobile Refuse and/or Recycle Containers - Approx. 35-38 Gallon Container, Delivered Category: 45034-35 Unit of Measure: Each Unit Price: $ Manufacturer Number of Units: 1 Total: $ Page 6 of 39 Model Number Supplier Part Number Line: 4 Description: Replacement Parts - Container Lid with Markings Category: 45034-35 Unit of Measure: Each Unit Price: $ Manufacturer Model Number Supplier Part Number Line: 5 Number of Units: 1 Total: $ Description: Replacement Parts - Container Axle Category: 45034-35 Unit of Measure: Each Unit Price: $ Manufacturer Model Number Supplier Part Number Line: 6 Number of Units: 1 Total: $ Description: Replacement Parts - Container Lid Hinge Pin Category: 45034-35 Unit of Measure: Each Page 7 of 39 Unit Price: $ Number of Units: 1 Total: $ Manufacturer Model Number Supplier Part Number Line: 7 Description: Replacement Parts - Container Axle Spacer Category: 45034-35 Unit of Measure: Each Unit Price: $ Manufacturer Model Number Supplier Part Number Line: 8 Number of Units: 1 Total: $ Description: Replacement Parts - Container Wheel Category: 45034-35 Unit of Measure: Each Unit Price: $ Manufacturer Model Number Supplier Part Number Line: 9 Number of Units: 1 Total: $ Page 8 of 39 Description: Replacement Parts - Container Retaining Bar with Proper Locking Mechanism Category: 45034-35 Unit of Measure: Each Unit Price: $ Manufacturer Model Number Supplier Part Number Line: 10 Number of Units: 1 Total: $ Description: Replacement Parts - Container Metal Inner Lock Pin Category: 45034-35 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Manufacturer Model Number Supplier Part Number Page 9 of 39 Invitation for Bid (IFB) 273268,3 Table of Contents Terms and Conditions 11 1. General Conditions 11 1.1. GENERAL TERMS AND CONDITIONS 11 2. Special Conditions 29 2.1. PURPOSE 29 2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION 29 2.3. TERM OF CONTRACT 29 2.4. CONDITIONS FOR RENEWAL 29 2.5. ESCALATION CLAUSE 29 2.6. NON -APPROPRIATION OF FUNDS 29 2.7. METHOD OF AWARD 30 2.8. BIDDERS MINIMUM QUALIFICATIONS 30 2.9. DELIVERY 30 2.10. FAILURE TO PERFORM . 30 ' 2.11. INSURANCE REQUIREMENTS 30 2.12. METHOD OF PAYMENT 31 2.13. PACKING SLIP/DELIVERY TICKET TO ACCOMPANY ITEMS DURING DELIVERY 31 2.14. RESPONSE TIME 32 2.15. ADDITIONS/DELETIONS OF FACILITIES/PRODUCTS 32 2.16. CONTRACT ADMINISTRATOR 32 2.17. SAMPLES 32 2.18. TIE BIDS 32 2.19. LIQUIDATED DAMAGES 33 2.20. WARRANTY BY MANUFACTURER 33 2.21. QUALITY AND MANUFACTURE 33 2.22. REFERENCES 33 2.23. TERMINATION 33 2.24. ADDITIONAL TERMS AND CONDITIONS 34 3. Specifications 35 3.1. SPECIFICATIONS/SCOPE OF WORK 35 Page 10 of 39 Invitation for Bid (IFB) 273268,3 Terms and Conditions 1. General Conditions 1.1. GENERAL TERMS AND CONDITIONS Intent: The General Terms and Conditions described herein apply to the acquisition of goods/equipment/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 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 OR.EQUIPMENT - Any good(s) or equipment delivered under this formal solicitation, if applicable, shall remain the property of the seller 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/equipment supplied to the City are found to be defective or does not conform to specifications, the City reserves the right to cancel the order upon written notice to the Contractor and return the product to the Contractor at the Contractor's expense. 1.2. ACCEPTANCE OF OFFER - The signed or electronic submission of your solicitation response shall be considered an offer on the part of the bidder/proposer; 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 or reject any or all responses or parts of after opening/closing date and request re -issuance on the goods/services described in the formal solicitation. In the event of such rejection, the Director of Purchasing shall notify all affected bidders/proposers and make available a written explanation for the rejection. The City also reserves the right to reject the response of any bidder/proposer who has previously failed to properly perform under the terms and conditions of a contract, to deliver on time contracts of a similar nature, and who is not in a position to perform the requirements defined in this formal solicitation. The City further reserves the right to waive any irregularities or minor informalities or technicalities in any or all responses and may, at its discretion, re -issue this formal solicitation. 1.4. ADDENDA — It is the bidder's/proposer's responsibility to ensure receipt of all Addenda. Addenda are available at the City's website at: http://www.ci.miami.fl.us/procurement 1.5. ALTERNATE RESPONSES MAY BE CONSIDERED - The City may consider one (1) altemate response from the same Bidder/Proposer for the same formal solicitation; provided, that the alternate response offers a different product that meets or exceeds the formal solicitation requirements. In order for the City to consider an altemate response, the Bidder/Proposer shall complete a separate Price Sheet form and shall mark "Alternate Response". Altemate response shall be placed in the same response. This provision only applies to formal solicitations for the procurement of goods, services, items, equipment, materials, and/or supplies. 1.6. ASSIGNMENT - Contractor agrees not to subcontract, assign, transfer, convey, sublet, or otherwise dispose of the resulting Contract, or any or all of its right, title or interest herein, without City of Miami's prior written consent. 1.7. ATTORNEY'S FEES - In connection with any litigation, mediation and arbitration arising out of this Contract, the prevailing party shall be entitled to recover its costs and reasonable attomey's fees through and including appellate litigation and any post judgment proceedings. 1.8. AUDIT RIGHTS AND RECORDS RETENTION - The Successful Bidder/Proposer agrees to provide access at all reasonable times to the City, or to any of its duly authorized representatives, to any books, documents, papers, and records of Contractor which are directly pertinent to this formal solicitation, for the purpose.of audit, examination, excerpts,:and transcriptions. The Successful Bidder/Proposer shall maintain and retain any and all of the books, documents, papers and records pertinent to the Contract for Page 11 of 39 Invitation for Bid (IFB) 273268,3 three (3) years after the City makes final payment and all other pending matters are closed. Contractor's failure to or refusal to comply with this condition shall result in the immediate cancellation of this contract by the City. 1:9. AVAILABILITY OF -CONTRACT STATE-WIDE - Any Governmental, not -for -profit or quasi -governmental entity in the State of Florida, may avail itself of this contract and purchase any and all goods/services, specified herein from the successful bidder(s)/proposer(s) 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 bid contract or agreement will establish its own contract/agreement, 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(s)/proposer(s). 1.10. AWARD OF CONTRACT: A. The Formal Solicitation, Bidder's/Proposer's response, any addenda issued, and the purchase order shall constitute the entire contract, unless modified in accordance with any ensuing contract/agreement, amendment or addenda. B. The award of a contract where there are Tie Bids will be decided by the Director of Purchasing or designee in the instance that Tie Bids can't 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 Technical Specifications. Bidder/Proposer shall be in default of its contractual obligation if such documents are not submitted in a timely manner and in the form required by the City. Where Bidder/Proposer is in default of these contractual requirements, the City, through action taken by the Purchasing Department, will void its acceptance of the Bidder's/Proposer's Response and may accept the Response from the next lowest responsive, responsible Bidder or Proposal most advantageous to the City or re -solicit the City's requirements. The City, at its sole discretion, may seek monetary restitution from Bidder/Proposer and its bid/proposal bond or guaranty, if applicable, as a result of damages or increased costs, sustained as a result of the Bidder's/Proposer's default. D. The term of the contract shall be specified in one of three documents which shall be issued to the successful Bidder/Proposer. 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 toone hundred twenty (120) calendar days beyond the stated contract tern 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 is exercised, the City shall notify the Bidder/Proposer, in writing, of its intent to extend the contract at the same price, terms and conditions for a specific number of days. Additional extensions over the first one hundred twenty (120) day extension may occur, if, the City and the Successful Bidder/Proposer 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 or individual -item basis, or such combination as shall best serve the interests of the City unless otherwise specified. H. A Contract/Agreement may be awarded to the Bidder/Proposer by the City Commission based upon the minimum qualification requirements reflected herein. As a result of a RFP, RFQ, or RFLI, the City reserves the right to execute or not execute, as applicable, an Agreement with the Proposer, whichever is determined to be in the City's best interests. Such agreement will be furnished by the City, will contain certain terns as are in the City's best interests, and will be subject to approval as to legal form by the City Attorney. 1.11. BID BOND/ BID SECURITY - A cashier's or certified check, or a Bid Bond signed by a recognized surety company that is licensed to do business in the State of Florida, payable to the City of Miami, for the amount bid is required from all bidders/proposers, if so indicated under the Special Conditions. This check or bond guarantees that a bidder/proposer will accept the order or contract/agreement, as bid/proposed, if it 'is awarded to bidder/proposer. Bidder/Proposer shall forfeit bid deposit to the City should City award Page 12 of 39 Invitation for Bid (IFB) 273268,3 contract/agreement to Bidder/Proposer and Bidder/Proposer fails to accept the award. The City reserves the right to reject any and all surety tendered to the City. Bid deposits are retumed to unsuccessful bidders/proposers within ten (10) days after the award and successful bidder's/proposer's acceptance of award. If sixty (60) 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. RESPONSE FORM (HARDCOPY FORMAT) - All forms should be completed, signed and submitted accordingly. 1.13. BID SECURITY FORFEITED LIQUIDATED DAMAGES - Failure to execute an Agreement 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 Security to the City, which forfeiture shall be considered, not as a penalty, but in mitigation of damages sustained. Award may then be made to the next lowest responsive, responsible Bidder or Proposal most advantageous to the City or all responses may be rejected. 