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Clear Form CITY OF MIAMI Vendor Responsibility Checklist Name of Firm: All American Barricades, Corp., Use the "Upload" button to attach PDF documentation for each section. To delete attachment(s), use the appropriate "Delete" button to the right and then use the "Clear" button for the corresponding attachment box to clear that field. CATEGORY RESPONSE City Vendor Registration Affirmation Select State of Florida Corporation (Sunbiz) Select D&B Pacer Bid/Proposal Bond Select Select Select Upload Clear • Upload Clear Upload • Clear Upload i Clear View All Attachments Delete Last Delete All iSupplier Number: 2439 Sunbiz.pdf Use the "Upload" button to attach PDF documentation for each section. To delete attachment(s), use the appropriate "Delete" button to the right and then use the "Clear" button for the corresponding attachment section to clear that field. PERFORMANCE/REFERENCE CHECKS ATTACHMENTS System of Award Managment (SAM) Convicted Vendor List Debarred Contractors Suspended Contractors Suspended Vendors -State: Scrutinized Companies List: Google Search: Upload Clear Upload Clear Upload Clear Upload Clear Upload Clear Upload Clear Upload Clear Sams All American Barricades.pdf Convicted vendor list.pdf Debarred Contractors.pdf Miami -Dade County suspended contractors.pdf Suspended Vendors State.pdf Scrutinized Companies List.pdf All American Barricades_website.pdf Clear Form CITY OF MIAMI Vendor Responsibility Checklist Name of Firm: All American Barricades, Corp., Use the "Upload" button to attach PDF documentation for each section. To delete attachment(s), use the appropriate "Delete" button to the right and then use the "Clear" button for the corresponding attachment box to clear that field. CATEGORY RESPONSE City Vendor Registration Affirmation Select State of Florida Corporation (Sunbiz) Select D&B Pacer Bid/Proposal Bond Select Select Select Upload Clear • Upload Clear Upload • Clear Upload i Clear View All Attachments Delete Last Delete All iSupplier Number: 2439 Sunbiz.pdf Use the "Upload" button to attach PDF documentation for each section. To delete attachment(s), use the appropriate "Delete" button to the right and then use the "Clear" button for the corresponding attachment section to clear that field. PERFORMANCE/REFERENCE CHECKS ATTACHMENTS System of Award Managment (SAM) Convicted Vendor List Debarred Contractors Suspended Contractors Suspended Vendors -State: Scrutinized Companies List: Google Search: Upload Clear Upload Clear Upload Clear Upload Clear Upload Clear Upload Clear Upload Clear Sams All American Barricades.pdf Convicted vendor list.pdf Debarred Contractors.pdf Miami -Dade County suspended contractors.pdf Suspended Vendors State.pdf Scrutinized Companies List.pdf All American Barricades_website.pdf Clear Form CITY OF MIAMI Vendor Responsibility Checklist Name of Firm: All American Barricades, Corp., Use the "Upload" button to attach PDF documentation for each section. To delete attachment(s), use the appropriate "Delete" button to the right and then use the "Clear" button for the corresponding attachment box to clear that field. CATEGORY RESPONSE City Vendor Registration Affirmation Select State of Florida Corporation (Sunbiz) Select D&B Pacer Bid/Proposal Bond Select Select Select Upload Clear • Upload Clear Upload • Clear Upload i Clear View All Attachments Delete Last Delete All iSupplier Number: 2439 Sunbiz.pdf Use the "Upload" button to attach PDF documentation for each section. To delete attachment(s), use the appropriate "Delete" button to the right and then use the "Clear" button for the corresponding attachment section to clear that field. PERFORMANCE/REFERENCE CHECKS ATTACHMENTS System of Award Managment (SAM) Convicted Vendor List Debarred Contractors Suspended Contractors Suspended Vendors -State: Scrutinized Companies List: Google Search: Upload Clear Upload Clear Upload Clear Upload Clear Upload Clear Upload Clear Upload Clear Sams All American Barricades.pdf Convicted vendor list.pdf Debarred Contractors.pdf Miami -Dade County suspended contractors.pdf Suspended Vendors State.pdf Scrutinized Companies List.pdf All American Barricades_website.pdf Clear Form CITY OF MIAMI Vendor Responsibility Checklist Name of Firm: All American Barricades, Corp., Use the "Upload" button to attach PDF documentation for each section. To delete attachment(s), use the appropriate "Delete" button to the right and then use the "Clear" button for the corresponding attachment box to clear that field. CATEGORY RESPONSE City Vendor Registration Affirmation Select State of Florida Corporation (Sunbiz) Select D&B Pacer Bid/Proposal Bond Select Select Select Upload Clear • Upload Clear Upload • Clear Upload i Clear View All Attachments Delete Last Delete All iSupplier Number: 2439 Sunbiz.pdf Use the "Upload" button to attach PDF documentation for each section. To delete attachment(s), use the appropriate "Delete" button to the right and then use the "Clear" button for the corresponding attachment section to clear that field. PERFORMANCE/REFERENCE CHECKS ATTACHMENTS System of Award Managment (SAM) Convicted Vendor List Debarred Contractors Suspended Contractors Suspended Vendors -State: Scrutinized Companies List: Google Search: Upload Clear Upload Clear Upload Clear Upload Clear Upload Clear Upload Clear Upload Clear Sams All American Barricades.pdf Convicted vendor list.pdf Debarred Contractors.pdf Miami -Dade County suspended contractors.pdf Suspended Vendors State.pdf Scrutinized Companies List.pdf All American Barricades_website.pdf CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Arthur Noriega V DATE: May 5, 2021 FILE: City Manager FROM: Annie Perez, CPPO, Director Department of Procurement SUBJECT: Recommendation of Award for Rental and Purchase of Barricades. REFERENCES: Invitation for Bid ("IFB") No. 1153388 ENCLOSURES: RECOMMENDATION: Based on the findings below, the Department of Procurement ("Procurement") hereby recommends award of IFB No. 1153388, to All American Barricades, Corp. ("All American Barricades"), Motplans.com LLC ("Motplans"), Roadsafe Traffic Systems, Inc. ("Roadsafe"), and Safety Systems Barricades, Corp ("Safety Systems Barricades"), the lowest responsive and responsible Bidders, for the rental and purchase of barricades, on an as needed basis, for the City of Miami Police Department ("Police"). The awarded vendors, contract terms, and amount are shown below. IFB No./Title: Contract Amount: Contract Term: Recommended Vendor: BACKGROUND: On February 24, 2021, Procurement on behalf of Police issued IFB No. 1153388, under full and open competition. As required by the Procurement Code, the IFB was advertised and issued online. On April 5, 2021, at bid closing five (5) bids were received. The bids were evaluated and tabulated following the guidelines published in the bid, one (1) bid was deemed non -responsive: The bid received from Electriduct, Inc., was deemed non -responsive as the company failed to bid on all items in the aggregate, on each subgroup (Rental and Sale) by group basis, as required by the IFB. Procurement is recommending award to All American Barricades, Motplans, Roadsafe, and Safety Systems Barricades the lowest responsive and responsible Bidders, per bid specifications. IFB No. 1153388, Rental and Purchase of Barricades. $45,000.00 annually (Approximately $225,000.00 for all five (5) years in the aggregate). Initial term for a period of three (3) years with the option to renew for one (1) additional two (2) year period. All American Barricades, Corp., Motplans.com LLC, Roadsafe Traffic Systems, Inc., and Safety Systems Barricades, Corp. Consequently, approval of this recommendation to award is requested. Your signature below will indicate approval of this recommen ion under your delegated authority. Approved: Arthur Nori ga V, City Manager Date: JUN 0 4 2021 c: Fernando Casamayor, Assistant City Manager, Chief Financial Officer Art Acevedo, Chief of Police Yadissa A. Calderon, CPPB, Assistant Director, Department of Procurement PR21116 Bid Tabulation IFB No.: 1153388 - Rental and Sale of Barricades GROUP 1: Federally Funded Projects - Rental All American Barricades Electriduct MOT Plans RoadSafe Traffic Systems Safety Systems Barricades Inc Line No. Item Description Unit Quantity Item Cost Total Cost = Item Cost x Quantity Item Cost Total Cost = Item Cost x Quantity Item Cost Total Cost = Item Cost x Quantity Item Cost Total Cost = Item Cost x Quantity Item Cost Total Cost = Item Cost x Quantity Flasher Barricades Type each 200 $ 0.50 $100.00 NO BID NO BID $ 049 $98.00 $ 2.00 $400.00 $ 0.35 $70.00 2 Flasher Barricades Type 11 each 200 $ 0.50 $100.00 NO BID NO BID $ 049 $98.00 $ 2.50 $500.00 $ 0.35 $70.00 3 Flasher Barricades Type 111 each 300 $ 0.75 $225.00 NO BID NO BID $ 075 $225.00 $ 4.00 $1,200.00 $ 0.55 $165.00 4 Warning & Regulatory Signs each 100 $ 0.50 $50.00 NO BID NO BID $ 0.75 $75.00 $ 5.00 $500.00 $ 0.00 $80.00 5 Generator Powered Arrow Boards each 25 $ 25.00 $625.00 NO BID NO BID $ 25.00 $625.00 $ 45.00 $1,125.00 $ 25.00 $625.00 6 Traffic Cones each 200 $ 1.00 $200.00 NO BID NO BID $ 095 $190.00 $ 2.00 $400.00 $ 0.40 $80.00 7 Drums each 200 $ 0.50 $100.00 NO BID NO BID $ 0.50 $100.00 $ 2.00 $400.00 $ 0.45 $90.00 8 French Barricades each 1600 $ 3.00 $4,800.00 NO BID NO BID $ 3.99 $6,384.00 $ 5.00 $8,000.00 $ Too $11,200.00 9 Message Boards each 20 $ 25.00 $500.00 NO BID NO BID $ 25.00 $500.00 $ 75.00 $1,500.00 $ 45.00 $900.00 10 Traffic Barriers each 200 $ 4.00 $800.00 NO BID NO BID $ 4.00 $800.00 $ 25.00 $5,000.00 $ 2.50 $500.00 11 Optional Set-up Service Flasher Barricades 1-20 lot 1 $ 30.00 $30.00 NO BID NO BID $ 30.00 $30.00 $ 100.00 $100.00 $ 200.00 $200.00 12 Optional Set-up Services Signs 1-10 lot 1 $ 30.00 $30.00 NO BID NO BID $ 30.00 $30.00 $ 85.00 $85.00 $ 175.00 $175.00 13 Optional Set-up Services Lane Closure lot 1 $ 200.00 $200.00 NO BID NO BID $ 200.00 $200.00 $ 350.00 $350.00 $ 375.00 $375.00 *Total: $7,760.00 Total: NO BID Total: $9,355.00 Total: $19,560.00 Total: $14,530.00 PRIMARY VENDOR SECONDARY VENDOR TERTIARY VENDOR GROUP 1: Federally Funded Projects - Sales All American Barricades Electriduct MOT Plans RoadSafe Traffic Systems Safe y Systems Barncades Inc Line No. Item Description Total Cost = Unit Quantity Item Cost Item Cost x Quantity Total Cost = Total Cost = Total Cost = Total Cost = tem Cost Item Cost x Item Cost Item Cost x Item Cost Item Cost x Item Cost Item Cost x Quantity Quantity Quantity Quantity Plastic Flasher Barricades Type I each 100 $ 60.00 $6,000.00 NO BID NO BID $ 36.11 $3,611.00 $ 69.50 $6,950.00 $ 72.50 $7,250.00 2 Plastic Flasher Barricades Type II each 100 $ 60.00 $6,000.00 NO BID NO BID $ 44.99 $4,499.00 $ 69.50 $6,950.00 $ 72.50 $7,250.00 3 Plastic Flasher Barricades Type III each 100 $ 150.00 $15,000.00 NO BID NO BID $ 139.93 $13,993.00 $ 140.00 $14,000.00 $ 145.00 $14,500.00 4 Warning and Regulatory Signs (non -electrical) each 50 $ 113.50 $5,675.00 NO BID NO BID $ 72.00 $3,600.00 $ 150.00 $7,500.00 $ 172.00 $8,600.00 Traffic Cones each 100 $ 20.00 $2,000.00 $ 15.50 $1,550.00 $ 16.98 $1,698.00 $ 17.50 $1,750.00 $ 19.50 $1,950.00 6 Drums each 100 $ 36.50 $3,650.00 $ 42.50 $4,250.00 $ 39.38 $3,938.00 $ 38.00 $3,800.00 $ 62.50 $6,250.00 7 French Barricades each 200 $ 69.00 $13,800.00 $ 65.00 $13,000.00 $ 112.00 $22,400.00 $ 125.00 $25,000.00 $ 168.25 $33,650.00 8 Traffic Barriers each 100 $ 302.50 $30,250.00 NO BID NO BID $ 276.00 $27,600.00 $ 1,479.00 $147,900.00 $ 321.00 $32,100.00 Barrier (Caution) Tape roll 100 $ 5.00 $500.00 NO BID NO BID $ 4.99 $499.00 $ 17.50 $1,750.00 $ 14.25 $1,425.00 10 Stop Handheld Paddle Sign each 100 $ 65.00 $6,500.00 NO BID NO BID $ 33.75 $3,375.00 $ 85.00 $8,500.00 $ 72.50 $7,250.00 Metal Flasher Barricades Type I each 100 $ 60.00 $6,000.00 NO BID NO BID $ 44.99 $4,499.00 $ 69.50 $6,950.00 $ 75.50 $7,550.00 12 Metal Flasher Barricades Type II each 100 $ 60.00 $6,000.00 NO BID NO BID $ 44.99 $4,499.00 $ 69.50 $6,950.00 $ 77.50 $7,750.00 13 Metal Flasher Barricades Type III each 100 $ 150.00 $15,000.00 NO BID NO BID $ 105.80 $10,580.00 $ 140.00 $14,000.00 $ 165.50 $16,550.00 Total: $116,375.00 Total: $18,800.00 * Total: $104,791.00 Total: $252,000.00 Total: $152,075.00 SECONDARY VENDOR PRIMARY VENDOR TERTIARY VENDOR GROUP 2: Non -Federally Funded Projects - Rental All American Barricades Electriduct MOT Plans RoadSafe Traffic Systems Safe y Systems Barricades Inc Line No. Item Description Total Cost = Unit Quantity Item Cost Item Cost x Quantity Total Cost = Total Cost = Total Cost = Total Cost = tem Cost Item Cost x Item Cost Item Cost x Item Cost Item Cost x Item Cost Item Cost x Quantity Quantity Quantity Quantity Flasher Barricades Type I each 200 $ 0.50 $100.00 NO BID NO BID $ 0.49 $98.00 $ 0.25 $50.00 $ 0.45 $90.00 2 Flasher Barricades Type II each 200 $ 0.50 $100.00 NO BID NO BID $ 0.49 $98.00 $ 0.75 $150.00 $ 0.35 $70.00 3 Flasher Barricades Type III each 300 $ 0.75 $225.00 NO BID NO BID $ 0.75 $225.00 $ 2.00 $600.00 $ 0.55 $165.00 4 Warning & Regulatory Signs each 100 $ 0.50 $50.00 NO BID NO BID $ 0.75 $75.00 $ 1.00 $100.00 $ 0.80 $80.00 Generator Powered Arrow Boards each 25 NO BID NO BID NO BID NO BID $ 25.00 $625.00 $ 18.00 $450.00 $ 25.00 $625.00 6 Traffic Cones each 200 $ 1.00 $200.00 NO BID NO BID $ 0.95 $190.00 $ 1.00 $200.00 $ 0.40 $80.00 7 Drums each 200 $ 0.50 $100.00 NO BID NO BID $ 0.50 $100.00 $ 1.00 $200.00 $ 0.45 $90.00 8 French Barricades each 1600 $ 3.00 $4,800.00 NO BID NO BID $ 3.99 $6,384.00 $ 4.00 $6,400.00 $ 7.00 $11,200.00 Message Boards each 20 $ 25.00 $500.00 NO BID NO BID $ 25.00 $500.00 $ 45.00 $900.00 $ 45.00 $900.00 10 Traffic Barriers each 200 $ 4.00 $800.00 NO BID NO BID $ 4.00 $800.00 $ 25.00 $5,000.00 $ 2.50 $500.00 Optional Set-up Service Flasher Barricades 1-20 lot $ 30.00 $30.00 NO BID NO BID $ 30.00 $30.00 $ 100.00 $100.00 $ 200.00 $200.00 12 Optional Set-up Services Signs 1-10 lot $ 30.00 $30.00 NO BID NO BID $ 30.00 $30.00 $ 85.00 $85.00 $ 175.00 $175.00 13 Optional Set-up Services Lane Closure lot $ 200.00 $200.00 NO BID NO BID $ 200.00 $200.00 $ 285.00 $285.00 $ 375.00 $375.00 Total: $7,135.00 Total: NO BID * Total: $9,355.00 Total: $14,520.00 Total: $14,550.00 GROUP 2: Non -Federally Funded Projects - Sales PRIMARY VENDOR SECONDARY VENDOR TERTIARY VENDOR All American Barricades Electriduct MOT Plans RoadSafe Traffic Systems Safety Systems Barncades Inc Bid Tabulation IFB No.: 1153388 - Rental and Sale of Barricades GROUP 1: Federally Funded Projects - Rental All American Barricades Electriduct MOT Plans RoadSafe Traffic Systems Safety Systems Barricades Inc Line No. Item Description Unit Quantity Item Cost Total Cost = Item Cost x Quantity Item Cost Total Cost = Item Cost x Quantity Item Cost Total Cost = Item Cost x Quantity Item Cost Total Cost = Item Cost x Quantity Item Cost Total Cost = Item Cost x Quantity Flasher Barricades Type each 200 $ 0.50 $100.00 NO BID NO BID $ 049 $98.00 $ 2.00 $400.00 $ 0.35 $70.00 2 Flasher Barricades Type 11 each 200 $ 0.50 $100.00 NO BID NO BID $ 049 $98.00 $ 2.50 $500.00 $ 0.35 $70.00 3 Flasher Barricades Type 111 each 300 $ 0.75 $225.00 NO BID NO BID $ 075 $225.00 $ 4.00 $1,200.00 $ 0.55 $165.00 4 Warning & Regulatory Signs each 100 $ 0.50 $50.00 NO BID NO BID $ 0.75 $75.00 $ 5.00 $500.00 $ 0.00 $80.00 5 Generator Powered Arrow Boards each 25 $ 25.00 $625.00 NO BID NO BID $ 25.00 $625.00 $ 45.00 $1,125.00 $ 25.00 $625.00 6 Traffic Cones each 200 $ 1.00 $200.00 NO BID NO BID $ 095 $190.00 $ 2.00 $400.00 $ 0.40 $80.00 7 Drums each 200 $ 0.50 $100.00 NO BID NO BID $ 0.50 $100.00 $ 2.00 $400.00 $ 0.45 $90.00 8 French Barricades each 1600 $ 3.00 $4,800.00 NO BID NO BID $ 3.99 $6,384.00 $ 5.00 $8,000.00 $ 700 $11,200.00 9 Message Boards each 20 $ 25.00 $500.00 NO BID NO BID $ 25.00 $500.00 $ 75.00 $1,500.00 $ 45.00 $900.00 10 Traffic Barriers each 200 $ 4.00 $800.00 NO BID NO BID $ 4.00 $800.00 $ 25.00 $5,000.00 $ 2.50 $500.00 11 Optional Set-up Service Flasher Barricades 1-20 lot 1 $ 30.00 $30.00 NO BID NO BID $ 30.00 $30.00 $ 100.00 $100.00 $ 200.00 $200.00 12 Optional Set-up Services Signs 1-10 lot 1 $ 30.00 $30.00 NO BID NO BID $ 30.00 $30.00 $ 85.00 $85.00 $ 175.00 $175.00 13 Optional Set-up Services Lane Closure lot 1 $ 200.00 $200.00 NO BID NO BID $ 200.00 $200.00 $ 350.00 $350.00 $ 375.00 $375.00 *Total: $7,760.00 Total: NO BID Total: $9,355.00 Total: $19,560.00 Total: $14,530.00 PRIMARY VENDOR SECONDARY VENDOR TERTIARY VENDOR GROUP 1: Federally Funded Projects - Sales All American Barricades Electriduct MOT Plans RoadSafe Traffic Systems Safe y Systems Barncades Inc Line No. Item Description Total Cost = Total Cost = Total Cost = Total Cost = Total Cost = Unit Quantity Item Cost Item Cost x Item Cost Item Cost x Item Cost Item Cost x Item Cost Item Cost x Item Cost Item Cost x Quantity Quantity Quantity Quantity Quantity Line No. Item Description Unit Quantity Item Cost Total Cost = Item Cost x Quantity Item Cost Total Cost = Item Cost x Quantity Item Cost Total Cost = Item Cost x Quantity Item Cost Total Cost = Item Cost x Quantity Item Cost Total Cost = Item Cost x Quantity 2 3 4 6 7 8 Plastic Flasher Barricades Type I Plastic Flasher Barricades Type II Plastic Flasher Barricades Type III Warning and Regulatory Signs (non -electrical) Traffic Cones Drums French Barricades Traffic Barriers Barrier (Caution) Tape Stop Handheld Paddle Sign Metal Flasher Barricades Type I Metal Flasher Barricades Type II Metal Flasher Barricades Type III 00 00 00 50 00 00 200 00 00 00 00 00 00 $ 60.00 $ 60.00 $ 150.00 $ 113.50 $ 20.00 $ 36.50 $ 69.00 $ 302.50 $ 5.00 $ 65.00 $ 60.00 $ 60.00 $ 150.00 $6,000.00 $6,000.00 $15,000.00 $5,675.00 $2,000.00 $3,650.00 $13,800.00 $30,250.00 $500.00 $6,500.00 $6,000.00 $6,000.00 $15,000.00 $116,375.00 SECONDARY VENDOR NO BID NO BID NO BID NO BID $ 15.50 $ 42.50 $ 65.00 NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID $1,550.00 $4,250.00 $13,000.00 NO BID NO BID NO BID NO BID NO BID NO BID $18,800.00 Mal $ 72.00 rllIl $ 112.00 $ 276.00 $ 105.80 $3,611.00 $4,499.00 $13,993.00 $3,600.00 $1,698.00 $3,938.00 $22,400.00 $27,600.00 $499.00 $3,375.00 $4,499.00 $4,499.00 $10,580.00 $104,791.00 PRIMARY VENDOR $ 69.50 $ 69.50 $ 140.00 $ 150.00 7.50 $ 38.00 $ 125.00 479.00 7.50 $ 85.00 $ 69.50 $ 69.50 $ 140.00 Total: $6,950.00 $6,950.00 $14,000.00 $7,500.00 $1,750.00 $3,800.00 $25,000.00 $147,900.00 $1,750.00 $8,500.00 $6,950.00 $6,950.00 $14,000.00 $252,000.00 $ 72.50 $ 72.50 $ 145.00 $ 172.00 $ 19.50 $ 62.50 $ 321.00 $ 72.50 $ 75.50 $ 77.50 $7,250.00 $7,250.00 $14,500.00 $8,600.00 $1,950.00 $6,250.00 $33,650.00 $32,100.00 $1,425.00 $7,250.00 $7,550.00 $7,750.00 $14,675.00 $150,200.00 TERTIARY VENDOR This amount is for the term of the contract plus the options to renew. Prepared by: Cristiane Lima Procurement Contracting Officer Detail by FEI/EIN Number Page 1 of 2 Florida Department of State Dryt;rrj, r of rg an biida/ &uwe of Florida website Department of State / Division of Corporations / Search Records / Search by FEI/EIN Number / DIVISION OF CORPORATIONS Detail by FEI/EIN Number Florida Profit Corporation ALL AMERICAN BARRICADES, CORP. Filing Information Document Number P98000032464 FEI/EIN Number 65-0827246 Date Filed 04/08/1998 State FL Status ACTIVE Principal Address 2300 SW 41 st Avenue Fort Lauderdale, FL 33317 Changed: 02/11/2016 Mailing Address 2300 SW 41 st Avenue Fort Lauderdale, FL 33317 Changed: 02/11/2016 Registered Agent Name & Address SANTOS, MONIQUE 2300 SW 41 st Avenue Fort Lauderdale, FL 33317 Name Changed: 03/30/2020 Address Changed: 02/11/2016 Officer/Director Detail Name & Address Title VPD SANTOS, MONIQUE 2300 SW 41 st Avenue Fort Lauderdale, FL 33317 Title PD SANTOS, RUBEN G http : //search. sunb i z. org/Inquiry/Corporati on S earch/ S earchRe sultD etail? inqui rytyp e=F eiNu... 4/7/2021 Detail by FEI/EIN Number Page 2 of 2 2300 SW 41 st Avenue Fort Lauderdale, FL 33317 Annual Reports Report Year Filed Date 2018 03/31/2018 2019 02/26/2019 2020 03/30/2020 Document Images 03/30/2020 -- ANNUAL REPORT 02/26/2019 -- ANNUAL REPORT 03/31/2018 -- ANNUAL REPORT 03/03/2017 -- ANNUAL REPORT 02/11/2016 -- ANNUAL REPORT 01/22/2015 -- ANNUAL REPORT 04/24/2014 -- ANNUAL REPORT 04/26/2013 -- ANNUAL REPORT 05/01/2012 --ANNUAL REPORT 09/21/2011 --ANNUAL REPORT 03/03/2011 --ANNUAL REPORT 04/06/2010 -- ANNUAL REPORT 05/06/2009 -- ANNUAL REPORT 05/01 /2008 -- ANNUAL REPORT 05/03/2007 -- ANNUAL REPORT 03/24/2006 -- ANNUAL REPORT 05/09/2005 -- ANNUAL REPORT 04/19/2004 -- ANNUAL REPORT 05/05/2003 -- ANNUAL REPORT 05/16/2002 -- ANNUAL REPORT 05/10/2001 --ANNUAL REPORT 05/12/2000 -- ANNUAL REPORT 03/04/1999 -- ANNUAL REPORT 04/08/1998 -- Domestic Profit View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Florida Department of State, Division of Corporations http://search. sunbiz. org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=FeiNu... 4/7/2021 Detail by FEI/EIN Number Page 1 of 2 Florida Department of State Jryt;rrj, r of rg an ujj1fud &uwe of Florida website Department of State / Division of Corporations / Search Records / Search by FEI/EIN Number / DIVISION OF CORPORATIONS Detail by FEI/EIN Number Florida Limited Liability Company MOTPLANS.COM LLC Filing Information Document Number L03000035813 FEI/EIN Number 76-0742303 Date Filed 09/19/2003 State FL Status ACTIVE Principal Address 631 NE 45 ST OAKLAND PARK, FL 33334 Changed: 01/17/2011 Mailing Address 631 NE 45 ST OAKLAND PARK, FL 33334 Changed: 01/17/2011 Registered Agent Name & Address MEYERS, MARK VP 631 NE 45 STREET OAKLAND PARK, FL 33334 Name Changed: 01/09/2012 Address Changed: 01/09/2012 Authorized Person(s) Detail Name & Address Title Managing Member SUKHU, SATTYA P 2515 North Atlantic Boulevard FORT LAUDERDALE, FL 33305 Title MGR MEYERS, MARK FV,S,T http : //search. sunb i z. org/Inquiry/Corporati on S earch/ S earchRe sultD etail? inqui rytyp e=F eiNu... 4/7/2021 Detail by FEI/EIN Number Page 2 of 2 13 CASTLE HARBOR ISLE FORT LAUDERDALE, FL 33308 Annual Reports Report Year Filed Date 2019 02/07/2019 2020 01/15/2020 2021 01/11/2021 Document Images 01/11/2021 --ANNUAL REPORT 01 /15/2020 -- ANNUAL REPORT 02/07/2019 -- ANNUAL REPORT 01/15/2018 -- ANNUAL REPORT 01/09/2017 --ANNUAL REPORT 01/22/2016 -- ANNUAL REPORT 04/06/2015 -- AMENDED ANNUAL REPORT 01/07/2015 -- ANNUAL REPORT 01/09/2014 -- ANNUAL REPORT 01/24/2013 -- ANNUAL REPORT 01/09/2012 --ANNUAL REPORT 01/17/2011 --ANNUAL REPORT 01/05/2011 --ANNUAL REPORT 01/07/2010 -- ANNUAL REPORT 02/26/2009 -- ANNUAL REPORT 03/10/2008 -- ANNUAL REPORT 01/30/2007 --ANNUAL REPORT 02/11 /2006 -- ANNUAL REPORT 01 /18/2005 -- ANNUAL REPORT 01 /16/2004 -- ANNUAL REPORT 09/19/2003 -- Florida Limited Liabilites View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Florida Department of State, Division of Corporations http://search. sunbiz. org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=FeiNu... 4/7/2021 Detail by FEI/EIN Number Page 1 of 3 Florida Department of State Dryt;rrj, r of rg an ujj1cia1 &we of Florida website Department of State / Division of Corporations / Search Records / Search by FEI/EIN Number / DIVISION OF CORPORATIONS Detail by FEI/EIN Number Foreign Profit Corporation ROADSAFE TRAFFIC SYSTEMS, INC. Filing Information Document Number F07000005974 FEI/EIN Number 26-1084418 Date Filed 12/06/2007 State DE Status ACTIVE Principal Address 8750 W. Bryn Mawr Ave Suite 400 Chicago, IL 60631 Changed: 01/07/2019 Mailing Address 8750 W. Bryn Mawr Ave Suite 400 Chicago, IL 60631 Changed: 01/07/2019 Registered Agent Name & Address CORPORATION SERVICE COMPANY 1201 HAYS STREET TALLAHASSEE, FL 32301 Name Changed: 12/31/2012 Address Changed: 12/31/2012 Officer/Director Detail Name & Address Title Treasurer EMMONS, RON 8750 W. Bryn Mawr Ave Suite 400 Chicago, IL 60631 http://search. sunbiz. org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=FeiNu... 4/7/2021 Detail by FEI/EIN Number Page 2 of 3 Title Secretary BENNETT, MARGARET 8750 W. Bryn Mawr Ave Suite 400 Chicago, IL 60631 Title President, Director Meirick, David 3015 E. Illini Street Phoenix, AZ 85040 Title Director KAHLER, CRAIG M. 8750 W. Bryn Mawr Ave Suite 400 Chicago, IL 60631 Title Director PARK, KYUN 8750 W. Bryn Mawr Ave Suite 400 Chicago, IL 60631 Title Director KISSANE, BRENDAN 8750 W. Bryn Mawr Ave Suite 400 Chicago, IL 60631 Title Director, Chairman SUAN, CHRISTOPHER 8750 W. Bryn Mawr Ave Suite 400 Chicago, IL 60631 Title Director JORDAN, MARIE 8750 W. Bryn Mawr Ave Suite 400 Chicago, IL 60631 Title Director AKBAR, OMAR http://search. sunbiz. org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=FeiNu... 4/7/2021 Detail by FEI/EIN Number Page 3 of 3 8750 W. Bryn Mawr Ave Suite 400 Chicago, IL 60631 Annual Reports Report Year Filed Date 2018 01/26/2018 2019 01/07/2019 2020 02/01/2020 Document Images 02/01 /2020 -- ANNUAL REPORT 01/07/2019 -- ANNUAL REPORT 01/26/2018 -- ANNUAL REPORT 04/04/2017 -- ANNUAL REPORT 04/20/2016 -- ANNUAL REPORT 04/24/2015 -- ANNUAL REPORT 04/29/2014 -- ANNUAL REPORT 04/19/2013 -- ANNUAL REPORT 12/31/2012 -- Reg. Agent Change 04/13/2012 -- ANNUAL REPORT 08/16/2011 --ANNUAL REPORT 01/05/2011 --ANNUAL REPORT 01/13/2010 -- ANNUAL REPORT 03/19/2009 -- ANNUAL REPORT 04/29/2008 -- ANNUAL REPORT 12/06/2007 -- Foreign Profit View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Florida Department of State, Division of Corporations http://search. sunbiz. org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=FeiNu... 4/7/2021 Detail by FEI/EIN Number Page 1 of 2 Florida Department of State Dryt;rrj, r of rg (j1cia1 &uwe of Florida website Department of State / Division of Corporations / Search Records / Search by FEI/EIN Number / DIVISION OF CORPORATIONS Detail by FEI/EIN Number Florida Profit Corporation SAFETY SYSTEMS BARRICADES, CORP Filing Information Document Number P08000080552 FEI/EIN Number 26-3278034 Date Filed 08/29/2008 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 10/30/2014 Event Effective Date NONE Principal Address 6551 N.W. 74TH AVENUE MIAMI, FL 33166 Changed: 01/27/2020 Mailing Address 6551 N.W. 74TH AVENUE MIAMI, FL 33166 Changed: 01/27/2020 Registered Agent Name & Address ROBLEDA, AMILCAR G 6551 N.W. 74TH AVENUE MIAMI, FL 33166 Address Changed: 01/30/2020 Officer/Director Detail Name & Address Title VPST ROBLEDA, AMILCAR G 6551 N.W. 74TH AVENUE MIAMI, FL 33166 Title P http : //search. sunb i z. org/Inquiry/Corporati on S earch/ S earchRe sultD etail? inqui rytyp e=F eiNu... 4/7/2021 Detail by FEI/EIN Number Page 2 of 2 DIAZ, CONCEPCION 6551 N.W. 74TH AVENUE MIAMI, FL 33166 Annual Reports Report Year Filed Date 2018 01 /31 /2018 2019 04/30/2019 2020 01/30/2020 Document Images 01 /30/2020 -- ANNUAL REPORT 04/30/2019 -- ANNUAL REPORT 01/31/2018 -- ANNUAL REPORT 05/03/2017 -- ANNUAL REPORT 04/04/2016 -- ANNUAL REPORT 03/20/2015 -- ANNUAL REPORT 10/30/2014 -- Amendment 04/19/2014 -- ANNUAL REPORT 01/21/2013 -- ANNUAL REPORT 05/04/2012 -- ANNUAL REPORT 09/23/2011 --Amendment 04/20/2011 --ANNUAL REPORT 02/26/2010 -- ANNUAL REPORT 04/28/2009 -- ANNUAL REPORT 08/29/2008 -- Domestic Profit View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Florida Department of State, Division of Corporations http://search. sunbiz. org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=FeiNu... 4/7/2021 City of Miami 1153388 All American Barricades Bid Contact ALI GARCES ali@barricades.com Ph 305-685-6124 Fax 754-312-5928 Address 2300 SW 41 Ave Fort Lauderdale, FL 33317 Item # Line Item Notes Unit Price Qty/Unit Attch. Docs 1153388--01-01 Flasher Barricades Type I Supplier Product Code: First Offer - $0.50 200 / each $100.00 Y 1153388--01-02 Flasher Barricades Type II Supplier Product Code: First Offer - $0.50 200 / each $100.00 Y 1153388--01-03 Flasher Barricades Type III Supplier Product Code: First Offer - $0.75 300 / each $225.00 Y 1153388--01-04 Warning & Regulatory Signs Supplier First Offer - $0.50 100 / each $50.00 Product Code: 1153388--01-05 Generator Powered Arrow Supplier First Offer - $25.00 25 / each $625.00 Boards Product Code: 1153388--01-06 Traffic Cones Supplier Product Code: First Offer - $1.00 200 / each $200.00 1153388--01-07 Drums Supplier Product Code: First Offer - $0.50 200 / each $100.00 1153388--01-08 French Barricades Supplier Product Code: First Offer - $3.00 1600 / each $4,800.00 1153388--01-09 Message Boards Supplier First Offer - $25.00 20 / each $500.00 Product Code: 1153388--01-10 Traffic Barriers Supplier Product Code: First Offer - $4.00 200 / each $800.00 1153388--01-11 Optional Set-up Service, Supplier First Offer - $30.00 1 / lot $30.00 Flasher Barricades 1-20 Product Code: 1153388--01-12 Optional Set-up Services, Signs Supplier First Offer - $30.00 1 / lot $30.00 1-10 Product Code: 1153388--01-13 Optional Set-up Services, Lane Supplier First Offer - $200.00 1 / lot $200.00 Closure Product Code: 4/8/2021 BidSync p. 239 City of Miami 1153388 Item # Line Item Notes Unit Price Qty/Unit Attch. Docs 1153388--02-01 GROUP 1 - Federally Funded Supplier First Offer - $60.00 100 / each $6,000.00 Projects - Sales: Plastic Flasher Product Barricades Type I Code: 1153388--02-02 GROUP 1 - Federally Funded Supplier First Offer - $60.00 100 / each $6,000.00 Projects - Sales: Plastic Flasher Product Barricades Type II Code: 1153388--02-03 GROUP 1 - Federally Funded Supplier First Offer - $150.00 100 / each $15,000.00 Projects - Sales: Plastic Flasher Product Barricades Type III Code: 1153388--02-04 GROUP 1 - Federally Funded Supplier First Offer - $113.50 50 / each $5,675.00 Projects - Sales: Warning and Product Regulatory Signs (non -electrical) Code: 1153388--02-05 GROUP 1 - Federally Funded Supplier First Offer - $20.00 100 / each $2,000.00 Projects - Sales: Traffic Cones Product Code: 1153388--02-06 GROUP 1 - Federally Funded Supplier First Offer - $36.50 100 / each $3,650.00 Projects - Sales: Drums Product Code: 1153388--02-07 GROUP 1 - Federally Funded Supplier First Offer - $69.00 200 / each $13,800.00 Projects - Sales: French Barricades Product Code: 1153388--02-08 GROUP 1 - Federally Funded Supplier First Offer - $302.50 100 / each $30,250.00 Projects - Sales: Traffic Barriers Product Code: 1153388--02-09 GROUP 1 - Federally Funded Supplier First Offer - $5.00 100 / roll $500.00 Projects - Sales: Barrier (Caution) Product Tape Code: 1153388--02-10 GROUP 1 - Federally Funded Supplier First Offer - $65.00 100 / each $6,500.00 Projects - Sales: Stop Handheld Product Paddle Sign Code: 1153388--02-11 GROUP 1 - Federally Funded Supplier First Offer - $60.00 100 / each $6,000.00 Projects - Sales: Metal Flasher Product Barricades Type I Code: 1153388--02-12 GROUP 1 - Federally Funded Supplier First Offer - $60.00 100 / each $6,000.00 Projects - Sales: Metal Flasher Product Barricades Type II Code: 4/8/2021 BidSync p. 240 City of Miami 1153388 1153388--02-13 GROUP 1 - Federally Funded Supplier First Offer - $150.00 100 / each $15,000.00 Projects - Sales: Metal Flasher Product Barricades Type III Code: Lot Total $116,375.00 Item # Line Item Notes Unit Price Qty/Unit Attch. Docs 1153388--03-01 GROUP 2 - Non -Federally Funded Supplier First Offer - $0.50 200 / each $100.00 Projects - Rental : Flasher Product Barricades Type I Code: 1153388--03-02 GROUP 2 - Non -Federally Funded Supplier First Offer - $0.50 200 / each $100.00 Projects - Rental : Flasher Product Barricades Type II Code: 1153388--03-03 GROUP 2 - Non -Federally Funded Supplier First Offer - $0.75 300 / each $225.00 Projects - Rental : Flasher Product Barricades Type III Code: 1153388--03-04 GROUP 2 - Non -Federally Funded Supplier First Offer - $0.50 100 / each $50.00 Projects - Rental : Warning & Product Regulatory Signs Code: 1153388--03-05 GROUP 2 - Non -Federally Funded Projects - Rental :Generator Powered Arrow Boards 1153388--03-06 GROUP 2 - Non -Federally Funded Supplier First Offer - $1.00 200 / each $200.00 Projects - Rental : Traffic Cones Product Code: 1153388--03-07 GROUP 2 - Non -Federally Funded Supplier First Offer - $0.50 200 / each $100.00 Projects - Rental : Drums Product Code: 1153388--03-08 GROUP 2 - Non -Federally Funded Supplier First Offer - $3.00 1600 / each $4,800.00 Projects - Rental : French Product Barricades Code: 1153388--03-09 GROUP 2 - Non -Federally Funded Supplier First Offer - $25.00 20 / each $500.00 Projects - Rental : Message Boards Product Code: 1153388--03-10 GROUP 2 - Non -Federally Funded Supplier First Offer - $4.00 200 / each $800.00 Projects - Rental : Traffic Barriers Product Code: 1153388--03-11 GROUP 2 - Non -Federally Funded Supplier First Offer - $30.00 1 / lot $30.00 4/8/2021 BidSync p. 241 City of Miami 1153388 Projects - Rental : Optional Set-up Product Service, Flasher Barricades 1-20 Code: 1153388--03-12 GROUP 2 - Non -Federally Funded Supplier First Offer - $30.00 1 / lot $30.00 Projects - Rental : Optional Set-up Product Services, Signs 1-10 Code: 1153388--03-13 GROUP 2 - Non -Federally Funded Supplier First Offer - $200.00 1 / lot $200.00 Projects - Rental : Optional Set-up Product Services, Lane Closure Code: Lot Total $7,135.00 Item # Line Item Notes Unit Price Qty/Unit Attch. Docs 1153388--04-01 GROUP 2 - Non -Federally Funded Supplier First Offer - $60.00 100 / each $6,000.00 Projects - Sales : Plastic Flasher Product Barricades Type I Code: 1153388--04-02 GROUP 2 - Non -Federally Funded Supplier First Offer - $60.00 100 / each $6,000.00 Projects - Sales : Plastic Flasher Product Barricades Type II Code: 1153388--04-03 GROUP 2 - Non -Federally Funded Supplier First Offer - $150.00 100 / each $15,000.00 Projects - Sales : Plastic Flasher Product Barricades Type III Code: 1153388--04-04 GROUP 2 - Non -Federally Funded Supplier First Offer - $113.50 50 / each $5,675.00 Projects - Sales : Warning and Product Regulatory Signs (non -electrical) Code: 1153388--04-05 GROUP 2 - Non -Federally Funded Supplier First Offer - $20.00 100 / each $2,000.00 Projects - Sales : Traffic Cones Product Code: 1153388--04-06 GROUP 2 - Non -Federally Funded Supplier First Offer - $36.50 100 / each $3,650.00 Projects - Sales : Drums Product Code: 1153388--04-07 GROUP 2 - Non -Federally Funded Supplier First Offer - $69.00 200 / each $13,800.00 Projects - Sales : French Barricades Product Code: 1153388--04-08 GROUP 2 - Non -Federally Funded Supplier First Offer - $302.50 100 / each $30,250.00 Projects - Sales : Traffic Barriers Product Code: 1153388--04-09 GROUP 2 - Non -Federally Funded Supplier First Offer - $5.00 100 / roll $500.00 Projects - Sales : Barrier (Caution) Product Tape Code: 4/8/2021 BidSync p. 242 City of Miami 1153388 1153388--04-10 GROUP 2 - Non -Federally Funded Supplier First Offer - $65.00 100 / each $6,500.00 Projects - Sales : Stop Handheld Product Paddle Sign Code: 1153388--04-11 GROUP 2 - Non -Federally Funded Supplier First Offer - $60.00 100 / each $6,000.00 Projects - Sales : Metal Flasher Product Barricades Type I Code: 1153388--04-12 GROUP 2 - Non -Federally Funded Supplier First Offer - $60.00 100 / each $6,000.00 Projects - Sales : Metal Flasher Product Barricades Type II Code: 1153388--04-13 GROUP 2 - Non -Federally Funded Supplier First Offer - $150.00 100 / each $15,000.00 Projects - Sales : Metal Flasher Product Barricades Type III Code: Lot Total $116,375.00 4/8/2021 BidSync p. 243 City of Miami 1153388 All American Barricades Item: Flasher Barricades Type I Attachments City of Miami BID 1153388.pdf 4/8/2021 BidSync p. 244 cgPoiNifitirti Solicitatioril 1553888 I Invitation for Bid (IFB) Procurernent Department Miami Riverside Center 444 SW 2ndAvenue, 6'h Floor Miami, Florida 33130 Web Site Address: www.miamigov.com/procurement IFB Number: Title: 1153388 Invitation for Bid for the Rental and Purchase of Barricades Issue Date/Time: 24-FEB-2021 IFB Closing Date/Time: 19-MAR-2021 @ 3:00 p.m. Pre-Bid/Pre-Proposal Conference: Voluntary Pre-Bid/Pre-Proposal Date/Time: 3-MAR-2021 @ 2:00 p.m. Pre-Bid/Pre-Proposal Location: Virtual Via Microsoft Teams Deadline for Request for Clarification: 8-MAR-2021 @ 3:00 p.m. Contracting Officer: Lima, Cristiane Contracting Officer E-Mail Address: clima(u,miamigov.com Contracting Officer Facsimile (305)400-5009 2/24/2021 6:00 AM 4/8/2021 BidSync �i 'i�11411i Solicitationl'i :,esss;; 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 (1) certify that we have read your solicitation, completed the necessary documents, and propose to furnish and deliver, F.O.B. DESTINATION, the items or services specified herein. The undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations, or debarred or suspended as set in section 18-107 or Ordinance No. 12271. All exceptions to this submission have been documented in the section below (refer to paragraph and section). EXCEPTIONS: We (I) certify that any and all information contained in this submission is true; and we (I) further certify that this submission is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and conditions of this solicitation and certify that 1 am authorized to sign this submission for the submitter. Please print the following and sign your name: PROPOSER NAME: All r *IkeJ5A ( ) ADDRESS: 2 3 0o S 'I /{ V 6, 14) et-&-/ PHONE: 1 / Z ", /5-/O 0 FAX: ` - -= /2 97-E EMAIL: a vo 6, e B% 2-1 ws- /VCEL. f pt ,nal): SIGNED BY: TITLE: 17161 "Di1 •l FAILURE TO COMPLETE, SIGN. AND RETURN THIS FORM SHALL DISQUALIFY THIS RESPONSE. 2/24/2021 6:00 AM 4/8/2021 BidSync c ii'olAli SolicitationilittbAS Legal Name of Firm: Certifications q kthJ Saar u�� Federal Employer Identification Number (FEIN): -og2,12442 Year Established: gqg Office Location: City ofMiomi, Miami -Dade County, or Other c1 Business Tax Receipt/Occupational License Number: i/kub0//bila WI- 31,01 Business Tax Receipt/Occupational License Issuing Agency: fit! WJ) lwakr Business Tax Receipt/Occupational License Expiration Date: Will Subcontractor(s) be used? (Yes o If subcontractor(s) will be utilized, provide their name, address and the portion of the work they will be responsible for under this contract (a copy of their license(s) must be submitted with your bid response): Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (i.e. Addendum No. 1, 1/1/2020). If no addendum/addenda was/were issued, please insert N/A. ktekthip.1 kink It lion If Bidder has a Local Office, as defined under Chapter 18/Article II1, Section 18-73 of the City Code, has Bidder filled out, notarized, included with its bid response the "City of Miami Local Office Certification" form? YES OR 2/24/2021 6:DO AM 4/8/2021 BidSync afoctWgini Soficitation1l1 Reference No. 1: Name of Company/Agency for which Bidder is currently providing the services/goods as described in this solicitation, or has provided such services/goods in the past: Reference No. 1: Address, City, State, and Zip for above reference company/agency listed: Reference No. 1: Name of Contact Person, Telephone Number and Email for above reference no. 1 Reference No. 1: Date of Contract or Sale for above reference no. 1 Reference No. 2: Name of Company/Agency for which Bidder is currently providing the services/goods as described in this solicitation, or has provided such services/goods in the past: Reference No. 2: Address, City, State, and Zip for above reference company/agency listed: Reference No. 2: Name of Contact Person, Telephone Number and Email for above reference no. 2 Reference No. 2: Date of Contract or Sale for above reference no. 2 Reference No. 3: Name of Company/Agency for which Bidder is currently providing the services/goods as described in this solicitation, or has provided such services/goods in the past: J Cc Reference No. 3: Address, City, State, and Zip for above reference company/agency listed: Reference No. 3: Name of Contact Person, Telephone Number and Email for above reference no. 3 Reference No. 3: Date of Contract or Sale for above reference no. 3 2/24/2021 6:00 AM 4/8/2021 BidSync City of Miami 1153388 March 19, 2021 City of Miami All American Barricades will adopt, as requested in the ordinance, the Deerfield Beach Code of Ethics. COMPANY OWNERSHIP: Ruben Santos — Owner/President Monique Santos — Owner/Vice President COMPANY INFO: Duns & Bradstreet number#17-798-1305 Established 1998 PRIMARY POINTS OF CONTACT: Ruben Santos — Owner/President 305-685-6124 offc / 786-236-4901 cell Ariel Garces — Project Manager 305-685-6124 offc / 954-512-8900 cell Alicia Garces — General Manager 305-685-6124 offc / 954-512-8337 cell HEADQUARTERS ADDRESS: 2300 SW 41 Avenue Ft. Lauderdale, FL 33317 (305) 685-6124 Office (754) 312-5928 Fax www.barricades.com References: 1) City of Miami Beach — Memorial Urban Weekend / set-up and take down of French Barricades and complete traffic control Cpt. Paul Acosta 786-714-0700 / paulacosta cC�miamibeachfl gov 2) City of Miami — MLK Parade / set-up and take down of French Barricades and complete traffic control vonCarol Kinchens 305-960-5116 / vkinchensc miamigov.com All American Barricades 2300 SW 41 Ave Ft. Lauderdale, FL 33317 305-685-6124 fax: 754-312-5928 www.barricades.com 4/8/2021 BidSync p. 249 City of Miami 1153388 3) Miami Dade County — MLK Parade / set-up and take down of French Barricades and complete traffic control Ed Hanna 786-298-6925 4) Univision — 3 Kings Parade / set-up and take down of French Barricades and complete traffic control Nick Mestre 305-245-0043 / Nmestre(tiunivisionradio.com 5) Kiwanis — Calle 8 / set-up and take down of French Barricades and complete traffic control Adrian 786-412-1133 / Isanchez c(�carnavalmiami.com 6) Life Time — The Healthy Way of Life Company'^' Media & Events - Miami Marathon / set- up and take down of lane closures, coning, and complete traffic control 7) City of Fort Lauderdale — Stefan Mohammed 12265-393 Barricades & Flashers Rental SMohammed aC�fortiauderdalagov All American Barricades 2300 SW41 Ave Ft Lauderdale, FL 33317 305-685-6124 fax: 754-312-5928 www.barricades.com 4/8/2021 BidSync p. 250 bite oif Milli Soiicitation111 IMPORTANT NOTICE TO BIDDERS: • FAILURE TO COMPLETE AND SIGN THE CERTIFICATION STATEMENT AND CERTIFICATIONS SECTION, SPECIFICALLY THE CERTIFICATION REGARDING LOBBYING WILL RENDER YOUR BID NON -RESPONSIVE. • PLEASE SUBMIT A COPY OF THE MOST RECENT LOCAL BUSINESS TAX RECEIPT ISSUED BY CITY OF MIAMI, MIAMI-DADE COUNTY, OR BROWARD COUNTY. • CONTACT BIDSYNC VENDOR SUPPORT TOLL -FREE NUMBER 800-990-9339, OR EMAIL SUPPORTBIDSYNC.COM, FOR BIDSYNC TECHNICAL DIFFICULTIES AND PROBLEMS. 2/24/2021 6:00 AM 4/8/2021 BidSync So licitatio n11i �8 ATTACHMENT B CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his/her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officers or employee of Congress, or an employee or a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form, LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that II subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor, ��,(� +^'rrlcertifies or affirms the truthfulness and accuracy of each statement of its certification an disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31, U.S.C. § 3801 et seq., apply to this certification and disclos . re, if any. Signature of Contrac Qntract• 's Authorized Official Name and Title of Contractor/Contr ctor's Authorized Official Cti Date: sus � 06 0 y 2/24/2021 8:00 AM 4/8/2021 BidSync P: f42 City of Miami 1153388 A o CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 12/17/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Wilson, Washburn & Forster Insurance 16505 NW 13th Ave Miami FL 33169 CONTACT NAME: we. No. ext): 305-666-6636 FAX No): 305-662-7778 ADDRESS: certificates@wwfins_com INSURER §AFFORDING COVERAGE NAIC # INSURER A : Travelers indemnity Co of Am 25666 INSURED ALLAMO3 Alf American Barricades, Corp. 2300 SW 41 st Ave Fort Lauderdale FL 33317 INSURER B : Travelers Prop Cas Comp of Am 25674 INSURER C: INSURER D : INSURER E : INSURER F ERTIFICATE NU THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFP (MM/DD/YYYY) POLICY EXP (MMJDD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABIUTY Y Y 6600K495683 11/30/2020 11/30/2021 EACH OCCURRENCE $1,000,00D CLAMS -MADE OCCUR DAMAGE TO PREMISES (EaENTED occurrence) $ 300,000 MED EXP Any one person) $ me PERSONAL &ADV INJURY $ 1,000,060 GEN'LAGGREGATE P POLICY OTHER: LIMIT APPLIESPER: 1 PE 0. 1 1 LOC GENERAL AGGREGATE $ 2,000.000 PRODUCTS - COMP/OP gGG $2,000,000 $ A AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED ' SCHEDULED Y Y BA7N505246 11/30/2020 11/30/2021 COMBINED SINGLE LIMIT (Ea accident) $ 1 000,00D BODILY INJURY (Per person) $ BODILY INJURY (Per ) $ PROPERTY DAMAGE (Per accident) $ $ 8 g X UMBRELLA UAS EXCESS LIAB X O OCCUR CLAIMS -MADE CUP2L225754 11130/2020 11/30/2021 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ DED X RETENTION $1n.00q $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERJMEM$ER EXCLUDED? (Mandatory In NH) If yes. describe under DESCRIPTION OF OPERATIONS below YI N N 1 A U69H1953$7 11/30/2020 11/30/2021 X MUTE1 OTH- ER E.L. EACH ACCIDENT $ 1,060,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Additional Insured status on a primary non contnbutory basis with waiver of Subrogation applies for The City of Miami per the attached endorsements. RTIFICATE HOLDER CANCELLATION City of Miami 444 SW 2nd Ave Miami FL 33130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORED REPRESENTATIVE ACORD 25 (2014101) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 4/8/2021 BidSync p. 253 City of Miami 1153388 BROWARD COUNTY LOCAL BUSINESS TAX RECEIPT 115 S. Andrews Ave., Rm. A-100, Ft. Lauderdale, FL 33301-1895 — 954-831-4000 VALID OCTOBER 1, 2020 THROUGH SEPTEMBER 30, 2021 Receipt :AL OTHERSBusiness Typee: (BARRICADE RENTAL) DBA: Business Name: ALL AMERICAN BARRICADES CORP Owner Name: RUBEN SANTOS Business Location: 2300 SW 41 AVE FT LAUDERDALE Business Phone: 305-685-6124 Rooms Seats Employees 2 Business Opened:05/01/1998 State/County/Cert./Reg: Exemption Code: Machines Professionals For Vending Business Only Number of Machines: Vending Type: Tax Amount Transfer Fee NSF Fee Penalty Prior Years Collection Cost Total Paid 33.00 0.00 0.00 0.00 0.00 0.00 33.00 THIS RECEIPT MUST BE POSTED CONSPICUOUSLY IN YOUR PLACE OF BUSINESS THIS BECOMES A TAX RECEIPT This taxis levied for the privilege of doing business within Broward County and is non -regulatory in nature. You must meet all County and/or Municipality planning and zoning requirements. This Business Tax Receipt must be transferred when the business is sold, business name has changed or you have moved the business location. This receipt does not indicate that the business is legal or that it is in compliance with State or local laws and regulations. WHEN VALIDATED Mailing Address: ALL AMERICAN BARRICADES CORP 2300 SW 41 AVE FT LAUDERDALE, FL 33317 2020 - 2021 Receipt #WWWW-19-00201584 Paid 08/03/2020 33.00 BROWARD COUNTY LOCAL BUSINESS TAX RECEIPT 115 S. Andrews Ave., Rm. A-100, Ft. Lauderdale, FL 33301-1895 — 954-831-4000 VALID OCTOBER 1, 2020 THROUGH SEPTEMBER 30, 2021 DBA: ALL AMERICAN BARRICADES CORP Business Name: Owner Name: RUBEN SANTOS Business Location:2300 SW 41 AVE FT LAUDERDALE Business Phone: 305-685-6124 Rooms Seats Employees 2 Receipt #: 329-35801 Business Type: ALL OTHERS Business Opened: 05/01/1998 StatelCou my/Cert!Reg : Exemption Code: Machines (BARRICADE RENTAL) professionals Signature For Vending Business Only Vendinn Tune: Tax Amount Transfer Fee NSF Fee Penalty Prior Years Collection Cost Total Paid 33.00 0.00 0.00 0.00 0.00 0.00 33.00 Receipt #WWW-19-00201584 Paid 08/03/2020 33.00 4/8/2021 BidSync p. 254 City of Miami 1153388 Alicia Garces From: support@bidsync.com Sent: Friday, March 19, 2021 1:59 PM To: Alicia Garces Subject: Offer Received - Solicitation 1153388 BidSync eriscope Offer(s) on Bid 1153388 ALI GARCES - All American Barricades Line Item 1153388--01-01 Flasher Barricades Type I Product Code Unit Price $0.50 Notes for Buyer Qty/Unit Total Amount 200 / each $100.00 Attachments 1153388--01-02 Flasher Barricades Type II Product Code Unit Price $0.50 Notes for Buyer Qty/Unit Total Amount 200 / each $100.00 Attachments 1153388--01-03 Flasher Barricades Type III Product Code Unit Price $0.75 Notes for Buyer Qty/Unit Total Amount 300 / each $225.00 Attachments 1153388--01-04 Warning & Regulatory Signs Product Code Unit Price Qty/Unit Total Amount $0.50 100 / each $50.00 Notes for Buyer Attachments 1153388--01-05 Generator Powered Arrow Boards Product Code Unit Price $25.00 Notes for Buyer Qty/Unit Total Amount 25 / each $625.00 Attachments 1153388--01-06 Traffic Cones Product Code Notes for Buyer Unit Price $1.00 Qty/Unit Total Amount 200 / each $200.00 Attachments 1153388--01-07 Drums Product Code Notes for Buyer Unit Price $0.50 Qty/Unit Total Amount 200 / each $100.00 Attachments 1153388--01-08 French Barricades Product Code Notes for Buyer Unit Price $3.00 Qty/Unit Total Amount 1600/ each $4800.00 Attachments 1153388--01-09 Message Boards 4/8/2021 1 BidSync p. 255 City of Miami 1153388 Product Coe Qty/Unit ....:......:. . . Unit Price ;' Qtni;=: ' ;Tbta! Amount; No tes for Buyer :::::: : : :: .:::.:::: '.:...::.::..:... _". Attachments 1153388=-01-10: Traffic. Barriers Product Code Qty/Unit ;::.:::Total Amount : 200 / each $800.00 Attachments Optional. Set-up Service, ':Flasher. Barricades 1-20 Product ...:Code Unit Price Qty/Unit Total Amount $30.00: 1/:lot $30.00 Notes for Attachments :'::;: 1153388--01-12: 1153388--01-13 1153388--02-01. Optional .Set-up .Services, Signs 1-10; Product Code Unit. Price $30.00 Notes for Buyer.; Optional Set-up Services;: Lane Closure Product code Unit Price: t Unit Total Amount $200 0[ 1: / lot :: $20.0 00 Notes for Buyer ...Attachments Qty/Unit Total Amount 1:./.lot $30.00 Attachments : plastic Flasher: Barricades Type I Product Code :. Unit Price ., $60.00:: Notes for :Buyer : Qty/Unit Total Amount 100'/. each :.. $6000.00 Attachriients 1:153388-=02-02 Plastic Flasher Barricades Type II Product Coe: Unit. Price : Qt]I/Unit : Total Amount $60.00 :::100 /:. each ::.::.:.:: $6000.00 Notes for Buyer Attachments 1153388--02-03 Plastic Flasher Barricades Type III Product Code Unit Price $150.00 Notes for Buyer Qty/Unit :. ..Total Amount 100./ each : $15000.00 Attachments 4 Warning and Regulatory Signs (non -electrical) - .. .:...: . ;:... ,Product:..:.... Code e:;;: '' : ` Unit Price : : ::::.:.:.:: ':::: ..::::..:.;::QtY:Unrt.:::::::Total >Amount . • $113.50 50 / each $5675.00 Notes for : Buyer ;:':::: ::' :::":; ::: `.::' ::.: ::.::.:::...::Attachments :::;.;.:.;.:::::.:::::..: 1153388--02-05 1:153388-02-05. 1153388=-02-07: Traffic Cones Product Code Notes for Buyer Drums Product Code .: Unit Price $20.00 Qty/Unit Total Amount 100 / each $2000.00 Attachments Notes for Buyer;::: French Barricades Product Code Notes for Buyer Unit Price $3650: Qty/Unit Total Amount 100 /::each :::. .$3650•00:: Attachments '. Unit Price $69.00 Qty/Unit Total Amount 200 / each $13800.00 Attachments 1153388--02-08: ::::::' Traffic; Barriers Product ro e::: Notes for Buyer Unit:: Price`::::.::: 302.50: QtY/Unit:::: ,Total Amount 100:/: each::::::.$3025000: Attachments::::: 1153388-=02=09. Barrier (Caution). Tape: 4/8/2021 2 BidSync p. 256 City of Miami 1153388 115 3388--02- i 0 1153388--02- 1 Stop: Handheld Paddle Sign .Product Code Unit Price .........:........ . Notes $6500 Qty/Unit. Total Amount 100 / roll :: $500.00 Attachments Unit:.'..:: Total Am" aunt::' Attachments Metal Flasher Barricades Type I Product Code Unit Price $60.00 Notes for Buyer Qty/Unit Total Amount 100 / each :. $6000.00: Attachments 1153388-=02-12: ".., .Metal Flasher: Barricades Type ;II Product Code UnitPrice £000:::;:.. Notes for Byr:1::.:: 1153388--02-13 Metal Flasher. Barricades: Type: III Product Code Unit Price .:........ ,..: 150:00 .: Notes for Buyer TotalAmount :: a. 'Attachments:. .. Qty/Unit Total: Amount 100 / each $15000.00 Attachments 1153388=-03=01': Flasher..:Barrica es':Type; Z Product Code;::. Unit Price $050:: Notes for Buyer Qty /Untt..:.`..::Total Amount 200 / each : $100.00 Attachments 1153388--03-02 1153388-03=03::: Flasher Barricades Type II•• :. Product Code ::.: Unit Price .. . $0.50 Notes for Buyer Flasher Barricades Type III ..::.:'.:.;. Product Code Unit Price ::$175 .:.:. Notes for Ber;::::: Qty/Unit Total Amount 200 each $100.00 Attachments Qty/Unit Total Amount 300: / e.acFi ::.:' 225 00 Attachments 1153388--03-04 Warning .& Regulatory Signs Product Code : Unit Price $0.50 Notes for Buyer`: Qty/Unit Total Amount 100 / each : :$50.00 Attachments 1153388--03-05 Generator Powered Arrow Boards Product Code Unit Price 1153388--03-06 1153388--03-07 Notes: for Buyer Traffic Cones Product Code Notes for Buyer Drums Product :Code $0.50 1153388--03-08 Unit; Price:'.;:; Qty/Unit :::::;'Total Amount 25::each ::`:• '$ Attachments Qty/.Unit Total Amount 200 / each $200.00 Attachments' /Unit::` ::.Total Amount Qhr' 200 /: each '::.$100.00 Attachments French Barricades Product Code Notes for Buyer 1153388__03_09.::::::: Message Boards; Qty/Unit ::. Total Amount 1600 :./. each $4800.00 Attachments 4/8/2021 3 BidSync p. 257 City of Miami 1153388 1153388-=03-10 115338803=.11::':: roduct:.:Code: •::Unit.'Price::::.:...>..... 250 .:Notes:for Traffic Barriers %Product Code Notes for Buyer Qty/Unit Total. Amount 20/:;each $500:.Q0;:':;;:::. ;.. Attachments Qty/Unit: Total Amount 200 /::each ':.:::: $800.00 Attachments ::.:......:. . Optional:Set=up.;5erv�ce: Flasher Barr:icades .1:-20 u. Code Uriit:P.rire::.: ;:: riitt' '.;,:.Total Amount $30.00. 1:/ lot s30.00 Notes; for:Buyer uY.............., Attachments 1153388--03-12 Optional .Set -tip Services, Signs 1-10: Product Code Unit: Price $3000 .' Notes for Buyer Qty/,Unit :: ..Total Amount 1 /:lot .... ::: $30.00' Attachments 1153388--03-13.:'. 1153388--04-01 Optional Setup Ser vices; Lane :Closure;::::: ct Prod u'Code:';:..: ' ` ,,. ,.... ... Unit Price 200.00::..;:. Notes for Bu Plastic Flasher Barricades Type I Product. Code Unit Price: $60.00 Notes for :Buyer.::• 1153388--0402 1153388--04-03 1153388--04-05 1153388--04-06 1153388--04-07 1153388-=04-.08 .,:... Plastic: Flasher Barricades :Type; ii Product Code <:'Urtit Price 60:00; otes for Bu er Plastic Flasher. Barricades Type III Product Code : Unit Price $150.00 Notes for Buyer: QtY/Unit :::.:Total Amount• 1 / lot $200 00 Attachments': Qty/Unit Total Amount 100 ./ each $6000.00 Attachments Qty/Unit Total: Amount 100 / each $6000 0o Attachments::. Qty/Unit Total Amount 100 / each ; . $15000.00 Attachments .arnirt arid'Regulatory .;Signs (non -electrical)..:; Product Code Unit Price Qty/Unit.. Total Amount 113; :::. ,.....:....::.....: 0::::::';";;. ;.; :::...:::.50::/each :'.<:: $5675;00:,;:...:;:::.:: Notes for>BuyeC;'>'::`'`:::'::`;;;`:.:`;::':'i:::;?:;'<: s Attachments Traffic Cones. Product Code •• Notes for .Buyer: Drums:.;`:<: Product Code • Notes for,:Buyer French Barricades Product Code TrafFc'Barriers< Product Cbde...... ,... . Notes for ::Buyer: Unit Price $302,50 Qty/Unit Total Amount 100 / each $2000.00 Attachments Qty/Uni ::::. ":: Total Amount: 1 0 / eatl $3650.0© :• Attachments• Qty/Unif..:. Total Amount 200 / each ::::.$13800.00 Attachments ... Qty/Unit Total Amount 100 / each `:: $3025000 Attachments 1153388==04-09 Barrier (Caution) Tape 4/8/2021 4 BidSync p. 258 City of Miami 1153388 Product Code Unit Price $5.00 Notes for Buyer Qty/Unit Total Amount 100 / roll $500.00 Attachments 1153388--04-10 Stop Handheld Paddle Sign Product Code Unit Price $65.00 Notes for Buyer Qty/Unit Total Amount 100 / each $6500.00 Attachments 1153388--04-11 Metal Flasher Barricades Type I Product Code Unit Price $ 60.00 Notes for Buyer Qty/Unit Total Amount 100 / each $6000.00 Attachments 1153388--04-12 Metal Flasher Barricades Type II Product Code Unit Price $60.00 Notes for Buyer Qty/Unit Total Amount 100 / each $6000.00 Attachments 1153388--04-13 Metal Flasher Barricades Type III Product Code Unit Price $150.00 Notes for Buyer Qty/Unit Total Amount 100 / each $15000.00 Attachments Bid Notes: - These notes apply to the bid as a whole. Bid Attachments: - These attachments apply to the bid as a whole. To change your notification options, please do the following: 1. Log into the BidSync system. 2. Click the' Tools" tab on the top menu. 3. Click the "My Info" link on the submenu. 4. On the "My Info" page, scroll down to the "Notifications" section and click the "Change notification settings" link. 5. Edit your notification settings, and then click the "Save" button. BidSync (www.bidsync.com) 629 Quality Drive, Suite 101 American Fork, UT 84003 Copyright@ 2020 - Periscope Holdings, Inc. -All rights reserved. 4/8/2021 5 BidSync p. 259 City of Miami 1153388 All American Barricades Item: Flasher Barricades Type II Attachments City of Miami Solicitation 115338.pdf 4/8/2021 BidSync p. 260 cry%Pla'�{� i Solicitation 1f9 Solicitation 1153388 Invitation for Bid for the Rental and Sale of Barricades Solicitation Designation: Public vv.! .+*,> m�ys City of Miami 2/24/2021 6:00 AM 4/8/2021 BidSync pp2g1 c6Pli Solicitation 118 ATTACHMENT A CITY OF MIAMI LIVING WAGE ORDINANCE ARTICLE X. - LIVING WAGE REQUIREMENTS FOR SERVICE CONTRACTS AND CITY EMPLOYEESI1 Footnotes: --- (9) -- Note-- Section 5 of Ord_ No. 12787 states that this article shall be effective October 1, 2006. Editors note— Prior to the adoption of Ord. No. 127 87, Ord. No, 12623, § 2, adopted December 9, 2004, repealed a:rricie X, divisions 1- , in its entirety, v,(Nch pertained to the economic devebbpn lent financing authority and derived from Ord. No. 12062, § 3, adopted May 10, 2001. Sec. 18-556. - Definitions. City means the government of the City of Miami or any authorized agents, any board, agency, commission, department, or other entity thereof, or any successor thereto. Contract means any contract to provide services to the city in which the total value of the contract exceeds $100,000.00 per year. Contractor means any "for profit" individual, business entity, corporation, partnership, limited liability company, joint venture, or similar business entity which meets the following criteria: (1) The contractor is paid in whole or part from one or more of the city's general funds, capital project funds, special revenue funds, or any other funds, including, but not limited to, grants, donations, and the like, whether by competitive bid process, requests for proposals, or some other form of competitive solicitation, negotiation, or agreement, or any other decision to enter into a contract; and (2) The contractor is engaged in the business of or part of a contract to provide services for the benefit of the city. This section shall apply to employees of the contractor who spend the majority of their time on covered City of Miami service contracts. If the contract is for both goods and services it shall only apply to the services portion of such contract. This section shall not apply to contracts which are primarily for the sale or leasing of goods. Goods are defined in section 18-73 of the City Code. Covered employee means anyone employed by the city working more than 35 hours per week or any service contractor employee, working full or part-time, with or without benefits, that is involved in providing services under the service contractor's contract with the city. Covered employer means the city and any and all service contractors and subcontractors of a service contractor. Living wage means a wage that is as defined in section 18-557 of this Code. The living wage may be adjusted once annually by an amount equivalent to the cost of living adjustment for Miami -Dade County as published by the United States Department of Labor, Bureau of Labor Statistics. Language so stating will be included in all request for proposals, or other competitive solicitation documents, issued by the city for the procurement of services (unless the living wage provisions are excluded as provided in section 18-557 herein). New service contracts means those having contracts competitively solicited and awarded on or after January 1, 2017. 2/24/2021 6:00 AM 4/8/2021 BidSync Page 1 §$2 c90610Aui Salicitatiori 1$84@§8 Service contract means a contract to provide services to the city excluding, however, professional services as defined by the "Consultants Competitive Negotiation Act" set forth in F.S. § 287.055, and section 18-87 of the City Code and/or the other exclusions provided by section 18-557 of the City Code. (Ord. No. 12787, § 2, 4-6-06; Ord. No. 13648, § 2, 11-17-16) Sec. 18-557. - Living wage. (a) Living wage paid. (1) New service contractors. All new service contracts shall pay to all its employees who provide covered services a living wage of no less than $15.00 per hour without health benefits; or a wage of no less than $13.19 an hour with health benefits as defined in this section unless otherwise excluded pursuant to this article. (2) Existing service contracts. Service contracts awarded and effective or competitively solicited prior to January 1, 2017, shall not be subject to the payment of the living wage set forth in this section and shall continue to be governed by the terms and conditions of the respective solicitation and resulting contractual documents, when applicable. The living wage provisions shall apply to all contracts covered by this section unless specifically excluded by one or more subsections below: a. The living wage provision is disallowed by a federal or state law or regulation, grant requirements, or by a contract the city is accessing by "piggybacking", and which contract does not include a living wage provision; b. Funding sources for the contract disallow the living wage provision or provide contradictory funding requirements, or are contained in a contract awarded or solicited prior to the effective date of January 1, 2017, and which contract includes renewals or extensions; c. Professional service contracts awarded under the "Consultants Competitive Negotiation Act", F.S. § 287.055, for the professional services within the scope of the practice of architecture, professional engineering, landscape architecture, registered surveying, and/or mapping; d. The living wage provision is waived by the city commission by resolution, prior to issuance of the competitive solicitation document, upon written recommendation of the city manager or authorized designee, when the city commission finds it is in the best interest(s) of the city to approve such waiver, in which case the living wage provision shall not apply in the competitive solicitation document; or e. All responsible wage construction contracts covered by section 18-120 of this Code. (4) City employees. For covered employees of the city, the city will begin to pay the living wage on a phase - in basis over a nine-year period beginning with the 2006-2007 city budget year to be implemented in the 2014-2015 fiscal year. The city manager, in his sole discretion, without further city commission approval, shall have the option to consider whether it is in the city's best interest to complete the phase -in payment of living wage to city employees on a four-year period. Thereafter, the living wage to be paid by the city shall be subject to negotiations within the collective bargaining structure. (b) Health benefits; eligibility period. For a covered employer to comply with this article by choosing to pay the lower wage scale available when a covered employer also provides a standard health benefit plan, such health benefit plan shall consist of a payment of at least $1.81 per hour toward the provision of health benefits for covered employees and their dependents and shall be approved by the city. if the health benefit plan of the covered employer requires an initial period of employment fora new employee to be eligible for health benefits (the "eligibility period"), a covered employer may qualify to pay the $13.19 per hour wage scale for a term not to exceed the new employee's eligibility period, provided the new employee will be paid health benefits upon completion of the eligibility period, which period shall not exceed 90 days. (c) Certification required before payment. Any and all service contracts subject to this article shall be void, and no funds may be released, unless prior to entering any such contract with the city, the service contractor certifies to the city that it will pay each of its covered employees no less than the living wage. A copy of this Page 2 (3) 2/24/2021 6:00 AM 4/8/2021 BidSync f:§ 3 ccAPWA iT i Soficitatiorl t5 8 certificate must be made available to the public upon request. The certificate, at a minimum, must include the following: (1) The name, address, and phone number of the employer, a contact person, and the specific project for which the service contract is sought; (2) The amount of the service contract and the city department the contract will serve. (3) A brief description of the project or service provided; (4) A statement of the wage levels for all covered employees; and (5) A commitment to pay all covered employees the living wage. (d) Observation of other laws. Every covered employee shall be paid without subsequent deduction or rebate on any account (except as such payroll deductions as are directed or permitted by law or by a collective bargaining agreement). The service contractor shall pay covered employees wage rates in accordance with federal and all other applicable laws such as overtime and similar wage laws. (e) Posting. A copy of the living wage rate shall be kept posted by the service contractor subject to this article, at the site of the work in a prominent place where it can easily be seen and read by the covered employees and shall be supplied to such employees within a reasonable time after a request to do so. Additionally, service contractors subject to this article, shall furnish a copy of the requirements of this article to any entity submitting a bid for a subcontract on any service contract subject to this article. Posting requirements will not be required where the service contractor subject to this article, prints the following statements on the front of the covered employee's first paycheck and every six months thereafter. "You are required by the City of Miami Living Wage Ordinance to be paid a living wage. If you do not believe you are being paid at the living wage rate, contact your employer, an attorney, or the City of Miami." All notices will be printed in English, Spanish and Creole. (f) Collective bargaining. Nothing in this article shall be read to require or authorize any service contractor subject to this article, to reduce wages set by a collective bargaining agreement or as required under any prevailing wage law. (Ord. No. 12787, § 2, 4-6-06; Ord. No. 13110, § 2, 10-22-09; Ord. No. 13405, § 2, 9-26-13; Ord. No. 13648, § 2, 11-17-16) Sec. 18-558. - Implementation. (a) Maintenance of payroll records. Each service contractor to which living wage requirements apply, as described in this article, shall maintain payroll record for all covered employees and basic records relating thereto and shall preserve them for a period of three years from the date of termination or expiration of the service contract. The records shall contain: (1) (2) (3) (4) (5) (6) (7) (8) The name and address of each covered employee; The job title and classification; The number of hours worked each day; The gross wages earned and deductions made; Annual wages paid; A copy of the social security returns and evidence of payment thereof; A record of fringe benefit payments including contributions to approved plans; and Any other data or information the city shall require from time to time. (b) Reporting payroll. Every six months, the service contractor to which living wage requirements apply, as described in this article, shall file with the city's procurement director a listing of all covered employees together with a certification of compliance with this article. Upon request from the city, the service contractor shall produce for inspection and copying its payroll records for any or all of its covered employees for any 2/24/2021 6:00 AM 4/8/2021 BidSync Page 3 964 c Pl 44ini Soiicitatioai 115faSs8 period covered by the service contract. The city may examine payroll records as needed to ensure compliance. (Ord. No. 12787, § 2, 4-6-06; Ord. No. 13110, § 2, 10-22-09) Sec. 18-559. - Compliance and enforcement. (a) Service contractor to cooperate, The service contractor shall permit city employees, agents, or representatives to observe work being performed at, in or on the project or matter for which the service contractor has a contract. The city representatives may examine the books and records of the service contractor relating to the employment and payroll of covered employees and may survey covered employees to determine if the service contractor is in compliance with the provisions of this article. (b) Complaint procedures and sanctions. An employee who believes that he/she is a covered employee of a service contractor and that the service contractor is or was not complying with the requirements of this article has a right to file a complaint with the procurement director of the city. Such complaints may be made at any time and shall be investigated within a reasonable period of time by the city. Written and oral statements by any such employee shall be treated as confidential and shall not be disclosed without the written consent of the employee to the extent allowed by the Florida Statutes. Private right of action against service contractor. Any covered employee or former covered employee of a service contractor may, instead of utilizing the city administrative procedure set forth in this article, but not in addition to such procedure, bring an action by filing suit against the service contractor in any court of competent jurisdiction to enforce the provisions of this article and may be awarded back pay, benefits, attorney's fees, and costs. The applicable statute of limitations for such a claim will be two years as provided in F.S. § 95.11(4)(c) as may be amended from time to time for an action for payment of wages. The court may also impose sanctions on the service contractor, including those persons or entities aiding or abetting the service contractor, to include wage restitution to the affected covered employee and damages payable to the covered employee in the sum of up to $500.00 for each week the service contractor is found to have violated this article. (d) Sanctions against service contractors. For violations of this article, the city shall sanction a service contractor by requiring the service contractor to pay wage restitution at its expense for each affected employee, The city may also sanction the service contractor in at least one of the following additional ways: (1) The city may impose damages in the sum of $500.00 for each week for each covered employee found to have not been paid in accordance with this article; (2) The city may suspend or terminate payment under the service contract or terminate the contract with the service contractor; and The city may declare the service contractor ineligible for future service contracts for three years or until all penalties and restitution have been paid in full, whichever is longer. in addition, any employer shall be ineligible for a service contract where principal officers of such employer were principal officers of a service contractor who has been declared ineligible under this article. (4) If the contract has been awarded under the city procurement ordinance, the city may debar or suspend the contractor as provided therein. (e) Public record of sanctions. All such sanctions recommended or imposed shall be a matter of public record. (f) Sanctions for aiding and abetting. The sanctions contained in this article shall also apply to any party or parties aiding and abetting in any violation of this article, Retaliation and discrimination barred. A service contractor shall not discharge, reduce the compensation, or otherwise discriminate against any covered employee for making a complaint to the city, or otherwise asserting his or her rights under this article, participating in any of its proceedings or using any civil remedies to enforce his or her rights under this article. Allegations of retaliation or discrimination, if found true in a city administrative proceeding or by a court of competent jurisdiction, shall result in an order of restitution and reinstatement of a discharged covered employee with back pay to the date of the violation or such other relief as deemed appropriate. (c) (g) (3) 2/24/2021 6:00 AM 4/8/2021 BidSync Page 4 §65 c906FMrilfivi Solicitatio 1154g§§8 ATTACHMENT B Date: CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his/her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officers or employee of Congress, or an employee or a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form, LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that 11 subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor, 411 11/16it /dl} (certifies or affirms the truthfulness and accuracy of each statement of its certification an disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31, U.S.C. § 3801 et seq., apply to this certification and disclos .re,, if any. Signature of ContracO/< rntract• 's Authorized Official Name and Title ,of Contractor/Contr ctor's Authorized Official CN 6- AliOS gf 2/24/2021 6:00 AM 4/8/2021 BidSync §66 c906firviggvi Solicitatiori i5M8 (h) Remedies herein non-exclusive. No remedy set forth in this article is intended to be exclusive or a prerequisite for asserting a claim for relief to enforce the rights under this article or in a court of law. This article shall not be construed to limit an employee's right to bring a common law cause of action for wrongful termination. (Ord. No. 12787, § 2, 4-6-06; Ord. No. 13648, § 2, 11-17-16) Sec. 18-560. - Employers receiving direct tax abatement or subsidy. The city reserves the right to impose the living wage requirements of this article on or after January 1, 2017 on any employer as a condition of that employer receiving a direct tax abatement or subsidy from the city. (Ord. No. 13648, § 2, 11-17-16) Secs. 18-56 1-•--18-599. - Reserved. 2/24/2021 6:00 AM 4/8/2021 BidSync Page 5 oWPFAtioffo Solicitation 11WAS8 ATTACHMENT C INSURANCE ADDENDUM INSURANCE DEFINITIONS, REQUIREMENTS AND CONDITIONS The VENDOR/CONTRACTOR / CONSULTANT (AS APPLICABLE) agrees to provide and maintain throughout the life of this contract and at Vendor/Contractor/ Consultant's expense insurance coverage outlined herewith as applicable insuring all operations related to the contract and any extensions thereof. Workers Compensation and Employers Liability Statutory requirements per Chapter 440, Florida Statutes, as amended, are applicable, and this coverage is subject to the Laws of the State of Florida. This coverage protects against lawsuits stemming from workplace accidents. It provides for medical care to injured employees, along with compensation for lost income. Commercial General Liability It protects against accidents and injuries that occur on company property or the property of a customer. It compensates an injured person or owner of property for injuries and property damages, and the cost of defending lawsuits, including legal settlements or investigations. This policy also covers claims resulting from products exposures, libel, slander, copyright infringement, and other personal and advertisement injuries. Commercial Automobile Liability It protects against liability, no fault, medical payments, uninsured and underinsured motorists claims, collision and other than collision physical damage. In addition, this policy affords coverage on autos that are hired or borrowed or non -owned for use in the business. The non -owned can be autos owned by employees or members of their households. Non -Owned Auto exposures can be endorsed or added under the Commercial General Liability Policy. Professional/Errors and Omissions Liability Used by many professionals such as engineers, lawyers, accountants, stock brokers, financial advisers, insurance agents, court reports, dentists, nurses and teachers. It protects against the financial effects of liability lawsuits filed by clients. It basically protects professionals who cause harm to a client due to incompetence, errors, or negligence. 2/24/2021 6:00 AM 4/8/2021 BidSync §g8 6Poi 1VI1cYR Solicitationl 1$33898 Umbrella Liability it protects against liability and losses after primary insurance benefits have been exhausted. This supplemental coverage kicks in only after the underlined liability policies have paid their maximum benefits. Environmental Liability [t protects against the financial costs of claims of injury or damage due to pollution, and other costs of cleaning up pollutants. These policies are designed to cover both property and liability risks. Directors and Officers Liability This coverage protects against claims from stockholders, employees and clients that are also aimed individually at directors and officers. These claims typically stem from errors in judgement, breaches of duty and wrongful acts in connection with company business. Cyber Liability it protects against costs of the theft, destruction or unauthorized use of electronic data through computer viruses or network intrusions. It also adds protection to a business against such costs if a business fails to safeguard another party's electronic data. Companies sharing data outside their internal network benefit from this coverage Commercial Property It protects against claims or damages to the insured's buildings, business personal property and personal property of others. It can also provide for loss of business income coverage or extra expenses incurred because of physical loss by a covered peril to the insured's property. Commercial Crime It protects against loss of money, securities and other property because of a variety of criminal acts such as employee theft or embezzlement, burglary, robbery, forgery, computer fraud, kidnapping and extortion. Crime insurance also covers money and securities against damage or destruction by almost any cause of loss, not just crime. 2/24/2021 6:00 AM 4/8/2021 BidSync S' 9 9 cW6PWRiiii Solicitatiorl ti 8 Builders Risk It protects against damage to or destruction of buildings or other structures during their construction. Any party with a financial interest in a construction, remodeling, or repair project benefits from this coverage. Surety Bonds Surety bonds are three party contracts. The principal, the party that undertakes the obligation, pays for the issuance of a bond by a surety company. The bond provides capital to guarantee the obligation will be performed. The obligee is the party that receives the benefit of the bond If the obligation is improperly performed. If payment and performance bonds are required such bonds must be substantially in the form prescribed by Florida Statutes 255.05, as amended, and will be subject to the approval of the City of Miami Director of the Department of Risk Management. Valuable Papers It pays for the cost to reconstruct damaged or destroyed valuable papers and records. Typically is defined to include almost all forms of printed documents or records with the exception of money or securities, and data and media which is usually excluded. Additional Requirements The Vendor/Contractor must furnish the City of Miami, Department of Procurement, and Risk Management located at 444 S.W. 2nd Avenue Miami, Florida 33130, original Certificates of insurance to be in force on the date of this Contract, and Renewal Certificates of insurance thereafter. All policies indicated on the certificate must be in compliance with all Contract requirements. The failure of the City to obtain the applicable or corresponding certificates from Contractor is not a waiver by the City of any requirements for the Vendor/Contractor. The Vendor/Contractor must furnish Certificates insurance listing the City of Miami as an additional insured. AN insurance certificates must be signed, dated and reference the City contract number. The insurance must provide for sixty (30) days prior written notice to be given to the City in the event coverage is substantially changed, canceled, or non -renewed. Any deductibles or self -insured retentions on referenced insurance coverages must be borne by Vendor/Contractor. The Vendor/Contractor further agrees to have insurers waive their rights of subrogation against the City of Miami, its employees, elected officials, agents, or representatives. The coverages and limits furnished by Vendor/Contractor in no way limit the Vendor/Contractor's liabilities and responsibilities specified within the Contract or law. Any insurance or self-insurance programs maintained by the City of Miami shall not contribute with insurance provided by the Vendor/Contractor under the Contract. 2/24/2021 6:00 AM 4/8/2021 BidSync cipsPUNT i Solicitatiori 11� The required insurance to be carried is not limited by any limitations expressed in the indemnification language in this Contract or any limitation placed on the indemnity in this Contract given as a matter of law. If the Vendor/Contractor is a joint venture or limited liability company, the insurance policies must name the joint venture or Limited Liability Company and each of its separate constituent entities as named insureds. The Vendor/Contractor must require all subcontractors to provide the insurance required herein. All subcontractors are subject to the same insurance requirements of the Vendor/Contractor unless otherwise specified in this Contract. If the Vendor/Contractor or subcontractor desire additional coverages, the party desiring the additional coverages is responsible for the acquisition and cost. Notwithstanding any provision in the Contract to the contrary, the City of Miami Risk Management Department maintains and reserves the right to modify, delete, alter or change these requirements. Note: The duty to carry and maintain insurance during the life of the contract will survive the cancellation or expiration, as applicable, under the Contract. 2/24/2021 6:00 AM 4/8/2021 BidSync IR: i POLICY NUMBER: APM- 2-19 DATE: March 26_ 2019 ISSUED BY: Emilio T. Gonzalez, Ph.D. City anager/Desigi{ee/ V` SIGNATURE CITY MCC RP-ORAT[o l6-96 f W `. tAMI ADMINISTRATIVE POLICY REVISIONS Solicitation h8 REVISED DATE OF SECTION REVISION Created 3/26/19 SUBJECT: ELIMINATING THE PROCESS OF CURING IRREGULARITIES IN DOCUMENTS SUBMITTED IN RESPONSE TO REQUEST FOR QUALIFICATIONS (RFQ), REQUEST FOR PROPOSALS (RFP), REQUESTS FOR LETTERS OF INTEREST (RFLI), INVITATION FOR BIDS (IFB), INVITATION TO BID (ITB), INVITATION TO QUOTE (ITQ), AND REQUEST FOR SPONSORSHIP (RFS) EFFECTIVE MAY 6, 2019 PURPOSE: To improve the procurement solicitation process in order to provide internal and external customers with a more efficient and effective procurement of goods and services for the City of Miami. This APM establishes guidelines that eliminate the process of curing irregularities in proposals and bids submitted in response to RFQs, RFPs, RFLI's IFBs, ITBs, ITQs and RFS. BACKGROUND: Currently, the Department of Procurement ("Procurement") allows Proposers and Bidders to cure certain deficiencies, deviations, irregularities, omissions, and/or technicalities in proposals and bids submitted to the City in response to RFQs, RFPs, RFLIs, IFBs, ITBs, ITQs and RFS. In collaboration with the Department of Innovation and Technology ("DoIt"), Procurement has identified the process of curing as the cause of significant delays in formal solicitation process. When proposals and bids require a cure, Procurement sends out a "Notice to Cure" to Proposers and Bidders who are then given additional time to correct, complete, and re -submit the required documents. The process of curing is time intensive and delays the procurement of necessary goods and services for the City; it prolongs the due diligence review period and it stalls and delays the evaluation and selection process, resulting in the extension of time between the issuance of an RFP, RFQ, RFLI, IFB, ITB, ITQ, or RFS solicitation and its award date. 2/24/2021 6:00 AM 4/8/2021 BidSync cAfirthAwni SolicitatioA 11r8 Eliminating the process of curing will streamline and improve the overall procurement solicitation process while making it more efficient by removing a source of delay, and more effective by concentrating due diligence reviews only on complete and responsive proposals and bids. Additionally, it is not a common procurement industry practice to allow cures. Other local public agencies such as Miami -Dade County and the Miami -Dade County Public School System do not presently allow cures in such similar instances. GUIDELINES: Procurement will only review and evaluate proposals and bids that have been deemed responsive. Responsive bids and proposals responses are defined by our Procurement Code.' Prospective Proposers and Bidders should understand that non -responsive proposals or bids will not be reviewed and will be eliminated from the evaluation and selection process. The City will not consider the curing of any proposal or bid that fail to meet the minimum qualifications or submission requirements of an RFQ, RFP, RFLI, IFB, ITB, ITQ, or RFS as applicable. Material deficiencies, deviations, irregularities, omissions, and/or technicalities are not waivable. Proposals and bids submitted with deficiencies, irregularities, omissions, and/or technicalities that deviate from the minimum qualifications and/or submission requirements for RFQs, RFPs, RFLIs, IFBs, ITBs, ITQs and RFS shall result in a non -responsive determination. The following list includes, but is not Limited to, proposal and bid deficiencies, deviations, irregularities, omissions, and/or technicalities that shall result in a non -responsive determination for any solicitation issued on or after May 6, 2019: If a proposal or bid is missing forms, or contains unnotarized forms, unsigned forms, incorrect forms, or forms signed by any individual, other than the Proposer or Bidder, Proposer's or Bidder's team members, and/or individuals attesting to the stated project experience, the Proposer or Bidder will not be given time to cure the proposal or bid, and the City shall deem such proposal or bid non -responsive. The City, at its sole discretion, reserves the right to waive minor deviations not listed above. Such minor deficiencies, deviations, irregularities, omissions, or technicalities may be timely cured by the Proposer or Bidder, at the sole discretion of the City. Material (i.e. substantial or notable) deficiencies, deviations, irregularities, omissions, or technical issues cannot be cured by the Proposer or Bidder and are not waivable by the City. For illustrative guidance please see below an excerpt from State of Florida procurement instructions which discuss the difference in plain language between material and minor variances. Responsive bidder, proposer, offeror, or respondent means a business which has submitted a bid, offer, proposal, quotation or response which conforms in all material respects to the solicitation. Sec. 18-73, City Code. (Excerpt from 2012 WL 1155290 (Fla.Div.Admin.Hrgs.) Mandatory Responsiveness Requirements: Terms, conditions or requirements that must be met by the proposer to be responsive to this RFP. The responsiveness requirements are mandatory. Failure to meet the responsiveness requirements will cause rejection of a proposal. Any proposal rejected for failure to meet mandatory responsiveness requirements will not be evaluated. 2/24/2021 6:00 AM 4/8/2021 BidSync p:3 cITyt>tithligiTi Solicitation • 1.15 Material Deviations: The Department has established certain requirements with respect to proposals to be submitted by Proposers. The use of shall, must or will (except to indicate simple futurity) in this RFP indicates a requirement or condition which may not be waived by the Department except where any deviation therefore is not material. A deviation is material if, in the Department's sole discretion, the deficient response is not in substantial accord with this RFPrs requirements, provides an advantage to one Proposer over other Proposers, or has a potentially significant effect on the quantity or quality of items or services proposed, or on the cost to the Department. Material deviations cannot be waived and shall be the basis for rejection of a response. Because this is an RFP, the Department will apply this definition liberally in reviewing responses in regard to service delivery. 1.16 Minor Irregularity: A variation from the RFP terms and conditions which does not affect the price proposed or gives the proposer an advantage or benefit not enjoyed by the other proposers or does not adversely impact the interests of the Department. 2/24/2021 6:00 AM 4/8/2021 BidSync S:4 cRNf i10,ini Solicitation 1'8 Question and Answers for Solicitation #1153388 - Invitation for Bid for the Rental and Sale of Barricades There are no questions associated with this Solicitation. Question Deadline: Mar 8, 202/ 3:00:00 PM EST 2/24/2021 6:00 AM 4/8/2021 BidSync City of Miami 1153388 All American Barricades Item: Flasher Barricades Type III Attachments COI Business Tax Receipt.pdf 4/8/2021 BidSync p. 276 City of Miami 1153388 ACO O® CERTIFICATE OF LIABILITY INSURANCE DATE aMMODD2o ) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Wilson, Washburn & Forster Insurance 16505 NW 13th Ave Miami FL 33169 CONTACT PHON: {Ia cC. No, Ext): 305-666-6636 FAX No): 305 662-7778 E-MAIL ADDRESS: certificafes@wwtins.eclm INSURER{S) AFFORDING COVERAGE NAIL # INSURER A : Travelers Indemnity Co of Am 25666 INSURED ALLAM03 All American Barricades, Corp. 2300 SW 41 st Ave Fort Lauderdale FL 33317 INSURER B : Travelers Prop Gas Comp of Am 25674 INSURER C: INSURER D: INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 743634 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MMIDD/YYYY) POLICY EXP (MM/DO/YYYYL LIMITS A X COMMERCIAL GENERAL UABIUTY Y Y 6600K495683 11/30/2020 11/30/2021 EACH OCCURRENCE $ 1,000,000 1 CLAIMS -MADE [ X OCCUR ED DAMAGE (a occurrence) PREMISES (Ea occurrence) $ 300,000 MED EXP (Any one person) $ n/a PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT' APPLIES PRO- JECT PER: LOC GENERAL AGGREGATE $ 2.000,000 PRODUCTS - COMP/OP AGG $ 2,000000 $ A AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS NON -OWNED AUTOS Y Y BA7N505246 11/30/2020 11/30/2021 COMBINED SINGLE LIMIT (Ea accident) $ 1.000.000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ B X UMBRELLA LIAB EXCESS LIAB X O OCCUR CLAIMS -MADE CUP2L225754 11/30/2020 11/30/2021 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ DED X 1 RETENT ON $ i0 non $ g WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A U69H195367 11/30/2020 11/30/2021 X PER I STATUTE f OTH- ER EL. EACH ACCIDENT $ 1,000,000 EL. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,060,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Additional Insured status on a primary non contributory basis with waiver of Subrogation applies for The City of Miami per the attached endorsements. CERTIFICATE HOLDER CANCELLATION City of Miami 444 SW 2nd Ave Miami FL 33130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE �� •' i/Jf6\�errama ACORD 25 (2014/01) ©1988 2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 4/8/2021 BidSync p. 277 City of Miami 1153388 BROWARD COUNTY LOCAL BUSINESS TAX RECEIPT 115 S. Andrews Ave., Rm. A-100, Ft. Lauderdale, FL 33301-1895 — 954-831-4000 VALID OCTOBER 1, 2020 THROUGH SEPTEMBER 30, 2021 DBA.ALL AMERICAN BACReceipt #: OTHERS RRIADES CORD (BARRICADE RENTAL) Business Name: Business Type: Owner Name: RUBEN SANTOS Business Location: 2300 SW 41 AVE FT LAUDERDALE Business Phone: 305-685-6124 Rooms Seats Employees 2 Business Opened:05/01/1998 State!Cou ntylCert)Reg: Exemption Code: Machines Professionals For Vending Business Only Number of Machines: Vending Type: Tax Amount Transfer Fee NSF Fee Penalty Prior Years Collection Cost Total Paid 33.00 0.00 0.00 0.00 0.00 0.00 33.00 THIS RECEIPT MUST BE POSTED CONSPICUOUSLY IN YOUR PLACE OF BUSINESS THIS BECOMES A TAX RECEIPT This tax is levied for the privilege of doing business within Broward County and is non -regulatory in nature. You must meet all County and/or Municipality planning and zoning requirements. This Business Tax Receipt must be transferred when the business is sold, business name has changed or you have moved the business location. This receipt does not indicate that the business is legal or that it is in compliance with State or local laws and regulations. WHEN VALIDATED Mailing Address: ALL AMERICAN BARRICADES CORP 2300 SW 41 AVE FT LAUDERDALE, FL 33317 2020 - 2021 Receipt #WWW-19-00201584 Paid 08/03/2020 33.00 BROWARD COUNTY LOCAL BUSINESS TAX RECEIPT 115 S. Andrews Ave., Rm. A 100, Ft. Lauderdale, FL 33301-1895 — 954-831-4000 VALID OCTOBER 1, 2020 THROUGH SEPTEMBER 30, 2021 Dm:ALL AMERICAN BARRICADES CORP Business Name: Owner Name: RUBEN SANTOS Business Location: 2300 SW 41 AVE FT LAUDERDALE Business Phone: 305-685-6124 Rooms Seats Employees 2 Receipt#: 329-35801 Business Type: ALL OTHERS (BARRICADE RENTAL) Business Opened:05/01/1998 State/CountylCert!Reg: Exemption Code: Machines Professionals Signature For Vending Business Only Vendinu Type: Tax Amount Transfer Fee NSF Fee Penalty Prior Years I Collection Cost Total Paid 33.00 0.00 0.00 0.00 0.00 0.00 33.00 Receipt #WWW-19-00201584 Paid 08/03/2020 33.00 4/8/2021 BidSync p. 278 City of Miami 1153388 MOT Plans Bid Contact Mark Meyers mark@motplans.com Ph 954-560-0450 Fax 954-759-9186 Address 631 NE 45 Street Oakland Park, FL 33334 Item # Line Item Notes Unit Price Qty/Unit Attch. Docs 1153388--01-01 Flasher Barricades Type I Supplier Product Code: First Offer - $0.49 200 / each $98.00 Y 1153388--01-02 Flasher Barricades Type II Supplier Product Code: First Offer - $0.49 200 / each $98.00 Y 1153388--01-03 Flasher Barricades Type III Supplier Product Code: First Offer - $0.75 300 / each $225.00 1153388--01-04 Warning & Regulatory Signs Supplier First Offer - $0.75 100 / each $75.00 Product Code: 1153388--01-05 Generator Powered Arrow Supplier First Offer - $25.00 25 / each $625.00 Boards Product Code: 1153388--01-06 Traffic Cones Supplier Product Code: First Offer - $0.95 200 / each $190.00 1153388--01-07 Drums Supplier Product Code: First Offer - $0.50 200 / each $100.00 1153388--01-08 French Barricades Supplier Product Code: First Offer - $3.99 1600 / each $6,384.00 1153388--01-09 Message Boards Supplier First Offer - $25.00 20 / each $500.00 Product Code: 1153388--01-10 Traffic Barriers Supplier Product Code: First Offer - $4.00 200 / each $800.00 1153388--01-11 Optional Set-up Service, Supplier First Offer - $30.00 1 / lot $30.00 Flasher Barricades 1-20 Product Code: 1153388--01-12 Optional Set-up Services, Signs Supplier First Offer - $30.00 1 / lot $30.00 1-10 Product Code: 1153388--01-13 Optional Set-up Services, Lane Supplier First Offer - $200.00 1 / lot $200.00 Closure Product Code: 4/8/2021 BidSync p. 20 City of Miami 1153388 Item # Line Item Notes Unit Price Qty/Unit Attch. Docs 1153388--02-01 GROUP 1 - Federally Funded Projects - Sales: Plastic Flasher Barricades Type I Supplier Product Code: Supplier Notes: Vertical Panel. Engineer Grade Reflective Sheeting. No light included. First Offer - $36.11 100 / each $3,611.00 1153388--02-02 GROUP 1 - Federally Funded Projects - Sales: Plastic Flasher Barricades Type II Supplier Product Code: Supplier Notes: Metal Leg with Plastic panel. No light included. Engineer Grade Reflective Sheeting First Offer - $44.99 100 / each $4,499.00 1153388--02-03 GROUP 1 - Federally Funded Projects - Sales: Plastic Flasher Barricades Type III Supplier Product Code: Supplier Notes: Metal Legs and metal feet. Engineer grade sheeting. No light included. First Offer - $139.93 100 / each $13,993.00 1153388--02-04 GROUP 1 - Federally Funded Projects - Sales: Warning and Regulatory Signs (non -electrical) Supplier Product Code: Supplier Notes: Aluminum blanks. Hi Intensity Sheeting. First Offer - $72.00 50 / each $3,600.00 4/8/2021 BidSync p. 21 City of Miami 1153388 1153388--02-05 GROUP 1 - Federally Supplier Product Funded Projects - Sales: Code: Traffic Cones First Offer - $16.98 100 / each $1,698.00 1153388--02-06 GROUP 1 - Federally Supplier Product First Offer - $39.38 100 / each $3,938.00 Funded Projects - Sales: Code: Drums 1153388--02-07 GROUP 1 - Federally Supplier Product First Offer - $112.00 200 / each $22,400.00 Funded Projects - Sales: Code: French Barricades 1153388--02-08 GROUP 1 - Federally Supplier Product First Offer - $276.00 100 / each $27,600.00 Funded Projects - Sales: Code: Traffic Barriers Supplier Notes: Yodock 2001 M B 1153388--02-09 GROUP 1 - Federally Supplier Product First Offer - $4.99 100 / roll $499.00 Funded Projects - Sales: Code: Barrier (Caution) Tape 1153388--02-10 GROUP 1 - Federally Supplier Product First Offer - $33.75 100 / each $3,375.00 Funded Projects - Sales: Code: Stop Handheld Paddle Sign Supplier Notes: Pole is 6' wood 1153388--02-11 GROUP 1 - Federally Supplier Product First Offer - $44.99 100 / each $4,499.00 Funded Projects - Sales: Code: Metal Flasher Barricades Type I Supplier Notes: 4/8/2021 BidSync p. 22 City of Miami 1153388 Hi Intensity Sheeting No light included. 