1.14. BRAND NAMES - If and wherever in the specifications brand names, makes, models, names of any manufacturers, trade names, or bidder/proposer 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 wish to rule out other competitors' brands or makes, the phrase "OR EQUAL" is added. When bidding/proposing an approved equal, Bidders/Proposers will submit, with their response, complete sets of necessary data (factory information sheets, specifications, brochures, etc.) in order for the City to evaluate and determine the equality of the item(s) bid/proposed. The City shall be the sole judge of equality and its decision shall be final. 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 only upon request of the City. If samples should be requested, such samples must be received by the City no later than seven (7) calendar days after a formal request is made. 1.15. CANCELLATION - The City reserves the right to cancel all formal solicitations before its opening/closing. In the event of bid/proposal cancellation, the Director of Purchasing shall notify all prospective bidders/proposers and make available a written explanation for the cancellation. 1.16. CAPITAL EXPENDITURES - Contractor understands that any capital expenditures that the firm makes, or prepares to make, in order to deliver/perform the goods/services required by the City, is a business risk which the contractor must assume. The City will not be obligated to reimburse amortized or unamortized capital expenditures, or to maintain the approved status of any contractor. If 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/Proposer/Consultant, any sub-contractor/sub-consultant, or to any other person for, or on account of, any stoppages or delay in the work herein provided for by injunction or other legal or equitable proceedings or on account of any delay for any cause over which the City has no control. 1.18. COLLUSION —Bidder/Proposer, 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 response for the same items/services or with the City of Miami's Purchasing Department or initiating department. The Bidder/Proposer certifies that its response is fair, without control, collusion, fraud or other illegal action. Bidder/Proposer 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/responses where collusion may have occurred. 1.19. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS - Contractor understands that contracts between private entities and local govermnents are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, records keeping, etc. City and Contractor agree to comply with and observe all applicable laws, codes and ordinances as that may in any way affect the goods or equipment 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. Page 13 of 39 Invitation for Bid (IFB) 273268,3 B. Occupational, Safety and Health Act (OSHA), as applicable to this Formal Solicitation. C. The State of Florida Statutes, Section 287.133(3)(A) on Public Entity Crimes. D: Environment,Protection Agency (EPA), as applicable to this.Fonnal Solicitation. E. Uniform Commercial Code (Florida Statutes, Chapter 672). • F. Americans with Disabilities Act of 1990, as amended. G. National Institute of Occupational Safety Hazards (NIOSH), as applicable to this Formal Solicitation. H. National Forest Products Association (NFPA), as applicable to this Formal Solicitation. I. City Procurement Ordinance City Code Section 18, Article III. J. Conflict of Interest, City Code Section 2-611;61. K. Cone of Silence, City Code Section 18-74. L. The Florida Statutes Sections 218.73 and 218.74 on Prompt Payment: M. First Source Hiring Agreement, City Ordinance No. 10032, as applicable to this Formal Solicitation. Implemented to foster the creation of new and permanent jobs for City of Miami residents; requires as a condition precedent to the execution of service contracts including professional services. Lack of knowledge by the bidder/proposer will in no way be a cause for relief from responsibility. Non-compliance with all local, state, and federal directives, orders, and laws may be considered grounds for termination of contract(s). 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 RFP, RFQ, RFLI, or IFB after advertisement 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 Contracts for the provision of goods and services and public works or improvements for amounts greater than $200,000. The Cone of Silence prohibits any communication regarding RFPs, RFQs, RFLI or IFBs (bids) 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 and any member of the respective selection/evaluation committee. The provision does not apply to, among other communications: oral communications with the City purchasing 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 -proposal or pre -bid conferences, oral presentations before selection/evaluation committees, contract negotiations during any duly noticed public meeting, 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 RFP, RFQ, RFLI or IFB (bid) documents (See Section 2.2. of the Special Conditions); or communications in connection with the collection of industry comments or the performance of market research regarding a particular RFP, RFQ, RFLI OR IFB by City Purchasing staff. Proposers or 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 Office of the City Clerk, which shall be made available to any person upon request. Written communications may be in the form of e-mail, with a copy to the Office of the City Clerk. In addition to any other penalties provided by law, violation of the Cone of Silence by any proposer or bidder shall render any award voidable. A violation by a particular Bidder, Proposer, Offeror, Respondent, 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 Ethics Commission. Proposers or bidders should reference Section 18-74 of the City of Miami Code for further clarification. Page 14 of 39 Invitation for Bid (IFB) 273268,3 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 at 305-250-5360, to obtain a copy of same. 1.21. CONFIDENTIALITY As a political subdivision, the City of Miami is subject to the Florida Sunshine Act and Public Records Law. If this Contract/Agreement 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/Proposers, by responding to this Formal Solicitation, certify that to the best of their knowledge or belief, no elected/appointed official or employee of the City of Miami is financially interested, directly or indirectly, in the purchase of goods/services specified in this Formal Solicitation. Any such interests on the part of the Bidder/Proposer or its employees must be disclosed in writing to the City. Further, you must 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 your firm. A. Bidder/Proposer further agrees not to use or attempt to use any knowledge, property or resource which may be within his/her/its trust, or perform his/her/its duties, to secure a special privilege, benefit, or exemption for himself/herself/itself, or others. Bidder/Proposer may not disclose or use information not available to members of the generalpublic and gained by reason of his/her/its position, except for information relating exclusively to governmental practices, for his/her/its personal gain or benefit or for the personal gain or benefit of any other person or business entity. B. Bidder/Proposer hereby acknowledges that he/she/it 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/Proposer further warrants that he/she/it 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/Proposer to immediate termination of any professional services agreement with the City, 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/Proposers 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/proposers agree to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 1.24. COST INCURRED BY BIDDER/PROPOSER - All expenses involved with the preparation and submission of Responses to the City, or any work performed in connection therewith shall be borne by the Bidder(s)/Proposer(s). 1.25. DEBARMENT AND SUSPENSIONS (Sec 18-107) (a) Authority and requirement to debar and 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 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 debannent determination. The authority to debar and 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 or 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. Page 15 of 39 Invitation for Bid (IFB) 273268,3 (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 nonresponsibility: 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 or suspension. (5) Debarment or 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 penaltyor fine is due and owing to the city. (9) Any other cause judged by the City Manager to be so serious and compelling as to affect the responsibility of the Contractual Party performing city Contracts. (c) Certification. All Contracts for goods and services, sales, and leases by the city shall contain a certification that neither the Contractual Party nor any of its principal owners or personnel have been convicted of any of the violations set forth above or debarred or suspended as set forth in paragraph (b)(5). (d) Debarment and suspension decisions. Subject to the provisions of paragraph (a), the City Manager shall render a written decision stating the reasons for the debarment or suspension. A copy of the decision shall be provided promptly to the Contractual Party, along with a notice of said party's right to seek judicial relief. 1.26. DEBARRED/SUSPENDED VENDORS —An entity or affiliate who has been placed on the State of Florida debarred or suspended vendor list may not submit a response on a contract to provide goods or services to a public entity, may not submit a response on a contract 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 award or perform work as a contractor, supplier, subcontractor, or consultant under 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/Proposer 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/Proposer to meet any terms of this agreement, the City will notify the Bidder/Proposer of the default and will provide the contractor three (3) days (weekends and holidays excluded) to remedy the default. Failure on the contractor's part to correct the default within the required three (3) days shall result in the Contract being terminated and upon the City notifying in writing the 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/Proposer incapable of performing the work in accordance with and as required by the Contract. Page 16 of 39 Invitation for Bid (IFB) 273268,3 F. Failure to comply with any of the terns 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. 1.28. DETERMINATION OF RESPONSIVENESS - Each Response will be reviewed to determine if it is responsive to the submission requirements outlined in the Formal Solicitation. A "responsive" response 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 Response non -responsive. 1.29. DISCOUNTS OFFERED DURING TERM OF CONTRACT - Discount Prices offered in the response shall be fixed after the award 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(s)/Proposer(s) during the term of the contract. Such discounts shall remain in effect for a minimum of 120 days from approval by the City Commission Any discounts offered by a manufacturer to Bidder/Proposer will be passed on to the City. 1.30. DISCREPANCIES, ERRORS, AND OMISSIONS - Any discrepancies, errors, or ambiguities in the Formal Solicitation or addenda (if any) should be reported in writing to the City's Purchasing Department. Should it be found necessary, a written addendum will be incorporated in the Formal Solicitation and will become part of the purchase agreement (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 (as applicable) 2) Specifications 3) Special Conditions 4) General Terms and Conditions 1.31. EMERGENCY / DISASTER PERFORMANCE - In the event of a hurricane or other emergency or disaster situation, the successful vendor shall provide the City with the commodities/services defined within the scope of this formal solicitation at the price contained within vendor's response. Further, successful vendor shall deliver/perform for the city on a priority basis during such times of emergency. .1.32. ENTIRE BID CONTRACT OR AGREEMENT - The Bid Contract or Agreement consists of this City of Miami Formal Solicitation and specifically this General Conditions Section, Contractor's Response and any written agreement entered into by the City of Miami and Contractor in cases involving RFPs, RFQs, and RFLIs, 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 agreement conflicts with, modifies, alters or changes any of the terms and conditions contained in the Formal Solicitation and/or Response, the Formal Solicitation and then the Response shall control. This Contract may be modified only by a written agreement signed by the City of Miami and Contractor. 1.33. ESTIMATED QUANTITIES —Estimated quantities or estimated dollars are provided for your guidance only. 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 this contract. Said estimates may be used by the City for purposes of determining the low bidder or most advantageous proposer meeting specifications. The City reserves the right to acquire additional quantities at the prices bid/proposed or at lower prices in this Formal Solicitation. 1.34. EVALUATION OF RESPONSES A.Rejection of Responses The City may reject a Response for any of the following reasons: 1) Bidder/Proposerfails to acknowledge receiptof addenda; Page 17 of 39 Invitation for Bid (IFB) 273268,3 2) Bidder/Proposer mistates or conceals any material fact in the Response ; 3) Response does not conform to the requirements of the Formal Solicitation; 4) Response requires a conditional award that conflicts with the method of award; 5) Response does not include required samples, certificates, licenses as required; and, 6) Response was not executed by the Bidder's/Proposer(s) authorized agent. The foregoing is not an all inclusive list of reasons for which a Response may be rejected. The City may reject and re -advertise for all or any part of the Formal Solicitation whenever it is deemed in the best interest of the City. B. Elimination From Consideration 1) A 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 contract may not be awarded to any person or firm which has failed to perform under the terns and conditions of any previous contract with the City or deliver on time contracts of a similar nature. 3) A contract may not be awarded to any person or firm which has been debarred by the City in accordance with the City's Debarment and Suspension Ordinance. C. Determination of Responsibility 1) Responses will only be considered from entities who are regularly engaged in the business of providing the goods/equipment/services required by the Formal Solicitation. Bidder/Proposer 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. The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and well established entity in line with the best industry practices in the industry as determined by the City. 2) The City may consider any evidence available regarding the financial, technical and other qualifications and abilities of a Bidder/Proposer, including past performance (experience) with the City or any other governmental entity in making the award. 3) The City may require the Bidder(s)/Proposer(s) to show proof 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. 1.35. EXCEPTIONS TO GENERAL AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS - Exceptions to the specifications shall be listed on the Response and shall reference the section. Any exceptions to the General or Special Conditions shall be cause for the bid (IFB) to be considered non -responsive. It also may be cause for a RFP, RFQ, or RFLI to be considered non -responsive; and, if exceptions are taken to the terms and conditions of the resulting agreement it may lead to terminating negotiations. .1.36. F.O.B. DESTINATION - Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the bidder/proposer must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in the bid/proposal price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection of bid/proposal. 1.37. FIRM PRICES -The bidder/proposer warrants that prices, terms, and conditions quoted in its response will be firm throughout the duration of the contract unless otherwise specified in the Formal Solicitation. Such prices will remain firm for the period of performance or resulting purchase orders or contracts, which are to be performed or supplied over a period of time. 1.38. FIRST -SOURCE HIRING AGREEMENT (Sec. 18-105) (a) The Commission approves implementation of the first -source hiring agreement policy and requires as a condition precedent to the execution of service contracts for facilities, services, and/or receipt of grants and loans, for projects of a nature that create new jobs, the successful negotiation of first -source hiring agreements between the organization or individual receiving said contract and the authorized representative unless such an agreement is found infeasible by the city manager and such finding approved by the City Commission at a public hearing. (b) For the purpose of this section, the following terms, phrases, words and their derivations shall have the following meanings: Page 18 of 39 Invitation for Bid (IFB) 273268,3 Authorized representative means the Private Industry Council of South Florida/South Florida Employment and Training Consortium, or its successor as local recipient of federal and state training and employment funds. Facilities means all publicly financed projects, including but without limitation, unified development projects, municipal public works, and municipal improvements to the extent they are financed through public money services or the use of publicly owned property. Grants and loans means, without limitation, urban development action grants (UDAG), economic development agency construction loans, loans from Miami Capital Development, Incorporated, and all federal and state grants administered by the city. Service contracts means contracts for the procurement of services by the city which include professional services. Services includes, without limitation, public works improvements, facilities, professional services, commodities, supplies, materials and equipment. (c) The authorized representative shall negotiate each first -source hiring agreement. (d) The primary beneficiaries of the first -source hiring agreement shall be participants of the city training and employment programs, and other residents of the city. 1.39. FLORIDA MINIMUM WAGE - The Constitution of the State of Florida, Article X, Section 24, states that employers shall pay employee wages no less than the minimum wage for all hours worked in Florida. Accordingly, it is the contractor's and its' subcontractor(s) responsibility to understand and comply with this Florida constitutional minimum wage requirement and pay its employees the current established hourly minimum wage rate, which is subject to change or adjusted by the rate of inflation using the consumer price index for urban wage earners and clerical workers, CPI-W, or a successor index as calculated by the United States Department of Labor. Each adjusted minimum wage rate calculated shall be determined and published by the Agency Workforce Innovation on September 30th of each year and take effect on the following January 1st. At the time of responding, it is bidder/proposer and his/her subcontractor(s), if applicable, full responsibility to determine whether any of its employees may be impacted by this Florida Law at any given point in time during the term of the contract. If impacted, bidder/proposer must furnish employee name(s), job title(s), job description(s), and current pay rate(s). Failure to submit this information at the time of submitting a response constitute successful bidder's/proposer's acknowledgement and understanding that the Florida Minimum Wage Law will not impact its prices throughout the term of contract and waiver of any contractual price increase request(s). The City reserves the right to request and successful bidder/proposer must provide for any and all information to make a wage and contractual price increase(s) determination. 1.40. GOVERNING LAW AND VENUE - The validity and effect of this Contract shall be govemed by the laws of the State of Florida. The parties agree that any action, mediation or arbitration arising out of this Contract shall take place in Miami -Dade County, Florida. 1.41. HEADINGS AND TERMS - The headings to the various paragraphs of this 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 provisions hereof. 1.42. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) - Any person 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/Proposer and reasonable assurances that IIHI/PHI will be held confidential; Page 19 of 39 Invitation for Bid (IFB) 273268,3 E. Making Protected Health Information (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 (paper records, and/or electronic transfer of data). The Bidder/ Proposer 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. 