1153388--02-12 GROUP 1 - Federally Funded Projects - Sales: Metal Flasher Barricades Type II Supplier Product Code: Supplier Notes: Hi Intensity Sheeting No light included. First Offer - $44.99 100 / each $4,499.00 1153388--02-13 GROUP 1 - Federally Funded Projects - Sales: Metal Flasher Barricades Type III Supplier Product Code: Supplier Notes: Metal legs and feet. Plastic Panels. No light included. First Offer - $105.80 100 / each $10,580.00 Lot Total $104,791.00 Item # Line Item Notes Unit Price Qty/Unit Attch. Docs 1153388--03-01 GROUP 2 - Non -Federally Funded Supplier First Offer - $0.49 200 / each Projects - Rental : Flasher Product Barricades Type I Code: $98.00 1153388--03-02 GROUP 2 - Non -Federally Funded Supplier First Offer - $0.49 200 / each Projects - Rental : Flasher Product Barricades Type II Code: $98.00 1153388--03-03 GROUP 2 - Non -Federally Funded Supplier First Offer - $0.75 300 / each $225.00 Projects - Rental : Flasher Product 4/8/2021 BidSync p. 23 City of Miami 1153388 Barricades Type III Code: 1153388--03-04 GROUP 2 - Non -Federally Funded Supplier First Offer - $0.75 100 / each $75.00 Projects - Rental : Warning & Product Regulatory Signs Code: 1153388--03-05 GROUP 2 - Non -Federally Funded Supplier First Offer - $25.00 25 / each $625.00 Projects - Rental : Generator Product Powered Arrow Boards Code: 1153388--03-06 GROUP 2 - Non -Federally Funded Supplier First Offer - $0.95 200 / each $190.00 Projects - Rental : Traffic Cones Product Code: 1153388--03-07 GROUP 2 - Non -Federally Funded Supplier First Offer - $0.50 200 / each $100.00 Projects - Rental : Drums Product Code: 1153388--03-08 GROUP 2 - Non -Federally Funded Supplier First Offer - $3.99 1600 / each $6,384.00 Projects - Rental : French Product Barricades Code: 1153388--03-09 GROUP 2 - Non -Federally Funded Supplier First Offer - $25.00 20 / each $500.00 Projects - Rental : Message Boards Product Code: 1153388--03-10 GROUP 2 - Non -Federally Funded Supplier First Offer - $4.00 200 / each $800.00 Projects - Rental : Traffic Barriers Product Code: 1153388--03-11 GROUP 2 - Non -Federally Funded Supplier First Offer - $30.00 1 / lot $30.00 Projects - Rental : Optional Set-up Product Service, Flasher Barricades 1-20 Code: 1153388--03-12 GROUP 2 - Non -Federally Funded Supplier First Offer - $30.00 1 / lot $30.00 Projects - Rental : Optional Set-up Product Services, Signs 1-10 Code: 1153388--03-13 GROUP 2 - Non -Federally Funded Supplier First Offer - $200.00 1 / lot $200.00 Projects - Rental : Optional Set-up Product Services, Lane Closure Code: Lot Total $9,355.00 Item # Line Item Notes Unit Price Qty/Unit Attch. Docs 1153388--04-01 GROUP 2 - Non- Supplier Product Federally Funded Code: Projects - Sales : Plastic Flasher Barricades Type Supplier Notes: Vertical Panel. Engineer First Offer - $36.11 100 / each $3,611.00 4/8/2021 BidSync p. 24 City of Miami 1153388 Grade Reflective Sheeting. No light included. 1153388--04-02 GROUP 2 - Non - Federally Funded Projects - Sales : Plastic Flasher Barricades Type I I Supplier Product Code: Supplier Notes: Metal leg with plastic panel. No light included. Engineer Grade Reflective Sheeting. First Offer - $44.99 100 / each $4,499.00 1153388--04-03 GROUP 2 - Non - Federally Funded Projects - Sales : Plastic Flasher Barricades Type III Supplier Product Code: Supplier Notes: Metal legs and metal feet. Engineer grade sheeting. No light included. First Offer - $139.93 100 / each $13,993.00 1153388--04-04 GROUP 2 - Non - Federally Funded Projects - Sales : Warning and Regulatory Signs (non- electrical) Supplier Product Code: Supplier Notes: Aluminum blanks. Hi Intensity Sheeting. First Offer - $72.00 50 / each $3,600.00 1153388--04-05 GROUP 2 - Non - Federally Funded Supplier Product Code: First Offer - $16.98 100 / each $1,698.00 4/8/2021 BidSync p. 25 City of Miami 1153388 Projects - Sales : Traffic Cones 1153388--04-06 GROUP 2 - Non- Supplier Product Federally Funded Code: Projects - Sales : Drums First Offer - $39.38 100 / each $3,938.00 1153388--04-07 GROUP 2 - Non- Supplier Product Federally Funded Code: Projects - Sales : French Barricades First Offer - $112.00 200 / each $22,400.00 1153388--04-08 GROUP 2 - Non - Federally Funded Projects - Sales : Traffic Barriers Supplier Product Code: Supplier Notes: Yodock MB First Offer - $276.00 100 / each $27,600.00 1153388--04-09 GROUP 2 - Non- Supplier Product Federally Funded Code: Projects - Sales : Barrier (Caution) Tape First Offer - $4.99 100 / roll $499.00 1153388--04-10 GROUP 2 - Non - Federally Funded Projects - Sales : Stop Handheld Paddle Sign Supplier Product Code: Supplier Notes: Pole is 6' wood First Offer - $33.75 100 / each $3,375.00 1153388--04-11 GROUP 2 - Non - Federally Funded Projects - Sales : Metal Flasher Barricades Type Supplier Product Code: Supplier Notes: Hi Intensity Sheeting No light included. First Offer - $44.99 100 / each $4,499.00 1153388--04-12 GROUP 2 - Non - Federally Funded Projects - Sales : Metal Flasher Barricades Type I I Supplier Product Code: Supplier Notes: Hi Intensity Sheeting First Offer - $44.99 100 / each $4,499.00 4/8/2021 BidSync p. 26 City of Miami 1153388 No light included. 1153388--04-13 GROUP 2 - Non - Federally Funded Projects - Sales : Metal Flasher Barricades Type Supplier Product Code: Supplier Notes: Metal legs and feet. Plastic Panels. No light included. First Offer - $105.80 100 / each $10,580.00 Lot Total $104,791.00 Supplier Total $228,292.00 4/8/2021 BidSync p. 27 City of Miami 1153388 MOT Plans Item: Flasher Barricades Type I Attachments I FB_1153388. pdf 4/8/2021 BidSync p. 28 City of Miami 1153388 Certification Statement Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and retain a copy for your files. Prices should include all costs, including transportation to destination. The City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a minimum of 180 days following the time set for closing of the submissions. In the event of errors in extension of totals, the unit prices shall govern in determining the quoted prices. We (I) certify that we have read your solicitation, completed the necessary documents, and propose to furnish and deliver, F.O.B. DESTINATION, the items or services specified herein. The undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations, or debarred or suspended as set in section 18-107 or Ordinance No. 12271. All exceptions to this submission have been documented in the section below (refer to paragraph and section). EXCEPTIONS: We (I) certify that any and all information contained in this submission is true; and we (I) further certify that this submission is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and conditions of this solicitation and certify that I am authorized to sign this submission for the submitter. Please print the following and sign your name: PROPOSER NAME: MOTPIans.com ADDRESS: 631 NE 45 Street, Oakland Park, FI 33334 PHONE: 954-560-0450 FAX: 954-759-9186 EMAIL: mark@motplans.com CELL (Optional): 954-914-6770 SIGNED BY: Mark Meyers TITLE: VP DATE: 3/19/21 FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISQUALIFY THIS RESPONSE. 4/8/2021 BidSync p. 30 City of Miami 1153388 Certifications Legal Name of Firm: MOTPIans.com Federal Employer Identification Number (FEIN): 760742303 Year Established: 2003 Office Location: City of Miami, Miami -Dade County, or Other Broward County Business Tax Receipt/Occupational License Number: 329-36167 Business Tax Receipt/Occupational License Issuing Agency: Broward County Business Tax Receipt/Occupational License Expiration Date: September 30, 2021 Will Subcontractor(s) be used? (Yes or No) No If subcontractor(s) will be utilized, provide their name, address and the portion of the work they will be responsible for under this contract (a copy of their license(s) must be submitted with your bid response): NA Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (i.e. Addendum No. 1, 1/1/2020). If no addendum/addenda was/were issued, please insert N/A. Addendum No. 1, 3/11/2021 Addendum No. 2, 3/19/2021 If Bidder has a Local Office, as defined under Chapter 18/Article III, Section 18-73 of the City Code, has Bidder filled out, notarized, and included with its bid response the "City of Miami Local Office Certification" form? YES OR NO? No 4/8/2021 BidSync p. 31 City of Miami 1153388 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: City of Fort Lauderdale Reference No. 1: Address, City, State, and Zip for above reference company/agency listed: 290 NE 3 Ave, Fort Lauderdale, FI 33301 Reference No. 1: Name of Contact Person, Telephone Number and Email for above reference no. 1 Kristin Thompson, 954-828-3721, krthompson@fortlauderdale.gov Reference No. 1: Date of Contract or Sale for above reference no. 1 June 18, 2019 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: City of Fort Lauderdale Police Department Reference No. 2: Address, City, State, and Zip for above reference company/agency listed: 1300 W. Broward Blvd, Fort Lauderdale, FI 33312 Reference No. 2: Name of Contact Person, Telephone Number and Email for above reference no. 2 Monica Ferrer, 954-448-9574, monicaf@fortlauderdale.gov Reference No. 2: Date of Contract or Sale for above reference no. 2 June 18, 2019 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: Broward County Reference No. 3: Address, City, State, and Zip for above reference company/agency listed: 1600 NW 30th Ave, Pompano Beach, FI 33069 Reference No. 3: Name of Contact Person, Telephone Number and Email for above reference no. 3 Leon Jackson, 954-553-4401, lejackson@broward.org Reference No. 3: Date of Contract or Sale for above reference no. 3 June 18, 2019 4/8/2021 BidSync p. 32 City of Miami 1153388 IMPORTANT NOTICE TO BIDDERS: • FAILURE TO COMPLETE AND SIGN THE CERTIFICATION STATEMENT AND CERTIFICATIONS SECTION, SPECIFICALLY THE CERTIFICATION REGARDING LOBBYING WILL RENDER YOUR BID NON -RESPONSIVE. • PLEASE SUBMIT A COPY OF THE MOST RECENT LOCAL BUSINESS TAX RECEIPT ISSUED BY CITY OF MIAMI, MIAMI-DADE COUNTY, OR BROWARD COUNTY. • CONTACT BIDSYNC VENDOR SUPPORT TOLL -FREE NUMBER 800-990-9339, OR EMAIL SUPPORT@BIDSYNC.COM, FOR BIDSYNC TECHNICAL DIFFICULTIES AND PROBLEMS. 4/8/2021 BidSync p. 33 City of Miami 1153388 MOT Plans Item: Flasher Barricades Type II Attachments Attach ment_B_-_CERTI FICATION_REGARDI NG_LOBBYI NG. pdf 4/8/2021 BidSync p. 72 City of Miami 1153388 ATTACHMENT B CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his/her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officers or employee of Congress, or an employee or a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form, LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that II subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor, MOTPIans.com , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31, U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Signature of Contractor/Contractor's Authorized Official Name and Title of Contractor/Contractor's Authorized Official Mark Meyers Vice President Date: 3/23/21 4/8/2021 BidSync p. 73 City of Miami 1153388 RoadSafe Traffic Systems Bid Contact Teri Foskolos tfoskolos@roadsafetraffic.com Ph 305-633-3883 Address 3570 NW 62 Street Miami, FL 33147 Item # Line Item Notes Unit Price Qty/Unit Attch. Docs 1153388--01-01 Flasher Barricades Type I Supplier Product Code: First Offer - $2.00 200 / each $400.00 Y 1153388--01-02 Flasher Barricades Type II Supplier Product Code: First Offer - $2.50 200 / each $500.00 Y 1153388--01-03 Flasher Barricades Type III Supplier Product Code: First Offer - $4.00 300 / each $1,200.00 Y 1153388--01-04 Warning & Regulatory Signs Supplier First Offer - $5.00 100 / each $500.00 Y Product Code: 1153388--01-05 Generator Powered Arrow Supplier Boards Product Code: First Offer - $45.00 25 / each $1,125.00 Y 1153388--01-06 Traffic Cones Supplier Product Code: First Offer - $2.00 200 / each $400.00 Y 1153388--01-07 Drums Supplier Product Code: First Offer - $2.00 200 / each $400.00 Y 1153388--01-08 French Barricades Supplier Product Code: First Offer - $5.00 1600 / each $8,000.00 Y 1153388--01-09 Message Boards Supplier Product Code: First Offer - $75.00 20 / each $1,500.00 Y 1153388--01-10 Traffic Barriers Supplier Product Code: First Offer - $25.00 200 / each $5,000.00 Y 1153388--01-11 Optional Set-up Service, Supplier First Offer - $100.00 1 / lot $100.00 Y Flasher Barricades 1-20 Product Code: 1153388--01-12 Optional Set-up Services, Signs Supplier 1-10 Product Code: First Offer - $85.00 1 / lot $85.00 Y 1153388--01-13 Optional Set-up Services, Lane Supplier Closure Product Code: First Offer - $350.00 1 / lot $350.00 Y 4/8/2021 BidSync p. 140 City of Miami 1153388 Item # Line Item Notes Unit Price Qty/Unit Attch. Docs 1153388--02-01 GROUP 1 - Federally Funded Supplier First Offer - $69.50 100 / each $6,950.00 Y Projects - Sales: Plastic Flasher Product Barricades Type I Code: 1153388--02-02 GROUP 1 - Federally Funded Supplier First Offer - $69.50 100 / each $6,950.00 Y Projects - Sales: Plastic Flasher Product Barricades Type II Code: 1153388--02-03 GROUP 1 - Federally Funded Supplier First Offer - $140.00 100 / each $14,000.00 Y Projects - Sales: Plastic Flasher Product Barricades Type III Code: 1153388--02-04 GROUP 1 - Federally Funded Supplier First Offer - $150.00 50 / each $7,500.00 Y Projects - Sales: Warning and Product Regulatory Signs (non -electrical) Code: 1153388--02-05 GROUP 1 - Federally Funded Supplier First Offer - $17.50 100 / each $1,750.00 Y Projects - Sales: Traffic Cones Product Code: 1153388--02-06 GROUP 1 - Federally Funded Supplier First Offer - $38.00 100 / each $3,800.00 Y Projects - Sales: Drums Product Code: 1153388--02-07 GROUP 1 - Federally Funded Supplier First Offer - $125.00 200 / each $25,000.00 Y Projects - Sales: French Barricades Product Code: 1153388--02-08 GROUP 1 - Federally Funded Supplier First Offer - $1,479.00 100 / each $147,900.00 Y Projects - Sales: Traffic Barriers Product Code: 1153388--02-09 GROUP 1 - Federally Funded Supplier First Offer - $17.50 100 / roll $1,750.00 Y Projects - Sales: Barrier (Caution) Product Tape Code: 1153388--02-10 GROUP 1 - Federally Funded Supplier First Offer - $85.00 100 / each $8,500.00 Y Projects - Sales: Stop Handheld Product Paddle Sign Code: 1153388--02-11 GROUP 1 - Federally Funded Supplier First Offer - $69.50 100 / each $6,950.00 Y Projects - Sales: Metal Flasher Product Barricades Type I Code: 1153388--02-12 GROUP 1 - Federally Funded Supplier First Offer - $69.50 100 / each $6,950.00 Y Projects - Sales: Metal Flasher Product Barricades Type II Code: 4/8/2021 BidSync p. 141 City of Miami 1153388 1153388--02-13 GROUP 1 - Federally Funded Supplier First Offer - $140.00 100 / each $14,000.00 Y Projects - Sales: Metal Flasher Product Barricades Type III Code: Lot Total $252,000.00 Item # Line Item Notes Unit Price Qty/Unit Attch. Docs 1153388--03-01 GROUP 2 - Non -Federally Funded Supplier First Offer - $0.25 200 / each $50.00 Y Projects - Rental : Flasher Product Barricades Type I Code: 1153388--03-02 GROUP 2 - Non -Federally Funded Supplier First Offer - $0.75 200 / each $150.00 Projects - Rental : Flasher Product Barricades Type II Code: 1153388--03-03 GROUP 2 - Non -Federally Funded Supplier First Offer - $2.00 300 / each $600.00 Projects - Rental : Flasher Product Barricades Type III Code: 1153388--03-04 GROUP 2 - Non -Federally Funded Supplier First Offer - $1.00 100 / each $100.00 Projects - Rental : Warning & Product Regulatory Signs Code: 1153388--03-05 GROUP 2 - Non -Federally Funded Supplier First Offer - $18.00 25 / each $450.00 Projects - Rental : Generator Product Powered Arrow Boards Code: 1153388--03-06 GROUP 2 - Non -Federally Funded Supplier First Offer - $1.00 200 / each $200.00 Projects - Rental : Traffic Cones Product Code: 1153388--03-07 GROUP 2 - Non -Federally Funded Supplier First Offer - $1.00 200 / each $200.00 Projects - Rental : Drums Product Code: 1153388--03-08 GROUP 2 - Non -Federally Funded Supplier First Offer - $4.00 1600 / each $6,400.00 Projects - Rental : French Product Barricades Code: 1153388--03-09 GROUP 2 - Non -Federally Funded Supplier First Offer - $45.00 20 / each $900.00 Projects - Rental : Message Boards Product Code: 1153388--03-10 GROUP 2 - Non -Federally Funded Supplier First Offer - $25.00 200 / each $5,000.00 Projects - Rental : Traffic Barriers Product Code: 1153388--03-11 GROUP 2 - Non -Federally Funded Supplier First Offer - $100.00 1 / lot $100.00 Projects - Rental : Optional Set-up Product 4/8/2021 BidSync p. 142 City of Miami Service, Flasher Barricades 1-20 Code: 1153388 1153388--03-12 GROUP 2 - Non -Federally Funded Supplier First Offer - $85.00 1 / lot $85.00 Projects - Rental : Optional Set-up Product Services, Signs 1-10 Code: 1153388--03-13 GROUP 2 - Non -Federally Funded Supplier First Offer - $285.00 1 / lot $285.00 Projects - Rental : Optional Set-up Product Services, Lane Closure Code: Lot Total $14,520.00 Item # Line Item Notes Unit Price Qty/Unit Attch. Docs 1153388--04-01 GROUP 2 - Non -Federally Funded Supplier First Offer - $69.50 100 / each $6,950.00 Y Projects - Sales : Plastic Flasher Product Barricades Type I Code: 1153388--04-02 GROUP 2 - Non -Federally Funded Supplier First Offer - $69.50 100 / each $6,950.00 Projects - Sales : Plastic Flasher Product Barricades Type II Code: 1153388--04-03 GROUP 2 - Non -Federally Funded Supplier First Offer - $140.00 100 / each $14,000.00 Projects - Sales : Plastic Flasher Product Barricades Type III Code: 1153388--04-04 GROUP 2 - Non -Federally Funded Supplier First Offer - $150.00 50 / each $7,500.00 Projects - Sales : Warning and Product Regulatory Signs (non -electrical) Code: 1153388--04-05 GROUP 2 - Non -Federally Funded Supplier First Offer - $17.50 100 / each $1,750.00 Projects - Sales : Traffic Cones Product Code: 1153388--04-06 GROUP 2 - Non -Federally Funded Supplier First Offer - $38.00 100 / each $3,800.00 Projects - Sales : Drums Product Code: 1153388--04-07 GROUP 2 - Non -Federally Funded Supplier First Offer - $125.00 200 / each $25,000.00 Projects - Sales : French Barricades Product Code: 1153388--04-08 GROUP 2 - Non -Federally Funded Supplier First Offer - $1,479.00 100 / each $147,900.00 Projects - Sales : Traffic Barriers Product Code: 1153388--04-09 GROUP 2 - Non -Federally Funded Supplier First Offer - $17.50 100 / roll $1,750.00 Projects - Sales : Barrier (Caution) Product Tape Code: 1153388--04-10 GROUP 2 - Non -Federally Funded Supplier First Offer - $85.00 100 / each $8,500.00 4/8/2021 BidSync p. 143 City of Miami 1153388 Projects - Sales : Stop Handheld Product Paddle Sign Code: 1153388--04-11 GROUP 2 - Non -Federally Funded Supplier First Offer - $69.50 100 / each $6,950.00 Projects - Sales : Metal Flasher Product Barricades Type I Code: 1153388--04-12 GROUP 2 - Non -Federally Funded Supplier First Offer - $69.50 100 / each $6,950.00 Projects - Sales : Metal Flasher Product Barricades Type II Code: 1153388--04-13 GROUP 2 - Non -Federally Funded Supplier First Offer - $140.00 100 / each $14,000.00 Projects - Sales : Metal Flasher Product Barricades Type III Code: Lot Total $252,000.00 Supplier Total $538,080.00 4/8/2021 BidSync p. 144 City of Miami 1153388 RoadSafeT tent Item: Flasher Barricades Type I Attachments ROADSAFE Local Bus Tax Receipt 1153388.pdf ROADSAFE Lobbying cert apr51153388.pdf ROADSAFE Certification Statement apr51153388.pdf 4/8/2021 BidSync p. 145 City of Miami City of Miami 1153388 Solicitation 1153388 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 (1) certify that any and all information contained in this submission is true; and we (I) further certify that this submission is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and conditions of this solicitation and certify that I am authorized to sign this submission for the submitter. Please print the following and sign your name: PROPOSER NAME: ' o SWFE 4 r`A F F tc- S T EMS) ADDRESS: 3S-10 NW rp2 ��, v\AINN4, FL, tin PHONE: 30 S — } — 353q FAX: 5 ~ i 3 50 EMAIL: T&RLI(0),Rof bS/ FE'1 kFRCELL (Optional): CtrYvt SIGNED BY: TITLE: bp,A14GA OAPc NPr& DATE: 3 3 I ia-a3-i FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISQUALIFY THIS RESPONSE. 2/24/2021 6:00 AM p. 19 4/8/2021 BidSync p. 149 City of Miami 1153388 Local Business Tax Receipt Miami —Dade County, State of Florida -THIS IS NOT A BILL -CO NOT PAY 8127006 BUSINESS NAMEILOCATIDN ROAD SAFE TRAFFIC SYSTEM 3570 NW 62ND ST MIAMI, FL 33147 DINNER ROAD SAFE TRAFFIC SYSTEM C/O DAVID MEIRICK Employee(s) 40 RECEIPT NO. RENEWAL 6389852 EXPIRES SEPTEMBER 30, 2021 Must be displayed at place of business Pursuant to County Coda Chapter 8A - Art. 9 & 10 SEC. TYPE OF BUSINESS 213 SERVICE BUSINESS PAYMENT RECEIVED BY TAX COLLECTOR 330,00 10/28/2020 INT-21-001166 This Local Business Tan Receipt only confirms payment of the Local Business Tax, Tim Receipt Is not a license, permit, or a certification of the holder's qualificatlans,to do business, Holdarmust comply with any governmental or nongovernmental regulatory laws and requirements which apply to the business, The RECEIPT NO. above must be displayed on all commercial vehicles- Miami -Dada Code Sec ea-278. Mr® E / For more information, visit wwW.mlamidade.govlraxceilector 4/8/2021 BidSync p. 146 City of Miami 1153388 ATTACHMENT B CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his/her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officers or employee of Congress, or an employee or a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form, ILL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that II subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor, RpADS4 ~ jG , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31, U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Signatur; of a �t . • rContractor's Authorized Official 7\„. Name and Title of Contractor/Contractor's Authorized Official -rF & RubE LR MANIA& k. Date: 3 f , 00-1 4/8/2021 BidSync p. 147 City of Miami City of Miami 1153388 Solicitation 1153388 Certifications Legal Name of Firm: kaAb5Pr —ThAF hC (1,51-EA I5 Federal Employer Identification Number (FEIN): a�- SOS Year Established: ACC Office Location: City of Miami, Miami -Dade County, or Other \ \ PcVV b b Ca( NT Business Tax Receipt/Occupational License Number: S 5c) Business Tax Receipt/Occupational License Issuing Agency: PA C)ttT'- Business Tax Receipt/Occupational License Expiration Date: qi3o/aoat Will Subcontractor(s) be used? (Yes o O If subcontractor(s) will be utilized, provide their name, address and the portion of the work they will be responsible for under this contract (a copy of their license(s) must be submitted with your bid response): Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (i.e. Addendum No. 1, 1/1/2020). If no addendum/addenda was/were issued, please insert N/A. flE)�Ci\lb-0V1 NI . a, I 3 i1 ,20at /bbe1 bV1'Vt, Flo.D4 j If Bidder has a Local Office, as defined under Chapter 18/Article III, Section 18-73 of the City Code, has Bidder filled out, notarized, and included with its bid response the "City of Miami Local Office Certification" form? YES OR NO? Flo 2/24/2021 6:00 AM p. 20 4/8/2021 BidSync p. 150 City of Miami 1153388 City of Miami Solicitation 1153388 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: Ci- or f+toN M AN°RS Reference No. 1: Address, City, State, and Zip for above reference company/agency listed: Ok0a0 W i -TON, R . k) `N LTO t V\/\ P- N o i?S 1 F _ , 33305 Reference No. 1: Name of Contact Person, Telephone Number and Email for above reference no. 1 RAVE fRC}-tACV t q54--3/0go archatkl@uvii`mo,,menors• N Reference No. 1: Date of Contract or Sale for above reference no. 1 \IPt-Rll uj PRESEnt-r- 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: Pc o-t- J \t kk Cf-yvE u N 1 CA`T (VS i-T b Reference No. 2: Address, City, State, and Zip for above reference company/agency listed: 3 BAN_etPLf7} a-/s(t-re 7&O)BALA apteLlb , t ovq_ Reference No. 2: Name of Contact Person, Telephone Number and Email for above reference no. 2 Luis Go7-Cue Ste- t t3s Reference No. 2: Date of Contract or Sale for above reference no. 2 V ft-R ioUS P Ro C.`t} 5 0 �0. i -- Es -e T 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: f t dot.-o t �l REC i ovi,A `i Ns Po k`� AuT W) `tT Reference No. 3: Address, City, State, and Zip for above reference company/agency listed: SO i i1 Ulf 33 9-r, I %IAA P f O _6EAC*, FL-. 35% Reference No. 3: Name of Contact Person, Telephone Number and Email for above reference no. 3 LAutREN 54-1 553r a4-37 0E to 4tit FRTf eFL. Gov Reference No. 3: Date of Contract or Sale for above reference no. 3 5eP T• o O t9 PP- sENT 2/24/2021 6:00 AM p. 21 4/8/2021 BidSync p. 151 City of Miami 1153388 Local Business Tax Receipt Miami -Dade County, State of Florida -THIS 1S NOT A RILL - ❑O NOT PAY 6127005 BUSINESS NAME/LOCATION ROAD SAFE TRAFFIC SYSTEM 3570 NW 62ND ST MIAMI, FL 33147 Q r n OWNER ROAD SAFE TRAFFIC SYSTEM CIO DAVID MEIRICK Employee(s) 40 HIAMIDAUa RECEIPT NO. RENEWAL 8389852 EXPIRES SEPTEMBER 30, 2021 Must be displayed at place of business Pursuant to County Code Chapter 8A - Art. 9 & 10 SOO. TYPE OF BUSINESS 213 SERVICE BUSINESS PAYMENT RECEIVED BY TAX COLLECTOR 330.00 10/28/2020 INT-21-001188 This Local Business Tax Receipt only confirms payment el the Local Business Tax, The Receipt is not a license, permit, or a certification of the holder's qualifications, to do business, Holder must comply with any governmental or nongovernmental regulatory laws and requirements which apply to tiro business. The RECEIPT NO. above must be displayed on all commercialvehicles- Miami-Dado Cade Sec Sa-276. For more Information, visit yonanriemldado.govJIexccileCtor 4/8/2021 BidSync p. 152 City of Miami 1153388 RoadSafeT tent Item: Flasher Barricades Type II Attachments ROADSAFE Lobbying cert apr51153388.pdf 4/8/2021 BidSync p. 153 City of Miami 1153388 ATTACHMENT B CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his/her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officers or employee of Congress, or an employee or a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form, ILL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that II subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor, RpADS4 ~ jG , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31, U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Signatur; of a �t . • rContractor's Authorized Official 7\„. Name and Title of Contractor/Contractor's Authorized Official -rF & RubE LR MANIA& k. Date: 3 f , 00-1 4/8/2021 BidSync p. 154 City of Miami 1153388 RoadSafeT tent Item: Flasher Barricades Type III Attachments ROADSAFE Lobbying cert apr51153388.pdf 4/8/2021 BidSync p. 155 City of Miami 1153388 safety systems barricades inc Bid Contact CARLOS GARCIA mot@ssbarricades.com Ph 305-591-2688 Address 6551 NW 74TH AVE MIAMI, FL33166 Item # Line Item Notes Unit Price Qty/Unit Attch. Docs 1153388--01-01 Flasher Barricades Type I Supplier Product Code: First Offer - $0.35 200 / each $70.00 Y 1153388--01-02 Flasher Barricades Type II Supplier Product Code: First Offer - $0.35 200 / each $70.00 1153388--01-03 Flasher Barricades Type III Supplier Product Code: First Offer - $0.55 300 / each $165.00 1153388--01-04 Warning & Regulatory Signs Supplier Product Code: First Offer - $0.80 100 / each $80.00 1153388--01-05 Generator Powered Arrow Supplier First Offer - $25.00 25 / each $625.00 Boards Product Code: 1153388--01-06 Traffic Cones Supplier Product Code: First Offer - $0.40 200 / each $80.00 1153388--01-07 Drums Supplier Product Code: First Offer - $0.45 200 / each $90.00 1153388--01-08 French Barricades Supplier Product Code: First Offer - $7.00 1600 / each $11,200.00 1153388--01-09 Message Boards Supplier First Offer - $45.00 20 / each $900.00 Product Code: 1153388--01-10 Traffic Barriers Supplier Product Code: First Offer - $2.50 200 / each $500.00 1153388--01-11 Optional Set-up Service, Supplier First Offer - $200.00 1 / lot $200.00 Flasher Barricades 1-20 Product Code: 1153388--01-12 Optional Set-up Services, Signs Supplier First Offer - $175.00 1 / lot $175.00 1-10 Product Code: 1153388--01-13 Optional Set-up Services, Lane Supplier First Offer - $375.00 1 / lot $375.00 Closure Product Code: 4/8/2021 BidSync p. 74 City of Miami 1153388 Item # Line Item Notes Unit Price Qty/Unit Attch. Docs 1153388--02-01 GROUP 1 - Federally Funded Supplier First Offer - $72.50 100 / each $7,250.00 Projects - Sales: Plastic Flasher Product Barricades Type I Code: 1153388--02-02 GROUP 1 - Federally Funded Supplier First Offer - $72.50 100 / each $7,250.00 Projects - Sales: Plastic Flasher Product Barricades Type II Code: 1153388--02-03 GROUP 1 - Federally Funded Supplier First Offer - $145.00 100 / each $14,500.00 Projects - Sales: Plastic Flasher Product Barricades Type III Code: 1153388--02-04 GROUP 1 - Federally Funded Supplier First Offer - $172.00 50 / each $8,600.00 Projects - Sales: Warning and Product Regulatory Signs (non -electrical) Code: 1153388--02-05 GROUP 1 - Federally Funded Supplier First Offer - $19.50 100 / each $1,950.00 Projects - Sales: Traffic Cones Product Code: 1153388--02-06 GROUP 1 - Federally Funded Supplier First Offer - $62.50 100 / each $6,250.00 Projects - Sales: Drums Product Code: 1153388--02-07 GROUP 1 - Federally Funded Supplier First Offer - $168.25 200 / each $33,650.00 Projects - Sales: French Barricades Product Code: 1153388--02-08 GROUP 1 - Federally Funded Supplier First Offer - $321.00 100 / each $32,100.00 Projects - Sales: Traffic Barriers Product Code: 1153388--02-09 GROUP 1 - Federally Funded Supplier First Offer - $14.25 100 / roll $1,425.00 Projects - Sales: Barrier (Caution) Product Tape Code: 1153388--02-10 GROUP 1 - Federally Funded Supplier First Offer - $72.50 100 / each $7,250.00 Projects - Sales: Stop Handheld Product Paddle Sign Code: 1153388--02-11 GROUP 1 - Federally Funded Supplier First Offer - $75.50 100 / each $7,550.00 Projects - Sales: Metal Flasher Product Barricades Type I Code: 1153388--02-12 GROUP 1 - Federally Funded Supplier First Offer - $77.50 100 / each $7,750.00 Projects - Sales: Metal Flasher Product Barricades Type II Code: 4/8/2021 BidSync p. 75 City of Miami 1153388 1153388--02-13 GROUP 1 - Federally Funded Supplier First Offer - $165.50 100 / each $16,550.00 Projects - Sales: Metal Flasher Product Barricades Type III Code: Lot Total $152,075.00 Item # Line Item Notes Unit Price Qty/Unit Attch. Docs 1153388--03-01 GROUP 2 - Non -Federally Funded Supplier First Offer - $0.45 200 / each $90.00 Projects - Rental : Flasher Product Barricades Type I Code: 1153388--03-02 GROUP 2 - Non -Federally Funded Supplier First Offer - $0.35 200 / each $70.00 Projects - Rental : Flasher Product Barricades Type II Code: 1153388--03-03 GROUP 2 - Non -Federally Funded Supplier First Offer - $0.55 300 / each $165.00 Projects - Rental : Flasher Product Barricades Type III Code: 1153388--03-04 GROUP 2 - Non -Federally Funded Supplier First Offer - $0.80 100 / each S80.00 Projects - Rental : Warning & Product Regulatory Signs Code: 1153388--03-05 GROUP 2 - Non -Federally Funded Supplier First Offer - $25.00 25 / each $625.00 Projects - Rental : Generator Product Powered Arrow Boards Code: 1153388--03-06 GROUP 2 - Non -Federally Funded Supplier First Offer - $0.40 200 / each S80.00 Projects - Rental : Traffic Cones Product Code: 1153388--03-07 GROUP 2 - Non -Federally Funded Supplier First Offer - $0.45 200 / each $90.00 Projects - Rental : Drums Product Code: 1153388--03-08 GROUP 2 - Non -Federally Funded Supplier First Offer - $7.00 1600 / each $11,200.00 Projects - Rental : French Product Barricades Code: 1153388--03-09 GROUP 2 - Non -Federally Funded Supplier First Offer - $45.00 20 / each $900.00 Projects - Rental : Message Boards Product Code: 1153388--03-10 GROUP 2 - Non -Federally Funded Supplier First Offer - $2.50 200 / each $500.00 Projects - Rental : Traffic Barriers Product Code: 1153388--03-11 GROUP 2 - Non -Federally Funded Supplier First Offer - $200.00 1 / lot $200.00 Projects - Rental : Optional Set-up Product 4/8/2021 BidSync p. 76 City of Miami Service, Flasher Barricades 1-20 Code: 1153388 1153388--03-12 GROUP 2 - Non -Federally Funded Supplier First Offer - $175.00 1 / lot $175.00 Projects - Rental : Optional Set-up Product Services, Signs 1-10 Code: 1153388--03-13 GROUP 2 - Non -Federally Funded Supplier First Offer - $375.00 1 / lot $375.00 Projects - Rental : Optional Set-up Product Services, Lane Closure Code: Lot Total $14,550.00 Item # Line Item Notes Unit Price Qty/Unit Attch. Docs 1153388--04-01 GROUP 2 - Non -Federally Funded Supplier First Offer - $72.50 100 / each $7,250.00 Projects - Sales : Plastic Flasher Product Barricades Type I Code: 1153388--04-02 GROUP 2 - Non -Federally Funded Supplier First Offer - $72.50 100 / each $7,250.00 Projects - Sales : Plastic Flasher Product Barricades Type II Code: 1153388--04-03 GROUP 2 - Non -Federally Funded Supplier First Offer - $145.00 100 / each $14,500.00 Projects - Sales : Plastic Flasher Product Barricades Type III Code: 1153388--04-04 GROUP 2 - Non -Federally Funded Supplier First Offer - $172.00 50 / each $8,600.00 Projects - Sales : Warning and Product Regulatory Signs (non -electrical) Code: 1153388--04-05 GROUP 2 - Non -Federally Funded Supplier First Offer - $19.50 100 / each $1,950.00 Projects - Sales : Traffic Cones Product Code: 1153388--04-06 GROUP 2 - Non -Federally Funded Supplier First Offer - $62.50 100 / each $6,250.00 Projects - Sales : Drums Product Code: 1153388--04-07 GROUP 2 - Non -Federally Funded Supplier First Offer - $168.25 200 / each $33,650.00 Projects - Sales : French Barricades Product Code: 1153388--04-08 GROUP 2 - Non -Federally Funded Supplier First Offer - $321.00 100 / each $32,100.00 Projects - Sales : Traffic Barriers Product Code: 1153388--04-09 GROUP 2 - Non -Federally Funded Supplier First Offer - $14.25 100 / roll $1,425.00 Projects - Sales : Barrier (Caution) Product Tape Code: 1153388--04-10 GROUP 2 - Non -Federally Funded Supplier First Offer - $72.50 100 / each $7,250.00 4/8/2021 BidSync p. 77 City of Miami 1153388 Projects - Sales : Stop Handheld Product Paddle Sign Code: 1153388--04-11 GROUP 2 - Non -Federally Funded Supplier First Offer - $75.50 100 / each $7,550.00 Projects - Sales : Metal Flasher Product Barricades Type I Code: 1153388--04-12 GROUP 2 - Non -Federally Funded Supplier First Offer - $77.50 100 / each $7,750.00 Projects - Sales : Metal Flasher Product Barricades Type II Code: 1153388--04-13 GROUP 2 - Non -Federally Funded Supplier First Offer - $146.75 100 / each $14,675.00 Projects - Sales : Metal Flasher Product Barricades Type III Code: Lot Total $150,200.00 Supplier Total $331,355.00 4/8/2021 BidSync p. 78 City of Miami 1153388 safety systems barricades inc Item: Flasher Barricades Type I Attachments IFB_1153388 - SSB MAR 19 2021.pdf Bid Docs 1153388 Apr 05.pdf 4/8/2021 BidSync p. 79 City of Miami 1153388 IFB-1153388 Safety Systems Barricades 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 (1) agree to abide by all terms and conditions of this solicitation and certify that I am authorized to sign this submission for the submitter. Please print the following and sign your name: PROPOSER NAME: SAFETY SYSTEMS BARRICADES, INC ADDRESS: 6551 NW 74th AVE, M IAM I FL 33166 PHONE: 305-591-26871305-591-2688 FAX: 305-591-2689 EMAIL: CONTACTUS@SSBARRICADES.COM CELL (Opti SIGNED BY: AMILCAR ROBLEDA TITLE: VICE PRESIDENT DAT •. 03/19/2021 FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISQUALIFY THIS RESPONSE. 4/8/2021 BidSync p. 81 City of Miami 1153388 Certifications Legal Name of Firm: SAFETY SYSTEMS BARRICADES, INC Federal Employer Identification Number (FEIN): 26-3278034 Year Established: 08/29/2008 Office Location: City of Miami, Miami -Dade County, or Other 6551 NW 74th AVE, MIAMI FL 33166 / 2087 N POWER LINE, SUITE 2, POMPANO BEACH, FL 33069 Business Tax Receipt/Occupational License Number: 7572504 Business Tax Receipt/Occupational License Issuing Agency: MIAMI DADE COUNTY, STATE OF FLORIDA Business Tax Receipt/Occupational License Expiration Date: 09/30/2021 Will Subcontractor(s) be used? (Yes or No) NO If subcontractor(s) will be utilized, provide their name, address and the portion of the work they will be responsible for under this contract (a copy of their license(s) must be submitted with your bid response): N/A Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (i.e. Addendum No. 1, 1/1/2020). If no addendum/addenda was/were issued, please insert N/A. ATTACHEMENT C - INSURANCE ADDENDUM & ADDEMDUM 1, MARCH 11,2021 If Bidder has a Local Office, as defined under Chapter 18/Article III, Section 18-73 of the City Code, has Bidder filled out, notarized, and included with its bid response the "City of Miami Local Office Certification" form? YES OR NO? YES 4/8/2021 BidSync p. 82 City of Miami 1153388 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: FLORIDA DEPARTMENT OF TRANSPORTATION - FDOT Reference No. 1: Address, City, State, and Zip for above reference company/agency listed: ADAM LEIGH CANN BLDG, 1000 NW 111 AVE, PROCUREMENT OFFICE, ROOM 6202-B, MIAMI FL 33172 Reference No. 1: Name of Contact Person, Telephone Number and Email for above reference no. 1 TITINA RICCIARDI-ENCINAS, 786-512-9325, TITINA.RICCIARDI@DOT.STATE.FL.US Reference No. 1: Date of Contract or Sale for above reference no. 1 E6M61-R0 - 10/31/2019 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: BROWARD INTERSTATE Reference No. 2: Address, City, State, and Zip for above reference company/agency listed: 10404 W SR 84 SUITE 109, DAVIE, FL 33324 Reference No. 2: Name of Contact Person, Telephone Number and Email for above reference no. 2 MIGUEL SOSA, 954-295-0125, miguel_sosa©royjorgensen.com Reference No. 2: Date of Contract or Sale for above reference no. 2 E4Q30 - 03/01 /2021 Reference No. 3: Name of Company/Agency for which Bidder is currently providing the services/goods as described in this solicitation, or has provided such services/goods in the past: FLORIDA DEPARTMENT OF TRANSPORTATION - FDOT Reference No. 3: Address, City, State, and Zip for above reference company/agency listed: 3400 WEST COMMERCIAL BOULEVARD, FORT LAUDERDALE, FL 33309 Reference No. 3: Name of Contact Person, Telephone Number and Email for above reference no. 3 CHRISTOPHER CHANEL, 954-892-2331, CHRISTOPHER.CHANEL@DOT.STATE.FL.US Reference No. 3: Date of Contract or Sale for above reference no. 3 E4U96 - 12/18/2020 4/8/2021 BidSync p. 83 ATTACHMENT B City of Miami 1153388 IFB-1153388 Safety Systems Barricades CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his/her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officers or employee of Congress, or an employee or a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form, LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that 11 subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not Tess than $10,000 and not more than $100,000 for each such failure. The Contractor, AMILCAR ROBLEDA , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31, U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Signatu ctor/Contractor's Authorized Official Name and Title of Contractor/Contractor's Authorized Official SAFETY SYSTEMS BARRICADES, INC / AMILCAR ROBLEDA / VICE PRESIDENT Date: 03/19/2021 4/8/2021 BidSync p. 84 City of Miami 1153388 PRAM -...1i6 Business M; al iness Tax Receipt -THIS IS NOTABLY, State of Florida DO NOT PAY 7284213 FESTE 7y SYMS ATION BARRICADES RICADES CORP 6551 N FL74T1-1 AVE 33166 OWNER SAFETY SYSTEMS BAR CORP ryn AM!! CAR RECEIPT' NO. RENEWAL 7572504 LBTI EXPIRES SEPTEMBER 30, 2021 Must be displayed at place or business Pursuant to County Code 1 Chapter BA - Art. 9 Sr 10 BARRICADES pAVMENT RECEIVED BV TAX COLLECTOR R ROP0I pDA VPRF.¢ 405.00 07PI512020 54 C R E D I T GARD-20-052922 This Local Business Tax Receipt only confirms payment (011ie Local Business Ta.. The Receipt is not a license. WIPP, or a certification of Ole holders qualifications. to do business. Holder must comply with aria governmerdal or nongovernmental regulatory laws and requirements which apply to the business. The RECEIPT NO. above must be displayed on all commercial vehicles- Miami -Dade Code sec Ba-270. For more information, vices vyww,mSemid04595�azcopeUgr SEC. TYPE OF BUSINESS 190 ADVERTISING SPACE RENTAL RAIAMI.nAnE COUNTY 4/8/2021 BidSync p. 85 City of Miami 1153388 Form w-9 (Rev. October 2018) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification ► Go to www.irs.gov/FormW9 for instructions and the latest information. Give Form to the requester. Do not send to the IRS. m 0. 0 ai c 0 2 C a. u u a to m 1 Name (es shown on your income tax return). Name is required on this line; do not leave this line blank. 2 Business name/disregarded entity name, if different from above SAFETY SYSTEMS BARRICADES , CORP 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the fallowing seven boxes. ❑ IndividuaVsole proprietor or single -member LLC ❑ Limited liability company. Eller the tax classification (C=C corporation, S=S corporation, P=Partnership) ► Note: Check the appropriate box in the line above for the lax classification of the single -member owner. Do not check LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC Is another LLC that Is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that Is disregarded from the owner should check the appropriate box for the tax classification of its owner. ❑ Other (see instructions) ► ❑ C Corporation ❑✓ S Corporation ❑ Partnership ❑ Trust/estate 4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3): Exempt payee code (:f any) Exemption from FATCA reporting code (iI any) (Apples to accainb makitafled outs.* the U.SI 5 Address (number, street. and apt. or suite no.) See instructions. 6551 NW 74TH AVE 6 City, state, and ZIP code MIAMI, FL 33166 Requester's name and address (optional) 7 List account number(s) here (optional) Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor. or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. Social security number or Employer identification number 2 6 3 2 7 8 3 4 Part II Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt (ram backup withholding. or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) Indicating that I am exempt from FATCA reporting is correct. Certification Instructions. You must cross • il: m 2 above it you have been notified by the IRS that you are currently subject to backup withholding because you have (ailed to report all interest a • r11 { tf on your tax retum. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of sec , d p � ancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividend ou are,. uired to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. Sign Here Signature of U.S. person ► General Instructi ti• s Section references are to the temal Revenue Code unless otherwise noted. Future developments. Fo r he latest information about developments related to Form W-9 and i . instructions, such as legislation enacted after they were published, go to www.rrs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information retum with the IRS must obtain your correct taxpayer Identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer Identification number (EIN), to report on an information retum the amount paid to you, or other amount reportable on an Information retum. Examples of information retums include, but are not limited to, the following. • Form 1099-INT (interest eamed or paid) • Form 1099-DIV (dividends, including those (ram stocks or mutual funds) • Form 1099-MISC (various types of income. prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-)C (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct T1N. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 10-2018) 4/8/2021 BidSync p. 86 City of Miami 1153388 IMPORTANT NOTICE TO BIDDERS: • FAILURE TO COMPLETE AND SIGN THE CERTIFICATION STATEMENT AND CERTIFICATIONS SECTION, SPECIFICALLY THE CERTIFICATION REGARDING LOBBYING WILL RENDER YOUR BID NON -RESPONSIVE. • PLEASE SUBMIT A COPY OF THE MOST RECENT LOCAL BUSINESS TAX RECEIPT ISSUED BY CITY OF MIAMI, MIAMI-DADE COUNTY, OR BROWARD COUNTY. • CONTACT BIDSYNC VENDOR SUPPORT TOLL -FREE NUMBER 800-990-9339, OR EMAIL SUPPORT@BIDSYNC.COM, FOR BIDSYNC TECHNICAL DIFFICULTIES AND PROBLEMS. 4/8/2021 BidSync p. 87 City of Miami 1153388 IFB-1153388 Safety Systems Barricades Certification Statement Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and retain a copy for your files. Prices should include all costs, including transportation to destination. The City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a minimum of 180 days following the time set for closing of the submissions. In the event of errors in extension of totals, the unit prices shall govern in determining the quoted prices. We (I) certify that we have read your solicitation, completed the necessary documents, and propose to furnish and deliver, F.O.B. DESTINATION, the items or services specified herein. The undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations, or debarred or suspended as set in section 18-107 or Ordinance No. 12271. All exceptions to this submission have been documented in the section below (refer to paragraph and section). EXCEPTIONS: We (I) certify that any and all information contained in this submission is true; and we (I) further certify that this submission is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and conditions of this solicitation and certify that I am authorized to sign this submission for the submitter. Please print the following and sign your name: PROPOSER NAME: SAFETY SYSTEMS BARRICADES, INC ADDRESS: 6551 NW 74th AVE, MIAMI FL 33166 PHONE: 305-591-2687 / 305-591-2688 FAX: 305-591-2689 EMAIL: CONTACTUS@SSBARRICADES.COM CELL (Optign'1): SIGNED BY: AMILCAR ROBLEDA TITLE: VICE PRESIDENT DA 03/19/2021 FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISQUALIFY THIS RESPONSE. 