1.43. INDEMNIFICATION - Contractor shall indemnify , hold harmless and defend the City, its officials, officers, agents, directors, and employees, from liabilities, damages, losses, and costs, including, but not limited to reasonable attorneys fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the perforniance of this Contract and will indemnify, hold harmless and defend the City, its officials, officers, agents, directors and 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, unless such injuries or damages are ultimately proven to be the result of grossly negligent or willful acts or omissions on the part of the City, its officials and/or employees.. These indemnifications shall survive the term of this Contract. In the event that any action or proceeding is brought against City by reason of any such claim or demand, Contractor shall, upon written notice from City, resist and defend such action or proceeding by counsel satisfactory to City. The Contractor expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by 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 Contractor to defend at its own expense to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against City whether performed by Contractor, or persons employed or utilized by Contractor. This indemnity will survive the cancellation or expiration of the Contract. This indemnity will be interpreted under the laws of the State of Florida, including without limitation and which conforms to the limitations of §725.06 and/or §725.08, Fla. Statues, as amended from time to time as applicable. Contractor shall require all Sub -Contractor agreements to include a provision that they will indemnify the City. The 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 Contractor in which the City participated either through review or concurrence of the Contractor's actions. In reviewing, approving or rejecting any submissions by the Contractor or other acts of the Contractor, the City in no way assumes or shares any responsibility or liability of the Contractor or Sub -Contractor, under this Agreement. 1.44. INFORMATION AND DESCRIPTIVE LITERATURE—Bidders/Proposer must furnish all information requested in the spaces provided in the Formal Solicitation. Further, as may be specified elsewhere, each Bidder/Proposer 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 response or on file with the Buyer will not satisfy this provision. 1.45. INSPECTIONS - The City may, at reasonable times during the term hereof, inspect 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 Contractor under this Contract conform to the terms and conditions of the Formal Solicitation. 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 18-79), as same may be amended or supplemented from time to time. 1.46. INSPECTION OF RESPONSE - Responses received by the City pursuant to a Formal Solicitation Page 20 of 39 Invitation for Bid (IFB) 273268,3 will not be made available until such time as the City provides notice of a decision or intended decision or within 10 days after bid closing, whichever is earlier. Bid/Proposal results will be tabulated and may be furnished upon request via fax or e-mail to the Sr. Procurement Specialist issuing the Solicitation. Tabulations also are available on the City's Web Site following recommendation for award. 1.47. INSURANCE - Within ten (10) days after receipt of Notice of Award, the successful Contractor, shall furnish Evidence of Insurance to the Purchasing Department, if applicable. Submitted evidence of coverage shall demonstrate strict compliance to all requirements listed on the Special Conditions entitled "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 insurance certificate is received within the specified time frame but not in the manner prescribed in this Solicitation the 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 Contractor fails to submit the required insurance documents in the manner prescribed in this Solicitation within fifteen (15) calendar days after receipt Notice of Award, the contractor shall be in default of the contractual terms and conditions and shall not be awarded the contract. Under such circumstances, the Bidder/Proposer may be prohibited from submitting future responses to the City: Informationregarding any insurance requirements shall be directed to the Risk Administrator, Department of Risk Management, at 444 SW 2nd Avenue, 9th Floor, Miami, Florida 33130, 305-416-1604. The Bidder/Proposer shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in effect for the duration of the contractual period; including any and all option terms that may be granted to the Bidder/Proposer. 1.48. INVOICES - Invoices shall contain purchase order number and details 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). 1.49. LOCAL PREFERENCE - City Code Section 18-85, states that the City Commission may offer to a responsible and responsive bidder/proposer, who maintains a Local Office, the opportunity of accepting a bid at the low bid amount, if the original bid amount submitted by the local vendor is not more than ten percent (10%) in excess of the lowest other responsible and responsive bidder/proposer. 1.50. MANUFACTURER'S CERTIFICATION - The City reserves the right to request from bidders/proposers a separate Manufacturer's Certification of all statements made in the bid/proposal. Failure to provide such certification may result in the rejection of bid/proposal or termination of contract/agreement, for which the bidder/proposer must bear full liability. 1.51. MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS - No contract or understanding to modify this Formal Solicitation and resultant purchase orders or contracts, if applicable, shall be binding upon the City unless made in writing by the Director of Purchasing of the City of Miami, Florida through the issuance of a change order, addendum, amendment, or supplement to the contract, purchase order or award sheet as appropriate. 1.52. NO PARTNERSHIP OR JOINT VENTURE - Nothing contained in this Contract will be deemed or construed to create a partnership or joint venture between the City of Miami and 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 Depai tnient 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 Bidder's/Proposer's expense. These non -conforming items not delivered as per delivery date in the response and/or Purchase Order may result in bidder/proposer being found in default in which event any and all re -procurement costs may be charged against the defaulted contractor. Any violation of.these stipulations may also result in the supplier's name being removed from the City of Miami's Supplier's list. 1.54. NONDISCRIMINATION —Bidder/Proposer agrees that it shall not discriminate as to race, sex, color, age, religion, national origin, marital status, or disability in connection with its performance under this formal solicitation. Furthermore, Bidder/Proposer agrees that no otherwise qualified individual shall Page 21 of 39 Invitation for Bid (IFB) 273268,3 solely by reason of his/her race, sex, 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, Bidder/Proposer shall not discriminate against any person on the basis of race, color, religion, disability, age, sex, marital status or national origin. 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 its best interest, the City of Miami reserves the right to advertise for, receive, and award additional contracts for these herein goods and/or services, and to make use of other competitively bid (governmental) contracts, agreements, or other similar sources for the purchase of these goods and/or services as may be available. It is hereby agreed and understood that this formal solicitation does not constitute the exclusive rights of the successful bidder(s)/proposer(s) to receive all orders that may be generated by the City in conjunction with this Formal Solicitation. In addition, any and all commodities, equipment, and 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 this solicitation, unless such purchases are determined to be in the best interest of the City. 1.56. OCCUPATIONAL LICENSE - Any person, firm, corporation or joint venture, with a business location in the City of Miami and is submitting a Response under this Formal Solicitation shall meet the City's Occupational License Tax requirements in accordance with Chapter 31.1, Article I of the City of Miami Charter. Others with a location outside the City of Miami shall meet their local Occupational License Tax requirements. A copy of the license must be submitted with the response; however, the City may at its sole option and in its best interest allow the Bidder/Proposer to supply the license to the City during the evaluation period, but prior to award. • 1.57. ONE PROPOSAL - Only one (1) Response from an individual, firm, partnership, corporation or joint venture will be considered in response to this Formal Solicitation. When submitting an alternate response, please refer to the herein condition for "Alternate Responses May Be Considered". 1.58.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 tothe successful Bidder/Proposer pursuant to this formal solicitation shall at all times remain the property of the City and shall not be used by the Bidder/Proposer for any other purposes whatsoever without the written consent of the City. 1.59. PARTIAL INVALIDITY - If any provision of this Contract or the application thereof to any person or circumstance shall to any extent be held invalid, then the remainder of this 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 this Contract shall be valid and enforced to the fullest extent permitted by law. 1.60. PERFORMANCE/PAYMENT BOND —A Contractor may be required to furnish a Performance/Payment Bond as part of the requirements of this Contract, in an amount equal to one hundred percent (100%) of the contract price. 1.61. PREPARATION OF RESPONSES (HARDCOPY FORMAT) —Bidders/Proposers are expected to examine the specifications, required delivery, drawings, and all special and general conditions. All bid/proposed amounts, if required, shall be either typewritten or entered into the space provided with ink. Failure to do so will be at the Bidder's/Proposer's risk. A. Each Bidder/Proposer shall furnish the information required in the Formal Solicitation. The Bidder/Proposer shall sign the Response and print in ink or type the naive of the Bidder/Proposer, address, and telephone number on the face page and on each continuation sheet thereof on which he/she makes an entry, as required. B. If so required, the unit price for each unit offered shall be shown, and such price shall include packaging, handling and shipping, and F.O.B. Miami delivery inside City premises unless otherwise specified. Bidder/Proposer shall include in the response all taxes, insurance, social security, workmen's Page 22 of 39 Invitation for Bid (IFB) 273268,3 compensation, and any other benefits normally paid by the Bidder/Proposer 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 be presumed correct. C. The Bidder/Proposer must state a definite time, if required, in calendar days for delivery of goods and/or services. D. The Bidder/Proposer should retain a copy of all response documents for future reference. E. All responses, as described, must be fully completed and typed or printed in ink and must be signed in ink with the firm's name and by an officer or employee having authority to bind the company or firm by his/her signature. Bids/Proposals having any erasures or corrections must be initialed in ink by person signing the response or the response may be rejected. F. Responses are to remain valid for at least 180 days. Upon award of a contract, the content of the Successful Bidder's/Proposer's response may be included as part of the contract, at the City's discretion. G. The City of Miami's Response Forms shall be used when Bidder/Proposer is submitting its response in hardcopy format. Use of any other forms will result in the rejection of the response. IF SUBMITTING HARDCOPY FORMAT, THE ORIGINAL AND THREE (3) COPIES OF THESE SETS OF FORMS, UNLESS OTHERWISE SPECIFIED, AND ANY REQUIRED ATTACHMENTS MUST BE RETURNED TO THE CITY OR YOUR RESPONSE MAY BE DEEMED NON -RESPONSIVE. 