4/8/2021 BidSync p. 127 City of Miami 1153388 Certifications Legal Name of Firm: SAFETY SYSTEMS BARRICADES, INC Federal Employer Identification Number (FEIN): 26-3278034 Year Established: 08/29/2008 Office Location: City of Miami, Miami -Dade County, or Other 6551 NW 74th AVE, MIAMI FL 33166 / 2087 N POWER LINE, SUITE 2, POMPANO BEACH, FL 33069 Business Tax Receipt/Occupational License Number: 7572504 Business Tax Receipt/Occupational License Issuing Agency: MIAMI DADE COUNTY, STATE OF FLORIDA Business Tax Receipt/Occupational License Expiration Date: 09/30/2021 Will Subcontractor(s) be used? (Yes or No) NO If subcontractor(s) will be utilized, provide their name, address and the portion of the work they will be responsible for under this contract (a copy of their license(s) must be submitted with your bid response): N/A Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (i.e. Addendum No. 1, 1/1/2020). Tf no addendum/addenda was/were issued, please insertN/A. ADDENDUM 1 - MAR 11 2021 ATTACHEMENT C - INSURANCE ADDENDUM ADDENDUM 2 - MAR 19 2021 If Bidder has a Local Office, as defined under Chapter 18/Article III, Section 18-73 of the City Code, has Bidder filled out, notarized, and included with its bid response the "City of Miami Local Office Certification" form? YES OR NO? YES 4/8/2021 BidSync p. 128 City of Miami 1153388 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: FLORIDA DEPARTMENT OF TRANSPORTATION - FDOT Reference No. 1: Address, City, State, and Zip for above reference company/agency listed: ADAM LEIGH CANN BLDG, 1000 NW 111 AVE, PROCUREMENT OFFICE, ROOM 6202-B, MIAMI FL 33172 Reference No. 1: Name of Contact Person, Telephone Number and Email for above reference no. 1 TITINA RICCIARDI-ENCINAS, 786-512-9325, TITINA.RICCIARDI@DOT.STATE.FL.US Reference No. 1: Date of Contract or Sale for above reference no. 1 E6M61-R0 - 10/31/2019 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: BROWARD INTERSTATE Reference No. 2: Address, City, State, and Zip for above reference company/agency listed: 10404 W SR 84 SUITE 109, DAVIE, FL 33324 Reference No. 2: Name of Contact Person, Telephone Number and Email for above reference no. 2 MIGUEL SOSA, 954-295-0125, miguel_sosa@royjorgensen.com Reference No. 2: Date of Contract or Sale for above reference no. 2 E4Q30 - 03/01/2021 Reference No. 3: Name of Company/Agency for which Bidder is currently providing the services/goods as described in this solicitation, or has provided such services/goods in the past: FLORIDA DEPARTMENT OF TRANSPORTATION - FDOT Reference No. 3: Address, City, State, and Zip for above reference company/agency listed: 3400 WEST COMMERCIAL BOULEVARD, FORT LAUDERDALE, FL 33309 Reference No. 3: Name of Contact Person, Telephone Number and Email for above reference no. 3 CHRISTOPHER CHANEL, 954-892-2331, CHRISTOPHER.CHANEL@DOT.STATE.FL.US Reference No. 3: Date of Contract or Sale for above reference no. 3 E4U96 - 12/18/2020 4/8/2021 BidSync p. 129 ATTACHMENT B City of Miami 1153388 IFB-1153388 Safety Systems Barricades CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his/her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officers or employee of Congress, or an employee or a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form, LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that II subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor, AMILCAR ROBLEDA , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31, U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Signatur ctor/Contractor's Authorized Official �-i Name and Title of Contractor/Contractor's Authorized Official SAFETY SYSTEMS BARRICADES, INC / AMILCAR ROBLEDA / VICE PRESIDENT Date: 03/19/2021 4/8/2021 BidSync p. 130 City of Miami 1153388 Local Business Miami —Dade Tax Receipt -THIS ISN014SQL_o ta�tePof Florida 7284213 SUSINES NAME/LOCATION BARRICADES COS 6551 N W 74TN CORPAV MIAMI, FL 33166 OWNER SAFETY SYSTEMS BARRICADES CORP Employee(s) 4M11 r:AR RnRI FDA VPRF.S 54 MN4Pyp T RECEIPT No_ RENEWAL 7572504 [LBT'! EXPIRES SEPTEMBER 30, 2021 Must be displayed at place of buusiness Pursuant to County Chapter BA - Art. 9 & 10 PAYMENT RECEIVED BV TA% COLLECTOR 405.00 07(1512020 CRED ITCARD-20-052922 This Local Business Tao Receipt only confirms payment of the Local Business Tax. The Receipt is not a license, Perms. or a certification of the holder's qualifications, to do business. Holder must comply with etre governmemal or nongovernmental regulatory laws and requirements which apply to the business. The RECEIPT N0. above must be displayed on all commercial vehicles -Miami-Dade Code Sec Ha-275. For more information, visit Www,tniamidade.eo ccollectpr SEC. TYPE OF BUSINESS 100 ADVERTISING SPACE RENTAL RAIAMI.nAnE COUNTY 4/8/2021 BidSync p. 131 City of Miami 1153388 Form w-9 (Rev. October 2018) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification ► Go to www.irs.gov/FormW9 for instructions and the latest information. Give Form to the requester. Do not send to the IRS. 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. 2 Business name/disregarded entity name, if different from above SAFETY SYSTEMS BARRICADES , CORP 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes. ❑ Individual/sole proprietor or single -member LLC ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner. ❑ Other (see instructions) ► ❑ G Corporation S Corporation 0 Partnership ❑ TrusVestate 4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3): Exempt payee code (:f any) Exemption from FATCA reporting code (II any) rgapges to accents mahraamd wax* the U.S.) 5 Address (number, street, and apt. or suite no.) See instructions. 6551 NW 74TH AVE 6 City, stale, and ZIP code MIAMI, FL 33166 Requester's name and address (optional) 7 List account number(s) here (optional) Part 1 Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TM provided must match the name given on line 1 10 avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. Social security number or Employer identification number 2 6 3 2 7 8 0 3 4 Part II Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross • . it 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest an• •ivt d on your tax retum. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of sec d p T,rti ancetlation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividend ou are, ,y uired to sign the certification, but you must provide your correct TIN. See the instructions for Part 11, later. Sign Here Signature of U.S. person ► General Instructi • s Section references are to the temal Revenue Code unless otherwise noted. Future developments. Fo• he latest information about developments related to Form W-9 and i instructions, such as legislation enacted after they were published, go to www.us.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester} who is required to file an information retum with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (IT1N), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information retum the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest eamed or paid) Date ► D44 • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only it you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev 10-2018) 4/8/2021 BidSync p. 132 City of Miami 1153388 IMPORTANT NOTICE TO BIDDERS: • FAILURE TO COMPLETE AND SIGN THE CERTIFICATION STATEMENT AND CERTIFICATIONS SECTION, SPECIFICALLY THE CERTIFICATION REGARDING LOBBYING WILL RENDER YOUR BID NON -RESPONSIVE. • PLEASE SUBMIT A COPY OF THE MOST RECENT LOCAL BUSINESS TAX RECEIPT ISSUED BY CITY OF MIAMI, MIAMI-DADE COUNTY, OR BROWARD COUNTY. • CONTACT BIDSYNC VENDOR SUPPORT TOLL -FREE NUMBER 800-990-9339, OR EMAIL SUPPORT@BIDSYNC.COM, FOR BIDSYNC TECHNICAL DIFFICULTIES AND PROBLEMS. 4/8/2021 BidSync p. 133 City of Miami 1153388 ANNIE PEREZ, CPPO Director of Procurement Iit II� 4Tharni ADDENDUM NO. 1 ARTHUR NORIEGA V. City Manager IFB No. 1153388 March 11, 2021 Invitation For Bid ("IFB") for Rental and Purchase of Barricades TO: ALL PROSPECTIVE BIDDERS: The following changes, additions, clarifications, and deletions amend the IFB documents of the above captioned IFB and shall become an integral part of the Contract Documents. Deletions of contract language will be specified herein. Bold words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein and reflect same on the documents you have on hand. A. Section 2.4. METHOD OF AWARD has been deleted in its entirety and is hereby replaced with the following: This Solicitation is divided into two (2) Groups: Group 1 - Federally Funded Projects; and Group 2 - Non - Federally Funded Projects. Bidders can bid on one Group or both Groups. Award of this contract will be made to the lowest responsible and responsive bidder(s), who meet Specifications, and bid on all items in the aggregate, on each subgroup (Rental and Sale) by group basis. The City shall select up to three (3) vendor(s), with the lowest deemed the "Primary Vendor" and the next lowest the "Secondary Vendor", and so on, in the order of lowest prices provided to the City. Should the "Primary Vendor" not be able to provide the item at the time needed, the City has the option to select the next lowest "Secondary Vendor" to fulfill the order and so forth. B. Group 1, Line Items 1153388--02-01, 1153388--02-02 and 1153388--02-03 have been deleted in their entirety and are hereby replaced with the following: Line: 1153388--02-01 - GROUP 1 - Federally Funded Projects - Sales: Plastic Flasher Barricades Type I Quantity: 100 each Description: Plastic Flasher Barricades Type I, pursuant to Scope of Work. The Plastic Flasher Barricades Type I shall comply with the requirements of the current Manual on Uniform Traffic Control Devices (MUTCD), and Federal Highway Administration. The price is for unit. Estimated quantities only. Bidder must upload the Certification Regarding Lobbying. 4/8/2021 BidSync p. 134 City of Miami 1153388 Line: 1153388--02-02 - GROUP 1 - Federally Funded Projects - Sales: Plastic Flasher Barricades Type II Quantity: 100 each Description: Plastic Flasher Barricades Type II, pursuant to Scope of Work. The Plastic Flasher Barricades Type II shall comply with the requirements of the current Manual on Uniform Traffic Control Devices (MUTCD), and Federal Highway Administration. The price is for unit. Estimated quantities only. Bidder must upload the Certification Regarding Lobbying. Line: 1153388--02-03 - GROUP 1 - Federally Funded Projects - Sales: Plastic Flasher Barricades Type III Quantity: 100 each Description: Plastic, Flasher Barricades Type III, pursuant to Scope of Work. The Plastic Flasher Barricades Type III shall comply with the requirements of the current Manual on Uniform Traffic Control Devices (MUTCD), and Federal Highway Administration. The price is for unit. Estimated quantities only. Bidder must upload the Certification Regarding Lobbying. C. Group 1, Line Items 1153388--02-11, 1153388--02-12 and 3. 1153388--02-13 have been added: Line: 1153388--02-11 - GROUP 1 - Federally Funded Projects - Sales: Metal Flasher Barricades Type I Quantity: 100 each Description: Metal Flasher Barricades Type I, pursuant to Scope of Work. The Metal Flasher Barricades Type I shall comply with the requirements of the current Manual on Uniform Traffic Control Devices (MUTCD), and Federal Highway Administration. The price is for unit. Estimated quantities only. Bidder must upload the Certification Regarding Lobbying. Line: 1153388--02-12 - GROUP 1 - Federally Funded Projects - Sales: Metal Flasher Barricades Type II Quantity: 100 each Description: Metal Flasher Barricades Type II, pursuant to Scope of Work. The Metal Flasher Barricades Type II shall comply with the requirements of the current Manual on Uniform Traffic Control Devices (MUTCD), and Federal Highway Administration. The price is for unit. Estimated quantities only. Bidder must upload the Certification Regarding Lobbying. 2 4/8/2021 BidSync p. 135 City of Miami 1153388 Line: 1153388--02-13 - GROUP 1 - Federally Funded Projects - Sales: Metal Flasher Barricades Type III Quantity: 100 each Description: Metal Flasher Barricades Type III, pursuant to Scope of Work. The Metal Flasher Barricades Type III shall comply with the requirements of the current Manual on Uniform Traffic Control Devices (MUTCD), and Federal Highway Administration. The price is for unit. Estimated quantities only. Bidder must upload the Certification Regarding Lobbying. D. Group 2, Line Items 1153388--04-01, 1153388--04-02 and 1153388--04-03 have been deleted in their entirety and are hereby replaced with the following: Line: 1153388--04-01 - GROUP 2 - Non -Federally Funded Projects - Sales: Plastic Flasher Barricades Type Quantity: 100 each Description: Plastic Flasher Barricades Type I, pursuant to Scope of Work. The Plastic Flasher Barricades Type I shall comply with the requirements of the current Manual on Uniform Traffic Control Devices (MUTCD), and Federal Highway Administration. The price is for unit. Estimated quantities only. Line: 1153388--04-02 - GROUP 2 - Non -Federally Funded Projects - Sales: Plastic Flasher Barricades Type II Quantity: 100 each Description: Plastic Flasher Barricades Type II, pursuant to Scope of Work. The Plastic Flasher Barricades Type II shall comply with the requirements of the current Manual on Uniform Traffic Control Devices (MUTCD), and Federal Highway Administration. The price is for unit. Estimated quantities only. Line: 1153388--04-03 - GROUP 2 - Non -Federally Funded Projects - Sales: Plastic Flasher Barricades Type III Quantity: 100 each Description: Plastic Flasher Barricades Type III, pursuant to Scope of Work. The Plastic Flasher Barricades Type III shall comply with the requirements of the current Manual on Uniform Traffic Control Devices (MUTCD), and Federal Highway Administration. The price is for unit. Estimated quantities only. 3 4/8/2021 BidSync p. 136 City of Miami 1153388 E. Group 2, Line Items 1153388--04-11, 1153388--04-12 and 3. 1153388--04-13 have been added: Line: 1153388--04-11 - GROUP 2 - Non -Federally Funded Projects - Sales: Metal Flasher Barricades Type Quantity: 100 each Description: Metal Flasher Barricades Type I, pursuant to Scope of Work. The Metal Flasher Barricades Type I shall comply with the requirements of the current Manual on Uniform Traffic Control Devices (MUTCD), and Federal Highway Administration. The price is for unit. Estimated quantities only. Line: 1153388--04-12 - GROUP 2 Non -Federally Funded Projects - Sales: Metal Flasher Barricades Type II Quantity: 100 each Description: Metal Flasher Barricades Type II, pursuant to Scope of Work. The Metal Flasher Barricades Type II shall comply with the requirements of the current Manual on Uniform Traffic Control Devices (MUTCD), and Federal Highway Administration. The price is for unit. Estimated quantities only. Line: 1153388--04-13 - GROUP 2 Non -Federally Funded Projects - Sales: Metal Flasher Barricades Type III Quantity: 100 each Description: Metal Flasher Barricades Type III, pursuant to Scope of Work. The Metal Flasher Barricades Type III shall comply with the requirements of the current Manual on Uniform Traffic Control Devices (MUTCD), and Federal Highway Administration. The price is for unit. Estimated quantities only. F. The following are inquires received from Prospective Bidders and the City's corresponding responses. Q 1. Are the quantities of sale items based on estimated annual need? A 1. No, the "Number of Units" in each line is just an estimated quantity in the aggregate for the term of the contract. This is the first time that the purchase of barricades is being solicited. Q 2. Please provide some past actual work orders for both Federally funded and Non - Federally funded projects. A 2. There are no past actual work orders for Federally funded projects, however, refer to the attached Exhibit A, Non -Federally Funded Project Purchase Orders. 4 4/8/2021 BidSync p. 137 City of Miami 1153388 Q 3. Please provide the bid tabulation from previous bid of the same contract. A 3. The City of Miami is currently accessing Southeast Florida Governmental Purchasing Co - Operative Group (COOP) Contract Number 12265-393. Refer to the attached Exhibit B, Contract Award. Q 4. What is the estimated annual expenditure planned for both rentals and sale items? A 4. There is no estimated annual expenditure planned for sale items. All items will be ordered on an as needed basis. For rental items, the estimated annual expenditure planned is approximately forty-two thousand dollars ($42,000.00). This value can vary during emergencies. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE IFB AND SHALL BE MADE A PART THEREOF. Annie Perez, CPPO, Director of Procurement City of Miami Procurement Department cc. Fernando Casamayor, Assistant City Manager, Chief Financial Officer Ronald L. Papier, Interim Chief of Police Yadissa A. Calderon, Assistant Director of Procurement AP:cl 5 4/8/2021 BidSync p. 138 4/2/2021 City of Miattgency Bid 1153388 Periscope Search BID OPPORTUNITIES MARKETPLACE CATALOG MANAGER < BACK TO BID OPPORTUNITIES Fill out the qualifications for this agency. Click here Added Items: Metal Flasher Barricades Type I Metal Flasher Barricades Type I Metal Flasher Barricades Type 11 Metal Flasher Barricades Type II Metal Flasher Barricades Type III Metal Flasher Barricades Type III Changed Items: Plastic Flasher Barricades Type Plastic Flasher Barricades Type Plastic Flasher Barricades Type 11 Plastic Flasher Barricades Type II Plastic Flasher Barricades Type III Plastic Flasher Barricades Type III New Documents: Addendum No.1.pdf Addendum # 2 - made on Mar 19. 2021 2:55:10 PM EDT Previous Bid End Date: Mar 19, 2021 3:00:00 PM EDT New Bid End Date: Apr 05, 2021 3:00:00 F • 4-4$002dpp.bidsync.com/bid-detail/agency-bid/2061545 BidSync p. 115$ City of Miami Solicitation 1153388 Solicitation 1153388 Invitation for Bid for the Rental and Sale of Barricades Solicitation Designation: Public City of Miami 4/21/2021 2:26 PM p. 1 City of Miami Solicitation 1153388 Solicitation 1153388 Invitation for Bid for the Rental and Sale of Barricades Solicitation Number Solicitation Title Solicitation Start Date Solicitation End Date Question &Answer End Date Solicitation Contact Contract Duration Contract Renewal Prices Good for Pre -Solicitation Conference Solicitation Comments Addendum # 1 1153388 Invitation for Bid for the Rental and Sale of Barricades Feb 24, 2021 8:01:20 AM EST Apr 5, 2021 3:00:00 PM EDT Mar 8, 2021 3:00:00 PM EST Cristiane Lima 305-416-1904 clima@miamigov.com See Specifications See Specifications See Specifications Mar 3, 2021 2:00:00 PM EST Attendance is optional Location: Via Microsoft Teams Meeting +1 786-598-2961 United States, Miami (Toll) Conference ID: 264 367 225# Please see the Bid Document for the meeting link. Refer to Section 2.2. PRE-BID/PRE-PROPOSAL CONFERENCE. THE PURPOSE OF THIS SOLICITATION IS TO ESTABLISH A CONTRACT, FOR THE RENTAL AND SALE OF BARRICADES TO VARIOUS CITY OF MIAMI DEPARTMENTS. FAILURE TO COMPLETE AND SIGN THE CERTIFICATION STATEMENT WILL RENDER YOUR BID NON- RESPONSIVE. PLEASE SUBMIT A COPY OF THE MOST RECENT LOCAL BUSINESS TAX RECEIPT ISSUED BY CITY OF MIAMI, MIAMI-DADE COUNTY, OR BROWARD COUNTY. THE CERTIFICATION REGARDING LOBBYING IS MANDATORY FOR GROUP 1 - FEDERALLY FUNDED PROJECTS. CONTACT BIDSYNC VENDOR SUPPORT TOLL -FREE NUMBER 800-990-9339, OR EMAIL SUPPORT@BIDSYNC.COM , FOR BIDSYNC TECHNICAL DIFFICULTIES AND PROBLEMS. MR Addendum No.1.pdf Changes were made to the following items: Plastic Flasher Barricades Type I Plastic Flasher Barricades Type I Plastic Flasher Barricades Type 11 Plastic Flasher Barricades Type 11 4/21/2021 2:26 PM p. 2 City of Miami Solicitation 1153388 Plastic Flasher Barricades Type III Plastic Flasher Barricades Type III Metal Flasher Barricades Type I Metal Flasher Barricades Type I Metal Flasher Barricades Type II Metal Flasher Barricades Type II Metal Flasher Barricades Type III Metal Flasher Barricades Type III Addendum # 2 -d Date Apr 5, 2021 3:00:00 PM EDT Item Quantity Unit Price Delivery Location Item Response Form 1153388--01-01 - GROUP 1 - Federally Funded Projects - Rental: Flasher Barricades Type I 200 each City of Miami No Location Specified Qty 200 Description Flasher Barricades Type I, pursuant to Scope of Work. The Flasher Barricades Type I shall comply with the requirements of the current Manual on Uniform Traffic Control Devices (MUTCD), and Federal Highway Administration. The price is for 1-day unit rental. Estimated quantities only. Bidder must upload the Certification Regarding Lobbying. Item Quantity Unit Price Delivery Location 1153388--01-02 - GROUP 1 - Federally Funded Projects - Rental: Flasher Barricades Type II 200 each City of Miami No Location Specified Qty 200 Description Flasher Barricades Type II, pursuant to Scope of Work. The Flasher Barricades Type II shall comply with the requirements of the current Manual on Uniform Traffic Control Devices (MUTCD), and Federal Highway Administration. The price is for 1-day unit rental. Estimated quantities only. Bidder must upload the Certification Regarding Lobbying. 4/21/2021 2:26 PM p. 3 City of Miami Solicitation 1153388 Item 1153388--01-03 - GROUP 1 - Federally Funded Projects - Rental: Flasher Barricades Type III Quantity 300 each Unit Price Delivery Location City of Miami No Location Specified Qty 300 Description Flasher Barricades Type III, pursuant to Scope of Work. The Flasher Barricades Type III shall comply with the requirements of the current Manual on Uniform Traffic Control Devices (MUTCD), and Federal Highway Administration. The price is for 1-day unit rental. Estimated quantities only. Bidder must upload the Certification Regarding Lobbying. Item Quantity Unit Price Delivery Location 1153388--01-04 - GROUP 1 - Federally Funded Projects - Rental: Warning & Regulatory Signs 100 each City of Miami No Location Specified Qty 100 Description Warning & Regulatory Signs, pursuant to Scope of Work. The Warning & Regulatory Signs shall comply with the requirements of the current Manual on Uniform Traffic Control Devices (MUTCD), and Federal Highway Administration. The price is for 1-day unit rental. Estimated quantities only. Bidder must upload the Certification Regarding Lobbying. Item Quantity Unit Price Delivery Location 1153388--01-05 - GROUP 1 - Federally Funded Projects - Rental: Generator Powered Arrow Boards 25 each City of Miami No Location Specified Qty 25 Description Generator Powered Arrow Boards, pursuant to Scope of Work. The Generator Powered Arrow Boards shall comply with the requirements of the current Manual on Uniform Traffic Control Devices (MUTCD), and Federal Highway Administration. The price is for 1-day unit rental. Estimated quantities only. Bidder must upload the Certification Regarding Lobbying. Item 1153388--01-06 - GROUP 1 - Federally Funded Projects - Rental: Traffic Cones 4/21/2021 2:26 PM p. 4 City of Miami Solicitation 1153388 Quantity 200 each Unit Price Delivery Location City of Miami No Location Specified Qty 200 Description Traffic Cones, pursuant to Scope of Work. The Traffic Cones shall comply with the requirements of the current Manual on Uniform Traffic Control Devices (MUTCD), and Federal Highway Administration. The price is for 1-day unit rental. Estimated quantities only. Bidder must upload the Certification Regarding Lobbying. Item 1153388--01-07 - GROUP 1 - Federally Funded Projects - Rental: Drums Quantity 200 each Unit Price Delivery Location City of Miami No Location Specified Qty 200 Description Drums, pursuant to Scope of Work. The Drums shall comply with the requirements of the current Manual on Uniform Traffic Control Devices (MUTCD), and Federal Highway Administration. The price is for 1-day unit rental. Estimated quantities only. Bidder must upload the Certification Regarding Lobbying. Item Quantity Unit Price Delivery Location 1153388--01-08 - GROUP 1 - Federally Funded Projects - Rental: French Barricades 1600 each City of Miami No Location Specified Qty 1600 Description French Barricades pursuant to Scope of Work. The French Barricades shall comply with the requirements of the current Manual on Uniform Traffic Control Devices (MUTCD), and Federal Highway Administration. The price is for 1-day unit rental. Estimated quantities only. Bidder must upload the Certification Regarding Lobbying. Item 1153388--01-09 - GROUP 1 - Federally Funded Projects - Rental: Message Boards Quantity 20 each 4/21/2021 2:26 PM p. 5 Unit Price City of Miami Solicitation 1153388 Delivery Location City of Miami No Location Specified Qty 20 Description Message Boards, pursuant to Scope of Work. The Message Boards shall comply with the requirements of the current Manual on Uniform Traffic Control Devices (MUTCD), and Federal Highway Administration. The price is for 1-day unit rental. Estimated quantities only. Bidder must upload the Certification Regarding Lobbying. Item Quantity Unit Price Delivery Location 1153388--01-10 - GROUP 1 - Federally Funded Projects - Rental: Traffic Barriers 200 each City of Miami No Location Specified Qty 200 Description Traffic Barriers, pursuant to Scope of Work. The Traffic Barriers shall comply with the requirements of the current Manual on Uniform Traffic Control Devices (MUTCD), and Federal Highway Administration. The price is for 1-day unit rental. Estimated quantities only. Bidder must upload the Certification Regarding Lobbying. Item 1153388--01-11 - GROUP 1 - Federally Funded Projects - Rental: Optional Set-up Service, Flasher Barricades 1-20 Quantity 1 lot Unit Price Delivery Location City of Miami No Location Specified Qty 1 Description Normally, the rental items requested above will be delivered to a stated site and set-up by City or agency staff. However, where such staff is unavailable, it may be necessary for the Successful Bidder(s) to set-up this equipment. The bidder shall quote a firm fixed price for setting up one lot of from 1 to 20 flasher barricades Price is for 1 set up. Bidder must upload the Certification Regarding Lobbying. Item Quantity Unit Price Delivery Location 1153388--01-12 - GROUP 1 - Federally Funded Projects - Rental: Optional Set-up Services, Signs 1-10 1 lot City of Miami 4/21/2021 2:26 PM p. 6 City of Miami Solicitation 1153388 No Location Specified Qty 1 Description Normally, the rental items requested above will be delivered to a stated site and set-up by City or agency staff. However, where such staff is unavailable, it may be necessary for the Successful Bidder(s) to set-up this equipment. The bidder shall quote a firm fixed price for setting up one lot of from 1 to 10 signs. Price is for 1 set up. Bidder must upload the Certification Regarding Lobbying. Item Quantity Unit Price Delivery Location 1153388--01-13 - GROUP 1 - Federally Funded Projects - Rental: Optional Set-up Services, Lane Closure 1 lot City of Miami No Location Specified Qty 1 Description Normally, the rental items requested above will be delivered to a stated site and set-up by City or agency staff. However, where such staff is unavailable, it may be necessary for the Successful Bidder(s) to set-up this equipment. The bidder shall quote a firm fixed price for setting up 1 lane closure with signs, barricades and 1 arrow board. Price is for 1 set up. Bidder must upload the Certification Regarding Lobbying. Item Quantity Unit Price Delivery Location 1153388--02-01 - GROUP 1 - Federally Funded Projects - Sales: Plastic Flasher Barricades Type I 100 each City of Miami No Location Specified Qty 100 Description Flasher Barricades Type I, pursuant to Scope of Work. The Flasher Barricades Type I shall comply with the requirements of the current Manual on Uniform Traffic Control Devices (MUTCD), and Federal Highway Administration. The price is for unit. Estimated quantities only. Bidder must upload the Certification Regarding Lobbying. Added on Mar 11, 2021: Plastic Flasher Barricades Type I, pursuant to Scope of Work. The Plastic Flasher Barricades Type I shall comply with the requirements of the current Manual on Uniform Traffic Control Devices (MUTCD), and Federal Highway Administration. The price is for unit. Estimated quantities only. Bidder must upload the Certification Regarding Lobbying. Addendum # 1 New Title Plastic Flasher Barricades Type I 4/21/2021 2:26 PM p. 7 City of Miami Solicitation 1153388 Item Quantity Unit Price Delivery Location 1153388--02-02 - GROUP 1 - Federally Funded Projects - Sales: Plastic Flasher Barricades Type II 100 each City of Miami No Location Specified Qty 100 Description Flasher Barricades Type II, pursuant to Scope of Work. The Flasher Barricades Type II shall comply with the requirements of the current Manual on Uniform Traffic Control Devices (MUTCD), and Federal Highway Administration. The price is for unit. Estimated quantities only. Bidder must upload the Certification Regarding Lobbying. Added on Mar 11, 2021: Plastic Flasher Barricades Type II, pursuant to Scope of Work. The Plastic Flasher Barricades Type II shall comply with the requirements of the current Manual on Uniform Traffic Control Devices (MUTCD), and Federal Highway Administration. The price is for unit. Estimated quantities only. Bidder must upload the Certification Regarding Lobbying. Addendum # 1 New Title Plastic Flasher Barricades Type II Item Quantity Unit Price Delivery Location 1153388--02-03 - GROUP 1 - Federally Funded Projects - Sales: Plastic Flasher Barricades Type III 100 each City of Miami No Location Specified Qty 100 Description Flasher Barricades Type III, pursuant to Scope of Work. Flasher Barricades Type III shall comply with the requirements of the current Manual on Uniform Traffic Control Devices (MUTCD), and Federal Highway Administration. The price is for unit. Estimated quantities only. Bidder must upload the Certification Regarding Lobbying. Added on Mar 11, 2021: Plastic, Flasher Barricades Type III, pursuant to Scope of Work. The Plastic Flasher Barricades Type III shall comply with the requirements of the current Manual on Uniform Traffic Control Devices (MUTCD), and Federal Highway Administration. The price is for unit. Estimated quantities only. Bidder must upload the Certification Regarding Lobbying. Addendum # 1 111111P- 4/21 /2021 2:26 PM p. 8 City of Miami Solicitation 1153388 Item 1153388--02-04 - GROUP 1 - Federally Funded Projects - Sales: Warning and Regulatory Signs (non- electrical) Quantity 50 each Unit Price Delivery Location City of Miami No Location Specified Qty 50 Description Warning and Regulatory Signs (non -electrical), pursuant to Scope of Work. The Warning and Regulatory Signs shall comply with the requirements of the current Manual on Uniform Traffic Control Devices (MUTCD), and Federal Highway Administration. The price is for unit. Estimated quantities only. Bidder must upload the Certification Regarding Lobbying. Item 1153388--02-05 - GROUP 1 - Federally Funded Projects - Sales: Traffic Cones Quantity 100 each Unit Price Delivery Location City of Miami No Location Specified Qty 100 Description Traffic Cones, pursuant to Scope of Work. The Traffic Cones shall comply with the requirements of the current Manual on Uniform Traffic Control Devices (MUTCD), and Federal Highway Administration. The price is for unit. Estimated quantities only. Bidder must upload the Certification Regarding Lobbying. Item 1153388--02-06 - GROUP 1 - Federally Funded Projects - Sales: Drums Quantity 100 each Unit Price Delivery Location City of Miami No Location Specified Qty 100 Description Drums, pursuant to Scope of Work. The Drums shall comply with the requirements of the current Manual on Uniform Traffic Control Devices (MUTCD), and Federal Highway Administration. The price is for unit. Estimated quantities only. Estimated quantities only. 4/21/2021 2:26 PM p. 9 City of Miami Solicitation 1153388 Bidder must upload the Certification Regarding Lobbying. Item Quantity Unit Price Delivery Location 1153388--02-07 - GROUP 1 - Federally Funded Projects - Sales: French Barricades 200 each City of Miami No Location Specified Qty 200 Description French Barricades, pursuant to Scope of Work. The French Barricades shall comply with the requirements of the current Manual on Uniform Traffic Control Devices (MUTCD), and Federal Highway Administration. The price is for unit. Estimated quantities only. Estimated quantities only. Bidder must upload the Certification Regarding Lobbying. Item 1153388--02-08 - GROUP 1 - Federally Funded Projects - Sales: Traffic Barriers Quantity 100 each Unit Price Delivery Location City of Miami No Location Specified Qty 100 Description Traffic Barriers, pursuant to Scope of Work. The Traffic Barriers shall comply with the requirements of the current Manual on Uniform Traffic Control Devices (MUTCD), and Federal Highway Administration. The price is for unit. Estimated quantities only. Bidder must upload the Certification Regarding Lobbying. Item Quantity Unit Price Delivery Location 1153388--02-09 - GROUP 1 - Federally Funded Projects - Sales: Barrier (Caution) Tape 100 roll City of Miami No Location Specified Qty 100 Description Barrier (Caution) Tape, pursuant to Scope of Work. The tape shall comply with the requirements of the current Manual on Uniform Traffic Control Devices (MUTCD), and Federal Highway Administration. The price is for each roll. Estimated quantities only. 4/21/2021 2:26 PM p. 10 Bidder must upload the Certification Regarding Lobbying. City of Miami Solicitation 1153388 Item Quantity Unit Price Delivery Location 1153388--02-10 - GROUP 1 - Federally Funded Projects - Sales: Stop Handheld Paddle Sign 100 each City of Miami No Location Specified Qty 100 Description Stop Handheld Paddle Sign, pursuant to Scope of Work. The Stop Handheld Paddle Sign shall comply with the requirements of the current Manual on Uniform Traffic Control Devices (MUTCD), and Federal Highway Administration. The price is for unit. Estimated quantities only. Bidder must upload the Certification Regarding Lobbying. Item Quantity Unit Price Delivery Location 1153388--02-11 - GROUP 1 - Federally Funded Projects - Sales: Metal Flasher Barricades Type I 100 each City of Miami No Location Specified Qty 100 Description Metal Flasher Barricades Type I, pursuant to Scope of Work. The Metal Flasher Barricades Type I shall comply with the requirements of the current Manual on Uniform Traffic Control Devices (MUTCD), and Federal Highway Administration. The price is for unit. Estimated quantities only. Bidder must upload the Certification Regarding Lobbying. Addendum # 1 Previous Title New Title Metal Flasher Added Item Item Quantity Unit Price Delivery Location 1153388--02-12 - GROUP 1 - Federally Funded Projects - Sales: Metal Flasher Barricades Type II 100 each City of Miami No Location Specified Qty 100 Description 4/21/2021 2:26 PM p. 11 City of Miami Solicitation 1153388 Metal Flasher Barricades Type II, pursuant to Scope of Work. The Metal Flasher Barricades Type II shall comply with the requirements of the current Manual on Uniform Traffic Control Devices (MUTCD), and Federal Highway Administration. The price is for unit. Estimated quantities only. Bidder must upload the Certification Regarding Lobbying. Addendum # 1 Item 1153388--02-13 - GROUP 1 - Federally Funded Projects - Sales: Metal Flasher Barricades Type III Quantity 100 each Unit Price Delivery Location City of Miami No Location Specified Qty 100 Description Metal Flasher Barricades Type III, pursuant to Scope of Work. The Metal Flasher Barricades Type III shall comply with the requirements of the current Manual on Uniform Traffic Control Devices (MUTCD), and Federal Highway Administration. The price is for unit. Estimated quantities only. Bidder must upload the Certification Regarding Lobbying. Addendum # 1 Previous Title New Title Metal Flasher Barricades Type III Added Item Item 1153388--03-01 - GROUP 2 - Non -Federally Funded Projects - Rental : Flasher Barricades Type I Quantity 200 each Unit Price Delivery Location City of Miami No Location Specified Qty 200 Description Flasher Barricades Type I, pursuant to Scope of Work. The Flasher Barricades Type I shall comply with the requirements of the current Manual on Uniform Traffic Control Devices (MUTCD), and Federal Highway Administration. The price is for 1-day unit rental. Estimated quantities only. Item 1153388--03-02 - GROUP 2 - Non -Federally Funded Projects - Rental : Flasher Barricades Type II 4/21/2021 2:26 PM p. 12 City of Miami Solicitation 1153388 Quantity 200 each Unit Price Delivery Location City of Miami No Location Specified Qty 200 Description Flasher Barricades Type II, pursuant to Scope of Work. The Flasher Barricades Type II shall comply with the requirements of the current Manual on Uniform Traffic Control Devices (MUTCD), and Federal Highway Administration. The price is for 1-day unit rental. Estimated quantities only. Item 1153388--03-03 - GROUP 2 - Non -Federally Funded Projects - Rental : Flasher Barricades Type III Quantity 300 each Unit Price Delivery Location City of Miami No Location Specified Qty 300 Description Flasher Barricades Type III, pursuant to Scope of Work. The Flasher Barricades Type III shall comply with the requirements of the current Manual on Uniform Traffic Control Devices (MUTCD), and Federal Highway Administration. The price is for 1-day unit rental. Estimated quantities only. Item Quantity Unit Price Delivery Location 1153388--03-04 - GROUP 2 - Non -Federally Funded Projects - Rental : Warning & Regulatory Signs 100 each City of Miami No Location Specified Qty 100 Description Warning & Regulatory Signs, pursuant to Scope of Work. The Warning & Regulatory Signs shall comply with the requirements of the current Manual on Uniform Traffic Control Devices (MUTCD), and Federal Highway Administration. The price is for 1-day unit rental. Estimated quantities only. Item Quantity Unit Price Delivery Location 1153388--03-05 - GROUP 2 - Non -Federally Funded Projects - Rental : Generator Powered Arrow Boards 25 each City of Miami No Location Specified 4/21/2021 2:26 PM p. 13 City of Miami Solicitation 1153388 Qty 25 Description Generator Powered Arrow Boards, pursuant to Scope of Work. The Generator Powered Arrow Boards shall comply with the requirements of the current Manual on Uniform Traffic Control Devices (MUTCD), and Federal Highway Administration. The price is for 1-day unit rental. Estimated quantities only. Item Quantity Unit Price Delivery Location 1153388--03-06 - GROUP 2 - Non -Federally Funded Projects - Rental : Traffic Cones 200 each City of Miami No Location Specified Qty 200 Description Traffic Cones, pursuant to Scope of Work. The Traffic Cones shall comply with the requirements of the current Manual on Uniform Traffic Control Devices (MUTCD), and Federal Highway Administration. The price is for 1-day unit rental. Estimated quantities only. Item 1153388--03-07 - GROUP 2 - Non -Federally Funded Projects - Rental : Drums Quantity 200 each Unit Price Delivery Location City of Miami No Location Specified Qty 200 Description Drums, pursuant to Scope of Work. The Drums shall comply with the requirements of the current Manual on Uniform Traffic Control Devices (MUTCD), and Federal Highway Administration. The price is for 1-day unit rental. Estimated quantities only. Item Quantity Unit Price Delivery Location 1153388--03-08 - GROUP 2 - Non -Federally Funded Projects - Rental : French Barricades 1600 each City of Miami No Location Specified Qty 1600 Description French Barricades pursuant to Scope of Work. The French Barricades shall comply with the requirements of the current Manual on Uniform Traffic Control Devices (MUTCD), and Federal Highway Administration. The price is for 1-day unit rental. 4/21/2021 2:26 PM p. 14 City of Miami Solicitation 1153388 Estimated quantities only. Item Quantity Unit Price Delivery Location 1153388--03-09 - GROUP 2 - Non -Federally Funded Projects - Rental : Message Boards 20 each City of Miami No Location Specified Qty 20 Description Message Boards, pursuant to Scope of Work. The Message Boards shall comply with the requirements of the current Manual on Uniform Traffic Control Devices (MUTCD), and Federal Highway Administration. The price is for 1-day unit rental. Estimated quantities only. Item Quantity Unit Price Delivery Location 1153388--03-10 - GROUP 2 - Non -Federally Funded Projects - Rental : Traffic Barriers 200 each City of Miami No Location Specified Qty 200 Description Traffic Barriers, pursuant to Scope of Work. The Traffic Barriers shall comply with the requirements of the current Manual on Uniform Traffic Control Devices (MUTCD), and Federal Highway Administration. The price is for 1-day unit rental. Estimated quantities only. Item Quantity Unit Price Delivery Location 1153388--03-11 - GROUP 2 - Non -Federally Funded Projects - Rental : Optional Set-up Service, Flasher Barricades 1-20 1 lot City of Miami No Location Specified Qty 1 Description Normally, the rental items requested above will be delivered to a stated site and set-up by City or agency staff. However, where such staff is unavailable, it may be necessary for the Successful Bidder(s) to set-up this equipment. The bidder shall quote a firm fixed price for setting up one lot of from 1 to 20 flasher barricades Price is for 1 set up. Item Quantity Unit Price 1153388--03-12 - GROUP 2 - Non -Federally Funded Projects - Rental : Optional Set-up Services, Signs 1-10 1 lot 4/21/2021 2:26 PM p. 15 City of Miami Solicitation 1153388 Delivery Location City of Miami No Location Specified Qty 1 Description Normally, the rental items requested above will be delivered to a stated site and set-up by City or agency staff. However, where such staff is unavailable, it may be necessary for the Successful Bidder(s) to set-up this equipment. The bidder shall quote a firm fixed price for setting up one lot of from 1 to 10 signs. Price is for 1 set up. Item Quantity Unit Price Delivery Location 1153388--03-13 - GROUP 2 - Non -Federally Funded Projects - Rental : Optional Set-up Services, Lane Closure 1 lot City of Miami No Location Specified Qty 1 Description Normally, the rental items requested above will be delivered to a stated site and set-up by City or agency staff. However, where such staff is unavailable, it may be necessary for the Successful Bidder(s) to set-up this equipment. The bidder shall quote a firm fixed price for setting up 1 lane closure with signs, barricades and 1 arrow board. Price is for 1 set up. Item Quantity Unit Price Delivery Location 1153388--04-01 - GROUP 2 - Non -Federally Funded Projects - Sales : Plastic Flasher Barricades Type I 100 each City of Miami No Location Specified Qty 100 Description Flasher Barricades Type I, pursuant to Scope of Work. The Flasher Barricades Type I shall comply with the requirements of the current Manual on Uniform Traffic Control Devices (MUTCD), and Federal Highway Administration. The price is for unit. Estimated quantities only. Added on Mar 11, 2021: Plastic Flasher Barricades Type I, pursuant to Scope of Work. The Plastic Flasher Barricades Type I shall comply with the requirements of the current Manual on Uniform Traffic Control Devices (MUTCD), and Federal Highway Administration. The price is for unit. Estimated quantities only. Addendum # 1 New Title Plastic Flasher Barricades Type I Item Quantity Unit Price 1153388--04-02 - GROUP 2 - Non -Federally Funded Projects - Sales : Plastic Flasher Barricades Type II 100 each 4/21/2021 2:26 PM p. 16 City of Miami Solicitation 1153388 Delivery Location City of Miami No Location Specified Qty 100 Description Flasher Barricades Type II, pursuant to Scope of Work. The Flasher Barricades Type II shall comply with the requirements of the current Manual on Uniform Traffic Control Devices (MUTCD), and Federal Highway Administration. The price is for unit. Estimated quantities only. Added on Mar 11, 2021: Plastic Flasher Barricades Type II, pursuant to Scope of Work. The Plastic Flasher Barricades Type II shall comply with the requirements of the current Manual on Uniform Traffic Control Devices (MUTCD), and Federal Highway Administration. The price is for unit. Estimated quantities only. Addendum # 1 Mus Title Item Quantity Unit Price Delivery Location Description 1153388--04-03 - GROUP 2 - Non -Federally Funded Projects - Sales : Plastic Flasher Barricades Type III 100 each City of Miami No Location Specified Qty 100 Flasher Barricades Type III, pursuant to Scope of Work. Flasher Barricades Type III shall comply with the requirements of the current Manual on Uniform Traffic Control Devices (MUTCD), and Federal Highway Administration. The price is for unit. Estimated quantities only. Added on Mar 11, 2021: Plastic Flasher Barricades Type III, pursuant to Scope of Work. The Plastic Flasher Barricades Type III shall comply with the requirements of the current Manual on Uniform Traffic Control Devices (MUTCD), and Federal Highway Administration. The price is for unit. Estimated quantities only. Addendum # 1 IMP New Title Plastic Flasher Barricades Type III Item Quantity Unit Price Delivery Location 1153388--04-04 - GROUP 2 - Non -Federally Funded Projects - Sales : Warning and Regulatory Signs (non- electrical) 50 each City of Miami 4/21/2021 2:26 PM p. 17 City of Miami Solicitation 1153388 No Location Specified Qty 50 Description Warning and Regulatory Signs (non -electrical), pursuant to Scope of Work. The Warning and Regulatory Signs shall comply with the requirements of the current Manual on Uniform Traffic Control Devices (MUTCD), and Federal Highway Administration. The price is for unit. Estimated quantities only. Item Quantity Unit Price Delivery Location 1153388--04-05 - GROUP 2 - Non -Federally Funded Projects - Sales : Traffic Cones 100 each City of Miami No Location Specified Qty 100 Description Traffic Cones, pursuant to Scope of Work. The Traffic Cones shall comply with the requirements of the current Manual on Uniform Traffic Control Devices (MUTCD), and Federal Highway Administration. The price is for unit. Estimated quantities only. Item Quantity Unit Price Delivery Location 1153388--04-06 - GROUP 2 - Non -Federally Funded Projects - Sales : Drums 100 each City of Miami No Location Specified Qty 100 Description Drums, pursuant to Scope of Work. The Drums shall comply with the requirements of the current Manual on Uniform Traffic Control Devices (MUTCD), and Federal Highway Administration. The price is for unit. Estimated quantities only. Item Quantity Unit Price Delivery Location 1153388--04-07 - GROUP 2 - Non -Federally Funded Projects - Sales : French Barricades 200 each City of Miami No Location Specified Qty 200 Description 4/21/2021 2:26 PM p. 18 City of Miami Solicitation 1153388 French Barricades, pursuant to Scope of Work. The French Barricades shall comply with the requirements of the current Manual on Uniform Traffic Control Devices (MUTCD), and Federal Highway Administration. The price is for unit. Estimated quantities only. Item Quantity Unit Price Delivery Location 1153388--04-08 - GROUP 2 - Non -Federally Funded Projects - Sales : Traffic Barriers 100 each City of Miami No Location Specified Qty 100 Description Traffic Barriers, pursuant to Scope of Work. The Traffic Barriers shall comply with the requirements of the current Manual on Uniform Traffic Control Devices (MUTCD), and Federal Highway Administration. The price is for unit. Estimated quantities only. Item Quantity Unit Price Delivery Location 1153388--04-09 - GROUP 2 - Non -Federally Funded Projects - Sales : Barrier (Caution) Tape 100 roll City of Miami No Location Specified Qty 100 Description Barrier (Caution) Tape, pursuant to Scope of Work. The tape shall comply with the requirements of the current Manual on Uniform Traffic Control Devices (MUTCD), and Federal Highway Administration. The price is for each roll. Estimated quantities only. Item 1153388--04-10 - GROUP 2 - Non -Federally Funded Projects - Sales : Stop Handheld Paddle Sign Quantity 100 each Unit Price Delivery Location City of Miami No Location Specified Qty 100 Description Stop Handheld Paddle Sign, pursuant to Scope of Work. The Stop Handheld Paddle Sign shall comply with the requirements of the current Manual on Uniform Traffic Control Devices (MUTCD), and Federal Highway Administration. The price is for unit. 4/21/2021 2:26 PM p. 19 City of Miami Solicitation 1153388 Estimated quantities only. Item Quantity Unit Price Delivery Location 1153388--04-11 - GROUP 2 - Non -Federally Funded Projects - Sales : Metal Flasher Barricades Type I 100 each City of Miami No Location Specified Qty 100 Description Metal Flasher Barricades Type I, pursuant to Scope of Work. The Metal Flasher Barricades Type I shall comply with the requirements of the current Manual on Uniform Traffic Control Devices (MUTCD), and Federal Highway Administration. The price is for unit. Estimated quantities only. Addendum # 1 Previous Title New Title Metal Flasher Barricades Type I Added Item Item Quantity Unit Price Delivery Location 1153388--04-12 - GROUP 2 - Non -Federally Funded Projects - Sales : Metal Flasher Barricades Type II 100 each City of Miami No Location Specified Qty 100 Description Metal Flasher Barricades Type II, pursuant to Scope of Work. The Metal Flasher Barricades Type II shall comply with the requirements of the current Manual on Uniform Traffic Control Devices (MUTCD), and Federal Highway Administration. The price is for unit. Estimated quantities only. Addendum # 1 Previous Title Added Item New Title Metal Flasher Barricades Type II Item 1153388--04-13 - GROUP 2 - Non -Federally Funded Projects - Sales : Metal Flasher Barricades Type III Quantity 100 each Unit Price Delivery Location City of Miami No Location Specified 4/21/2021 2:26 PM p. 20 City of Miami Solicitation 1153388 Qty 100 Description Metal Flasher Barricades Type III, pursuant to Scope of Work. The Metal Flasher Barricades Type III shall comply with the requirements of the current Manual on Uniform Traffic Control Devices (MUTCD), and Federal Highway Administration. The price is for unit. Estimated quantities only. Addendum # 1 New Title Metal Flasher Barricades Type III 4/21/2021 2:26 PM p. 21 City of Miami Solicitation 1153388 ANNIE PEREZ, CPPO Director of Procurement Tau of gtETimi ADDENDUM NO. 1 ARTHUR NORIEGA V. City Manager IFB No. 1153388 March 11, 2021 Invitation For Bid ("IFB") for Rental and Purchase of Barricades TO: ALL PROSPECTIVE BIDDERS: The following changes, additions, clarifications, and deletions amend the IFB documents of the above captioned IFB and shall become an integral part of the Contract Documents. Deletions of contract language will be specified herein. Bold words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein and reflect same on the documents you have on hand. A. Section 2.4. METHOD OF AWARD has been deleted in its entirety and is hereby replaced with the following: This Solicitation is divided into two (2) Groups: Group 1 - Federally Funded Projects; and Group 2 - Non - Federally Funded Projects. Bidders can bid on one Group or both Groups. Award of this contract will be made to the lowest responsible and responsive bidder(s), who meet Specifications, and bid on all items in the aggregate, on each subgroup (Rental and Sale) by group basis. The City shall select up to three (3) vendor(s), with the lowest deemed the "Primary Vendor" and the next lowest the "Secondary Vendor", and so on, in the order of lowest prices provided to the City. Should the "Primary Vendor" not be able to provide the item at the time needed, the City has the option to select the next lowest "Secondary Vendor" to fulfill the order and so forth. B. Group 1, Line Items 1153388--02-01, 1153388--02-02 and 1153388--02-03 have been deleted in their entirety and are hereby replaced with the following: Line: 1153388--02-01 - GROUP 1 - Federally Funded Projects - Sales: Plastic Flasher Barricades Type I Quantity: 100 each Description: Plastic Flasher Barricades Type I, pursuant to Scope of Work. The Plastic Flasher Barricades Type I shall comply with the requirements of the current Manual on Uniform Traffic Control Devices (MUTCD), and Federal Highway Administration. The price is for unit. Estimated quantities only. Bidder must upload the Certification Regarding Lobbying. 4/21/2021 2:26 PM p. 22 City of Miami Solicitation 1153388 Line: 1153388--02-02 - GROUP 1 - Federally Funded Projects - Sales: Plastic Flasher Barricades Type II Quantity: 100 each Description: Plastic Flasher Barricades Type II, pursuant to Scope of Work. The Plastic Flasher Barricades Type II shall comply with the requirements of the current Manual on Uniform Traffic Control Devices (MUTCD), and Federal Highway Administration. The price is for unit. Estimated quantities only. Bidder must upload the Certification Regarding Lobbying. Line: 1153388--02-03 - GROUP 1 - Federally Funded Projects - Sales: Plastic Flasher Barricades Type III Quantity: 100 each Description: Plastic, Flasher Barricades Type III, pursuant to Scope of Work. The Plastic Flasher Barricades Type III shall comply with the requirements of the current Manual on Uniform Traffic Control Devices (MUTCD), and Federal Highway Administration. The price is for unit. Estimated quantities only. Bidder must upload the Certification Regarding Lobbying. C. Group 1, Line Items 1153388--02-11, 1153388--02-12 and 3. 1153388--02-13 have been added: Line: 1153388--02-11 - GROUP 1 - Federally Funded Projects - Sales: Metal Flasher Barricades Type I Quantity: 100 each Description: Metal Flasher Barricades Type I, pursuant to Scope of Work. The Metal Flasher Barricades Type I shall comply with the requirements of the current Manual on Uniform Traffic Control Devices (MUTCD), and Federal Highway Administration. The price is for unit. Estimated quantities only. Bidder must upload the Certification Regarding Lobbying. Line: 1153388--02-12 - GROUP 1 - Federally Funded Projects - Sales: Metal Flasher Barricades Type II Quantity: 100 each Description: Metal Flasher Barricades Type II, pursuant to Scope of Work. The Metal Flasher Barricades Type II shall comply with the requirements of the current Manual on Uniform Traffic Control Devices (MUTCD), and Federal Highway Administration. The price is for unit. Estimated quantities only. Bidder must upload the Certification Regarding Lobbying. 2 4/21/2021 2:26 PM p. 23 City of Miami Solicitation 1153388 Line: 1153388--02-13 - GROUP 1 - Federally Funded Projects - Sales: Metal Flasher Barricades Type III Quantity: 100 each Description: Metal Flasher Barricades Type III, pursuant to Scope of Work. The Metal Flasher Barricades Type III shall comply with the requirements of the current Manual on Uniform Traffic Control Devices (MUTCD), and Federal Highway Administration. The price is for unit. Estimated quantities only. Bidder must upload the Certification Regarding Lobbying. D. Group 2, Line Items 1153388--04-01, 1153388--04-02 and 1153388--04-03 have been deleted in their entirety and are hereby replaced with the following: Line: 1153388--04-01 - GROUP 2 - Non -Federally Funded Projects - Sales: Plastic Flasher Barricades Type I Quantity: 100 each Description: Plastic Flasher Barricades Type I, pursuant to Scope of Work. The Plastic Flasher Barricades Type I shall comply with the requirements of the current Manual on Uniform Traffic Control Devices (MUTCD), and Federal Highway Administration. The price is for unit. Estimated quantities only. Line: 1153388--04-02 - GROUP 2 - Non -Federally Funded Projects - Sales: Plastic Flasher Barricades Type II Quantity: 100 each Description: Plastic Flasher Barricades Type II, pursuant to Scope of Work. The Plastic Flasher Barricades Type II shall comply with the requirements of the current Manual on Uniform Traffic Control Devices (MUTCD), and Federal Highway Administration. The price is for unit. Estimated quantities only. Line: 1153388--04-03 - GROUP 2 - Non -Federally Funded Projects - Sales: Plastic Flasher Barricades Type III Quantity: 100 each Description: Plastic Flasher Barricades Type III, pursuant to Scope of Work. The Plastic Flasher Barricades Type III shall comply with the requirements of the current Manual on Uniform Traffic Control Devices (MUTCD), and Federal Highway Administration. The price is for unit. Estimated quantities only. 3 4/21/2021 2:26 PM p. 24 City of Miami Solicitation 1153388 E. Group 2, Line Items 1153388--04-11, 1153388--04-12 and 3. 1153388--04-13 have been added: Line: 1153388--04-11 - GROUP 2 Non -Federally Funded Projects Sales: Metal Flasher Barricades Type I Quantity: 100 each Description: Metal Flasher Barricades Type I, pursuant to Scope of Work. The Metal Flasher Barricades Type I shall comply with the requirements of the current Manual on Uniform Traffic Control Devices (MUTCD), and Federal Highway Administration. The price is for unit. Estimated quantities only. Line: 1153388--04-12 - GROUP 2 - Non -Federally Funded Projects - Sales: Metal Flasher Barricades Type II Quantity: 100 each Description: Metal Flasher Barricades Type II, pursuant to Scope of Work. The Metal Flasher Barricades Type II shall comply with the requirements of the current Manual on Uniform Traffic Control Devices (MUTCD), and Federal Highway Administration. The price is for unit. Estimated quantities only. Line: 1153388--04-13 - GROUP 2 - Non -Federally Funded Projects - Sales: Metal Flasher Barricades Type III Quantity: 100 each Description: Metal Flasher Barricades Type III, pursuant to Scope of Work. The Metal Flasher Barricades Type III shall comply with the requirements of the current Manual on Uniform Traffic Control Devices (MUTCD), and Federal Highway Administration. The price is for unit. Estimated quantities only. F. The following are inquires received from Prospective Bidders and the City's corresponding responses. Q 1. Are the quantities of sale items based on estimated annual need? A 1. No, the "Number of Units" in each line is just an estimated quantity in the aggregate for the term of the contract. This is the first time that the purchase of barricades is being solicited. Q 2. Please provide some past actual work orders for both Federally funded and Non - Federally funded projects. A 2. There are no past actual work orders for Federally funded projects, however, refer to the attached Exhibit A, Non -Federally Funded Project Purchase Orders. 4 4/21/2021 2:26 PM p. 25 City of Miami Solicitation 1153388 Q 3. Please provide the bid tabulation from previous bid of the same contract. A 3. The City of Miami is currently accessing Southeast Florida Governmental Purchasing Co - Operative Group (COOP) Contract Number 12265-393. Refer to the attached Exhibit B, Contract Award. Q 4. What is the estimated annual expenditure planned for both rentals and sale items? A 4. There is no estimated annual expenditure planned for sale items. All items will be ordered on an as needed basis. For rental items, the estimated annual expenditure planned is approximately forty-two thousand dollars ($42,000.00). This value can vary during emergencies. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE IFB AND SHALL BE MADE A PART THEREOF. Annie Perez, CPPO, Director of Procurement City of Miami Procurement Department cc. Fernando Casamayor, Assistant City Manager, Chief Financial Officer Ronald L. Papier, Interim Chief of Police Yadissa A. Calderon, Assistant Director of Procurement AP:cl 5 4/21/2021 2:26 PM p. 26 EXHIBIFaA Solicitation 1153388 Clt of Miami y Purchase Order Department of Purchasing P.O. Box 330708 Miami, Florida 33233-0708 (305) 416-1922 Fax - (305) 416-1925 PURCHASE ORDER/RELEASE NUMBER 1902409 Show this number on all packages, invoices, and shipping papers. Change Number 0 Change Date �c,�� °F , : d IMCORP a;^IE^ Q 9 0 .o �`> mp. cQF ' - Page No. 1 of4 Order Date 01/18/2019 Bid/Contract Number Buyer: Victoria Giraldo Taxpayer ID Supplier No. Telephone No. City of Miami - NET - Administration 650827246 2436 305-685-6124 1- 151 NW 27th Avenue All American Barricades Corp 2300 SW 41st Avenue Fort Lauderdale, FL 33317 Miami, FL 33125 City of Miami - Finance - General Accounting 0 444 SW 2nd Ave, 6th Floor I- Miami, FL 33130 Customer Account Number m Fax - (305) 416-1987 Email - payables@miamigov.com Please also forward a copy of the invoice to the Ship To address above. Effective Start Date Effective End Date Total Agreement Limit Line Commodity Code Description/Delivery Date Qty Unit Unit Price Extended Price 1 55078-00 Crowd Control Barricades (Setup, Rental & Takedown) 1400 Each 23.00 32,200.00 2 55078-00 Lane Closure/Setup (Weekend) 22 Each 250.00 5,500.00 3 55078-00 MOT (Maintenance of Traffic Drawing) 12 Each 150.00 1,800.00 4 55078-00 MOT Rush 1 Each 350.00 350.00 5 55078-00 Type I, II Barricade (120) (Setup, Rental & Takedown) 120 Each 5.79 694.80 Total Amount: Emergency*Under the City Managers Authority. Vendor(s)shall indemnify, hold and save harmless, and defend (at its own cost and expense), the City, its officers, agents, directors, and/or employees, from all liabilities, damages, losses, judgements, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Vendor(s)and persons employed or utilized by Vendor(s)in the performance of this Contract. Vendor(s) shall further, hold the City, its officials and employees, indemnify, save and hold harmless for, and defend (at its own cost), the City its officials and/or employees against any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted Work, even if it is alleged that the City, its officials, and/or employees were negligent. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, the Vendor(s)shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The Vendor(s) expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the Vendor(s) shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate the Vendor(s) to defend, at its own expense, to and through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against the City, whether performed by the Vendor(s), or persons employed or utilized by Vendor(s). These duties will survive the cancellation or expiration of the Contract. This Section will be interpreted under the laws of the State of Florida, including 40,544.80 4/21/2021 2:26 PM p. 27 Visit our website for business oppErtklAtiMIL. www.miamigov.com/procurement Solicitation 1153388 Clt of Miami PURCHASE ORDER/RELEASE NUMBER y 1902409 Purchase Order Show this number on all packages, invoices, and shipping papers. Change Number 0 Change Date �c,�� °F , : d IIICoRa a;^I"^ Q 9 0 <> �` > . Co,Fti - Page No. Department of Purchasing 2of4 P.O. Box 330708 Miami, Florida 33233-0708 Order Date 01/18/2019 Bid/Contract Number Buyer: (305) 416-1922 Fax - (305) 416-1925 Victoria Giraldo Taxpayer ID Supplier No. Telephone No. City of Miami - NET - Administration 151 NW 27th Avenue Miami, FL 33125 650827246 2436 305-685-6124 1- All American Barricades Corp 2300 SW 41st Avenue Fort Lauderdale, FL 33317 co 0 I- City of Miami - Finance - General Accounting 444 SW 2nd Ave, 6th Floor Miami, FL 33130 Fax - (305) 416-1987 Email - payables@miamigov.com Customer Account Number m Please also forward a copy of the invoice to the Ship To address above. Effective Start Date Effective End Date Total Agreement Limit Line Commodity Code Description/Delivery Date Qty Unit Unit Price Extended Price without limitation and interpretation, which conforms to the limitations of Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended. Vendor(s) shall require all sub-Vendor(s) agreements to include a provision that each sub-Vendor(s) will indemnify the City in substantially the same language as this Section. The Vendor(s) agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Vendor(s) in which the City participated either through review or concurrence of the Vendor(s)'s actions. In reviewing, approving or rejecting any submissions by the Vendor(s)or other acts of the Vendor(s), the City, in no way, assumes or shares any responsibility or liability of the Vendor(s)or sub-Vendor(s) under this Contract. Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by the Vendor(s). FOB: Destination Requisition Number: 195708 Vendor Instructions 1. Florida Tax Exempt ID: Ship Via: Department: 231000 - Office of Management and Budget 2. Invoices: Direct Invoices in Duplicate to the address shown above. 3. Terms and conditions set forth in our Bid or Quotation and on the Payment Terms: Net 30 Contact Person: Hoffman, Crystal A reverse side hereof are incorporated herein by reference become part of this order Telephone Number: 305-416-1396 01/18/2019 Annie Perez, CPPO, Director of Procurement Date .Approved C FN/PC 506 Rev. 12/05 4/21/2021 2:26 PM p. 28 Visit our website for business opp lAti /L. www.miamigov.com/procurement Solicitation 1153388 Clt of Miami PURCHASE ORDER/RELEASE NUMBER y 2000342 Purchase Order Show this number on all packages, invoices, and shipping papers. Change Number 0 Change Date �c,�� °F , : d IIICoRa a;^IE^ Q 9 0 o �` > . Co,Fti - Page No. Department of Purchasing 1 of4 P.O. Box 330708 Miami, Florida 33233-0708 Order Date 10/21/2019 Bid/Contract Number Buyer: (305) 416-1922 Fax - (305) 416-1925 Victoria Giraldo Taxpayer ID Supplier No. Telephone No. City of Miami - District 4 Commissioner 650827246 2436 305-685-6124 1- 3500 Pan American Drive All American Barricades Corp Miami, FL 33133 2300 SW 41st Avenue co Fort Lauderdale, FL 33317 City of Miami - Finance - General Accounting 0 444 SW 2nd Ave, 6th Floor I- Miami, FL 33130 Customer Account Number m Fax - (305) 416-1987 Email - payables@miamigov.com Please also forward a copy of the invoice to the Ship To address above. Effective Start Date Effective End Date Total Agreement Limit Line Commodity Code Description/Delivery Date Qty Unit Unit Price Extended Price 1 55078-00 2 Men 1 Truck Detour Lane Closure/Set up Lump Sum Special Events Equipment. 1 Each 1,686.00 1,686.00 Total Amount: Vendor(s)shall indemnify, hold and save harmless, and defend (at its own cost and expense), the City, its officers, agents, directors, and/or employees, from all liabilities, damages, losses, judgements, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Vendor(s)and persons employed or utilized by Vendor(s)in the performance of this Contract. Vendor(s) shall further, hold the City, its officials and employees, indemnify, save and hold harmless for, and defend (at its own cost), the City its officials and/or employees against any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted Work, even if it is alleged that the City, its officials, and/or employees were negligent. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, the Vendor(s)shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The Vendor(s) expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the Vendor(s) shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate the Vendor(s) to defend, at its own expense, to and through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against the City, whether performed by the Vendor(s), or persons employed or utilized by Vendor(s). These duties will survive the cancellation or expiration of the Contract. This Section will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended. Vendor(s) shall require all sub-Vendor(s) agreements to include a provision that each sub-Vendor(s) will indemnify the City in substantially the same language as this Section. The Vendor(s) agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Vendor(s) in which the City participated either through review or concurrence of the Vendor(s)'s actions. In reviewing, approving or rejecting any submissions by the Vendor(s)or other acts of the Vendor(s), the City, in no way, assumes or shares any 1,686.00 4/21/2021 2:26 PM p. 29 Visit our website for business opp lAti /L. www.miamigov.com/procurement Solicitation 1153388 Clt of Miami PURCHASE ORDER/RELEASE NUMBER y 2000342 Purchase Order Show this number on all packages, invoices, and shipping papers. Change Number 0 Change Date �c,�� °F , : d IIICoRa a;^IE^ Q 9 0 <> 0�` > . Co,F,' - Page No. Department of Purchasing 2of4 P.O. Box 330708 Miami, Florida 33233-0708 Order Date 10/21/2019 Bid/Contract Number Buyer: (305) 416-1922 Fax - (305) 416-1925 Victoria Giraldo Taxpayer ID Supplier No. Telephone No. City of Miami - District 4 Commissioner 650827246 2436 305-685-6124 1- 3500 Pan American Drive All American Barricades Corp Miami, FL 33133 2300 SW 41st Avenue co Fort Lauderdale, FL 33317 City of Miami - Finance - General Accounting 0 444 SW 2nd Ave, 6th Floor I- Miami, FL 33130 Customer Account Number m Fax - (305) 416-1987 Email - payables@miamigov.com Please also forward a copy of the invoice to the Ship To address above. Effective Start Date Effective End Date Total Agreement Limit Line Commodity Code Description/Delivery Date Qty Unit Unit Price Extended Price responsibility or liability of the Vendor(s)or sub-Vendor(s) under this Contract. Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by the Vendor(s). FOB: Destination Requisition Number: 209737 Vendor Instructions 1. Florida Tax Exempt ID: Ship Via: Department: 231000 - Office of Management and Budget 2. Invoices: Direct Invoices in Duplicate to the address shown above. 3. Terms and conditions set forth in our Bid or Quotation and on the Payment Terms: Net 30 Contact Person: Quintana, Rachel reverse side hereof are incorporated herein by reference become part of this order Telephone Number: (305)416-1502 10/21/2019 Annie Perez, CPPO, Director of Procurement Date Approval C FN/PC 506 Rev. 12/05 4/21/2021 2:26 PM p. 30 Visit our website for business opp lAti /L. www.miamigov.com/procurement Solicitation 1153388 Clt of Miami PURCHASE ORDER/RELEASE NUMBER y 2002298 Purchase Order Show this number on all packages, invoices, and shipping papers. Change Number 0 Change Date �c,�� °F , : d IIICoRa a;^IE^ 7' 9 <> �` > . Co,Fti - Page No. Department of Purchasing 1 of 4 P.O. Box 330708 Miami, Florida 33233-0708 Order Date 01/17/2020 Bid/Contract Number Buyer: (305) 416-1922 Fax - (305) 416-1925 Victoria Giraldo Taxpayer ID Supplier No. Telephone No. City of Miami - NET - Administration 650827246 2436 305-685-6124 0 151 NW 27th Avenue All American Barricades Corp Miami, FL 33125 2300 SW 41st Avenue Fort Lauderdale, FL 33317 City of Miami - Finance - General Accounting 0 444 SW 2nd Ave, 6th Floor I- Miami, FL 33130 Customer Account Number m Fax - (305) 416-1987 Email - payables@miamigov.com Please also forward a copy of the invoice to the Ship To address above. Effective Start Date Effective End Date Total Agreement Limit Line Commodity Code Description/Delivery Date Qty Unit Unit Price Extended Price 1 55078-00 Construction Sign 400 Each 0.75 300.00 2 55078-00 Crowd Control Barricades 6400 Each 3.00 19,200.00 3 55078-00 Lane Closure/Set up (Weekend) 25 Each 200.00 5,000.00 4 55078-00 Set up of Flasher Barricades over 100 1 Each 75.00 75.00 5 55078-00 Set up of French Barricades 1600 Each 5.00 8,000.00 6 55078-00 Set up of Signs over 10 1 Each 25.00 25.00 7 55078-00 Set up of Type III Barricades 10 Each 200.00 2,000.00 8 55078-00 Take Down of French Barricades 1600 Each 5.00 8,000.00 9 55078-00 Type II Barricade (Equipment Rental) 480 Each 0.50 240.00 10 55078-00 Type III Barricade 200 Each 0.75 150.00 Total Amount: Pursuant to the Southeast Florida CoOp Barricades and Flasher Rental 12265-393, as authorized by Resolution No. 19-0451. 42,990.00 4/21/2021 2:26 PM p. 31 Visit our website for business opp lAti /L. www.miamigov.com/procurement Solicitation 1153388 Clty of Miami PURCHASE ORDER/RELEASE NUMBER 2002298 Purchase Order Show this number on all packages, invoices, and shipping papers. Change Number 0 Change Date _,,, �c,�� °F , : d IIICoRa a;^IE^ Q 9 0 <> �` > . Co,Fti - Page No. Department of Purchasing 2 of 4 P.O. Box 330708 Miami, Florida 33233-0708 Order Date 01/17/2020 Bid/Contract Number Buyer: (305) 416-1922 Fax - (305) 416-1925 Victoria Giraldo Taxpayer ID Supplier No. Telephone No. City of Miami - NET - Administration 650827246 2436 305-685-6124 1- 151 NW 27th Avenue All American Barricades Corp Miami, FL 33125 2300 SW 41st Avenue co Fort Lauderdale, FL 33317 City of Miami - Finance - General Accounting 0 444 SW 2nd Ave, 6th Floor I- Miami, FL 33130 Customer Account Number m Fax - (305) 416-1987 Email - payables@miamigov.com Please also forward a copy of the invoice to the Ship To address above. Effective Start Date Effective End Date Total Agreement Limit Line Commodity Code Description/Delivery Date Qty 1 Unit lUnit Price Extended Price FOB: Destination Requisition Number: 214655 Vendor Instructions 1. Florida Tax Exemp ID: Ship Via: Department: 231000 - Office of Management and Budget 2. Invoices: Direct Invoices in Duplicate to the address shown above. 3. Terms and conditions set forth in our Bid or Quotation and on the Payment Terms: Net 30 Contact Person: Quintana, Rachel reverse side hereof are incorporated herein by reference become part of this order Telephone Number: (305)416-1502 01/17/2020 Annie Perez, CPPO, Director of Procurement Date Approved C FN/PC 506 Rev. 12/05 4/21/2021 2:26 PM p. 32 Visit our website for business opp lAti /L. www.miamigov.com/procurement Solicitation 1153388 Cityof Miami PURCHASE ORDER/RELEASE NUMBER 2007369 Purchase Order Show this number on all packages, invoices, and shipping papers. Change Number 0 Change Date _- ��� �°F -cy ,� : d IIICoRa a;^IE^ Q 9 <> �` > . Co,Fti - Page No. Department of Purchasing 1 of 3 P.O. Box 330708 Miami, Florida 33233-0708 Order Date 09/11/2020 Bid/Contract Number Buyer: (305) 416-1922 Fax - (305) 416-1925 James Griffin Taxpayer ID Supplier No. Telephone No. City of Miami - Fire Rescue -Emergency Response 650827246 2436 305-685-6124 - 1151 NW 7TH ST. 3RD FLR All American Barricades Corp eL Miami, FL 33136 2300 SW 41st Avenue w Fort Lauderdale, FL 33317 City of Miami - Finance - General Accounting 0 444 SW 2nd Ave, 6th Floor I- Miami, FL 33130 Customer Account Number m Fax - (305) 416-1987 Email - payables@miamigov.com Please also forward a copy of the invoice to the Ship To address above. Effective Start Date Effective End Date Total Agreement Limit Line Commodity Code Description/Delivery Date Qty Unit Unit Price Extended Price 1 55078-27 Traffic Cones (1831 x 14 days) 25634 Each 0.50 12,817.00 2 55078-27 Crowd Control Barriers (French) WEEKLY PRICE (9 x 14 days) TWO WEEKS 18 Each 12.00 216.00 3 55078-27 Stop/Slow Paddles (2 x 14 days) 28 Each 2.50 70.00 Total Amount: COVID 19 - Pursuant to Coop 12265-393 Barricades and Flasher Rental, as authorized by Reso 19-0451. CORONAVIRUS - CONES NEEDED FOR MARLINS PARK OPERATIONS. TR- 8411897 Pursuant to Invoice # 00028780QB (9/03/2020) 13,103.00 FOB: Destination Requisition Number: 226961 Vendor Instructions 1. Florida Tax Exempt ID: Ship Via: Department: 184010 - Fire Rescue -Fighting 2. Invoices: Direct Invoices in Duplicate to the address shown above. 3. Terms and conditions set forth in our Bid or Quotation and on the Payment Terms: Net 30 Contact Person: Plotka, Stephanie M reverse side hereof are incorporated herein by reference become part of this order Telephone Number: 09/11/2020 Annie Perez, CPPO, Director of Procurement Date .49prov ecl C FN/PC 506 Rev. 12/05 4/21/2021 2:26 PM p. 33 City of Miami Solicitation 1153388 BY ACCEPTING THIS ORDER, VENDOR AGREES TO THE FOLLOWING TERMS AND CONDITIONS 1. ACCEPTANCE OF PURCHASE ORDER: A Purchase Order is given for immediate acceptance by the VENDOR. Unless promptly notified to the contrary, the CITY will assume the VENDOR accepts the order as written and will make delivery as specified on the document. 2. ENTIRE AGREEMENT: All specifications, drawings, and data submitted to the VENDOR with this order or the solicitation for this order are hereby incorporated herein and made a part hereof. This contract contains the entire agreement of the parties. No change in quantities, prices, specifications, terms, or shipping instructions will be allowed except on written authority of the CITY of Miami Purchasing Department. Any additional or different terms and conditions proposed by VENDOR are objected to and hereby rejected unless specifically agreed to by the CITY. 3. INDEMNIFICATION: The VENDOR hereby agrees to indemnify, save, and hold harmless the CITY from all claims, demands, liabilities, and suits of any nature whatsoever arising out of, because of, or due to the breach of the Agreement by the VENDOR, its agents or employees, or due to any act or occurrence of omission or commission of the VENDOR, its agents employees. It is specifically understood and agreed that this indemnification agreement does not cover or indemnify the CITY for its own negligence or breach of contract. 4. MODIFICATION: The CITY may by written Order, make changes in the specifications if such changes are within the general scope of the Contract. If such changes cause an increase or decrease in the VENDOR'S costs or in time required for performance of the Contract: (a) the VENDOR shall promptly notify the CITY and assert its claim for adjustment and an equitable adjustment shall be made by the CITY and the Contract modified accordingly. Nothing in this clause shall excuse the VENDOR from performing. 5. DEFAULT: Time is of the essence of this contract and if delivery of acceptable items or rendering of services is not completed by the time promised, the CITY reserves the right without liability, in addition to its other rights and remedies, to terminate this contract by notice effective when received by VENDOR; as to stated items not yet shipped or services not yet rendered, and to purchase substitute items or services elsewhere and charge the VENDOR with any and all losses incurred. 6. TRANSPORTATION CHARGES: Transportation expenses for all shipments shall be prepaid to destination. Shipments sent C.O.D. or freight collect without the CITY'S written consent will not be accepted and will, at VENDOR'S risk and expense be returned to VENDOR. No charges will be allowed by the CITY for transportation, packing, cartage or containers unless otherwise authorized in the Purchase Order. 7. UNAVOIDABLE DELAY: If the VENDOR is delayed in the delivery of goods purchased under the Purchase Order by a cause beyond its control, VENDOR must immediately upon receiving knowledge of such delay, give written notice to the CITY and request an extension of time. The CITY shall examine the request and determine if the VENDOR is entitled to an extension. 8. QUANTITY: Quantities furnished in excess of those specified in the Purchase Order will not be accepted and will be held at VENDOR'S risk and expense. 9. INSPECTION: Materials or equipment purchased are subject to inspection and approval at the CITY'S destination. The CITY reserves the right to reject and refuse acceptance of items which are not in accordance with the instructions, specifications, drawings, or data of VENDOR'S warranty (expressed or implied). Rejected materials or equipment shall be removed by, or at the expense of, the VENDOR promptly after rejection. 10. WARRANTY: The VENDOR warrants that all goods and services furnished hereunder will conform in all respects to the terms of this order, including any drawings, specifications, or standards incorporated herein, and that they will be free from latent and patent defects in materials, workmanship and title, and will be free from such defects in design. In addition, VENDOR warrants that said goods and services are suitable for, and will perform in accordance with, the purpose for which they are purchased, fabricated, manufactured and designed or for such other purposes as are expressly specified in this order. The CITY may return any nonconforming or defective items to the VENDOR or require correction or replacement of the item at the time the defect is discovered, all at the VENDOR'S risk and expense . Acceptance shall not relieve the VENDOR of its responsibility. 11. REGULATORY COMPLIANCE: VENDOR represents and warrants that the goods or services furnished hereunder (including all labels, packages, and containers for said goods) comply with all applicable standards, rules and regulations in effect under the requirements of Federal, State and local laws, including the Occupational Safety and Health Act as amended, with respect to design, construction, manufacture or use for their intended purpose of said goods or services. VENDOR shall furnish "Material Safety Data Sheets" in compliance with the Florida Right To Know Law, Florida Statutes, Chapter 442. 12. ROYALTIES AND PATENTS: VENDOR shall pay all royalties and license fees. VENDOR shall defend all suits or claims for infringement of any patent, copyright or trademark rights and shall save the CITY harmless from loss on account thereof. 13. PAYMENT: Payments will be made in accordance with the terms on the face of this order, or the VENDOR'S invoice, whichever are more favorable to the CITY and payment date therefor shall be calculated from the receipt of invoice or final acceptance of the goods, whichever is later. 14. IDENTIFICATION: Invoices in duplicate with prices set out and giving the correct Purchase Order Number must be sent to the address shown on the face of this order, otherwise payment of VENDOR'S account may be delayed. The Purchase Order Number shall appear on all invoices, boxes, packages, shipping documents and correspondence, and the list of contents shall be enclosed in each box or package. 15. TERMINATION: CITY may, at any time, terminate this order in whole or in part by written or telegraphic notice or verbal notice confirmed in writing. Upon termination for convenience of Buyer, the Buyer will assume responsibility for specific contractual or scheduled financial commitments made prior to notice of termination. Any and all services, property, publications, or materials provided during or resulting from the Contract shall become the property of the Buyer. If, however, termination is occasioned by the VENDOR'S breach of any condition hereof, including breach warranty, or by VENDOR'S delay, except due to circumstances beyond the VENDOR'S control and without VENDOR'S fault or negligence, VENDOR shall not be entitled to any claim or costs or to any profit referred to in said clause, and Buyer shall have against VENDOR all remedies provided by law and equity. 16. TAXES: CITY of Miami is exempt from State and local taxes. Exemption number is printed on the reverse side hereof. This Order shall serve as the exemption certificate. 17. LAW GOVERNING: This contract shall be governed by and construed according to the laws of the State of Florida. 18. ASSIGNMENT: Any assignment of this Purchase Order, including any performance of work hereunder, in whole or in part, or monies due hereunder, shall be void unless consented to by CITY in writing and CITY shall have no obligations to any assignee of VENDOR under any assignment not consented to in writing by THE CITY. 19. TERMS: The order total shall be paid by the CITY upon receipt of invoice from VENDOR which shall be subject to verification as to quantities and quality of goods delivered or services performed. 20. TAX: VENDOR doing business with the CITY shall not be exempt from paying sales tax to their suppliers for materials to fulfill contractual obligations with the CITY, nor shall any VENDOR be authorized to use the CITY Tax Exemption Number in acquiring such materials. 21. LOCAL RESOURCES: VENDOR shall give first priority to utilizing resources in the disaster area, including but not limited to procuring supplies and equipment, awarding sub -contracts, and employing workmen. 22. PAYMENT CHANGES: Payments will only be made to the company and address as set forth on Purchase Order unless the VENDOR has requested a change thereto on official company letterhead, signed by an authorized officer of the company. 23. UNIFORM COMMERCIAL CODE: The Uniform Commercial Code (Chapter 672, Florida Statutes) shall prevail as the basis for contractual obligations between the VENDOR and CITY for any terms and conditions not specifically stated in this Purchase Order. 24. INSURANCE: In the event that insurance is required by the CITY in connection with this Purchase Order, VENDOR shall provide an Insurance Certificate, in a form acceptable to the CITY, naming the CITY as an additional insured, as proof of compliance therewith which said certificate shall constitute part of this Purchase Order. 25. BONDING: The CITY reserves the right to require the VENDOR to post a performance and payment bond in the amount of One Hundred percent (100%) of the Purchase Order total, upon award or at such time deemed necessary by CITY. 26. NON -APPROPRIATION OF FUNDS: In the event no funds or insufficient funds are appropriated, allocated, and budgeted or are otherwise unavailable for any reason in any fiscal period or at any time for payments due under this contract/purchase order, then the City Manager or 4/21/2021 2:26 PM p. 34 Procurement Director, upon written notice to the VENDOR of such oc&itVe0iglT ii have the unqualified right to terminate the contract §RNIfit 1153388 penalty or expense to the City. The Vendor shall have no recourse from such termination except to receive undisputed payments due prior to the effective date of the termination. 4/21/2021 2:26 PM p. 35 EXHIBIT B Solicitation 1153388 Litg of 4Hiami CONTRACT AWARD Procurement Department SOUTHEAST FLORIDA GOVERNMENT PURCHASING COOP: DESCRIPTION: TERM OF CONTRACT: CONTRACT PERIOD: 12265-393 BARRICADE AND FLASHER RENTAL SUBJECT TO ANY EXTENSIONS AND/OR REPLACEMENT CONTRACTS BY THE SOUTHEAST FLORIDA GOVERNMENT PURCHASING COOP GROUP DECEMBER 2, 2019 THROUGH AUGUST 1, 2021 SECTION #1 — VENDOR AWARD All American Barricades, Corp. 2300 SW 41 st Ave. Ft. Lauderdale, FL 33317 Contact: Ali Garces Phone: 305-685-6124 Email: ali@barricades.com Pedrail Systems, LLC 7750 W. 26th Ave, Bay #5 Hialeah, FL 33016 Contact: Miguel Vila Phone: 844-473-3724 Email: miguel@pedrailsystems.com Motplans.com LLC 631 NE 45th St. Oakland Park, FL 33334 Contact: Mark Meyers Phone: 954-560-0450 Email: mark@motplans.com SECTION #2 — AWARD/BACKGROUND INFORMATION/APPLICABLE ORDINANCES/NOTES C.C. AWARD DATE: NOVEMBER 21, 2019 RESOLUTION NO: 19-0451 ANNUAL CONTRACT AMOUNT: 6492 AMENDED AMOUNT: INSURANCE REQUIREMENTS: PERFORMANCE BOND: APPLICABLE ORDINANCES: Notes: CONTRACT PERIOD: DECEMBER 2, 2019 THROUGH AUGUST 1, 2021 N/A YES N/A N/A SECTION #3 — REQUESTING DEPARTMENT CITY OF MIAMI, DEPARTMENT OF PROCUREMENT Contract Administrator: Victoria Giraldo Phone: (305) 416-1916 SECTION #4 — PROCURING AGENCY CITY OF MIAMI, DEPARTMENT OF PROCUREMENT Buyer: Victoria Giraldo Phone: (305) 416-1916 Prepared By: Aimee Gandarilla, 12/12/19 A CONTRACT AWARD SHEET INSTRUCTIONAL GUIDE TO ASSIST YOU WITH THE INFORMATION CONTAINED HEREIN IS AVAILABLE IN THE ISUPPLIER INFORMATION SECTION OF OUR WEBPAGE AT: www.miamigov.com/procurement 4/21/2021 2:26 PM p. 36 City of Miami Solicitation 1153388 Southeast Florida Governmental Purchasing Cooperative Group CONTRACT AWARD Please complete each of the applicable boxes and submit with bid documents, award notices and tabulations to Ipiper@ myboca,us for placement on the NIGP SEFL website Cooperative contract page. PAGE 1 OF 2 BID/RFP No. 12265-393 Description/Title: Barricade and Flasher Rental (Co -Op Annual Contract) Initial Contract Term: Start Date: 8/2/2019 Renewal Terms of the Contract: 2 (No. of Renewals) Renewal No. 1 Start Date: 8/2/2021 End Date: 8/1/2021 Renewal Options for One year Renewal No. 2 Start Date: 8/2/2022 Renewal No. (Period of Time) End Date: 8/1/2022 End Date: 8/1/2023 Start Date: End Date: SECTION #1 Vendor Name: Vendor Address: Contact: Phone: Cell/Pager: Website: VENDOR AWARD Vendor Name: Vendor Address: Contact: Phone: Cell/Pager: Website: VENDOR AWARD All American Barricades, Corp. 2300 SW 41 Ave, Fort Lauderdale, FL 33317 Ali Garces 305-685-6124 Pedrail Systems, LLC Fax: 754-312-5928 Email Address: ali@barricades.com FEIN: 65-0827246 7750 W 26 Ave Bay#5, Hialeah, FL 33016 Miguel Vila 844-473-3724 Fax: Email Address: miguel@pedrailsystems.com FEIN: 47-5238113 4/21/2021 2:26 PM p. 37 City of Miami PAGE 2 OF 2 Solicitation 1153388 VENDOR AWARD Vendor Name: Motplans.com LLC Vendor Address: 631 NE 45 St, Oakland Park, FL 33334 Contact: Mark Meyers Phone: 954-560-0450 Fax: 954-759-9186 Cell/Pager: Email Address: mark@motplans.com Website: FEIN: 76-0742303 VENDOR AWARD Vendor Name: Vendor Address: Contact: Phone: Cell/Pager: Website: VENDOR AWARD Fax: Email Address: FEIN: Vendor Name: Vendor Address: Contact: Phone: Fax: Cell/Pager: Email Address: Website: FEIN: SECTION #2 AWARD/BACKGROUND INFORMATION Award Date: 8/2/2019 Resolution/Agenda Item No.: 19-0533 Insurance Required: Yes X No Performance Bond Required: Yes No X SECTION #3 Agency Name: Agency Address: Agency Contact: Telephone: LEAD AGENCY City of Fort Lauderdale 100 N. Andrews Ave, Fort Lauderdale, FL 33301 Stefan Mohammed Email SMohammed@fortlauderdale.gov 954-828-5351 Fax: 954-828-5576 4/21/2021 2:26 PM p. 38 City of Miami Solicitation 1153388 AGREEMENT FOR BARRICADE AND FLASHER RENTAL (CO-OP ANNUAL CONTRACT) THIS AGREEMENT, made this 18th day of JUNE 2019, is by and between the City of Fort Lauderdale, a Florida municipality, ("City"), whose address is 100 North Andrews Avenue, Fort Lauderdale, Florida, 33301, and All American Barricades, Corp., a Florida corporation ("Contractor") whose address is 2300 SW 41st Avenue, Fort Lauderale, Florida 33317, Phone: 305-685-6124, Email: ali@barricades.com, NOW THEREFORE, for and in consideration of the mutual promises and covenants set forth herein and other good and valuable consideration, the City and the Contractor covenant and agree as follows: WITNESSETH: I. DOCUMENTS The following documents (collectively "Contract Documents") are hereby incorporated into and made part of this Agreement (Form P-0001): (1) Invitation to Bid No. 12265-393, Barricade and Flasher Rental (Co -Op Annual Contract), including any and all addenda, prepared by the City of Fort Lauderdale, ("ITB" or "Exhibit A"). (2) The Contractor's response to the ITB, dated April 25, 2019, ("Exhibit B"). All Contract Documents may also be collectively referred to as the "Documents." In the event of any conflict between or among the Documents or any ambiguity or missing specifications or instruction, the following priority is established: A. First, specific direction from the City Manager (or designee) B. Second, this Agreement (Form P-0001) dated JUNE 18 , 2019, and any attachments. C. Third, Exhibit A D. Fourth, Exhibit B H. SCOPE The Contractor shall perform the work under the general direction of the City as set forth in the Contract Documents. Unless otherwise specified herein, the ° Contractor shall perform all work identified in this Agreement. The parties agree that the scope of services is a description of Contractor's obligations and responsibilities, and is deemed to include preliminary considerations and prerequisites, and all labor, materials, equipment, and tasks which are such an inseparable part of the work described that exclusion would render performance by Contractor impractical, illogical, or unconscionable. Contractor acknowledges and agrees that the City's Contract Administrator has no authority to make changes that would increase, decrease, or otherwise modify the Scope of Services to be provided under this Agreement. CAM 19-0533 EXHIBIT 3 Page 1 of 14 4/21/2021 2:26 PM p. 39 City of Miami Solicitation 1153388 By signing this Agreement, the Contractor represents that it thoroughly reviewed the documents incorporated into this Agreement by reference and that it accepts the description of the work and the conditions under which the Work is to be performed. III. TERM OF AGREEMENT The initial contract period shall commence on August 2, 2019 and shall end on August 1, 2021. The City reserves the right to extend the contract for two additional one-year terms, providing all terms conditions and specifications remain the same, both parties agree to the extension, and such extension is approved by the City. In the event the term of this Agreement extends beyond the end of any fiscal year of City, to wit, September 30th, the continuation of this Agreement beyond the end of such fiscal year shall be subject to both the appropriation and the availability of funds IV. COMPENSATION The Contractor agrees to provide the services and/or materials as specified in the Contract Documents at the cost specified in Exhibit B. It is acknowledged and agreed by Contractor that this amount is the maximum payable and constitutes a limitation upon City's. obligation to compensate Contractor for Contractor's services related to this Agreement. This maximum amount, however, does not constitute a limitation of any sort upon Contractor's obligation to perform all items of work required by or which can be reasonably inferred from the Scope of Services. Except as otherwise provided in the solicitation, no amount shall be paid to Contractor to reimburse Contractor's expenses. V. METHOD OF BILLING AND PAYMENT Contractor may submit invoices for compensation no more often than monthly, but only after the services for which the invoices are submitted have been completed. An original invoice plus one copy are due within fifteen (15) days of the end of the month except the final invoice which must be received no later than sixty (60) days after this Agreement expires. Invoices shall designate the nature of the services performed and/or the goods provided. City shall pay Contractor within forty-five (45) days of receipt of Contractor's proper invoice, as provided in the Florida Local Government Prompt Payment Act. To be deemed proper, all invoices must comply with the requirements set forth in this Agreement and must be submitted on the form and pursuant to instructions prescribed by the City's Contract Administrator. Payment may be withheld for failure of Contractor to comply with a term, condition, or requirement of this Agreement. Notwithstanding any provision of this Agreement to the contrary, City may withhold, in whole or in part, payment to the extent necessary to protect itself from loss on account of inadequate or defective work that has not been remedied or resolved in a manner satisfactory to the City's Contract Administrator or failure to comply with this Agreement. The amount withheld shall not be subject to payment of interest by City. VI. GENERAL CONDITIONS A. Indemnification Contractor shall protect and defend at Contractor's expense, counsel being subject to the 2 CAM 19-0533 EXHIBIT 3 Page 2of14 4/21/2021 2:26 PM p. 40 City of Miami Solicitation 1153388 City's approval, and indemnify and hold harmless the City and the City's officers, employees, volunteers, and agents from and against any and all losses, penalties, fines, damages, settlements, judgments, claims, costs, charges, expenses, or