1.62. PRICE ADJUSTMENTS — Any price decrease effectuated during the contract period either by reason of market change or on the part of the contractor to other customers shall be passed on to the City of Miami. 1.63. PRODUCT SUBSTITUTES - In the event a particular awarded and approved manufacturer's product becomes unavailable during the term of the Contract, the 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. 1.64. CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS - 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 this Contract and that it 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 this Contract. 1.65. PROMPT PAYMENT —Bidders/Proposers may offer a cash discount for prompt payment; however, discounts shall not be considered in determining the lowest net cost for response evaluation purposes. Bidders/Proposers 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/Proposer must enter zero (0) for the percentage discount to indicate no discount. If the Bidder/Proposer fails to enter a percentage, it is understood and agreed that the terms shall be 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 bidders/proposers during the term of the contract. 1.66. PROPERTY - Property owned by the City of Miami is the responsibility of the City of Miami. Such property furnished to a Contractor for repair, modification, study, etc., shall remain the property of the City of Miami. Damages to such property occurring while in the possession of the Contractor shall be the. responsibility of the Contractor. Damages occurring to such property while in route to the City of Miami shall be the responsibility of the Contractor. In the event that such property is destroyed or declared a total Page 23 of 39 Invitation for Bid (IFB) 273268,3 loss, the Contractor shall be responsible for replacement value of the property at the current market value, less depreciation of the property, if any. . 1.67. PROVISIONS BINDING - Except as otherwise expressly provided in the resulting Contract, all covenants, 'conditions and provisions -of the resulting Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns. 1.68. 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 submit a response on a contract to provide any goods or services to a public entity, may not submit a response on a contract with a public entity for the construction or repair of a public building or public work, may not submit responses on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287,017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 1.69. PUBLIC RECORDS - 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 of Miami 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. Contractor's failure or refusal to comply with the provision of this section shall result in the imtnediate cancellation of this Contract by the City. 1.70. QUALITY OF GOODS, MATERIALS, SUPPLIES, PRODUCTS, AND EQUIPMENT - All materials used in the manufacturing or construction of supplies, materials, or equipment covered by this solicitation shall be new. The items bid/proposed must be of the latest make or model, of the best quality, and of the highest grade of workmanship, unless as otherwise specified in this Solicitation. 1.71. QUALITY OF WORK/SERVICES - The work/services performed must 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 this Solicitation. 1.72. REMEDIES PRIOR TO AWARD (Sec. 18-106) - If prior to Contract award it is determined that a formal solicitation or proposed award is in violation of law, then the solicitation or proposed award shall be cancelled by the City Commission, the City Manager or the Chief Procurement Officer, as may be applicable, or revised to comply with the law. 1.73. RESOLUTION OF CONTRACT DISPUTES (Sec. 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 controversies between the Contractual Party and the city which arise under, or by virtue of, a Contract between them; provided that, in cases involving an amount greater than S25,000, the City Commission must approve the City Manager's decision. Such authority extends, without limitation, to controversies 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. 1.74. RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (Sec. 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 S25,000. Protests thereon shall be governed by the Administrative Policies and Procedures of Purchasing. 1.Protest of Solicitation. i. Any prospective proposer who perceives itself aggrieved in connection with the solicitation of a Contract Page 24 of 39 Invitation for Bid (IFB) 273268,3 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 genera] circulation. A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer; or ii. Any prospective bidder who intends to contest the Solicitation Specifications or a 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 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. i. 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, which will be posted on the City of Miami Purchasing Department website, in the Supplier Comer, Current Solicitations and Notice of Recommendation of Award Section. The notice of the City Manager's recommendation can be found by selecting the details of the solicitation and is listed as Recommendation of Award Posting DateandRecommendation of Award To fields. If "various" is indicated in the Recommendation of Award To field, the Bidder/Proposer must contact the buyer for that solicitation to obtain the suppliers name. It shall be the responsibility of the Bidder/Proposer to check this section of the website daily after responses are submitted to receive the notice; or ii. 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, retum receipt requested. A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer. iii. A written protest based on any of the foregoing must be submitted to the Chief Procurement Officer within five (5) 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 pertinentdocuments and evidence and shall be accompanied by the required Filing Fee as provided in subsection (f). This shall form the basis for review of the written protest and no facts; grounds, documentation or evidence not contained in the protester's submission to the Chief Procurement Officer at the time of filing the protest shall be permitted in the consideration of the written protest. No time will be added to the above limits for service by mail. In computing any period of time prescribed or allowed by this section, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday. Intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of the time for filing. (b) Authority to resolve protests. The Chief Procurement Officer shall have the authority, subject to the approval of the City Manager and the city attorney, to settle and resolve any written protest. The Chief Procurement Officer shall obtain the requisite approvals and communicate said decision to the protesting party and shall submit said decision to the City Commission within 30 days after he/she receives the protest. In cases involving more than $25,000, the decision of the Chief Procurement Officer shall be submitted for approval or disapproval thereof to the City Commission after a favorable recommendation by the city attorney and the City Manager. (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 Page 25 of 39 Invitation for Bid (IFB) 273268,3 (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. (I) 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 $5000.00, 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. 1.75. 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)/proposer(s) will be notified to remove samples, at their expense, within 30 days after notification. Failure to remove the samples will result in the samples becoming the property of the City. 1.76. SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES - Contractor shall not sell, assign, transfer or subcontract at any time during the term of the Contract, or any part of its operations, or assign any portion of the performance required by this 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. 1.77. SERVICE AND WARRANTY —When 'specified, the bidder/proposer shall define all warranty, service and replacements that will be provided. Bidders/Proposer must explain on the Response to what extent warranty and service facilities are available. A copy of the manufacturer's warranty, if applicable, should be submitted with your response. 1.78. SILENCE OF SPECIFICATIONS - The apparent silence of these specifications and any supplemental 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 are to be used. All workmanship and services is to be first quality. All interpretations of these specifications shall be made upon the basis of this statement. If your firm has a current contract with the State of Florida, Department of General Services, to supply the items on this solicitation, the bidder/proposer shall quote not more than the contract price; failure to comply with this request will result in disqualification of bid/proposal. 