liabilities, including any award of attorney fees and any award of costs, in connection with or arising directly or indirectly out of any act or omission by the Contractor or by any officer, employee, agent, invitee, subcontractor, or sublicensee of the Contractor. The provisions and obligations of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by the City Manager, any sums due Contractor under this Agreement may be retained by City until all of City's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved, and any amount withheld shall not be subject to payment of interest by City. B. Intellectual Property Contractor shall protect and defend at Contractor's expense, counsel being subject to the City's approval, and indemnify and hold harmless the City from and against any and all losses, penalties, fines, damages, settlements, judgments, claims, costs, charges, royalties, expenses, or liabilities, including any award of attorney fees and any award of costs, in connection with or arising directly or indirectly out of any infringement or allegation of infringement of any patent, copyright, or other intellectual property right in connection with the Contractor's or the City's use of any Copyrighted, patented or un-patented invention, process, article, material, or device that is manufactured, provided, or used pursuant to this Agreement. If the Contractor uses any design, device, or materials covered by letters, patent or copyright, it is mutually agreed and understood without exception that the bid prices shall include all royalties or costs arising from the use of such design, device, or materials in any way involved in the work. C. Termination for Cause The aggrieved party may terminate this Agreement for cause if the party in breach has not corrected the breach within ten (10) days after written notice from the aggrieved party identifying the breach. The City Manager may also terminate this Agreement upon such notice as the City Manager deems appropriate under the circumstances in the event the City Manager determines that termination is necessary to protect the public health or safety. The parties agree that if the City erroneously, improperly or unjustifiably terminates for cause, such termination shall be deemed a termination for convenience, which shall be effective thirty (30) days after such notice of termination for cause is provided. This Agreement may be terminated for cause for reasons including, but not limited to, Contractor's repeated (whether negligent or intentional) submission for payment of false or incorrect bills or invoices, failure to perform the Work to the City's satisfaction; or failure to continuously perform the work in a manner calculated to meet or accomplish the objectives as set forth in this Agreement. D. Termination for Convenience The City reserves the right, in its best interest as determined by the City, to cancel this contract for convenience by giving written notice to the Contractor at least thirty (30)days prior to the effective date of such cancellation. In the event this Agreement is terminated for convenience, Contractor shall be paid for any services performed to the City's satisfaction pursuant to the Agreement through the termination date specified in the written notice of termination. Contractor acknowledges and agrees that he/she/it has 3 CAM 19-0533 EXHIBIT 3 Page 3 of 14 4/21/2021 2:26 PM p. 41 City of Miami Solicitation 1153388 received good, valuable and sufficient consideration from City, the receipt and adequacy of which are hereby acknowledged by Contractor, for City's right to terminate this Agreement for convenience. E. Cancellation for Unappropriated Funds The City reserves the right, in its best interest as determined by the City, to cancel this contract for unappropriated funds or unavailability of funds by giving written notice to the Contractor at least thirty (30) days prior to the effective date of such cancellation. The obligation of the City for payment to a Contractor is limited to the availability of funds appropriated in a current fiscal period, and continuation of the contract into a subsequent fiscal period is subject to appropriation of funds, unless otherwise provided by law. F. Insurance As a condition precedent to the effectiveness of this Agreement, during the term of this Agreement and during any renewal or extension term of this Agreement, the Contractor, at the Contractor's sole expense, shall provide insurance of such types and with such terms and limits as noted below. Providing proof of and maintaining adequate insurance coverage are material obligations of the Contractor. The Contractor shall provide the City a certificate of insurance evidencing such coverage. The Contractor's insurance coverage shall be primary insurance for all applicable policies. The limits of coverage under each policy maintained by the Contractor shall not be interpreted as limiting the Contractor's liability and obligations under this Agreement. All insurance policies shall be from insurers authorized to write insurance policies in the State of Florida and that possess an A.M. Best rating of A-, VII or better. All insurance policies are subject to approval by the City's Risk Manager. The coverages, limits, and endorsements required herein protect the interests of the City, and these coverages, limits, and endorsements may not be relied upon by the Contractor for assessing the extent or determining appropriate types and limits of coverage to protect the Contractor against any loss exposure, whether as a result of this Agreement or otherwise. The requirements contained herein, as well as the City's review or acknowledgement, are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the Contractor under this Agreement. The following insurance policies and coverages are required: Commercial General Liability Coverage must be afforded under a Commercial General Liability policy with limits not less than: • $1,000,000 each occurrence and $2,000,000 aggregate for Bodily Injury, Property Damage, and Personal and Advertising Injury • $1,000,000 each occurrence and $2,000,000 aggregate for Products and Completed Operations Policy must include coverage for Contractual Liability and Independent Contractors. The City and the City's officers, employees, and volunteers are to be covered as additional insureds with a CG 20 26 04 13 Additional Insured — Designated Person or Organization Endorsement or similar endorsement providing equal or broader Additional Insured Coverage with respect to liability arising out of activities performed by or on behalf of the 4 CAM 19-0533 EXHIBIT 3 Page 4 of 14 4/21/2021 2:26 PM p. 42 City of Miami Solicitation 1153388 Contractor. The coverage shall contain no special limitation on the scope of protection afforded to the City or the City's officers, employees, and volunteers. Business Automobile Liability Coverage must be afforded for all Owned, Hired, Scheduled, and Non -Owned vehicles for Bodily Injury and Property Damage in an amount not less than $1,000,000 combined single limit each accident. If the Contractor does not own vehicles, the Contractor shall maintain coverage for Hired and Non -Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy. Workers' Compensation and Employer's Liability Coverage must be afforded per Chapter 440, Florida Statutes. Any person or entity performing work for or on behalf of the City must provide Workers' Compensation insurance. Exceptions and exemptions will be allowed by the City's Risk Manager, if they are in accordance with Florida Statute, The Contractor waives, and the Contractor shall ensure that the Contractor's insurance carrier waives, all subrogation rights against the City and the City's officers, employees, and volunteers for all losses or damages. The City requires the policy to be endorsed with WC 00 03 13 Waiver of our Right to Recover from Others or equivalent. The Contractor must be in compliance with all applicable State and federal workers' compensation laws, including the U.S. Longshore Harbor Workers' Act and the Jones Act, if applicable. Insurance Certificate Requirements a. The Contractor shall provide the City with valid Certificates of Insurance (binders are unacceptable) no later than thirty (30) days prior to the start of work contemplated in this Agreement. b. The Contractor shall provide to the City a Certificate of Insurance having a thirty (30) day notice of cancellation; ten (10) days' notice if cancellation is for nonpayment of premium. c. In the event that the insurer is unable to accommodate the cancellation notice requirement, it shall be the responsibility of the Contractor to provide the proper notice. Such notification will be in writing by registered mail, return receipt requested, and addressed to the certificate holder. d. In the event the Agreement term goes beyond the expiration date of the insurance policy, the Contractor shall provide the City with an updated Certificate of Insurance no later than ten (10) days prior to the expiration of the insurance currently in effect. The City reserves the right to suspend the Agreement until this requirement is met. e. The Certificate of Insurance shall indicate whether coverage is provided under a claims -made or occurrence form. If any coverage is provided on a claims -made form, the Certificate of Insurance must show a retroactive date, which shall be the effective date of the initial contract or prior. f. The City shall be named as an Additional Insured on all liability policies, with the exception of Workers' Compensation. g. The City shall be granted a Waiver of Subrogation on the Contractor's Workers' Compensation insurance policy. h. The title of the Agreement, Bid/Contract number, event dates, or other identifying reference must be Listed on the Certificate of Insurance. 5 CAM 19-0533 EXHIBIT 3 Page 5 of 14 4/21/2021 2:26 PM p. 43 City of Miami Solicitation 1153388 .The Certificate Holder should read as follows: City of Fort Lauderdale 100 N. Andrews Avenue Fort Lauderdale, FL 33301 The Contractor has the sole responsibility for the payment of all insurance premiums and shall be fully and solely responsible for any costs or expenses as a result of a coverage deductible, co-insurance penalty, or self -insured retention; including any loss not covered because of the operation of such deductible, co-insurance penalty, self -insured retention, or coverage exclusion or limitation. Any costs for adding the City as an Additional Insured shall be at the Contractor's expense. If the Contractor's primary insurance policy/policies do not meet the minimum requirements, as set forth in this Agreement, the Contractor may provide evidence of an Umbrella/Excess insurance policy to comply with this requirement. The Contractor's insurance coverage shall be primary insurance as applied to the City and the City's officers, employees, and volunteers. Any insurance or self-insurance maintained by the City covering the City, the City's officers, employees, or volunteers shall be ndn- contributory. Any exclusion or provision in the insurance maintained by the Contractor that excludes coverage for work contemplated in this Agreement shall be unacceptable and shall be considered breach of contract. All required insurance policies must be maintained until the contract work has been accepted by the City, or until this Agreement is terminated, whichever is later. Any lapse in coverage shall be considered breach of contract. In addition, Contractor must provide to the City confirmation of coverage renewal via an updated certificate should any policies expire prior to the expiration of this Agreement. The City reserves the right to review, at any time, coverage forms and limits of Contractor's insurance policies. The Contractor shall provide notice of any and all claims, accidents, and any other occurrences associated with this Agreement shall be provided to the Contractor's insurance company or companies and the City's Risk Management office as soon as practical. It is the Contractor's responsibility to ensure that any and all of the Contractor's independent contractors and subcontractors comply with these insurance requirements. All coverages for independent contractors and subcontractors shall be subject to all of the applicable requirements stated herein. Any and all deficiencies are the responsibility of the Contractor. G. Environmental, Health and Safety Contractor shall place the highest priority on health and safety and shall maintain a safe working environment during performance of the work. Contractor shall comply, and shall secure compliance by its employees, agents, and subcontractors, with all applicable environmental, health, safety and security laws and regulations, and performance conditions in this Agreement. Compliance with such requirements shall represent the minimum standard required of Contractor. Contractor shall be responsible for examining all requirements and determine whether additional or more stringent environmental, health, safety and security provisions are required for the work. Contractor agrees to 6 CAM 19-0533 EXHIBIT 3 Page 6 of 14 4/21/2021 2:26 PM p. 44 City of Miami Solicitation 1153388 utilize protective devices as required by applicable laws, regulations, and any industry or Contractor's health and safety plans and regulations, and to pay the costs and expenses thereof, and warrants that all such persons shall be fit and qualified to carry out the Work. H. Standard of Care Contractor represents that he/she/it is qualified to perform the work, that Contractor and his/her/its subcontractors possess current, valid state and/or local licenses to perform the Work, and that their services shall be performed in a manner consistent with that level of care and skill ordinarily exercised by other qualified contractors under similar circumstances. I. Rights in Documents and Work Any and all reports, photographs, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of City; and Contractor disclaims any copyright in such materials. In the event of and upon termination of this Agreement, any reports, photographs, surveys, and other data and documents prepared by Contractor, whether finished or unfinished, shall become the property of City and shall be delivered by Contractor to the City's Contract Administrator within seven (7) days of termination of this Agreement by either party. Any compensation due to Contractor shall be withheld until Contractor delivers all documents to the City as provided herein. J. Audit Right and Retention of Records City shall have the right to audit the books, records, and accounts of Contractor and Contractor's subcontractors that are related to this Agreement. Contractor shall keep, and Contractor shall cause Contractor's subcontractors to keep, such books, records, and. accounts as may be necessary in order to record complete and correct entries related to this Agreement. All books, records, and accounts of Contractor and Contractor's subcontractors shall be kept in written form, or in a form capable of conversion into written form within a reasonable time, and upon request to do so, Contractor or Contractor's subcontractor, as applicable, shall make same available at no cost to City in written form. Contractor and Contractor's subcontractors shall preserve and make available, at reasonable times for examination and audit by City in Broward County, Florida, all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for the required retention period of the Florida public records law, Chapter 119, Florida Statutes, as may be amended from time to time, if applicable, or, if the Florida Public Records Act is not applicable, for a minimum period of three (3) years after termination of this Agreement. If any audit has been initiated and audit findings have not been resolved at the end of the retention period or three (3) years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. If the Florida public records law is determined by City to be applicable to Contractor and Contractor's subcontractors' records, Contractor and Contractor's subcontractors shall comply with all requirements thereof; however, Contractor and Contractor's subcontractors shall violate no confidentiality or non -disclosure requirement of either federal or state law. Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for City's disallowance and recovery of any payment upon such entry. Contractor shall, by written contract, require Contractor's subcontractors to agree to the requirements and obligations of this Section. 7 CAM 19-0533 EXHIBIT 3 Page 7 of 14 4/21/2021 2:26 PM p. 45 City of Miami Solicitation 1153388 The Contractor shall maintain during the term of the contract all books of account, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. K. PubIic Entity Crime Act Contractor represents that the execution of this Agreement will not violate the Public Entity Crime Act, Section 287,133, Florida Statutes, as, may be amended from time to time, which essentially provides that a person or affiliate who is a contractor, consultant, or other provider and who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to City, may not submit a bid on a contract with City for the construction or repair of a public building or public work, may not submit bids on leases of real property to City, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with City, and may not transact any business with City in excess of the threshold amount provided in Section 287.017, Florida Statutes, as may be amended from time to time, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section shall result in termination of this Agreement and recovery of all monies paid by City pursuant to this Agreement, and may result in debarment from City's competitive procurement activities. L. Independent Contractor Contractor is an independent contractor under this Agreement. Services provided by Contractor pursuant to this Agreement shall be subject to the supervision of the Contractor. In providing such services, neither Contractor nor Contractor's agents shall act as officers, employees, or agents of City. No partnership, joint venture, or other joint relationship is created hereby. City does not extend to Contractor or Contractor's agents any authority of any kind to bind City in any respect whatsoever. M. Inspection and Non -Waiver Contractor shall permit the representatives of CITY to inspect and observe the Work at all times. The failure of the City to insist upon strict performance of any other terms of this Agreement or to exercise any rights conferred by this Agreement shall not be construed by Contractor as a waiver of the City's right to assert or rely on any such terms or rights on any future occasion or as a waiver of any other terms or rights. N. Assignment and Performance Neither this Agreement nor any right or interest herein shall be assigned, transferred, or encumbered without the written consent of the other party, In addition, Contractor shall not subcontract any portion of the work required by this Agreement, except as provided in the Schedule of Subcontractor Participation. City may terminate this Agreement, effective immediately, if there is any assignment, or attempted assignment, transfer, or encumbrance, by Contractor of this Agreement or any right or interest herein without City's written consent. Contractor represents that each person who will render services pursuant to this Agreement is duly qualified to perform such services by all appropriate governmental 8 CAM 19-0533 EXHIBIT 3 Page 8 of 14 4/21/2021 2:26 PM p. 46 City of Miami Solicitation 1153388 authorities, where required, and that each such person is reasonably experienced and skilled in the area(s) for which he or she will render his or her services. Contractor shall perform Contractor's duties, obligations, and services under this Agreement in a skillful and respectable manner. The quality of Contractor's performance and all interim and final product(s) provided to or on behalf of City shall be comparable to the best local and national standards. In the event Contractor engages any subcontractor in the performance of this Agreement, Contractor shall ensure that all of Contractor's subcontractors perform in accordance with the terms and conditions of this Agreement. Contractor shall be fully responsible for all of Contractor's subcontractors' performance, and liable for any of Contractor's subcontractors' non-performance and all of Contractor's subcontractors' acts and omissions. Contractor shall defend at Contractor's expense, counsel being subject to City's approval or disapproval, and indemnify and hold City and City's officers, employees, and agents harmless from and against any claim, lawsuit, third party action, fine, penalty, settlement, or judgment, including any award of attorney fees and any award of costs, by or in 'favor of any of Contractor's subcontractors for payment for work performed for City by any of such subcontractors, and from and against any claim, lawsuit, third party action, fine, penalty, settlement, or judgment, including any award of attorney fees and any award of costs, occasioned by or arising out of any act or omission by any of Contractor 's subcontractors or by any of Contractor's subcontractors' officers, agents, or employees. Contractor's use of subcontractors in connection with this Agreement shall be subject to City's prior written approval, which approval City may revoke at any time. O. Conflicts Neither Contractor nor any of Contractor's employees shall have or hold any continuing or frequently recurring employment or contractual relationship that is substantially antagonistic or incompatible with Contractor's loyal and conscientious exercise of judgment and care related to Contractor's performance under this Agreement. Contractor further agrees that none of Contractor's officers or employees shall, during the term of this Agreement, serve as an expert witness against City in any legal or administrative proceeding in which he, she, or Contractor is not a party, unless compelled by court process. Further, Contractor agrees that such persons shall not give sworn testimony or issue a report or writing, as an expression of his or her expert opinion, which is adverse or prejudicial to the interests of City in connection with any such pending or threatened legal or administrative proceeding unless compelled by court process. The limitations of this section shall not preclude Contractor or any persons in any way from representing themselves, including giving expert testimony in support thereof, in any action or in any administrative or legal proceeding. In the event Contractor is permitted pursuant to this Agreement to utilize subcontractors to perform any services required by this Agreement, Contractor agrees to require such subcontractors, by written contract, to comply with the provisions of this section to the same extent as Contractor. P. Schedule and Delays Time is of the essence in this Agreement. By signing, Contractor affirms that it believes the schedule to be reasonable; provided, however, the parties acknowledge that the schedule might be modified as the City directs. 9 CAM 19-0533 EXHIBIT 3 Page 9 of 14 4/21/2021 2:26 PM p. 47 City of Miami . Solicitation 1153388 Q. Materiality and Waiver of Breach City and Contractor agree that each requirement, duty, and obligation set forth herein was bargained for at arm's-length and is agreed to by the parties in exchange for quid pro quo, that each is substantial and important to the formation of this Agreement and that each is, therefore, a material term hereof. City's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. R. Compliance With Laws Contractor shall comply with all applicable federal, state, and local laws, codes, ordinances, rules, and regulations in performing Contractor's duties, responsibilities, and obligations pursuant to this Agreement. S. Severance In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, the provisions not having been found by a court of competent jurisdiction to be invalid or unenforceable shall continue to be effective. T. Limitation of Liability The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability for any cause of action for money damages due to an alleged breach by the City of this. Agreement, so that its liability for any such breach never exceeds the sum of $1,000. Contractor hereby expresses its willingness to enter into this Agreement with Contractor's recovery from the City for any damage action for breach of contract or for any action or claim arising from this Agreement to be limited to a maximum amount of $1,000 less the amount of all funds actually paid by the City to Contractor pursuant to this Agreement. Accordingly, and notwithstanding any other term, or condition of this Agreement, Contractor hereby agrees that the City shall not be liable to Contractor for damages in an amount in excess of $1,000 which amount shall be reduced by the amount actually paid by the City to Contractor pursuant to this Agreement, for any action for breach of contract or for any action or claim arising out of this Agreement. Nothing contained in this paragraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon City's liability as set forth in Section 768.28, Florida Statutes. U. Jurisdiction, Venue, Waiver, Waiver of Jury Trial This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Venue for any lawsuit by either party against the other party or otherwise arising out of this Agreement, and for any other legal proceeding, shall be in the Seventeenth Judicial Circuit in and for Broward County, Florida, or in the event of federal jurisdiction, in the Southern District of Florida, Fort Lauderdale Division. In the event Contractor is a corporation organized under the laws of any province of Canada or is a Canadian federal corporation, the City may enforce in the United States of 10 CAM 19-0533 EXHIBIT 3 Page 10 of 14 4/21/2021 2:26 PM p. 48 City of Miami Solicitation 1153388 America or in Canada or in both countries a judgment entered against the Contractor, The Contractor waives any and all defenses to the City's enforcement in Canada of a judgment entered by a court in the United States of America. V. Amendments No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the Mayor -Commissioner and/or City Manager, as determined by City Charter and Ordinances, and Contractor or others delegated authority to or otherwise authorized to execute same on their behalf. W. Prior Agreements This document represents the final and complete understanding of the parties and incorporates or supersedes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein, The parties agree that there is no commitment, agreement, or understanding concerning the subject matter of this Agreement that is not contained in this written document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representation or agreement, whether oral or written. X. Payable Interest Except as required and provided for by the Florida Local Government Prompt Payment Act, City shall not be liable for interest for any reason, whether as prejudgment interest or for any other purpose, and in furtherance thereof Contractor waives, rejects, disclaims and surrenders any and all entitlement it has or may have to receive interest in connection with a dispute or claim based on or related to this Agreement, Y. Representation of Authority Each individual executing this Agreement on behalf of a party hereto hereby represents and warrants that he or she is, on the date he or she signs this Agreement, duly authorized by all necessary and appropriate action to execute this Agreement on behalf of such party and does so with full legal authority. Z. Uncontrollable Circumstances ("Force Majeure"' The City and Contractor will be excused from the performance of their respective obligations under this agreement when and to the extent that their performance is delayed or prevented by any circumstances beyond their control including, fire, flood, explosion, strikes or other labor disputes, act of God or public emergency; war, riot, civil commotion, malicious damage, act or omission of any governmental authority, delay or failure or shortage of any type of transportation, equipment, or service from a public utility needed for their performance, provided that: 1. The non performing party gives the other party prompt written notice describing the particulars of the Force Majeure including, but not limited to, the nature of the occurrence and its expected duration, and continues to furnish timely reports with respect thereto during the period of the Force Majeure; 11 CAM 19-0533 EXHIBIT 3 Page 11 of 14 4/21/2021 2:26 PM p. 49 City of Miami Solicitation 1153388 2. The excuse of performance is of no greater scope and of no longer duration than is required by the Force Majeure; 3. No obligations of either party that arose before the Force Majeure causing the excuse of performance are excused as a result of the Force Majeure; and 4. The nonperforming party uses its best efforts to remedy its inability to perform. Notwithstanding the above, performance shall not be excused under this Section for a period in excess of two (2) months, provided that in extenuating circumstances, the City may excuse performance for a longer term. Economic hardship of the Contractor will not constitute Force Majeure. The term of the agreement shall be extended by a period equal to that during which either party's performance is suspended under this Section. AA. Scrutinized Companies The Contractor certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes (2018), and that it is not engaged in a boycott of Israel. The City may terminate this Agreement at the City's option if the Contractor is found to have submitted a false certification as provided under subsection (5) of section 287.135, Florida Statutes (2018), as may be amended or revised, or been placed on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes (2018), as may be amended or revised, or is engaged in a boycott of Israel. BB. Public Records IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT CITY CLERK'S OFFICE, 100 N. ANDREWS AVENUE, FORT LAUDERDALE, FLORIDA, 33301, PHONE: 954-828-5002, EMAIL: PRRCONTRACT@FORTLAUDERDALE.GOV. Contractor shall comply with public records laws, and Contractor shall: 1. Keep and maintain public records required by the City to perform the service. 2. Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes (2018), as may be amended or revised, or as otherwise provided by law. 12 CAM 19-0533 EXHIBIT 3 Page 12 of 14 4/21/2021 2:26 PM p. 50 City of Miami Solicitation 1153388 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the City. 4. Upon completion of the Contract, transfer, at no cost, to the City all public records in possession of the Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the Contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. CC. Non -Discrimination The Contractor shall not, in any of its activities, including employment, discriminate against any individual on the basis of race, color, national origin, religion, creed, sex, disability, sexual orientation, gender, gender identity, gender expression, or marital status. 1. The Contractor certifies and represents that it will comply with Section 2-187, Code of Ordinances of the City of Fort Lauderdale, Florida, (2019), as may be amended or revised, ("Section 2-187). 2. The failure of the Contractor to comply with Section 2-187 shall be deemed to be a material breach of this Agreement, entitling the City to pursue any remedy stated below or any remedy provided under applicable law. 3. The City may terminate this Agreement if the Contractor fails to comply with Section 2-187. 4. The City may retain all monies due or to become due until the Contractor complies with Section 2-187. 5. The Contractor may be subject to debarment or suspension proceedings. Such proceedings will be consistent with the procedures in section 2-183 of the Code of Ordinances of the City of Fort Lauderdale, Florida. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 13 CAM 19-0533 EXHIBIT 3 Page 13 of 14 4/21/2021 2:26 PM p. 51 City of Miami Solicitation 1153388 IN WITNESS WHEREOF, the City and the Contractor execute this Contract as follows: ATTEST: Jeffrey A. Modarel.i,�City Clerk WITNESSES: Si na are P c o'(dc'0a Oa/HQ, rint N me SignatureKQ rb i 4'v% ldfo} 1 Print Name (CORPORATE SEAL) CITY O s F LAUDERDALE By: Christoph City Mana Approved as to form: ICMA-CM Assistant City Attorney STATE OF F i.oYc J COUNTY OF Y 7 W t rc4 The foregoing instrument was acknowledged before me this f c`; 1' )day of , 2019, by Ruben G. Santos as pr si r ent for ALL AMERICAN BARRICADES, CORP., a Florida corporation. (SEAL) Notary Publi Publlo State of Florida (Print, Typ:, ; a p a `"'thiftilVdai T1e Notary Pu • Aa ode Expires 09/04/2021 Personally Known/ OR Produced Identification Type of Identification Produced 14 CAM 19-0533 ExHIBrr 3 Page 14 of 14 4/21/2021 2:26 PM p. 52 Solicitation 1153388 12265-393 City of Miami City of Fort Lauderdale EXHIBIT B Ti sr4 All American Barricades �dR•�;ear.?d �f";fiiiJ>; cl'alii Unit Price Qty/Unit 12265.393--01.02 Flasher Barricades, Supplier Type II Product Code: First Offer - $0.50 1 /day $0.50 Y ? '2S'k "P13 T- , I ❑ �, :i k +e ia33 i}i) '11117, ,., it +1::C.,'SS 4C`k.,.. (n 99'} ��t . [ .; l tt�! Iyr, :;, ii.j.t,t 1. itfiE �. ,IJ,"�t fi FV,Irt NI ilgi. v: S• t ai 3 5 i i'r. , 34 3, -!E U. Ett Pr',�3i •,.... Ir t �p d3�3 S)�pp�� �• f•. lE ' 3• , �St , tj{ Il `�r1)i'�ii y k rir s �f 'r �e d 1 5(f�j�y..f. PITS 1"Pt' .. iY !::¢! ..{ . 3 ,: : it S (:� t t i �2 a! Yi �[ i t 8er6oNs�r,f, t f,r �,j'�i� - •3,n- �l' " .< E f; , •.,tS;iiir. a4! di f.} t. " tf;ls , :{ I r.+.: ; fdii t. . ea k : •: fift•ik{: ts. ti `�}ff )1 .� : i I �. i'r ,:, . t,. !nii°•,1 K .t).. N { .S 1.E.. �I . i . ) E' F•; '� . ' )v ii Si. 2i3•k.'i ,}. .��� " t±''f. , fr.. ' i,,� �•�f �'�rl; n i. •ri �i. y .11 ;¢¢fl '071E§• iy) ";l�j�• o ,i. ;)E, f �• -: 9_. i ��' a : gf �). �M.q�]j4yY7��h�[( � i.. ::. rj• o r� yyy{fff' i: >sjt'! Ft•� lit { f.[iz{�. i��{X ..7itt�)i;�i's3.i�[,,;Y.l �i .}.), 1'�{{�Jpj(j F[ E �q9. S �t .�4[ ()i i o .. �i 'i ('I/ ,.�t,�3 tp-. `.�r ;. 1!§ t � '�) !i) . i t. {t {_.L'xb :� pi P §3,1 :{'"f %1 ..b RtA.�j213i411B {L[ti�. a b' 41 � t:l�. P� f..ti `{�N .n >�"(jf )' f� fiFi fiL� fiYvlEv3:>,11J..a41�SYSl �jyj]G� fi t7y q cil` i' �I ,6t Lt i'F.H !(•,)�j{{{ lift 1?itJil ii (ey'y I, f#I:�tif .�'14fvi�:� 211; I�ill iSS I ill ft NO if`.:F 2 is liL':tll1i^-. 7J� LtJ 12265-393--01-04 Warning & Regulatory Signs Supplier Product Code: First Offer - $0.75 1 /day $0.75 Y 12265-393--01.08 Traffic Cones, 36 inch pi'•i!{§` tip 2 •4 }rl.p)SIiF-e�N'`hr�; ik E. } r 1. °(ia#s : �I. E c! glif EE§i§m,, �aa7 I' i s , t i'Ft��tr3i. F-t�t(i�;�ttq�.hr`E6{.ISs,. i 9! S"i^'•'. i•L'}r' ! j ft Ei . i�•4ir ° : j {11,, , :. j}ri, ' Pi „rE;. 2� i Ff ,It �'! i, a .1 ,:af ��i� 3 i<�a i T a`•t S S G P7 G BiS r; i �E { : E ':'!{i.. �11 [g�g f' �' L"n E �< Y .i lure iswr S ll 6 t t;�• il E fJ•'a i'I)1t I ,!:} pl { 4' r3.5� ( i; t',?�`g t `'"i��E-�; {pp, iisi } i ti7q {iy� �° jjy a !il i? 2 p 3I' 'Y.; § t ( �. e ?e4 � 3� �i`•! };ik S Y{:. ' ! y ': 1. ,. i.; •> u1 t. 6r � �.�',. '' ,ii•:Fl k h 1tn {yf . �. f. }` {t�;�{ .£t(t��ip5}� (r, t t( ti 3x"l ria ( y��t;r;., % f ,, .tij l I b' {": :!�} �..-q i�ott' dF ) t, ��`}E, fls. ' . ti�b ! 1 �} � y�i ! (F a.,: ti �„ }� a S r 4 . •. N • ��• id ', �qq i T.:•y) , � ;: ' f(: {� �{�il s a )i -,�Ys 0f°•.tt ,} E 9{, r: i : c j E f.Y .. I� 1 4 ..is :�.jYjfr�:,i(. C... . �,. �:mvth.����>?ite!'�Ef;�lll��ttft{�tr`3r:�i�. .i„ S }?',d }I'X{ 4t. ?. ;j . q �i•}� t•{i 1 -g l.(i�{ISi'L•itic;��4ilAt{�J:Ia�I��:�SE'P">�3[iz!i�.U�'I.J4�i3�•n�lkil�E�i�Y�i5zl'z� L^§rxiiaS&.�§s��IEiIiLi;2�i�'rv��"3Eixi it ,f. ,)fli d9h�.'' �'1'�k-�3� 'i r•�[it� 12265-393--01-10 French Barricades 6 tnEi;'9�!iL di ilig 12265-393--01-12 Traffic Barriers Supplier First Offer - $4.00 1 /day Product Code: EE6 (j 9 f § 1tE� ,s !r�sE rc§#�i:idir iiii �i Yi.tif� aj�iTtiii t�9( P� lir( 10:t tRif, 'I'T't ' � � $,y �j � aEitf ;il:til� a4E,i .3 iiUt�ut}d'.i�li.I,L�� 4'�l.trfE��kA!"A��Y��{.4�hfwlk7:Ri!:.1 N)� SI . f1�.5�hi<•T;)IL'�t!�inF JSi � �§�3 it f�u�: , �: 4/29/2019 4/21/2021 2:26 PM BidSync p. 27 p. 53 City of Miami City of Fort Lauderdale Solicitation 1153388 12265-393 Toro 3 rti PEt EIti J I i s i tF El1 { i'.• e i (fl e } �tt,.e,- �rzt�+ x 9 - f $ EI s i�{ ES !.a t>.+.,.1 iEv$t, oNllEriie.�w rr a 1111p, iiiE: dlx�rij. i3El W EiAE� � j i� Ji!a11,,,fic���E.•.k. EIa,,;,�Ei(�Y,'si��f�laaf�:�!.}L,l-,!3d�! 1�. 12265-393--01-14 Barrier (Caution) Supplier Tape (300'Rolls) Product Code: 12265-393--01-16 Optional Set-up Services, Flasher Barricades 21.50 Y 12265.393--01-18 Op Tonal Setup flu Services, Signs Over Product 10 Code: taE�S'i}9i9�;t�i 12265-393--01.22 Optional Services, MOT Drawing/Permit .f..a,.4l Supplier Sery ces, Flasher Product Barricades Over 100 Code: tati �;? 1 H �` 111111t�i's�3 111 fEsi liEj'!}Ek%,E u I ' . 1• a.i., ii... §E..I,.ti.3ftF3:ua.,n. ,n.. 13 a �,...Ee3c ta>_t c . a:a First Offer - $5.00 1 / roll l $5.00 _ Y First Offer - $75.00 1 /lot $75,00 �.i it Y • map, p'�, , . t.. � �% ,�j� �s..t 77 tE,..! ;ui t• .. ;�gz=r � ;l. ]r+'i.E ;E �f '�.. 4��15' t, j . �K J! €� ;� :. Eli 'Vt [=!n�E { t' . z (EEnl: /'+� .. , , '� t • .. i t(ftty Ai`�'F,iw,,fyS t . ,. r E TOM y, r ISi3,:S l ' . ! }' i }Yr i 6 9[ , �l � a�� r . _ . , .; �� l!��qqtt [pp�� � •'r ? i •t j� .: . 1 Y. ^f }1. 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EE ,.3 'ti, 3 '� lE . • .�i,E7 �a4;�� ���Paf 'li...9e„ �j qyy��S�,! 4= a � ((�� 3?1}. 1 I 5 u-bb a S I % E E' ��L}}+. .:: ;i ti: f' • S3 E' E f S }..E ! _. •j: , r f :j• • y, E�3 a+:�''�',. �4 t !i },le' j . c .I' I_.!'t t' iL �yti, �94� '' • f` {E 3El f - ' .. t.: �y . ; c • . t'3' 11 �e`t lik -t ,� R kt .S:j It 3j,rse )E(� p{lEpzE[ 7 I}�' 14 fi t,,.. �< f a Vk }t, ( 3 : "fppf. 35�"Ix 7St p� . . >�<f6 t),.Ip d'41dQi.4(U. .:i, a 4E ee. 1'iJf(pi�l I`E�i:.��19Fi»•k7Ea� i EES:! E', 2° tit �i:� SS i EFn.ESLl.YaSn .lv:j# �11 .i. il� Edi j.�Lleu4f�}II{E . , i..�r�Q. G�E.�t� I.i.V�AYfi Iif73.fi.? o rl�k�iRlti:3;Enf ��i� 11i1��iEt�1.15F��1]L���� � First Offer - $25.00 1 /lot Pi i(ihtsll➢ is $25.00 if Supplier Total $581 76 YiIAVIiIlliliNNNOY�•. JaA4 ...,£:P.(I4 MIN,. 1. •V N.�.li..0 VaAf4PJI0�iN.LI�,A4. AVANA.u41•.10 pppif,llA]eNA1W....IhV..P1VINVNNIF,Nf£V 4/29/2019 BldSync p. 28 4/21/2021 2:26 PM p. 54 City of Miami Solicitation 1153388 City of Fort Lauderdale 12265-393 BID/PROPOSAL CERTIFICATION Please Note: If responding to this solicitation through BldSync, the electronic version of the bid response will prevail, unless a paper version is clearly marked by the bidder in some manner to indicate that it will supplant the electronic version. All fields below must be completed. If the field does not apply to you, please note N/A in that field. If you are a foreign corporation, you may be required to obtain a certificate of authority from the department of state, in accordance with Florida Statute §607.1501 (visit http://www.dos.state.fl.us/), Company: (Legal Registration) All American Barricades Address: 2300 SW 41 Ave City: ft IauderdaleState: FloridaZip: 33317 Telephone No. 7543125100FAX No. Email: AAB Delivery: Calendar days after receipt of Purchase Order (section 1.02 of General Conditions):.1 Total Bid Discount (section 1.05 of General Conditions): 0 Does your firm qualify for MBE or WBE status (section 1.09 of General Conditions): MBE Q WBE 0 ADDENDUM ACKNOWLEDGEMENT • Proposer acknowledges that the following addenda have been received and are included in the proposal: Addendum No. Date Issued Addendum No. Date Issued Addendum No. Date Issued VARIANCES: If you take exception or have variances to any term, condition, specification, scope of service, or requirement in this competitive solicitation you must specify such exception or variance in the space provided below or reference in the space provided below all variances contained on other pages within your response. Additional pages may be attached if necessary. No exceptions or variances will be deemed to be part of the response submitted unless such is listed and contained in the space provided below. The City does not, by virtue of submitting a variance, necessarily accept any variances. If no statement is contained in the below space, it is hereby implied that your response is In full compliance with this competitive solicitation. If you do not have variances, simply mark N/A. If submitting your response electronically through BIDSYNC you must also click the "Take Exception" button. The below signatory hereby agrees to furnish the following article(s) or services at the price(s) and terms stated subject to all instructions, conditions, specifications addenda, legal advertisement, and conditions contained in the bid/proposal. I have read all attachments including the specifications and fully understand what is required. By submitting this signed proposal I will accept a contract if approved by the City and such acceptance covers all terms, conditions, and specifications of this bid/proposal. The below signatory also hereby agrees, by virtue of submitting or attempting to submit a response, that in no event shall the City's liability for respondent's direct, indirect, incidental, consequential, special or exemplary damages, expenses, or lost profits arising out of this competitive solicitation process, including but not limited to public advertisement, bid conferences, site visits, evaluations, oral presentations, or award proceedings exceed the amount of Five Hundred Dollars ($500,00). This limitation shall not apply to claims arising under any provision of indemnification or the City's protest ordinance contained in this competitive solicitation. 