1.79. SUBMISSION AND RECEIPT OF RESPONSES - Responses shall be submitted electronically via the Oracle System or responses may be submitted in hardcopy format to the City Clerk, City Hall, 3500 Pan American Drive, Miami, Florida 33133-5504, at or before, the specified closing date and time as designated in the IFB, RFP, RFQ, or RFLI. NO EXCEPTIONS. Bidders/Proposers are welcome to attend the solicitation closing; however, no award will be made at that time. A. Hardcopy responses shall be enclosed in a sealed envelope, box package. The face of the envelope, box or package must show the hour and date specified for receipt of responses, the solicitation number and title, and the name and return address of the Bidder/Proposer. Hardcopy responses not submitted on the requisite Response Forms may be rejected. Hardcopy responses received at any other location than the specified shall be deemed non -responsive. Directions to City Hall: FROM THE NORTH: I-95 SOUTH UNTIL IT TURNS INTO US1. USI SOUTH TO 27TH AVE., TURN LEFT, PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT. Page 26 of 39 Invitation for Bid (IFB) 273268,3 FROM THE SOUTH: US1 NORTH TO 27TH AVENUE, TURN RIGHT, PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURFY LEFT, 1 BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT. B. Facsimile responses will not be considered. C. Failure to follow these procedures is cause for rejection of bid/proposal. D. The responsibility for obtaining and submitting a response on or before the close date is solely and strictly the responsibility of Bidder/Proposer. The City of Miami is not responsible for delays caused by the United States mail delivery or caused by any other occurrence. Responses received after the solicitation closing date and time will be returned unopened, and will not considered for award. E. Late responses will be rejected. F. All responses are subject to the conditions specified herein. Those which do not comply with these conditions are subject to rejection. G. Modification of responses already submitted will be considered only if received at the City before the time and date set for closing of solicitation responses. All modifications must be submitted via the Oracle System or in writing. Once a solicitation closes (closed date and/or time expires), the City will not consider any subsequent submission which alters the responses. H. If hardcopy responses are submitted at the same time for different solicitations, each response must be placed in a separate envelope, box, or package and each envelope, box or package must contain the information previously stated in 1.82.A. 1.80. TAXES - The City of Miami is exempt from any taxes imposed by the State and/or Federal Government. Exemption certificates will be provided upon request. Notwithstanding, Bidders/Proposers should be aware of the fact that all materials and supplies which are purchased by the Bidder/Proposer for the completion of the 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/Proposer. 1.81. TERMINATION —The City Manager on behalf of the City of Miami reserves the right to terminate this contract by written notice to the contractor effective the date specified in the notice should any of the following apply: A. The contractor is determined by the City to be in breach of any of the terms and conditions of the contract. B. The City has determined that such termination will be in the best interest of the City to terminate the contract for its own convenience; C. Funds are not available to cover the cost of the goods and/or services. The City's obligation is contingent upon the availability of appropriate funds. 1.82. TERMS OF PAYMENT - Payment will be made by the City after the goods and/or services awarded to a Bidder/Proposer have been received, inspected, and found to comply with award specifications, free of damage or defect, and properly invoiced. No advance payments of any kind will be made by the City of Miami. Payment shall be made after delivery, within 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. 1.83. TIMELY DELIVERY - Time will be of the essence for any orders placed as a result of this 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 on their Response. Deliveries are to be made during regular City business hours unless otherwise specified in the Special Conditions. 1.84. TITLE - Title to the goods or equipment shall not pass to the City until after the City has accepted the goods/equipment or used the goods, whichever comes first. 1.85.TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE- All Responses submitted to the City are subject to public disclosure pursuant to Chapter 119, Florida Statutes. An Page 27 of 39 Invitation for Bid (IFB) 273268,3 exception may be made for "trade secrets." If the Response 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 your firm's name and the Solicitation number and title marked on the outside. Please be aware that the designation of an item as a trade secret by you may be challenged in court by any person. By your designation of material in your Response as a "trade secret" you agree to indemnify and hold harmless the City for any award to a plaintiff for damages, costs or attorney's fees and for costs and attomey's fees incurred by the City by reason of any legal action challenging your claim. 1.86. UNAUTHORIZED WORK OR DELIVERY OF GOODS- Neither the qualified Bidder(s)/Proposer(s) nor any of his/her employees shall perform any work or deliver any goods unless a change order or purchase order is issued and received by the Contractor. The qualified Bidder(s)/Proposer(s) shall not be paid for any work perforned or goods delivered outside the scope of the contract or any work performed by an employee not otherwise previously authorized. 1.87. 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 this Solicitation are to be mentioned, or imply the name of the City, without prior express written permission of the City Manager or the City Commission. 1.88. VARIATIONS OF SPECIFICATIONS - For purposes of solicitation evaluation, bidders/proposers must indicate any variances from the solicitation specifications and/or conditions, no matter how slight. If variations are not stated on their Response, it will be assumed that the product fully complies with the City's specifications. Page 28 of 39 Invitation for Bid (IFB) 273268,3 2. Special Conditions 2.1. PURPOSE The purpose of this Solicitation is to establish a contract, for the purchase of Injection Molded Mobile Refuse and/or Recycle Containers, as specified herein, from a source(s) of supply that will give prompt and efficient service 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 by email or facsimile to the Purchasing Department, Attn: Terry Byrnes, CPPB; fax: (305) 400-5230 or email: tbyrnes@ci.miami.fl.us. The solicitation title and number shall be referenced on all correspondence. All questions must be received no later than Friday, July 8, 2011 at 3:00 PM. All responses to questions will be sent to all prospective bidders/proposers' in the form on an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. 2.3. TERM OF CONTRACT The Contract shall commence upon the date of notice of award and shall be effective for two (2) years with the option to extend for two (2) additional one (1) year periods, subject to the availability of funds for succeeding fiscal years. Continuation of the Contract beyond the initial period is a City prerogative; not a right of the Bidder. This prerogative will be exercised only when such continuation is clearly in the best interest of the City. 2.4. CONDITIONS FOR RENEWAL Each renewal of this Contract is subject to the following: (1) continued satisfactory performance compliance with the specifications, terms and conditions established herein and (2) . availability, of funds. 2.5. ESCALATION CLAUSE The City acknowledges the fluctuating nature of prices for items specified. Accordingly an escalator/de-escalator clause will be accepted only under the following conditions: (1) Prices must remain fixed and fine for the first two (2) years, price increase(s) and decrease(s) comparable to documented manufacturer's price changes are provided. The maximum percentage increase over the initial tern prices shall not to exceed ten (10.0%) percent within a 12-month period. Escalated prices for year(s) three and four of the contract, if any, shall remain fixed and firm during the applicable contract year; (2) Receipt of proper written notification to the Purchasing Department of all items affected by price increases/decreases and (3) All price increase(s) and decrease(s) must be approved/disapproved by the Purchasing Director. The City may, after review, refuse to accept the adjusted costs if they are not properly documented, increases are considered to be excessive, or decreases are considered to be insufficient. In the event the City does not wish to accept the adjusted costs, and the matter cannot be resolved to the satisfaction of the City, the City reserves the right to cancel the contract upon giving thirty (30) days notice to the Successful Bidder. 2.6. NON -APPROPRIATION OF FUNDS Page 29 of 39 Invitation for Bid (IFB) 273268,3 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 Successful Bidder(s) or their assignee of such occurrence, shall have the unqualified right to terminate the contract without any penalty or expense. No guarantee, warranty or representation is made that any particular project(s) will be awarded to any firm(s). 2.7. METHOD OF AWARD Award of this Contract will be made to the lowest responsive and responsible Bidder meeting Specifications. 2.8. BIDDERS 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 a minimum period of three (3) years; and that have sufficient financial support, equipment and organization to insure that they can satisfactorily provide the goods and/or services if awarded a Contract under the terms and conditions herein stated. Bidder shall not have: (1) any member, officer, or stockholder that is in arrears or 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 or (2) any record of pending lawsuits or criminal activities or have ever been declared bankrupt. 2.9. DELIVERY Successful Bidder shall make delivery of any item(s) ordered herein within the required period of time specified on the purchase order. Failure to deliver as specified may be cause to deem the Successful Bidder in default. All deliveries are F.O.B. to city facility. 2.10. FAILURE TO.PERFORM • Should it not be possible to reach the Successful Bidder(s) or authorized representative(s) and/or should remedial action not be taken within twenty-four (24) hours on any failure to perforni according to Specifications (Section 3.0), the City reserves the right to declare Successful Bidder in default of the contract or make appropriate reductions in the contract payment or terminate the contract for cause. 2.11. INSURANCE REQUIREMENTS INDEMNIFICATION Bidder shall pay on behalf of, indemnify and save City and its officials harmless, from and against any and all claims, liabilities, losses, and causes of action, which may arise out of bidder's performance under the provisions of the contract, including all acts or omissions to act on the part of bidder, including any person performing under this Contract for or on bidder's behalf, provided that any such claims, liabilities, losses and causes of such action are not attributable to the negligence or misconduct of the City and, from and against any orders, judgments or decrees which may be entered and which may result from this Contract, unless attributable to the negligence or misconduct of the City, and from and against all costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claim, or the investigation thereof. The bidder shall furnish to City of Miami, c/o Purchasing Department, 444 SW 2nd Avenue, 6th Floor, Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: (1) Worker's Compensation A. Limits of Liability - Statutory.- State of Florida Page 30 of 39 Invitation for Bid (IFB) 273268,3 A. Limits of Liability Bodily Injury and Property Damage Liability - Each Occurrence: S1,000.000 General Aggregate Limit: S2,000,000 Personal and Adv. Injury. Products and Completed Operations and Fire Damage: $2.000.000: B. Endorsements Required: City of Miami included as an Additional insured. Employees included as insured. Contractual Liability. BusinessAutomobile Liability A. Limits of Liability Bodily injury and property damage liability combined single limits. Any Auto, including hired, borrowed or owned, or non -owned autos used in connection with the work - S1.000,000 B. Endorsements Required: City of. Miami included. as an Additional Insured BINDERS ARE UNACCEPTABLE. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the bidder. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The Company must be rated no less than "A" as to management, and no less than "Class V" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and/or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. Certificates will indicate no modification or change in insurance shall be made without thirty (30) days written advance notice to the certificate holder. NOTE: CITY BID NUMBER AND/OR TITLE OF BID MUST APPEAR ON EACH CERTIFICATE. Compliance with the foregoing requirements shall not relieve the bidder of his liability and obligation under this section or under any other section of this Agreement. —If insurance certificates are scheduled to expire during the contractual period, the Bidder shall be responsible for submitting new or renewed insurance certificates to the City at a minimum of ten (10) calendar days in advance of such expiration. —In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the City shall: (4) Suspend the contract until such time as the new or renewed certificates are received by the City in the manner prescribed in the Invitation To Bid. (5) The City may, at its sole discretion, terminate this contract for cause and seek re -procurement damages from the Bidder in conjunction with the General and Special Terms and Conditions of the Bid. The Bidder shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in force for the duration of the contractual period; including any and all option terms that may be granted to the Bidder. (3) 2.12. METHOD OF PAYMENT Full payment will be made upon receipt and acceptance of a completed job. No down or partial down payments shall be made. 2.13. PACKING SLIP/DELIVERY TICKET TO ACCOMPANY ITEMS DURING DELIVERY The Successful Bidder shall enclose a complete packing slip or delivery ticket with any items to be delivered in conjunction with this Bid solicitation. The packing slip shall be attached to the shipping carton(s) which contains the items and shall be made available to the City's authorized representative Page 31 of 39 Invitation for Bid (IFB) 273268,3 during delivery. The packing slip or delivery ticket shall include, at a minimum, the following infomration: purchase order number; date of order; a complete listing of items being delivered; and back -order quantities and estimated delivery of back -orders if applicable. 2.14. RESPONSE TIME A forty-eight (48) hour response time is required. Failure to respond to a warranty call within the specified time may result in the Successful Bidder paying any and all costs associated with the repairs performed by a secondary vendor. 2.15. ADDITIONS/DELETIONS OF FACILITIES/PRODUCTS Although this Solicitation identifies specific facilities/products to be serviced, it is hereby agreed and understood that any facilities/products may be added/deleted to/from this contract at the option of the City. When an addition to the contract is required, the Successful Bidder(s) under this contract shall be invited to submit price quotes for these new facilities/products. If these quotes are comparable with market prices • offered for similar facilities/products, they shall be added to the contract, whichever is in the best interest of the City, and an addendum and a separate purchase order shall be issued by the City. 2.16. CONTRACT ADMINISTRATOR Upon award, contractor shall report and work directly with Keith Carswell, who shall be designated as the Contract Administrator. 2.17. SAMPLES The bidder shall provide upon request, a complete and accurate sample of the product(s), which they propose to fumish. 2.18. 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 is has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie Bids will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: (1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the action that will be taken against employees for violations of such prohibition. (2) Infonn 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. Page 32 of 39 Invitation for Bid (IFB) 273268,3 (6) Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. 2.19. LIQUIDATED DAMAGES Successful Bidder shall provide all items by the guaranteed delivery time specified by the City in the Delivery Section of this Solicitation. If the Successful Bidder fails to deliver within the specified delivery time, it is understood that a $25.00 deduction to the total invoice price will be deducted, as liquidated damages, for each day period beyond the specified delivery time (not to exceed the total amount of the job), not as a penalty but as compensation for the need to locate another firm to complete the job; 2.20. WARRANTY BY MANUFACTURER A copy of the manufacturer's warranty must be submitted with bid. Failure to comply with this provision may be cause to deem bid non -responsive. Items manufactured must be covered against improper or inadequate materials for normal use for a minimum of ten (10) years. 2.21. QUALITY AND MANUFACTURE The apparent silences of these specifications as to any details or the apparent omission from it of a detailed description conceming 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 it's 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 bidder during the contract period shall conform to the sample submitted. The bidder 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. 2.22. REFERENCES Each Bid must be accompanied by a list of three (3) references as reflected in the Header/Attributes Section of this Solicitation, which shall include the name of the company, dates of contract, description of goods supplied, a contact person and the telephone number. NO BID WILL BE CONSIDERED WITHOUT THIS LIST. 2.23. TERMINATION A. FOR DEFAULT If Successful Bidder 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 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 was not in default or (2) the Successful Bidder's failure to perform is without Successful Bidder or its subcontractor's control, fault or negligence, the Page 33 of 39 Invitation for Bid (IFB) 273268,3 termination will be deemed to be a termination for convenience of the City of Miami. B. FOR CONVENIENCE The City Manager may terminate this Contract, in whole or in part, upon 30 days prior written notice when it is in the best interest of the City of Miami. If this Contract is for supplies, products, equipment, or software, and so terminated for convenience by the City of Miami the Successful Bidder will be compensated in accordance with an agreed upon adjustment of cost. To the extent that this Contract is for services and so terminated, the City of Miami shall be liable only for payment in accordance with the payment provisions of the Contract for those services rendered prior to termination. 2.24. ADDITIONAL TERMS AND CONDITIONS No additional terms and conditions included with the 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 and Special Conditions in this solicitation are the only conditions applicable to this solicitation and that the bidder's/proposer's authorized signature affixed to the bidder's/proposer's acknowledgment form attests to this. Page 34 of 39 Invitation for Bid (IFB) 273268,3 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK INJECTION MOLDED MOBILE REFUSE CONTAINERS The Solid Waste Department is seeking a qualified manufacturer to furnish and deliver on an annual basis as needed, Mobile Refuse Carts and Curbside Recycle Carts of 95 Gallon, 65 Gallon and 35 Gallion. In the near future, the City may move to a fully automated single stream recycling program and may need to order a large quantities of 95 Gallon Recycle Carts. 3.1.1. GENERAL General Description - The Mobile refuse container shall be designed to contain the average solid waste material accumulated by a household. The container shall be designed, such as to be lifted by either or both American Standard, semi -automated or fully automated collection equipment. The container shall be warranted against material and workmanship defects for no less than 10 years, non -prorated, during which. time -it will be generally maintenance -free under normal usage conditions. The bidder shall submit a copy of its warranty. Ouantity - The Successful Bidder shall be able to provide substantial quantities, as required, over the full contract period, in accordance with specifications. These containers will be provided on an "as needed" basis. Delivery dates to be at the City's discretion. 3.1.2. CONSTRUCTION For the Garbage and Recycle 95 Gallon (95-96 gallon acceptable) Approximate Dimensions and Capacity - 95 Gallon Cart Height 45" Width 28" Depth 43" Wheel 12" Weight 40 lbs Capacity . .. . .. . 250-325.lbs. Capacity - The container capacity is 95, 65, or 35 gallons, as applicable, when full, excluding additional -volume achieved by the domed lid in the closed position. The bid container must be manufacture's latest design. All containers shall meet ANSI container standards Z-245.30 and Z-245.60, all rules, regulations, laws, etc. pertaining to this product, and the following specifications: A. The container shall be manufactured from strong, resilient, virgin high -density polyethylene resin. The container shall be manufactured using injection -molding technique. B. The container color concentrates used must contain UV light stabilizers and antioxidants to prevent deterioration and shattering. C. The container shall be manufactured with smooth surface inside and out. D. The container shall be manufactured free of inside recesses, projections or other obstructions where refuse could be trapped. E. The container shall be manufactured with a narrow width design to fit through 30" door opening. F. The container shall be manufactured with a foot operated tilt feature designed into the axle area to facilitate easy tipping. G. The container shall be manufactured with a slight taper so that the top of the body is slightly larger than the bottom for nesting during shipment. H. The container shall be aerodynamically designed to allow test results indicating it will remain stable in winds approximately 30-35 miles per hour. Page 35 of 39 Invitation for Bid (IFB) 273268,3 I. The container shall be designed to remain in the upright position when the lid is thrown open, either loaded or empty. J. The container shall be designed to be picked up and dumped by a semi -automated lifting device that will pick up the leading side of the container and also will prevent it from falling into the truck hopper, and by a fully automated lifting device that encircles the cart. K. The container shall function normally and regularly with a mechanized collection system, both automated and semi -automated lifts. M. The container, 95 Gallon, shall be manufactured for a minimum 250-325 pound capacity. N. The containers shall be manufactured with a nominal wall thickness of .175 inches throughout the body of the container and a minimum wall thickness of .185 inches in the critical wear points (cart bottom, handle and lift mechanism). 