4/29/2019 BldSync p. 40 4/21/2021 2:26 PM p. 55 City of Miami Solicitation 1153388 City of Fort Lauderdale 12265-393 Submitted by: Ruben Santos Name (printed) 4/25/2019 Date: Ruben Santos Signature President , Title 4/29/2019 BidSync p. 41 4/21/2021 2:26 PM p. 56 City of Miami Solicitation 1153388 AGREEMENT FOR BARRICADE AND FLASHER RENTAL (CO-OP ANNUAL CONTRACT) THIS AGREEMENT, made this 18th day of JUNE 2019, is by and between the City of Fort Lauderdale, a Florida municipality, ("City"), whose address is 100 North Andrews Avenue, Fort Lauderdale, Florida, 33301, and Pedrail Systems LLC, a Florida limited liability company, ("Contractor") whose address is PO Box 161095, Miami, Florida 33116-1095, Phone: 844473-3724, Email: Miguel@pedrailsystems.com. NOW THEREFORE, for and in consideration of the mutual promises and covenants set forth herein and other good and valuable consideration, the City and the Contractor covenant and agree as follows: WITNESSETH: I. DOCUMENTS The following documents (collectively "Contract Documents") are hereby incorporated into and made part of this Agreement (Form P-0001): (1) Invitation to Bid No. 12265-393, Barricade and Flasher Rental (Co -Op Annual Contract), including any and all addenda, prepared by the City of Fort Lauderdale, ("ITB" or "Exhibit A"). (2) The Contractor's response to the ITB, dated April 28, 2019, ("Exhibit B"). All Contract Documents may also be collectively referred to as the "Documents." In the event of any conflict between or among the Documents or any ambiguity or missing specifications or instruction, the following priority is established: A. First, specific direction from the City Manager (or designee) B. Second, this Agreement (Form P-0001) dated JUNE 18 , 2019, and any attachments. C. Third, Exhibit A D. Fourth, Exhibit B II. SCOPE The Contractor shall perform the work under the general direction of the City as set forth in the Contract Documents. Unless otherwise specified herein, the Contractor shall perform all work identified in this Agreement. The parties agree that the scope of services is a description of Contractor's obligations and responsibilities, and is deemed to include preliminary considerations and prerequisites, and all labor, materials, equipment, and tasks which are such an inseparable part of the work described that exclusion would render performance by Contractor impractical, illogical, or unconscionable. Contractor acknowledges and agrees that the City's Contract Administrator has no authority to make changes that would increase, decrease, or otherwise modify the Scope of Services to be provided under this Agreement. CAM 19-0533 EXHIBIT 4 Page 1 of 14 4/21/2021 2:26 PM p. 57 City of Miami Solicitation 1153388 By signing this Agreement, the Contractor represents that it thoroughly reviewed the documents incorporated into this Agreement by reference and that it accepts the description of the work and the conditions under which the Work is to be performed. III. TERM OF AGREEMENT The initial contract period shall commence on August 2, 2019 and shall end on August 1, 2021. The City reserves the right to extend the contract for two additional one-year terms, providing all terms conditions and specifications remain the same, both parties agree to the extension, and such extension is approved by the City. In the event the term of this Agreement extends beyond the end of any fiscal year of City, to wit, September 30th, the continuation of this Agreement beyond the end of such fiscal year shall be subject to both the appropriation and the availability of funds IV. COMPENSATION The Contractor agrees to provide the services and/or materials as specified in the Contract Documents at the cost specified in Exhibit B. It is acknowledged and agreed by Contractor that this amount is the maximum payable and constitutes a limitation upon City's obligation to compensate Contractor for Contractor's services related to this Agreement. This maximum amount, however, does not constitute a limitation of any sort upon Contractor's obligation to perform all items of work required by or which can be reasonably inferred from the Scope of Services. Except as otherwise provided in the solicitation, no amount shall be paid to Contractor to reimburse Contractor's expenses. V. METHOD OF BILLING AND PAYMENT Contractor may submit invoices for compensation no more often than monthly, but only after the services for which the invoices are submitted have been completed. An original invoice plus one copy are due within fifteen (15) days of the end of the month except the final invoice which must be received no later than sixty (60) days after this Agreement expires. Invoices shall designate the nature of the services performed and/or the goods provided. City shall pay Contractor within forty-five (45) days of receipt of Contractor's proper invoice, as provided in the Florida Local Government Prompt Payment Act. To be deemed proper, all invoices must comply with the requirements set forth in this Agreement and must be submitted on the form and pursuant to instructions prescribed by the City's Contract Administrator. Payment may be withheld for failure of Contractor to comply with a term, condition, or requirement of this Agreement. Notwithstanding any provision of this Agreement to the contrary, City may withhold, in whole or in part, payment to the extent necessary to protect itself from loss on account of inadequate or defective work that has not been remedied or resolved in a manner satisfactory to the City's Contract Administrator or failure to comply with this Agreement. The amount withheld shall not be subject to payment of interest by City. VI. GENERAL CONDITIONS A. Indemnification Contractor shall protect and defend at Contractor's expense, counsel being subject to the 2 CAM 19-0533 EXHIBIT 4 Page 2 of 14 4/21/2021 2:26 PM p. 58 City of Miami Solicitation 1153388 City's approval, and indemnify and hold harmless the City and the City's officers, employees, volunteers, and agents from and against any and all losses, penalties, fines, damages, settlements, judgments, claims, costs, charges, expenses, or liabilities, including any award of attorney fees and any award of costs, in connection with or arising directly or indirectly out of any act or omission by the Contractor or by any officer, employee, agent, invitee, subcontractor, or sublicensee of the Contractor. The provisions and obligations of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by the City Manager, any sums due Contractor under this Agreement may be retained by City until all of City's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved, and any amount withheld shall not be subject to payment of interest by City. B. Intellectual Property Contractor shall protect and defend at Contractor's expense, counsel being subject to the City's approval, and indemnify and hold harmless the City from and against any and all losses, penalties, fines, damages, settlements, judgments, claims, costs, charges, royalties, expenses, or liabilities, including any award of attorney fees and any award of costs, in connection with or arising directly or indirectly out of any infringement or allegation of infringement of any patent, copyright, or other intellectual property right in connection with the Contractor's or the City's use of any copyrighted, patented or un-patented invention, process, article, material, or device that is manufactured, provided, or used pursuant to this Agreement. If the Contractor uses any design, device, or materials covered by letters, patent or copyright, it is mutually agreed and understood without exception that the bid prices shall include all royalties or costs arising from the use of such design, device, or materials in any way involved in the work. C. Termination for Cause The aggrieved party may terminate this Agreement for cause if the party in breach has not corrected the breach within ten (10) days after written notice from the aggrieved party identifying the breach. The City Manager may also terminate this Agreement upon such notice as the City Manager deems appropriate under the circumstances in the event the City Manager determines that termination is necessary to protect the public health or safety. The parties agree that if the City erroneously, improperly or unjustifiably terminates for cause, such termination shall be deemed a termination for convenience, which shall be effective thirty (30) days after such notice of termination for cause is provided. This Agreement may be terminated for cause for reasons including, but not limited to, Contractor's repeated (whether negligent or intentional) submission for payment of false or incorrect bills or invoices, failure to perform the Work to the City's satisfaction; or failure to continuously perform the work in a manner calculated to meet or accomplish the objectives as set forth in this Agreement. D. Termination for Convenience The City reserves the right, in its best interest as determined by the City, to cancel this contract for convenience by giving written notice to the Contractor at least thirty (30) days prior to the effective date of such cancellation. In the event this Agreement is terminated for convenience, Contractor shall be paid for any services performed to the City's satisfaction pursuant to the Agreement through the termination date specified in the written notice of termination. Contractor acknowledges and agrees that he/she/it has 3 CAM 19-0533 EXHIBIT 4 Page 3 of 14 4/21/2021 2:26 PM p. 59 City of Miami Solicitation 1153388 received good, valuable and sufficient consideration from City, the receipt and adequacy of which are hereby acknowledged by Contractor, for City's right to terminate this Agreement for convenience. E. Cancellation for Unappropriated Funds The City reserves the right, in its best interest as determined by the City, to cancel this contract for unappropriated funds or unavailability of funds by giving written notice to the Contractor at least thirty (30) days prior to the effective date of such cancellation. The obligation of the City for payment to a Contractor is limited to the availability of funds appropriated in a current fiscal period, and continuation of the contract into a subsequent fiscal period is subject to appropriation of funds, unless otherwise provided by law. F. Insurance As a condition precedent to the effectiveness of this Agreement, during the term of this Agreement and during any renewal or extension term of this Agreement, the Contractor, at the Contractor's sole expense, shall provide insurance of such types and with such terms and limits as noted below. Providing proof of and maintaining adequate insurance coverage are material obligations of the Contractor. The Contractor shall provide the City a certificate of insurance evidencing such coverage. The Contractor's insurance coverage shall be primary insurance for all applicable policies. The limits of coverage under each policy maintained by the Contractor shall not be interpreted as limiting the Contractor's liability and obligations under this Agreement. All insurance policies shall be from insurers authorized to write insurance policies in the State of Florida and that possess an A.M. Best rating of A-, VII or better. All insurance policies are subject to approval by the City's Risk Manager. The coverages, limits, and endorsements required herein protect the interests of the City, and these coverages, limits, and endorsements may not be relied upon by the Contractor for assessing the extent or determining appropriate types and limits of coverage to protect the Contractor against any loss exposure, whether as a result of this Agreement or otherwise. The requirements contained herein, as well as the City's review or acknowledgement, are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the Contractor under this Agreement. The following insurance policies and coverages are required: Commercial General Liability Coverage must be afforded under a Commercial General Liability policy with limits not less than: • $1,000,000 each occurrence and $2,000,000 aggregate for Bodily Injury, Property Damage, and Personal and Advertising Injury • $1,000,000 each occurrence and $2,000,000 aggregate for Products and Completed Operations Policy must include coverage for Contractual Liability and Independent Contractors. The City and the City's officers, employees, and volunteers are to be covered as additional insureds with a CG 20 26 04 13 Additional Insured — Designated Person or Organization Endorsement or similar endorsement providing equal or broader Additional Insured Coverage with respect to liability arising out of activities performed by or on behalf of the 4 CAM 19-0533 EXHIBIT 4 Page 4 of 14 4/21/2021 2:26 PM p. 60 City of Miami Solicitation 1153388 Contractor. The coverage shall contain no special limitation on the scope of protection afforded to the City or the City's officers, employees, and volunteers. Business Automobile Liability Coverage must be afforded for all Owned, Hired, Scheduled, and Non -Owned vehicles for Bodily Injury and Property Damage in an amount not less than $1,000,000 combined single limit each accident. If the Contractor does not own vehicles, the Contractor shall maintain coverage for Hired and Non -Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy. Workers' Compensation and Employer's Liability Coverage must be afforded per Chapter 440, Florida Statutes. Any person or entity performing work for or on behalf of the City must provide Workers' Compensation insurance. Exceptions and exemptions will be allowed by the City's Risk Manager, if they are in accordance with Florida Statute. The Contractor waives, and the Contractor shall ensure that the Contractor's insurance carrier waives, all subrogation rights against the City and the City's officers, employees, and volunteers for all losses or damages. The City requires the policy to be endorsed with WC 00 03 13 Waiver of our Right to Recover from Others or equivalent. The Contractor must be in compliance with all applicable State and federal workers' compensation laws, including the U.S. Longshore Harbor Workers' Act and the Jones Act, if applicable. Insurance Certificate Requirements a. The Contractor shall provide the City with valid Certificates of Insurance (binders are unacceptable) no later than thirty (30) days prior to the start of work contemplated in this Agreement. b. The Contractor shall provide to the City a Certificate of Insurance having a thirty (30) day notice of cancellation; ten (10) days' notice if cancellation is for nonpayment of premium. c. In the event that the insurer is unable to accommodate the cancellation notice requirement, it shall be the responsibility of the Contractor to provide the proper notice. Such notification will be in writing by registered mail, return receipt requested, and addressed to the certificate holder. d. In the event the Agreement term goes beyond the expiration date of the insurance policy, the Contractor shall provide the City with an updated Certificate of Insurance no later than ten (10) days prior to the expiration of the insurance currently in effect. The City reserves the right to suspend the Agreement until this requirement is met. e. The Certificate of Insurance shall indicate whether coverage is provided under a claims -made or occurrence form. If any coverage is provided on a claims -made form, the Certificate of Insurance must show a retroactive date, which shall be the effective date of the initial contract or prior. f. The City shall be named as an Additional Insured on all liability policies, with the exception of Workers' Compensation. g. The City shall be granted a Waiver of Subrogation on the Contractor's Workers' Compensation insurance policy. h. The title of the Agreement, Bid/Contract number, event dates, or other identifying reference must be listed on the Certificate of Insurance. 5 CAM 19-0533 EXHIBIT 4 Page 5 of 14 4/21/2021 2:26 PM p. 61 City of Miami Solicitation 1153388 The Certificate Holder should read as follows: City of Fort Lauderdale 100 N. Andrews Avenue Fort Lauderdale, FL 33301 The Contractor has the sole responsibility for the payment of all insurance premiums and shall be fully and solely responsible for any costs or expenses as a result of a coverage deductible, co-insurance penalty, or self -insured retention; including any loss not covered because of the operation of such deductible, co-insurance penalty, self -insured retention, or coverage exclusion or limitation. Any costs for adding the City as an Additional Insured shall be at the Contractor's expense. If the Contractor's primary insurance policy/policies do not meet the minimum requirements, as set forth in this Agreement, the Contractor may provide evidence of an Umbrella/Excess insurance policy to comply with this requirement. The Contractor's insurance coverage shall be primary insurance as applied to the City and the City's officers, employees, and volunteers. Any insurance or self-insurance maintained by the City covering the City, the City's officers, employees, or volunteers shall be non- contributory. Any exclusion or provision in the insurance maintained by the Contractor that excludes coverage for work contemplated in this Agreement shall be unacceptable and shall be considered breach of contract. All required insurance policies must be maintained until the contract work has been accepted by the City, or until this Agreement is terminated, whichever is later. Any lapse in coverage shall be considered breach of contract. In addition, Contractor must provide to the City confirmation of coverage renewal via an updated certificate should any policies expire prior to the expiration of this Agreement. The City reserves the right to review, at any time, coverage forms and limits of Contractor's insurance policies. The Contractor shall provide notice of any and all claims, accidents, and any other occurrences associated with this Agreement shall be provided to the Contractor's insurance company or companies and the City's Risk Management office as soon as practical. It is the Contractor's responsibility to ensure that any and all of the Contractor's independent contractors and subcontractors comply with these insurance requirements. All coverages for independent contractors and subcontractors shall be subject to all of the applicable requirements stated herein. Any and all deficiencies are the responsibility of the Contractor. G. Environmental, Health and Safety Contractor shall place the highest priority on health and safety and shall maintain a safe working environment during performance of the work. Contractor shall comply, and shall secure compliance by its employees, agents, and subcontractors, with all applicable environmental, health, safety and security laws and regulations, and performance conditions in this Agreement. Compliance with such requirements shall represent the minimum standard required of Contractor. Contractor shall be responsible for examining all requirements and determine whether additional or more stringent environmental, health, safety and security provisions are required for the work. Contractor agrees to 6 CAM 19-0533 EXHIBIT 4 Page 6 of 14 4/21/2021 2:26 PM p. 62 City of Miami Solicitation 1153388 utilize protective devices as required by applicable laws, regulations, and any industry or Contractor's health and safety plans and regulations, and to pay the costs and expenses thereof, and warrants that all such persons shall be fit and qualified to carry out the Work. H. Standard of Care Contractor represents that he/she/it is qualified to perform the work, that Contractor and his/her/its subcontractors possess current, valid state and/or local licenses to perform the Work, and that their services shall be performed in a manner consistent with that level of care and skill ordinarily exercised by other qualified contractors under similar circumstances. I. Rights in Documents and Work Any and all reports, photographs, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of City; and Contractor disclaims any copyright in such materials. In the event of and upon termination of this Agreement, any reports, photographs, surveys, and other data and documents prepared by Contractor, whether finished or unfinished, shall become the property of City and shall be delivered by Contractor to the City's Contract Administrator within seven (7) days of termination of this Agreement by either party. Any compensation due to Contractor shall be withheld until Contractor delivers all documents to the City as provided herein. J. Audit Right and Retention of Records City shall have the right to audit the books, records, and accounts of Contractor and Contractor's subcontractors that are related to this Agreement. Contractor shall keep, and Contractor shall cause Contractor's subcontractors to keep, such books, records, and accounts as may be necessary in order to record complete and correct entries related to this Agreement. All books, records, and accounts of Contractor and Contractor's subcontractors shall be kept in written form, or in a form capable of conversion into written form within a reasonable time, and upon request to do so, Contractor or Contractor's subcontractor, as applicable, shall make same available at no cost to City in written form. Contractor and Contractor's subcontractors shall preserve and make available, at reasonable times for examination and audit by City in Broward County, Florida, all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for the required retention period of the Florida public records law, Chapter 119, Florida Statutes, as may be amended from time to time, if applicable, or, if the Florida Public Records Act is not applicable, for a minimum period of three (3) years after termination of this Agreement. If any audit has been initiated and audit findings have not been resolved at the end of the retention period or three (3) years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. If the Florida public records law is deterrnined by City to be applicable to Contractor and Contractor's subcontractors' records, Contractor and Contractor's subcontractors shall comply with all requirements thereof; however, Contractor and Contractor's subcontractors shall violate no confidentiality or non -disclosure requirement of either federal or state law. Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for City's disallowance and recovery of any payment upon such entry. Contractor shall, by written contract, require Contractor's subcontractors to agree to the requirements and obligations of this Section. 7 CAM 19-0533 EXHIBIT 4 Page 7 of 14 4/21/2021 2:26 PM p. 63 City of Miami Solicitation 1153388 The Contractor shall maintain during the term of the contract all books of account, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. K. Public Entity Crime Act Contractor represents that the execution of this Agreement will not violate the Public Entity Crime Act, Section 287.133, Florida Statutes, as may be amended from time to time, which essentially provides that a person or affiliate who is a contractor, consultant, or other provider and who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to City, may not submit a bid on a contract with City for the construction or repair of a public building or public work, may not submit bids on leases of real property to City, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with City, and may not transact any business with City in excess of the threshold amount provided in Section 287.017, Florida Statutes, as may be amended from time to time, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section shall result in termination of this Agreement and recovery of all monies paid by City pursuant to this Agreement, and may result in debarment from City's competitive procurement activities. L. Independent Contractor Contractor is an independent contractor under this Agreement. Services provided by Contractor pursuant to this Agreement shall be subject to the supervision of the Contractor. In providing such services, neither Contractor nor Contractor's agents shall act as officers, employees, or agents of City. No partnership, joint venture, or other joint relationship is created hereby. City does not extend to Contractor or Contractor's agents any authority of any kind to bind City in any respect whatsoever. M. Inspection and Non -Waiver Contractor shall permit the representatives of CITY to inspect and observe the Work at all times. The failure of the City to insist upon strict performance of any other terms of this Agreement or to exercise any rights conferred by this Agreement shall not be construed by Contractor as a waiver of the City's right to assert or rely on any such terms or rights on any future occasion or as a waiver of any other terms or rights. N. Assignment and Performance Neither this Agreement nor any right or interest herein shall be assigned, transferred, or encumbered without the written consent of the other party. In addition, Contractor shall not subcontract any portion of the work required by this Agreement, except as provided in the Schedule of Subcontractor Participation. City may terminate this Agreement, effective immediately, if there is any assignment, or attempted assignment, transfer, or encumbrance, by Contractor of this Agreement or any right or interest herein without City's written consent. Contractor represents that each person who will render services pursuant to this Agreement is duly qualified to perform such services by all appropriate governmental 8 CAM 19-0633 EXHIBIT 4 Page 8 of 14 4/21/2021 2:26 PM p. 64 City of Miami Solicitation 1153388 authorities, where required, and that each such person is reasonably experienced and skilled in the area(s) for which he or she will render his or her services. Contractor shall perform Contractor's duties, obligations, and services under this Agreement in a skillful and respectable manner. The quality of Contractor's performance and all interim and final product(s) provided to or on behalf of City shall be comparable to the best local and national standards. In the event Contractor engages any subcontractor in the performance of this Agreement, Contractor shall ensure that all of Contractor 's subcontractors perform in accordance with the terms and conditions of this Agreement. Contractor shall be fully responsible for all of Contractor's subcontractors' performance, and liable for any of Contractor's subcontractors' non-performance and all of Contractor's subcontractors' acts and omissions. Contractor shall defend at Contractor's expense, counsel being subject to City's approval or disapproval, and indemnify and hold City and City's officers, employees, and agents harmless from and against any claim, lawsuit, third party action, fine, penalty, settlement, or judgment, including any award of attorney fees and any award of costs, by or in favor of any of Contractor's subcontractors for payment for work performed for City by any of such subcontractors, and from and against any claim, lawsuit, third party action, fine, penalty, settlement, or judgment, including any award of attorney fees and any award of costs, occasioned by or arising out of any act or omission by any of Contractor 's subcontractors or by any of Contractor's subcontractors' officers, agents, or employees. Contractor's use of subcontractors in connection with this Agreement shall be subject to City's prior written approval, which approval City may revoke at any time. O. Conflicts Neither Contractor nor any of Contractor's employees shall have or hold any continuing or frequently recurring employment or contractual relationship that is substantially antagonistic or incompatible with Contractor's loyal and conscientious exercise of judgment and care related to Contractor's performance under this Agreement. Contractor further agrees that none of Contractor's officers or employees shall, during the term of this Agreement, serve as an expert witness against City in any legal or administrative proceeding in which he, she, or Contractor is not a party, unless compelled by court process. Further, Contractor agrees that such persons shall not give sworn testimony or issue a report or writing, as an expression of his or her expert opinion, which is adverse or prejudicial to the interests of City in connection with any such pending or threatened legal or administrative proceeding unless compelled by court process. The limitations of this section shall not preclude Contractor or any persons in any way from representing themselves, including giving expert testimony in support thereof, in any action or in any administrative or legal proceeding. In the event Contractor is permitted pursuant to this Agreement to utilize subcontractors to perform any services required by this Agreement, Contractor agrees to require such subcontractors, by written contract, to comply with the provisions of this section to the same extent as Contractor. P. Schedule and Delays Time is of the essence in this Agreement. By signing, Contractor affirms that it believes the schedule to be reasonable; provided, however, the parties acknowledge that the schedule might be modified as the City directs. 9 CAM 19-0533 EXHIBIT 4 Page 9 of 14 4/21/2021 2:26 PM p. 65 City of Miami Solicitation 1153388 Q. Materiality and Waiver of Breach City and Contractor agree that each requirement, duty, and obligation set forth herein was bargained for at arm's-length and is agreed to by the parties in exchange for quid pro quo, that each is substantial and important to the formation of this Agreement and that each is, therefore, a material term hereof. City's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. R. Compliance With Laws Contractor shall comply with all applicable federal, state, and local laws, codes, ordinances, rules, and regulations in performing Contractor's duties, responsibilities, and obligations pursuant to this Agreement. S. Severance In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, the provisions not having been found by a court of competent jurisdiction to be invalid or unenforceable shall continue to be effective. T. Limitation of Liability The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of $1,000. Contractor hereby expresses its willingness to enter into this Agreement with Contractor's recovery from the City for any damage action for breach of contract or for any action or claim arising from this Agreement to be limited to a maximum amount of $1,000 less the amount of all funds actually paid by the City to Contractor pursuant to this Agreement. Accordingly, and notwithstanding any other term or condition of this Agreement, Contractor hereby agrees that the City shall not be liable to Contractor for damages in an amount in excess of $1,000 which amount shall be reduced by the amount actually paid by the City to Contractor pursuant to this Agreement, for any action for breach of contract or for any action or claim arising out of this Agreement. Nothing contained in this paragraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon City's liability as set forth in Section 768.28, Florida Statutes. U. Jurisdiction, Venue, Waiver, Waiver of Jury Trial This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Venue for any lawsuit by either party against the other party or otherwise arising out of this Agreement, and for any other legal proceeding, shall be in the Seventeenth Judicial Circuit in and for Broward County, Florida, or in the event of federal jurisdiction, in the Southern District of Florida, Fort Lauderdale Division. In the event Contractor is a corporation organized under the laws of any province of Canada or is a Canadian federal corporation, the City may enforce in the United States of 10 CAM 19.0533 EXHIBIT 4 Page 10 of 14 4/21/2021 2:26 PM p. 66 City of Miami Solicitation 1153388 America or in Canada or in both countries a judgment entered against the Contractor. The Contractor waives any and all defenses to the City's enforcement in Canada of a judgment entered by a court in the United States of America. V. Amendments No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the Mayor -Commissioner and/or City Manager, as determined by City Charter and Ordinances, and Contractor or others delegated authority to or otherwise authorized to execute same on their behalf. W. Prior Agreements This document represents the final and complete understanding of the parties and incorporates or supersedes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. The parties agree that there is no commitment, agreement, or understanding concerning the subject matter of this Agreement that is not contained in this written document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representation or agreement, whether oral or written. X. Payable Interest Except as required and provided for by the Florida Local Government Prompt Payment Act, City shall not be liable for interest for any reason, whether as prejudgment interest or for any other purpose, and in furtherance thereof Contractor waives, rejects, disclaims and surrenders any and all entitlement it has or may have to receive interest in connection with a dispute or claim based on or related to this Agreement. Y. Representation of Authority Each individual executing this Agreement on behalf of a party hereto hereby represents and warrants that he or she is, on the date he or she signs this Agreement, duly authorized by all necessary and appropriate action to execute this Agreement on behalf of such party and does so with full legal authority. Z. Uncontrollable Circumstances ("Force Majeure") The City and Contractor will be excused from the performance of their respective obligations under this agreement when and to the extent that their performance is delayed or prevented by any circumstances beyond their control including, fire, flood, explosion, strikes or other labor disputes, act of God or public emergency, war, riot, civil commotion, malicious damage, act or omission of any governmental authority, delay or failure or shortage of any type of transportation, equipment, or service from a public utility needed for their performance, provided that: 1. The non performing party gives the other party prompt written notice describing the particulars of the Force Majeure including, but not limited to, the nature of the occurrence and its expected duration, and continues to furnish timely reports with respect thereto during the period of the Force Majeure; 11 CAM 19-0533 EXHIBIT 4 Page 11 of 14 4/21/2021 2:26 PM p. 67 City of Miami Solicitation 1153388 2. The excuse of performance is of no greater scope and of no longer duration than is required by the Force Majeure; 3. No obligations of either party that arose before the Force Majeure causing the excuse of performance are excused as a result of the Force Majeure; and 4. The non -performing party uses its best efforts to remedy its inability to perform. Notwithstanding the above, performance shall not be excused under this Section for a period in excess of two (2) months, provided that in extenuating circumstances, the City may excuse performance for a longer term. Economic hardship of the Contractor will not constitute Force Majeure. The terrn of the agreement shall be extended by a period equal to that during which either party's performance is suspended under this Section. AA. Scrutinized Companies The Contractor certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes (2018), and that it is not engaged in a boycott of Israel. The City may terminate this Agreement at the City's option if the Contractor is found to have submitted a false certification as provided under subsection (5) of section 287.135, Florida Statutes (2018), as may be amended or revised, or been placed on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes (2018), as may be amended or revised, or is engaged in a boycott of Israel. BB. Public Records IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT CITY CLERK'S OFFICE, 100 N. ANDREWS AVENUE, FORT LAUDERDALE, FLORIDA, 33301, PHONE: 954-828-5002, EMAIL: PRRCONTRACT@FORTLAUDERDALE.GOV. Contractor shall comply with public records laws, and Contractor shall: 1. Keep and maintain public records required by the City to perform the service. 2. Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes (2018), as may be amended or revised, or as otherwise provided by law. 12 CAM 19-0533 EXHIBIT 4 Page 12 of 14 4/21/2021 2:26 PM p. 68 City of Miami Solicitation 1153388 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the City. 4. Upon completion of the Contract, transfer, at no cost, to the City all public records in possession of the Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the Contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. CC. Non -Discrimination The Contractor shall not, in any of its activities, including employment, discriminate against any individual on the basis of race, color, national origin, religion, creed, sex, disability, sexual orientation, gender, gender identity, gender expression, or marital status. 1. The Contractor certifies and represents that it will comply with Section 2-187, Code of Ordinances of the City of Fort Lauderdale, Florida, (2019), as may be amended or revised, ("Section 2-187). 2. The failure of the Contractor to comply with Section 2-187 shall be deemed to be a material breach of this Agreement, entitling the City to pursue any remedy stated below or any remedy provided under applicable law. 3. The City may terminate this Agreement if the Contractor fails to comply with Section 2-187. 4. The City may retain all monies due or to become due until the Contractor complies with Section 2-187. 5. The Contractor may be subject to debarment or suspension proceedings. Such proceedings will be consistent with the procedures in section 2-183 of the Code of Ordinances of the City of Fort Lauderdale, Florida. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 13 CAM 19-0533 EXHIBIT 4 Page 13 of 14 4/21/2021 2:26 PM p. 69 City of Miami Solicitation 1153388 IN WITNESS WHEREOF, the City and the Contractor execute this Contract as follows: ATTEST: Jeffrey A. Modarel.li, City Clerk WITNESSES: (CORPORATE SEAL) STATE OF Vko't��(y. COUNTY OF M1tO..c14„ CITY OF iN RT LAU By: Christopher loom, ICMA-CM City Manager ERDALE Approz%edas to forrn: ssistant City Atforney Pedrail Systems LLC By: Migue Angel V la, Manager The foregoing instrument was acknowledged before me this 1Ci day of 30-1t, , 2019, by Miguel Angel Vila as Manager for Pedrail Systems LLC, a Florida limited liability company, .4131 ILIANA SOTO ^%+S, Notary public • State of Florida Commission # FF 913195 44 My Comm. Expires Aug 26, 2019 Bonded through National Notary Assn, (Signature of Notary Public) Notary Public, State of \06 k. - . 04 .566 (Print, Type, o Notary Public) Personally Known OR Produced Identification V Type of Identification Produced c.‘.h42..V(`s �1•Cf1`. V400. 541 - 83—19.8-O 14 NnmissionkfMalg=Cof Notary public • State of Florida Commission # FF 913195 / My Comm. Expires Aug 26, 2019 Bonded through National Notary Assn. CAM 19-0633 EXHIBIT 4 Page 14 of 14 4/21/2021 2:26 PM p. 70 4 Cit} ttYFRAR!afiderdale EXHIBIT B Solicitatag.W388 Bid Contact Miguel Vila miguel@pedrailsystems,com Ph 844-473.3724 Address PO BOX 161095 MIAMI, FL 33116 Item # Line Item. Notes .: Unit Price Qty/Unit Attch. Docs 12265.393--01-01 Flasher Barricades, Supplier Type I Product Code: First Offer - $0.45 1 /day $0.45 12265-393--01.02 Flasher Barricades, Supplier First Offer - $0.45 1 /day $0.45 Y Type II Product Code: 12265-393--01-03 Flasher Barricades, Supplier First Offer - $1.00 1 /day $1.00 Y Type III Product Code: 12265-393--01.04 Warning & Supplier First Offer - $0.75 1 /day $0.75 Y Regulatory Signs Product Code: 12265.393--01-05 Tripod Stands Supplier First Offer - $1.00 1 /day $1.00 Y Product Code: 12265-393--01-06 Sign Stands Supplier First Offer - $0.10 1 /day $0.10 Y Product Code: 12265-393--01-07 Arrow Boards, Supplier First Offer - $18.00 1 /day $18.00 Y Generator Powered Product Code: 12265.393--01.08 Traffic Cones, 36 Supplier First Offer - $0.65 1 /day $0.65 Y inch Product Code: 12265.393--01.09 Drums Supplier First Offer - $0.50 1 /day $0.50 Y Product Code: 12265.393--01.10 French Barricades Supplier First Offer - $5.00 1 /day $5.00 Y Product Code: 12265.393--01-11 Message Boards Supplier First Offer - $40.00 1 /day $40.00 Y Product Code: 12265.393--01.12 Traffic Barriers Supplier First Offer - $6.00 1 /day $6.00 Y Product Code: 12265-393--01.13 Vertical Panels Supplier First Offer - $0.45 1 /day $0.45 Y Product Code: 4/29/2019 BidSync p. 12 4/21/2021 2:26 PM p. 71 Cityc-dtP8ftlalfArdele Solicitg 2 1.1§§388 12265.393--01-14 Barrier (Caution) Supplier First Offer - $4.00 1 /roll $4.00 Y Tape (300'Rolls) Product Code: 12265-393-01-15 Optional Set-up Supplier First Offer - $30.00 1 /lot $30.00 Y Service, Flasher Product Barricades 1-20 Code: 12265-393--01-16 Optional Set-up Supplier First Offer - $35.00 1 /lot $35.00 Y Services, Flasher Product Barricades 21-50 Code: 12265.393--01-17 Optional Set-up Supplier First Offer - $40.00 1 / lot $40.00 Y services, Flasher Product Barricades 51-100 Code: 12265-393-01-18 Optional Set-up Supplier First Offer - $50.00 1 /lot $50.00 Y Services, Flasher Product Barricades Over 100 Code: 12265-393-01-19 Optional Set-up Supplier First Offer - $30.00 1 /lot $30.00 Y Services, Signs 1.10 Product Code: 12265-393-01-20 Optional Set-up Supplier First Offer - $40.00 1 /lot $40.00 Y Services, Signs Over Product 10 Code: 12265-393-01-21 Lane Closure Supplier First Offer - $200.00 1 /lot $200.00 Y Product Code: 12265-393--01.22 Optional Services, Supplier First Offer - $25.00 1 /each $25.00 Y MOT Product Drawing/Permit Code: 12265.393--01-23 Optional Services, Supplier First Offer - $1.00 1 /each $1.00 Site Visit Product Code: Supplier Total $529.35 4/29/2019 BidSync p. 13 4/21/2021 2:26 PM p. 72 cityYit8hYRIArdaie Solicit m515H388 BID/PROPOSAL CERTIFICATION Please Note: If responding to this solicitation through BldSync, the electronic version of the bid response will prevail, unless a paper version is clearly marked by the bidder in some manner to indicate that it will supplant the electronic version. All fields below must be completed. If the field does not apply to you, please note N/A in that field. If you are a foreign corporation, you may be required to obtain a certificate of authority from the department of state, In accordance with Florida Statute §607.1501 (visit http://www.dos.state.fl.us/). Company: (Legal Registration) PEDRAIL SYSTEMS LLC Address: PO BOX 161095 City: MIAMI State; FLZip: 33116-1095 Telephone No. 844.473.3724FAX No. Email: miguel@pedrailsystems.com Delivery: Calendar days after receipt of Purchase Order (section 1.02 of General Conditions): 10 Total Bid Discount (section 1.05 of General Conditions): 0 Does your firm qualify for MBE or WBE status (section 1.09 of General Conditions): MBE Q WBE 0 ADDENDUM ACKNOWLEDGEMENT • Proposer acknowledges that the following addenda have been received and are included in the proposal: Addendum No. 1 4/22/19 2 4/26/19 Date Issued Addendum No. Date Issued Addendum No. Date Issued VARIANCES: If you take exception or have variances to any term, condition, specification, scope of service, or requirement in this competitive solicitation you must specify such exception or variance in the space provided below or reference in the space provided below all variances contained on other pages within your response. Additional pages may be attached If necessary. No exceptions or variances will be deemed to be part of the response submitted unless such is listed and contained in the space provided below. The City does not, by virtue of submitting a variance, necessarily accept any variances. If no statement is contained In the below space, it is hereby implied that your response is in full compliance with this competitive solicitation. If you do not have variances, simply mark N/A. If submitting your response electronically through BIDSYNC you must also click the "Take Exception" button. N/A The below signatory hereby agrees to furnish the following article(s) or services at the price(s) and terms stated subject to all instructions, conditions, specifications addenda, legal advertisement, and conditions contained in the bid/proposal. I have read all attachments including the specifications and fully understand what is required. By submitting this signed proposal I will accept a contract if approved by the City and such acceptance covers all terms, conditions, and specifications of this bid/proposal. The below signatory also hereby agrees, by virtue of submitting or attempting to submit a response, that in no event shall the City's liability for respondent's direct, indirect, incidental, consequential, special or exemplary damages, expenses, or lost profits arising out of this competitive solicitation process, including but not limited to public advertisement, bid conferences, site visits, evaluations, oral presentations, or award proceedings exceed the amount of Five Hundred Dollars ($500.00). This limitation shall not apply to claims arising under any provision of indemnification or the City's protest ordinance 4/29/2019 BldSync p. 25 4/21/2021 2:26 PM p. 73 City Rie&f Boa rdale Soliciti3IMV31A3388 contained in this competitive solicitation. Submitted by: MIGUEL VILA MIGUEL VILA Name (printed) Signature 4/28/19 PRESIDENT Date: Title 4/29/2019 BidSync p. 26 4/21/2021 2:26 PM p. 74 City of Miami Solicitation 1153388 AGREEMENT FOR BARRICADE AND FLASHER RENTAL (CO-OP ANNUAL CONTRACT) THIS AGREEMENT, made this 18th day of JUNE 2019, is by and between the City of Fort Lauderdale, a Florida municipality, ("City"); whose address is 100 North Andrews Avenue, Fort Lauderdale, Florida, 33301, and MOTPLANS.COM LLC, a Florida limited liability company, ("Contractor") whose address is 631 NE 45th Street, Oakland Park, Florida 33334, Phone: 954-560-0450, Email: mark@motplans.com. NOW THEREFORE, for and in consideration of the mutual promises and covenants set forth herein and other good and valuable consideration, the City and the Contractor covenant and agree as follows: WITNESSETH: 1. DOCUMENTS The following documents (collectively "Contract Documents") are hereby incorporated into and made part of this Agreement (Form P-0001): (1) Invitation to Bid No. 12265-393, Barricade and Flasher Rental (Co -Op Annual .Contract), including any and all addenda, prepared by the City of Fort Lauderdale, ("ITB" or "Exhibit A"). (2) The Contractor's response to the ITB, dated Apri115, 2019, ("Exhibit B"), All Contract Documents may also be collectively referred to as the "Documents." In the event of any conflict between or among the Documents or any ambiguity or missing specifications or instruction, the following priority is established: A. First, specific direction from the City Manager (or designee) B. Second, this Agreement (Form P-0001) dated JUNE 18 , 2019, and any attachments. C. Third, Exhibit A D. Fourth, Exhibit B H. SCOPE The Contractor shall perform the work under the general direction of the City as set forth in the Contract Documents. Unless otherwise specified herein, the Contractor shall perform all work identified in this Agreement. The parties agree that the scope of services is a description of Contractor's obligations and responsibilities, and is deemed to include preliminary considerations and prerequisites, and all labor, materials, equipment, and tasks which are such an inseparable part of the work described that exclusion would render performance by Contractor impractical, illogical, or unconscionable. Contractor acknowledges and agrees that the City's Contract Administrator has no authority to make changes that would increase, decrease, or otherwise modify the Scope of Services to be provided under this Agreement. CAM 19-0533 EXHIBIT 5 Page 1 of 14 4/21/2021 2:26 PM p. 75 City of Miami Solicitation 1153388 By signing this Agreement, the Contractor represents that it thoroughly reviewed the documents incorporated into this Agreement by reference and that it accepts the description of the work and the conditions under which the Work is to be performed. III. TERM OF AGREEMENT The initial contract period shall commence on August 2, 2019 and shall end on August 1, 2021. The City reserves the right to extend the contract for two additional one-year terms, providing all terms conditions and specifications remain the same, both parties agree to the extension, and such extension is approved by the City. In the event the term of this Agreement extends beyond the end of any fiscal year of City, to wit, September 30th, the continuation of this Agreement beyond the end of such fiscal year shall be subject to both the appropriation and the availability of funds IV. COMPENSATION The Contractor agrees to provide the services and/or materials as specified in the Contract Documents at the cost specified in Exhibit B. It is acknowledged and agreed by Contractor that this amount is the maximum payable and constitutes a limitation upon City's obligation to compensate Contractor for Contractor's services related to this Agreement. This maximum amount, however, does not constitute a limitation of any sort upon Contractor's obligation to perform all items of work required by or which can be reasonably inferred from the Scope of Services. Except as otherwise provided in the solicitation, no amount shall be paid to Contractor to reimburse Contractor's expenses. V. METHOD OF BILLING AND PAYMENT Contractor may submit invoices for compensation no more often than monthly, but only after the services for which the invoices are submitted have been completed. An original invoice plus one copy are due within fifteen (15) days of the end of the month except the final invoice which must be received no later than sixty (60) days after this Agreement expires. Invoices shall designate the nature of the services performed and/or the goods provided. City shall pay Contractor within forty-five (45) days of receipt of Contractor's proper invoice, as provided in the Florida Local Government Prompt Payment Act. To be deemed proper, all invoices must comply with the requirements set forth in this Agreement and must be submitted on the form and pursuant to instructions prescribed by the City's Contract Administrator. Payment may be withheld for failure of Contractor to comply with a term, condition, or requirement of this Agreement. Notwithstanding any provision of this Agreement to the contrary, City may withhold, in whole or in part, payment to the extent necessary to protect itself from loss on account of inadequate or defective work that has not been remedied or resolved in a manner satisfactory to the City's Contract Administrator or failure to comply with this Agreement. The amount withheld shall not be subject to payment of interest by City. VI. GENERAL CONDITIONS A. Indemnification Contractor shall protect and defend at Contractor's expense, counsel being subject to the 2 CAM 19-0533 EXHIBIT 5 Page 2 of 14 4/21/2021 2:26 PM p. 76 City of Miami -Solicitation 1153388 City's approval, and indemnify and hold harmless the City and the City's officers, employees, volunteers, and agents from and against any and all losses, penalties, fines, damages, settlements, judgments, claims, costs, charges, expenses, or liabilities, including any award of attorney fees and any award of costs, in connection with or arising directly or indirectly out of any act or omission by the Contractor or by any officer, employee, agent, invitee, subcontractor, or sublicensee of the Contractor. The provisions and obligations of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by the City Manager, any sums due Contractor under this Agreement may be retained by City until all of City's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved, and any amount withheld shall not be subject to payment of interest by City. B. Intellectual Property Contractor shall protect and defend at Contractor's expense, counsel being subject to the City's approval, and indemnify and hold harmless the City from and against any and all losses, penalties, fines, damages, settlements, judgments, claims, costs, charges, royalties, expenses, or liabilities, including any award of attorney fees and any award of costs, in connection with or arising directly or indirectly out of any infringement or allegation of infringement of any patent, copyright, or other intellectual property right in connection with the Contractor's or the City's use of any copyrighted, patented or un-patented invention, process, article, material, or device that is manufactured, provided, or used pursuant to this Agreement. If the Contractor uses any design, device, or materials covered by letters, patent or copyright, it is mutually agreed and understood without exception that the bid prices shall include all royalties or costs arising from the use of such design, device, or materials in any way involved in the work, C. Termination for Cause The aggrieved party may terminate this Agreement for cause if the party