0. The container shall be manufactured with a molded -in bottom wear strips for longer life. M. For the city of Miami, the retainer bar shall be a minimum of 1-inch diameter galvanized free-floating steel bar. If the container has a free-floating steel bar, it must be capable of repair or replacement. For the city of Miami purposes, a permanently molded retainer bar is notacceptable. Agencies may determine their own need for free-floating steel (catch) bar the permanently molded retainer bar. N. There shall be no other metal attachments, metal framing, or nuts and bolts on the container, excluding the metal axle and the wheel's inner lock pin. 3.1.3. LIDS AND HANDLE . A. The container lid shall be manufactured from the same material as the container body and be of such a configuration that it will not warp, bend, slump, or distort to such extent that it no longer fits the container properly or becomes otherwise unserviceable. A UVR inhibitor is required. The inhibitor shall be guaranteed effective against sun deterioration and/or the lid becoming•brittle due to exposure. The lid shall be one-piece construction and the lid design and weight shall prevent rainwater from entering the container and will not blow open under general weather conditions. B. The container section will be furnished with a hinged lid, with hinge to the rear of wheeled section. Lids shall be curved or built up to drain and shall be light and stiff for convenient handling. Lids shall overlap sides, but shall flare out so they will not bind against the sides if the lifting device distorts the container. Lids shall be securely attached to the container without the use of nuts and bolts and shall be hinged to open by gravity as the container is dumped. The lid shall open to a position 270 degrees from the closed position and hang open without stressing the lid, container body or tipping over the cart. Handle . . attachments must be an integrally molded part of the container body or lid. Lids will not have a locking device. 3.1.4. WHEELS Each container shall be furnished with two (2) plastic molded or rubber snap on wheels and each wheel shall be furnished with an inner lock pin made out of a corrosion resistant metal. 3.1.5. AXLE Each container shall be furnished with a universal axle with a corrosion resistant coating. Axle must slide in the cart bottom and must not be exposed to contents inside of container. The Axle shall be interchangeable with all carts in this IFB. 3.1.6. RECYCLED CONTENT The resin used in the manufacturing process for the cart body and lid shall be first quality high -density polyethylene (HDEP) and may contain up to 5-10 % percent recycled material. Wheels and parts may contain a higher percentage of recycle content. 3.1.7. COLORS A. 95 Gallon Mobile Refuse Cart Lid & Black Wheels. B. 95 Gallon Recycle Cart Black Wheels. 3.1.8. NUMBERING Green (approved by the City) with matching Green Blue (approved by the City) with matching Blue Lid & Page 36 of 39 Invitation for Bid (IFB) 273268,3 Individual serial numbers shall be inscribed or hot -stamped in a conveniently noticeable position on each cart. Starting number shall be the year and number (example 08-01) and updated each preceding year. A manufacture date will also be hot -stamped on the cart. The City will consider other types of numbering systems to facilitate the manufacturing process if requested. 3.1.9. LOGO The City Logo shall be hot -stamped on both sides of the body of the mobile refuse and recycle carts. Logo shall be the color white. The Logo shall be placed near the top portion of the cart to avoid being damage by the automated lifting ann. Decals, stickers or surface paint are not acceptable. 3.2.0. ADDITIONAL MARKINGS All carts and/or lids shall be clearly embossed with raised letters hot -stamped as follows: A. KEEP LID CLOSED B. PROPERTY OF CITY OF MIAMI C. LID OPENING MUST FACE STREET FOR COLLECTION The following information will also appear on the Cart / Lid near the front: For 95-Gallon (Green) Mobile Refuse Cart: Cart - white City Logo both sides Lid - color white at least 2" lettering GARBAGE ONLY at least 1" lettering (No Construction —No Remodeling - No Hazardous Materials) at least 1" lettering Contact 311 For 95-Gallon (Blue) Recycle Cart: Cart - white City Logo both sides Lid - color white at least 2" lettering RECYCLABLES ONLY at least 1" lettering (No Garbage —No Bulky Trash - No Yard Waste) at least 1" lettering Contact 311 3.2.1. RECYCLING MARKINGS In addition to comply with Florida State Law relating to identification of recyclable plastic materials, the recycling symbol and a number indicating the type of plastic used shall be embossed on the carts and bins as shown below. Mark shall be visible and shall be at least 3" x 3" or compliant with current regulations. SPI VOLUNTARY CODING SYSTEM 1 2 3 PETE HDPE V 3.2.2. UVR INHIBITOR GUARANTEE Ultraviolet Inhibitor shall be added to the plastic resin for maximum protection from the elements. Warranties shall guarantee the UVR effectiveness and sun exposure causing deterioration, discoloration or shattering of the bin, container or lids will be cause for replacement by the contractor on the grounds of improper use of inhibitor. 3.2.3. DEFECTIVE CARTS Containers, which fail during the warranty period, will be accumulated and damages determined by Solid Waste personnel on an annual basis. During the warranty period, the Contractor shall replace defective parts/carts each year at no additional cost to the City. Contractor may, upon his inspection of damaged carts, challenge his obligation to replace subject parts on the basis that the failure resulted from either negligent handling and/or abusive use. Such charges shall be in writing with specific details as to the exact cause of the defective parts. The City will consider the details of contractor's written challenge and attempt to resolve the issue. 3.2.4. SAMPLES To ensure that the carts meet the bid specifications and will operate properly with existing lifting devices, the Successful Bidder being considered for award will deliver a sample of each cart for inspection at no cost to the City (if requested by the City). 3.2.5. ,QUALITY CONTROL Page 37 of 39 Invitation for Bid (IFB) 273268,3 A cart will be chosen at random from each delivery for compliance testing with specifications set forth in this contract. If a cart does not meet specifications, two additional carts will be chosen and inspected for specification compliance. The entire shipment will be considered not in compliance with specifications set in this contract, if either one of the additional carts fails to meet specifications. The contractor will be notified of the discrepancy and will have the following two options: A. have the entire shipment returned, at contractor expense, to the factory for correction, or B. with the City's consent, pay the Solid Waste Department the costs of making such corrections, if in the City's best interest to do so. 3.2.6. PRODUCT WARRANTY The Contractor will offer a mobile cart, recycle cart and component manufacturer's warranty from failure caused by defects in material or manufacturing for a minimum period of 10 years, NON -PRORATED, during which time, it will be generally maintenance -free under normal usage conditions. 3.2.7. ORDERING, SHIPPING AND DELIVERY A. Cart Orders placed by the City will be in the form of a purchase order. Each cart/part will be ordered by "Item or Model Number," supplied by the manufacture, identifying the cart, color, and specification. The current contract cost per item will also be provided on the order form. B. The Successful Bidder will acknowledge and confirm cart order via e-mail upon receipt of order and specify delivery date. Additionally, the City and the Successful Bidder are jointly responsible to ensure that the annual Purchase Order dollar amount is not to be exceeded without written approval from the Contract Administrator and a Revised Purchase Order is transmitted. C. All bid prices quoted are to include delivery: FOB Destination. Time is of the essence for any orders placed as a result of this bid. Deliveries shall be completed no later than thirty (30) days after receipt of order. The City reserves the right to cancel any orders, or parts thereof, without obligation if delivery is not made in accordance with this shipping and delivery schedule. D. Carts shall be delivered assembled or unassembled. E. Carts will be ordered by the truckload. F. Current Delivery Contact and Address: Erica Paschal, Fiscal Administrator City of Miami, Department of Solid Waste 1290 NW 20th Street Miami, FL 33142 (305) 950-2813 or (305) 950-2803 (*24 HOUR DELIVERY NOTICE REQUIRED) Receiving Hours: Monday - Friday 7:00am- 9:00 a.m. Excluding City Holidays 3.2.8. SPARE REPAIR PARTS The Successful Bidder shall supply parts compatible with the carts purchased by the City under this IFB. All parts supplied shall meet manufacturer's specifications and standards for parts currently being distributed on new 95-Gallon Mobile Carts and 95 Gallon Recycle Carts, or 65 Gallon and 35 Gallon Carts, of the type specified in this IFB. Bidders shall provide separate pricing for the individual items listed in the pricing section of this IFB (Item Response Form). Parts List Example: A. Lid with markings B. Axle Lid Hinge C. Pin Axle Spacer Wheel D. Retaining bar with proper locking mechanism Page 38 of 39 Invitation for Bid (IFB) 273268,3 E. Metal inner lock pin F. A price per spare repair part compatible with the Mobile Cart specified in this IFB shall be provided by the ordering Agency. IF A. SPARE REPAIR PART IS INTERCHAGEABLE WITH A SPARE REPAIR PART ON ANOTHER MOBILE CART PROVIDE A UNIT BID PRICE ONLY ONCE FOR THAT SPARE REPAIR PART AND INDENTIFY THAT PART AS INTERCHANGEABLE IN A NOTE IN THE BID RESPONSE. (Example: if the axle on the 95-Gallon Mobile Cart can be used on a 95-Gallon Recycle Cart then pricing should be bid only once for that item and noted as such.) IF A PART IS INCLUDED WITH ANOTHER SPARE REPAIR PART LISTED IN THE PRICING SECTION OF THIS IFB (ITEM RESPONSE FORM) INDENTIFY THAT PART AS INCLUDED WITH ANOTHER SPARE PART IN A NOTE IN THE PRICE LINES SECTION. ALL SPARE REPAIR PARTS LISTED IN THE PRICING SECTION OF THIS IFB SHALL BE BID OR NOTED AS AN INTERCHANGEABLE OR INCLUDED PART. Page 39 of 39