in breach has not corrected the breach within ten (10) days after written notice from the aggrieved party identifying the breach. The City Manager may also terminate this Agreement upon such notice as the City Manager deems appropriate under the circumstances in the event the City Manager determines that termination is necessary to protect the public health or safety. The parties agree that if the City erroneously, improperly or unjustifiably terminates for cause, such termination shall be deemed a termination for convenience, which shall be effective thirty (30) days after such notice of termination for cause is provided. This Agreement may be terminated for cause for reasons including, but not limited to, Contractor's repeated (whether negligent or intentional) submission for payment of false or incorrect bills or invoices, failure to perform the Work to the City's satisfaction; or failure to continuously perform the work in a manner calculated to meet or accomplish the objectives as set forth in this Agreement. D. Termination for Convenience The City reserves the right, in its best interest as determined by the City, to cancel this contract for convenience by giving written notice to the Contractor at least thirty (30) days prior to the effective date of such cancellation. In the event this Agreement is terminated for convenience, Contractor shall be paid for any services performed to the City's satisfaction pursuant to the Agreement through the termination date specified in the written notice of termination. Contractor acknowledges and agrees that he/she/it has 3 CAM 19-0533 EXHIBIT 5 Page 3 of 14 4/21/2021 2:26 PM p. 77 City of Miami Solicitation 1153388 received good, valuable and sufficient consideration from City, the receipt and adequacy of which are hereby acknowledged by Contractor, for City's right to terminate this Agreement for convenience. E. Cancellation for Unappropriated Funds The City reserves the right, in its best interest as determined by the City, to cancel this contract for unappropriated funds or unavailability of funds by giving written notice to the Contractor at least thirty (30) days prior to the effective date of such cancellation. The obligation of the City for payment to a Contractor is limited to the availability of funds appropriated in a current fiscal .period, and continuation of the contract into a subsequent fiscal period is subject to appropriation of funds, unless otherwise provided by law. F. Insurance As a condition precedent to the effectiveness of this Agreement, during the term of this Agreement and during any renewal or extension term of this Agreement, the Contractor, at the Contractor's sole expense, shall provide insurance of such types and with such terms and limits as noted below. Providing proof of and maintaining adequate insurance coverage are material obligations of the Contractor. The Contractor shall provide the City a certificate of insurance evidencing such coverage. The Contractor's insurance coverage shall be primary insurance for all applicable policies. The limits of coverage under each policy maintained by the Contractor shall not be interpreted as limiting the Contractor's liability and obligations under this Agreement. All insurance policies shall be from insurers authorized to write insurance policies in the State of Florida and that possess an A.M. Best rating of A-, VII or better. All insurance policies are subject to approval by the City's Risk Manager. The coverages, limits, and endorsements required herein protect the interests of the City, and these coverages, limits, and endorsements may not be relied upon by the Contractor for assessing the extent or determining appropriate types and limits of coverage to protect the Contractor against any loss exposure, whether as a result of this Agreement or otherwise. The requirements contained herein, as well as the City's review or acknowledgement, are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the Contractor under this Agreement. The following insurance policies and coverages are required: Commercial General Liability Coverage must be afforded under a Commercial General Liability policy with limits not less than: • $1,000,000 each occurrence and $2,000,000 aggregate for Bodily Injury, Property Damage, and Personal and Advertising Injury • $1,000,000 each occurrence and $2,000,000 aggregate for Products and Completed Operations Policy must include coverage for Contractual Liability and Independent Contractors. The City and the City's officers, employees, and volunteers are to be covered as additional insureds with a CG 20 26 04 13 Additional Insured — Designated Person or Organization Endorsement or similar endorsement providing equal or broader Additional Insured Coverage with respect to liability arising out of activities performed by or on behalf of the 4 CAM 19-0533 EXHIBIT 5 Page 4 of 14 4/21/2021 2:26 PM p. 78 City of Miami Solicitation 1153388 Contractor. The coverage shall contain no special limitation on the scope of protection afforded to the City or the City's officers, employees, and volunteers. Business Automobile Liability Coverage must be afforded for all Owned, Hired, Scheduled, and Non -Owned vehicles for Bodily Injury and Property Damage in an amount not less than $1,000,000 combined single limit each accident. If the Contractor does not own vehicles, the Contractor shall maintain coverage for Hired and Non -Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy. Workers' Compensation and Employer's Liability Coverage must be afforded per Chapter 440, Florida Statutes. Any person or entity performing work for or on behalf of the City must provide Workers' Compensation insurance. Exceptions and exemptions will be allowed by the City's Risk Manager, if they are in accordance with Florida Statute. The 'Contractor waives, and the Contractor shall ensure that the Contractor's insurance carrier waives, all subrogation rights against the City and the City's officers, employees, and volunteers for all losses or damages. The City requires the policy to be endorsed with WC 00 03 13 Waiver of our Right to Recover from Others or equivalent. The Contractor must be in compliance with all applicable State and federal workers' compensation laws, including the U.S. Longshore Harbor Workers' Act and the Jones Act, if applicable. Insurance Certificate Requirements a. The Contractor shall provide the City with valid Certificates of Insurance (binders are unacceptable) no later than thirty (30) days prior to the start of work contemplated in this Agreement. b. The Contractor shall provide to the City a Certificate of Insurance having a thirty (30) day notice of cancellation; ten (10) days' notice if cancellation is for nonpayment of premium. c. In the event that the insurer is unable to accommodate the cancellation notice requirement, it shall be the responsibility of the Contractor to provide the proper notice. Such notification will be in writing by registered mail, return receipt requested, and addressed to the certificate holder. d. In the event the Agreement term goes beyond the expiration date of the insurance policy, the Contractor shall provide the City with an updated Certificate of Insurance no later than ten (10) days .prior to the expiration of the insurance currently in effect. The City reserves the right to suspend the Agreement until this requirement is met. e. The Certificate of Insurance shall indicate whether coverage is provided under a claims -made or occurrence form. If any coverage is provided on a claims -made form, the Certificate of Insurance must show a retroactive date, which shall be the effective date of the initial contract or prior. f The City shall be named as an Additional Insured on all liability policies, with the exception of Workers' Compensation. g. The City shall be granted a Waiver of Subrogation on the Contractor's Workers' Compensation insurance policy. h. The title of the Agreement, Bid/Contract number, event dates, or other identifying reference must be listed on the Certificate of Insurance. 5 CAM 19-0533 EXHIBIT 5 Page 5 of 14 4/21/2021 2:26 PM p. 79 City of Miami Solicitation 1153388 The Certificate Holder should read as follows: City of Fort Lauderdale 100 N. Andrews Avenue Forty: Lauderdale, FL 33301 The Contractor has the sole responsibility for the payment of all insurance premiums and shall be fully and solely responsible for any costs or expenses as a result of a coverage deductible, co-insurance penalty, or self -insured retention; including any loss not covered because of the operation of such deductible, co-insurance penalty, self -insured retention, or coverage exclusion or limitation. Any costs for adding the City as an Additional Insured shall be at the Contractor's expense. If the Contractor's primary insurance policy/policies do not meet the minimum requirements, as set forth in this Agreement, the Contractor may provide evidence of an Umbrella/Excess insurance policy to comply with this requirement. The Contractor's insurance coverage shall be primary insurance as applied to the City and the City's officers, employees, and volunteers. Any insurance or self-insurance maintained by the City covering the City, the City's officers, employees, or volunteers shall be non- contributory. Any exclusion or provision in the insurance maintained by the Contractor that excludes coverage for work contemplated in this Agreement shall be unacceptable and shall be considered breach of contract. All required insurance policies must be maintained until the contract work has been accepted by the City, or until this Agreement is terminated, whichever is later. Any lapse in coverage shall be considered breach of contract. In addition, Contractor must provide to the City confirmation of coverage renewal via an updated certificate should any policies expire• prior to the expiration of this Agreement. The City reserves the right to review, at any time, coverage forms and limits of Contractor's insurance policies. The Contractor shall provide notice of any and all claims, accidents, and any other occurrences associated with this Agreement shall be provided to the Contractor's insurance company or companies and the City's Risk Management office as soon as practical. It is the Contractor's responsibility to ensure that any and all of the Contractor's independent contractors and subcontractors comply with these insurance requirements. All coverages for independent contractors and subcontractors shall be subject to all of the applicable requirements stated herein. Any and all deficiencies are the responsibility of the Contractor. G. Environmental, Health and Safety Contractor shall place the highest priority on health and safety and shall maintain a safe working environment during performance of the work. Contractor shall comply, and shall secure compliance by its employees, agents, and subcontractors, with all applicable environmental, health, safety and security laws and regulations, and performance conditions in this Agreement. Compliance with such requirements shall represent the minimum standard required of Contractor. Contractor shall be responsible for examining all requirements and determine whether additional or more stringent environmental, health, safety and security provisions are required for the work. Contractor agrees to 6 CAM 19-0533 EXHIBIT 5 Page 6 of 14 4/21/2021 2:26 PM p. 80 City of Miami Solicitation 1153388 utilize protective devices as required by applicable laws, regulations, and any industry or Contractor's health and safety plans and regulations, and to pay the costs and expenses thereof, and warrants that all such persons shall be fit and qualified to carry out the Work. H. Standard of Care Contractor represents that he/she/it is qualified to perform the work, that Contractor and his/her/its subcontractors possess current, valid state and/or local licenses to perform the Work, and that their services shall be performed in a manner consistent with that level of care and skill ordinarily exercised by other qualified contractors under similar circumstances. I. Rights in Documents and Work Any and all reports, photographs, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of City; and Contractor disclaims any copyright in such materials. In the event of and upon termination of this Agreement, any reports, photographs, surveys, and other data and documents prepared by Contractor, whether finished or unfinished, shall become the property of City and shall be delivered by Contractor to the City's Contract Administrator within seven (7) days of termination of this Agreement by either. party. Any compensation due to Contractor shall be withheld until Contractor delivers all documents to the City as provided herein. J. Audit Right and Retention of Records City shall have the right to audit the books, records, and accounts of Contractor and Contractor's subcontractors that are related to this Agreement. Contractor shall keep, and Contractor shall cause Contractor's subcontractors to keep, such books, records, and accounts as may be necessary in order to record complete and correct entries related to this Agreement. All books, records, and accounts of Contractor and Contractor's subcontractors shall be kept in written form, or in a form capable of conversion into written form within a reasonable time, and upon request to do so, Contractor or Contractor's subcontractor, as applicable, shall make same available at no cost to City in written form. Contractor and Contractor's subcontractors shall preserve and make available, at reasonable times for examination and audit by City in Broward County, Florida, all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for the required retention period of the Florida public records law, Chapter 119, Florida Statutes, as may be amended from time to time, if applicable, or, if the Florida Public Records Act is not applicable, for a minimum period of three (3) years after termination of this Agreement. If any audit has been initiated and audit findings have not been resolved at the end of the retention period or three (3) years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. If the Florida public records law is determined by City to be applicable to Contractor and Contractor's subcontractors' records, Contractor and Contractor's subcontractors shall comply with all requirements thereof; however, Contractor and Contractor's subcontractors shall violate no confidentiality or non -disclosure requirement of either federal or state law. Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for City's disallowance and recovery of any payment upon such entry. Contractor shall, by written contract, require Contractor's subcontractors to agree to the requirements and obligations of this Section. 7 CAM 19-0533 EXHIBIT 5 Page 7 of 14 4/21/2021 2:26 PM p. 81 City of Miami Solicitation 1153388 The Contractor shall maintain during the term of the contract all books of account, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. K. Public Entity Crime Act Contractor represents that the execution of this Agreement will not violate the Public Entity Crime Act, Section 287.133, Florida Statutes, as may be amended from time to time, which essentially provides that a person or affiliate who is a contractor, consultant, or other provider and who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to City, may not submit a bid on a contract with City for the construction or repair of a public building or public work, may not submit bids on leases of real property to City, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with City, and may not transact any business with City in excess of the threshold amount provided in Section 287.017, Florida Statutes, as may be amended from time to time, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section shall result in termination of this Agreement and recovery of all monies paid by City pursuant to this Agreement, and may result in debarment from City's competitive procurement activities. L. Independent Contractor Contractor is an independent contractor under this Agreement. Services provided by Contractor pursuant to this Agreement shall be subject to the supervision of the Contractor. In providing such services, neither Contractor nor Contractor's agents shall act as officers, employees, or agents of City. No partnership, joint venture, or other joint relationship is created hereby. City does not extend to Contractor or Contractor's agents any authority of any kind to bind City in any respect whatsoever. M. Inspection and Non -Waiver Contractor shall permit the representatives of CITY to inspect and observe the Work at all times. The failure of the City to insist upon strict performance of any other terms of this Agreement or to exercise any rights conferred by this Agreement shall not be construed by Contractor as a waiver of the City's right to assert or rely on any such terms or rights on any future occasion or as a waiver of any other terms or rights. N. Assignment and Performance Neither this Agreement nor any right or interest herein shall be assigned, transferred, or encumbered without the written consent of the other party. In addition, Contractor shall not subcontract any portion of the work required by this Agreement, except as provided in the Schedule of Subcontractor Participation. City may terminate this Agreement, effective immediately, if there is any assignment, or attempted assignment, transfer, or encumbrance, by Contractor of this Agreement or any right or interest herein without City's written consent. Contractor represents that each person who will render services pursuant to this Agreement is duly qualified to perform such services by all appropriate governmental 8 CAM 19-0533 EXHIBIT 5 Page 8 of 14 4/21/2021 2:26 PM p. 82 City of Miami Solicitation 1153388 authorities, where required, and that each such person is reasonably experienced and skilled in the area(s) for which he or she will render his or her services. Contractor shall perform Contractor's duties, obligations, and services under this Agreement in a skillful and respectable manner. The quality of Contractor's performance and all interim and final product(s) provided to or on behalf of City shall be comparable to the best local and national standards. In the event Contractor engages any subcontractor in the performance of this Agreement, Contractor shall ensure that all of Contractor's subcontractors perform in accordance with the terms and conditions of this Agreement. Contractor shall be fully responsible for all of Contractor's subcontractors' performance, and liable for any of Contractor's subcontractors' non-performance and all of Contractor's subcontractors' acts and omissions. Contractor shall defend at Contractor's expense, counsel being subject to City's approval or disapproval, and indemnify and hold City and City's officers, employees, and agents harmless from and against any claim, lawsuit, third party action, fine, penalty, settlement, or judgment, including any award of attorney fees and any award of costs, by or in favor of any of Contractor's subcontractors for payment for work performed for City by any of such subcontractors, and from and against any claim, lawsuit, third party action, fine, penalty, settlement, or judgment, including any award of attorney fees and any award of costs, occasioned by or arising out of any act or omission by any of Contractor 's subcontractors or by any of Contractor's subcontractors' officers, agents, or employees. Contractor's use of subcontractors in connection with this Agreement shall be subject to City's prior written approval, which approval City may revoke at any time. O. Conflicts Neither Contractor nor any of Contractor's employees shall have or hold any continuing or frequently recurring employment or contractual relationship that is substantially antagonistic or incompatible with Contractor's loyal and conscientious exercise of judgment and care related to Contractor's performance under this Agreement. Contractor further agrees that none of Contractor's officers or employees shall, during the term of this Agreement, serve as an expert witness against City in any legal or administrative proceeding in which he, she, or Contractor is not a party, unless compelled by court process. Further, Contractor agrees that such persons shall not give sworn testimony or issue a report or writing, as an expression of his or her expert opinion, which is adverse or prejudicial to the interests of City in connection with any such pending or threatened legal or administrative proceeding unless compelled by court process. The limitations of this section shall not preclude Contractor or any persons in any way from representing themselves, including giving expert testimony in support thereof, in any action or in any administrative or legal proceeding. In the event Contractor is permitted pursuant to this Agreement to utilize subcontractors to perform any services required by this Agreement, Contractor agrees to require such subcontractors, by written contract, to comply with the provisions of this section to the same extent as Contractor. P. Schedule and Delays Time is of the essence in this Agreement. By signing, Contractor affirms that it believes the schedule to be reasonable; provided, however, the parties acknowledge that the schedule might be modified as the City directs. 9 CAM 19-0533 EXHIBIT 5 Page 9 of 14 4/21/2021 2:26 PM p. 83 City of Miami Solicitation 1153388 Q. Materiality and Waiver of Breach City and Contractor agree that each requirement, duty, and obligation set forth herein was bargained for at arm's-length and is agreed to by the parties in exchange for quid pro quo, that each is substantial and important to the formation of this Agreement and that each is, therefore, a material term hereof. City's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. R. Compliance With Laws Contractor shall comply with all applicable federal, state, and local laws, codes, ordinances, rules, and regulations in performing Contractor's duties, responsibilities, and obligations pursuant to this Agreement. S. Severance In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, the provisions not having been found by a court of competent jurisdiction to be invalid or unenforceable shall continue to be effective. T. Limitation of Liability The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of $1,000. Contractor hereby expresses its willingness to enter into this Agreement with Contractor's recovery from the City for any damage action for breach of contract or for any action or claim arising from this Agreement to be limited to a maximum amount of $1,000 less the amount of all funds actually paid by the City to Contractor pursuant to this Agreement. Accordingly, and notwithstanding any other term or condition of this Agreement, Contractor hereby agrees that the City shall not be liable to Contractor for damages in an amount in excess of $1,000 which amount shall be reduced by the amount actually paid by the City to Contractor pursuant to this Agreement, for any action for breach of contract or for any action or claim arising out of this Agreement. Nothing contained in this paragraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon City's liability as set forth in Section 768.28, Florida Statutes. U. Jurisdiction, Venue, Waiver, Waiver of Jury Trial This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Venue for any lawsuit by either party against the other party or otherwise arising out of this Agreement, and for any other legal proceeding, shall be in the Seventeenth Judicial Circuit in and for Broward County, Florida, or in the event of federal jurisdiction, in the Southern District of Florida, Fort Lauderdale Division. In the event Contractor is a corporation organized under the laws of any province of Canada or is a Canadian federal corporation, the City may enforce in the United States of 10 CAM 19-0533 EXHIBIT 5 Page 10 of 14 4/21/2021 2:26 PM p. 84 City of Miami Solicitation 1153388 America or in Canada or in both countries a judgment entered against the Contractor. The Contractor waives any and all defenses to the City's enforcement in Canada of a judgment entered by a court in the United States of America. V. Amendments No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the Mayor.Commissioner and/or City Manager, as determined by City Charter and Ordinances, and Contractor or others delegated authority to or otherwise authorized to execute same on their behalf. W. Prior Agreements This document represents the final and complete understanding of the parties and incorporates or supersedes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. The parties agree that there is no commitment, agreement, or understanding concerning the subject matter of this Agreement that is not contained in this written document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representation or agreement, whether oral or written. X. Payable Interest Except as required and provided for by the Florida Local Government Prompt Payment Act, City shall not be liable for interest for any reason, whether as prejudgment interest or for any other purpose, and in furtherance thereof Contractor waives, rejects, disclaims and surrenders any and all entitlement it has or may have to receive interest in connection with a dispute or claim based on or related to this Agreement. Y. Representation of Authority Each individual executing this Agreement on behalf of a party hereto hereby represents and warrants that he or she is, on the date he or she signs this Agreement, duly authorized by all necessary and appropriate action to execute this Agreement on behalf of such party and does so with full legal authority. Z. Uncontrollable Circumstances ("Force Majeure") The City and Contractor will be excused from the performance of their respective obligations under this agreement when and to the extent that their performance is delayed or prevented by any circumstances beyond their control including, fire, flood, explosion, strikes or other labor disputes, act of God or public emergency, war, riot, civil commotion, malicious damage, act or omission of any governmental authority, delay or failure or shortage of any type of transportation, equipment, or service from a public utility needed for their performance, provided that: 1. The non performing party gives the other party prompt written notice describing the particulars of the Force Majeure including, but not limited to, the nature of the occurrence and its expected duration, and continues to furnish timely reports with respect thereto during the period of the Force Majeure; 11 CAM 19-0533 EXHIBIT 5 Page 11 of 14 4/21/2021 2:26 PM p. 85 City of Miami Solicitation 1153388 2. The excuse of performance is of no greater scope and of no longer duration than is required by the Force Majeure; 3. No obligations of either party that arose before the Force Majeure causing the excuse of performance are excused as a result of the Force Majeure; and 4. The non -performing party uses its best efforts to remedy its inability to perform. Notwithstanding the above, performance shall not be excused under this Section for a period in excess of two (2) months, provided that in extenuating circumstances, the City may excuse performance for a longer term. Economic hardship of the Contractor will not constitute Force Majeure. The term of the agreement shall be extended by a period equal to that during which either party's performance is suspended under this Section. AA. Scrutinized Companies The Contractor certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215,4725, Florida Statutes (2018), and that it is not engaged in a boycott of Israel. The City may terminate this Agreement at the City's option if the Contractor is found to have submitted a false certification as provided under subsection (5) of section 287.135, Florida Statutes (2018), as may be amended or revised, or been placed on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes (2018), as may be amended or revised, or is engaged in a boycott of Israel. BB. Public Records IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT CITY CLERK'S OFFICE, 100 N. ANDREWS AVENUE, FORT LAUDERDALE, FLORIDA, 33301, PHONE: 954-828-5002, EMAIL: PRRCONTRACT@FORTLAUDERDALE.GOV. Contractor shall comply with public records laws, and Contractor shall: 1. Keep and maintain public records required by the City to perform the service. 2. Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes (2018), as may be amended or revised, or as otherwise provided by law. 12 CAM 19-0533 EXHIBIT 5 Page 12 of 14 4/21/2021 2:26 PM p. 86 City of Miami Solicitation 1153388 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the City. 4. Upon completion of the Contract, transfer, at no cost, to the City all public records in possession of the Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the Contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. CC. Non -Discrimination The Contractor shall not, in any of its activities, including employment, discriminate against any individual on the basis of race, color, national origin, religion, creed, sex, disability, sexual orientation, gender, gender identity, gender expression, or marital status. 1. The Contractor certifies and represents that it will comply with Section 2-187, Code of Ordinances of the City of Fort Lauderdale, Florida, (2019), as may be amended or revised, ("Section 2-187). 2. The failure of the Contractor to comply with Section 2-187 shall be deemed to be a material breach of this Agreement, entitling the City to pursue any remedy stated below or any remedy provided under applicable law. 3. The City may terminate this Agreement if the Contractor fails to comply with Section 2-187. 4. The City may retain all monies due or to become due -until the Contractor complies with Section 2-187. 5. The Contractor may be subject to debarment or suspension proceedings. Such proceedings will be consistent with the procedures in section 2-183 of the Code of Ordinances of the City of Fort Lauderdale, Florida. {THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 13 CAM 19.0533 EXHIBIT 5 Page 13 of 14 4/21/2021 2:26 PM p. 87 City of Miami Solicitation 1153388 IN WITNESS WHEREOF, the City and the Contractor execute this Contract as follows: ATTEST: Jeffrey A. Modr2rlll, City Clerk WITNESSES: Si Print N Sign.,,, Print Name (CORPORATE SEAL) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this ri day of , 2019, by Mark Meyers as Manager for MOTPLANS.COM LLC, a Florida limited liability company. CITY 0 F • RT LAUDERDALE By: Christoph . I.a4 rbloo" , ICMA-CM City Manager Approved as to form: Assistant City Attorney MOTPLANS.COM LLC By: Mark Meyers, Manager (SEAL) (Si gi ature of Notary Public Nota MY COMMISSION # GG 144063 EXPIRES: January 20, 2022 (Print, Notary ' u . zc Personally Known •OR Produced Identification Type of Identification Produced 14 of CAM 19-0533 EXHIBIT 6 Page14of14 4/21/2021 2:26 PM p. 88 City of Miami City of Fort Lauderdale EXHIBIT B Solicitation 1153388 12265-393 . 1.. '�.. .. . ... .._. � mar ,.., nor. :.. 12265.393--01-02 Flasher Barricades, Supplier Type II Product Code: 1; 11 Unit Price Qty/Unit Attch. Docs: 12265.393--01.04 Warning & Supplier First Offer - $0,75 1 /day $0.75 Y Regulatory Signs Product Code: fife E^ 2 12265-393--01-08 Traffic Cones, 36 Supplier inch Product Code: 12265-393--01-10_ French Barricades �i11 � x�l►�l°i�l1f?i ���ii�`.?E�i�% 7 ` . W Mgt I Tau P;,;iil€ if 12265-393.-01-12 Traffic Barriers Supplier Product Code: litun , mut.V..c.:., I -111 .A1YdL 1dfttlfUv.GYXE1111(2R.1lJIWIII ',WA 4 .GY Lr4JUJN.r4rdlrl9'Itll^ft First Offer - $4.00 1 /day $4.00 em...1.11l..£1eWRRIJ..:kAFfi R1F'111,1. 1S1 I RIM 1,1,111.1 @1tli51Y141^N!Ak!Y.a 1.@40M:511R1d1111 J'1 IXIA^1111111415Y1Y1. 4/29/2019 4/21/2021 2:26 PM BldSync p. 42 p. 89 City of Miami City of Fort Lauderdale Solicitation 1153388 12265-393 First Offer - $100.00 1 /lot 12265.393--01-14 Barrier (Caution) Tape (30011Rolls) 12265.393--01-16 Optional Set.up Services, Flasher Barricades 21.50 ;iil t?f,iiciai iif ]l:i.{til.� First Offer - $2.00 . 1 /roll Supplier First Offer - $35.00 1 /lot $35.00 Product Code: a1i II 1 .IUO Ii:1 a h #fp 1 77[}}'' � .P.. f� •C?• F: I., s i { _ 1t F i!r: is i s l ; r •. I 1 ..a . FSE" - { I.I Iryill t r, i.! � r i i .� n��1� ,'� .! ,. i] •:4�Yi�j! {i,'ff.3{ ;.i,if m5 -' P ft i, t f I { ? i ii 11 'P Fj � � :f91 'tt 17> 3 f{ 1 y ¢ `, 3-. ad.l"#(( 3X3 ! 3�..,3m3 I� tt lii' l •od :.. 3a . �3:ii: Sh q � F ,I { f E{ 'j qt � [an.{I P'f?t._ :I :.t t l..; r {l9�3 I �99 t je a�i -6}j$,,{![P a.. i� j l .st .. , JP' ql 1 11 ,1, (,(` ...�: ftit� E 91,.4rLii'.y.E4i3 ,t 33 •iit 1! Ft . t Sj �l , l � • p �i,.. � 1, (F.. I .rfl,? >f 3'>f" .i ra it i7 •�! f E� E sr i1 F h :-a3 i � ( � "IF��1: r x 3"F. y„- 4' 1� �P# ". R'a A .1 �iF i13 �i `� Ii!II �}` g �it !rt1.F?i 3 { TI F: -t ]!: Itit.� �f'li N{i 3. It,.�-� ,9.i �E�1.,a I ,.ii�E c,.lfl•PE j I1�, i a '0 ! - 1 EFi .fio (1' ' { s i i jh w > . I . -.jo-i r EI trs�,tti�i'�• i 11 'III ea>.#klr' 7!'F .(- t t� � � p� I� 6[ �..)I�'t j IW.i{ .,{FY'Q i P� �f K {�,fiF. ,. 1' � li6Fjl `�( 11 liy.`,`.3 Ig3$f''?)lioY,j•..� a{.!(�::{ 'I;..(`,;{I;. t li3 iri{!tIP 1 ' 1 , � , F .a.. t # I {v; 1 i r ,�?t t. I • {2# E a Si. t {i3�3.. .�1p+!. i ri , �) {3.1,iEE .I E 4 i t.s 3 7�p$t Ff�l�f'� 13 ; _,)eFtil:i F: la�(t) . i •i ! i i (g(�.., i ). { +{kp.6 i. .. .,1 ,F� F u f-8(tte.•..Fe; ,%llr3ii721{i1�JSkL}!i x3id,R,JI.tiJlilP:lt. v�en?;<:15.'.L1:3{•Si:13iFt:aai11111.�313i�?]ite>3i13•;n;dkb.�ii..Ait;u",ei{IL17±;'ai�ijLt33?.iC'';171,%Iiii�lEi`Eci3il�u:F:13tISftiF.�iiJBi ,�}y;. ,i}t�, e 12265.393--01-18 Optional Set-up Supplier Services, Flasher Product Barricades Over 100 Code: . �lllili i ; it a[; 3 �4 $100•.00 33i 12265-393--01.20 Optional Setup Supp ier First Offer - $30.00 1 /lot $30.00 Y Services, Signs Over Product 10 Code: A '>I 1P 3iii3.9:iISi.N 4Ei. :Fl 12265-393--01.22 Optional Services, Supplier First Offer - $50.00 lleach $50.00 Y MOT Product Drawing/Permit Code: ifl lafi.F3:lw.'ruSiYref it"fI dl r3' Iftal �..annan Supplier Total $673.61 TPAN IPA PO .1 ,f ,. P anA aamal ... G..n. aw4. nnnunnannnan c::U: 4/29/2019 BidSync p. 43 • 4/21/2021 2:26 PM , p. 90 City of Miami Solicitation 1153388 City of Fort Lauderdale 12265-393 BID/PROPOSAL. CERTIFICATION Please Note: If responding to this solicitation through BidSync, the electronic version of the bid response will prevail, unless a paper version is clearly marked by the bidder in some manner to indicate that it will supplant the electronic version. All fields below must be completed. If the field does not apply to you, please note N/A in that field. If you are a foreign corporation, you may be required to obtain a certificate of authority from the department of state, in accordance with Florida Statute §607.1501 (visit http://www.dos.state.fl.us/). Company: (Legal Registration) MOTPIans.com Address: 631 NE 45 Street City: Oakland ParkState: FIZip: 33334 Telephone No. 954.560.0450FAX No. 954.759.9186Email: mark@motplans.com Delivery: Calendar days after receipt of Purchase Order (section 1.02 of General Conditions): 1 Total Bid Discount (section 1.05 of General Conditions): Does your firm qualify for MBE or WBE status (section 1.09 of General Conditions): MBE Q WBE 0 ADDENDUM ACKNOWLEDGEMENT • Proposer acknowledges that the following addenda have been received and are included in the proposal: Addendum No. Date Issued Addendum No. Date Issued Addendum No. Date Issued VARIANCES: If you take exception or have variances to any term, condition, specification, scope of service, or requirement In this competitive solicitation you must specify such exception or variance in the space provided below or reference in the space provided below all variances contained on other pages within your response. Additional pages may be attached if necessary. No exceptions or variances will be deemed to be part of the response submitted unless such is listed and contained in the space provided below. The City does not, by virtue of submitting a variance, necessarily accept any variances. If no statement is contained in the below space, it is hereby implied that your response is in full compliance with this competitive solicitation. If you do not have variances, simply mark N/A. If submitting your response electronically through BIDSYNC you must also click the "Take Exception" button. The below signatory hereby agrees to furnish the following article(s) or services at the price(s) and terms stated subject to all Instructions, conditions, specifications addenda, legal advertisement, and conditions contained in the bid/proposal. I have read all attachments including the specifications and fully understand what is required. By submitting this signed proposal I will accept a contract if approved by the City and such acceptance covers all terms, conditions, and specifications of this bid/proposal. The below signatory also hereby agrees, by virtue of submitting or attempting to submit a response, that in no event shall the City's liability for respondent's direct, indirect, incidental, consequential, special or exemplary damages, expenses, or lost profits arising out of this competitive solicitation process, including but not limited to public advertisement, bid conferences, site visits, evaluations, oral presentations, or award proceedings exceed the amount of Five Hundred Dollars ($500.00). This limitation shall not apply to claims arising under any provision of indemnification or the City's protest ordinance contained in this competitive solicitation, 4/29/2019 BidSync p, 55 4/21/2021 2:26 PM p. 91 City of Miami Solicitation 1153388 City of Fort Lauderdale 12265-393 Submitted by: Mark Meyers Name (printed) 04/15/2019 Date: VP Mark Meyers Signature Title 4/29/2019 BidSync p. 56 4/21/2021 2:26 PM p. 92 Citf-Ai.terMailderdale EXHIBIT A SotItlal8 388 Solicitation 12265-393 Barricade and Flasher Rental (Co -Op Annual Contract) Bid Designation: Regional 14:1AN4P.:,: nfr,F�'ir :'.. City of Fort Lauderdale 4/29/2019 12:54 PM p. 1 4/21/2021 2:26 PM p. 93 ,pittL err Pic Bid Number Bid Title Bid Start Date Bid End Date Question & Answer End Date Bid Contact Contract Duration Contract Renewal Prices Good for Bid Comments Addendum # 1 New Documents Addendum # 2 4.4 Cityyiffoft M rdale 4,,i •—n. •1 iw�.. 4L.c�F�u�:.iiue�i.:��.� 1. Bid 12265-393 Barricade and Flasher Rental (Co-®_p Annual Contract) *:w ^'i?egre r a;: M; y i.. 4 t 6 12265.393 Barricade and Flasher Rental (Co -Op Annual Contract) Apr 15, 2019 9:31:21 AM EDT Apr 29, 2019 2:00:00 PM EDT Apr 25, 2019 5:00:00 PM EDT Stefan S Mohammed Procurement Specialist I Finance • 954-$28-5351 smohammed@fortlauderdale.gov 2 years 2 annual renewals 120 days Sti@it9513 The City of Fort Lauderdale as lead agency for the Southeast Governmental Purchasing Cooperative (Co•Op)is actively seeking bids from qualified bidders, hereinafter referred to as the Contractor, to provide Barricade and Flasher Rental to the City and other participating Co•Op agencies in full accordance with the specifications, terms, and conditions contained in this Invitation to Bid (ITB), The City of Fort Lauderdale uses BidSync (www.BidSync,com) to distribute and receive bids and proposals. There is no charge to vendorslcontractors to register and participate in this solicitation process, nor will any fees be charged to the awarded vendor, Refer to www.BidSync.com for further information. All bids should be submitted electronically through www.BidSync.com. Added on Apr 22, 2019: This addendum #1 is to add the previous bid tabulation as requested . Ail other terms, conditions and specifications remain unchanged, Added on Apr 26, 2019: This addendum#2 is to address question 11 by providing 10 random invoices as an attachment, All other terms, conditions and specifications remain unchanged. ni`�.raa'ev" 5�..� ha Ys ;-� N i `nSTr. "�i h^'•` '-"•�#:i•aaa ° 'gr. • Previous Bid Tab, Barricade Flasher Rental Co-Op.pdf 4,117, New Documents • Barricade Radominvolces.pdf x; Item Response Form AEI s. E m101'�:reMitliginVOMMER w9ti t ?'ialltrainilaNliaF"1YMER1111110 111 Rri't tti£ r •n 388 4/29/2019 12:64 PM 4/21/2021 2:26 PM p. 2 p. 94 Cltptfyfixfittlanelerdale So Met d-1353388 ... m.Mmym� N3 6..s ,cam 1: < as1'•i. +".. � L .-'4..nan.. m- a•OR"rom3..,, ' � >�-'.�rysm Item 12265-393--p1-q1 - Flasher Barricades, Type I Quantity 1 clay Unit Price Delivery Location. Public Works Administration Building. 949 NW 38th Street Ft. Lauderdale FL 33309 Qty 1 , Description I Shall be Type I as specified in Part VI of the Manual on Uniform Traffic Control Devices (MUTCD), Federal Highway Administration, and shall conform to the requirements of that manual. . Price is for 1 day unit rental, However prior annual quantities estimated at 19256 day units. Prior quantities are not indicative of future usage. Item Quantity Unit Price Delivery Location *cry€ �s'�-s''n'_s��-s",i'.L_ •�si�r�3^+',na'i°�•-ea=eaz'z S=:s:�=:..�:s:. s.Ztzi•,•3a.s o..:J..a:..,v,.7•£,.r.�� z3 . i - .F.. :?.�i..`'s, a�'•.;:'. ss_.:, r.=1i . Js:". 12265-393-01-02 - Flasher Barricades, Type III 1 day Public Works Administration Building 949 NW 38th Street Ft. Lauderdale FL 33309 Qty1 Description Shall be Type II as specified in• Part VI of the Manual on Uniform Traffic Control Devices (MUTCD), Federal Highway Administration, and shall conform to the requirements of that manual. Price is for 1 day unit rental, However prior annual quantities estimated at 27605 day units, Prior quantities are not indicative of future usage. MVP- : 2it'i'•,'n,`� us �° ,es,z?..I;Wa....a�3.:"ze`•^ ,rs�•+:`;,;t[ c9-[v.rt`5�•7•ss s�. `t. -rr;:: si u 1i;rv-.•, 'a. [ Ksa• y,7`' j[ alit 4 "Ea`'i-- ::tat ^:.air S s'i•.... _,a�.s _ v' tt .: .i. �:=-, ; .ti�pi•� i :4 r?..: r zs as^ _ ..r.'.^.,u` *AIL , r eFt :s i•:�` .�..[�"y a Jx�.. r. -.sue .� e. a. �x�i f"' s,� -ts ..eu�+� : i;:ao'.., ��s• �'s`'��Fti7i�ul�ta '�i.._...::6�.�.�,.w:��>.:?• ss.seee :»:.v.,.,... �.�s' i �ti•su^. Item Quantity Unit Price Delivery Location 12265-393-01-03 - Flasher Barricades, Type III 1 day Public Works Administration Building 949 NW 38th Street Ft:Lauderdale FL 33309 Qty1 Description Shall be Type III as specified in Part VI of the Manual on Uniform Traffic Control Devices (MUTCD), Federal Highway Administration, and shall conform to the requirements of that manual, Price is for 1 day unit rental, However prior annual quantities estimated at 2430 day units. Prior quantities are not indicative of future usage. Item Quantity Unit Price Delivery Location 12265-393-01-04 -Warning & Regulatory. Signs 1 day Public Works Administration Building 4/29/2019 12:54 PM 4/21/2021 2:26 PM P. 3 p. 95 CitfttfriViffi tbrdale S rcttat 0§.088 949 NW 38th Street Ft, Lauderdale FL 33309 Qty 1 Description . Warning and Regulatory Signs (non electrical) A shall conform to the requirements and speciflcations contained in Part VI of the Manual an Uniform Traffic Control Devices (MUTCD), Federal Highway Admin. Signs shall include, but not be limited to the following: 1. Road Construction A 500 feet. 2. Road Construction A 1000 feet. 3. Road Construction A 1500 feet. 4, Keep Left 5. Keep Right 6. Detour 7. Left Lane Ends 8. Right Land Ends 9. Road Closed A Local Traffic Only Price is for 1 day unit rental, However prior annual quantities estimated at 9959 day units. Prior quantities are not indicative of future usage. Item Quantity Unit Price Delivery Location 12265-393-01-05 - Tripod Stands 1 day Public Works Administration Building 949 NW 38th Street Ft. Lauderdale FL 33309 Qty1 Description Will hold small to medium sized signs and shall be approximately 3 feet high. Price is for 1 day unit rental, However prior annual quantities estimated at 754 day units, Prior quantities are not indicative of future usage. Item Quantity Unit Price Delivery Location 12265-393-01-06 -.Sign Stands 1. day Public Wanks Administration Building 949 NW 38th Street Ft. Lauderdale FL 33309 Qty 1 Description Will hold medium to large sized signs and shall be approximately 6 feet high. Price Is for 1 day unit rental, However prior annual quantities estimated at 10413 day units. Prior quantities are not indicative of future usage. item Quantity Unit Price Delivery Location 12265-393-01-07 - Arrow Boards, Generator Powered hig Public Works Administration Building 9.49 NW-38th Street. Ft. Lauderdale FL 33309 Qty 1 1 Description Shall consist of flashing lights in the shape of a right or left arrow. Power is provided by means of a gasoline or diesel generator or a solar powered generator system with battery back up for the hours of darkness. The arrow board must be capable of continuous operation, 24 hours per day. Price is for 1 day unit rental, However prior annual quantities estimated at 613 day units, Prior quantities are not indicative of future 4/29/2019 12:54 PM 4/21/2021 2:26 PM p. 4 p. 96 C itYfrMiatrderdale SoNdafkon6.1M388 Item Quantity Unit Price Delivery Location 12265.393--01.08 - Traffic Cones, 36 inch 1 day • Public Works Administration Building 949 NW 38th Street Ft. Lauderdale FL 33309 Qty 1 Description 36" with reflective collar. Red/orange or bright fluorescent orange molded PVC, minimum weight 8 lbs. Price is for 1 day unit rental, However prior annual quantities estimated at 20900 day units. Prior quantities are not indicative of future usage. -'mom";. ... Item Quantity Unit Price Delivery Location 12265-393-01-09 - Drums 1 day Public Works Administration Building 949 NW 38th Street Ft. Lauderdale FL 33309 Qty1 . Description Drums used for traffic warning or channeling shall be approximately 36" in height and 'a minimum of 18" in diameter. The markings on drums shall be horizontal, circumferential, orange and white reflector stripes four to eight inches wide, using a material that has a smooth, sealed outer surface that will display the same approximate size, shape and color day and night. There shall be at least two orange and two white stripes on each drum. If there are non•reflectorized spaces between the horizontal orange and white stripes, they shall be no more than two inches wide. Price is for 1 day unit rental, However prior annual quantities estimated at 3646 day units..Prior quantities are not indicative of future usage. Item Quantity Unit Price Delivery Location 12265-393--01-10 - French Barricades 1 day ORA— Public Works Administration Building 949 NW 38th Street . Ft. Lauderdale FL 33309 Qty1 .Description Interlocking 'steel barriers approximately 7'3" long x 3' 5.3/8" high x 1" tube diameter. Barcomedel CCB1461 or equal. Price is for 1 day unit rental, However prior annual quantities estimated at 14268,day units. Prior quantities are not indicative of future Usage. Item Quantity Unit Price 12265-393-01-11 - Message Boards 1 day L... 4/29/2019 12:64 PM 4/21/2021 2:26 PM P. 5 p. 97 Delivery Location City ARHARiunlbrdaIe ScitiRttaknj-33§388 public Wo ks Administration Building 949 NW 38th Street Ft. Lauderdale FL 33309 Qty 1 Description Variable message board, rechargeable battery operated, as specified in the FDOT Roadway and Traffic Design Standards Manual. Boards may be solar•powered, diesel or gas powered with a 25 hour capacity, maintained by vendor per FDOT specifications. Price is for 1 day unit rental, However prior annual quantities estimated at day units. Prior, quantities are not indicative of future usage. Item Quantity Unit Price Delivery Location Description Triton barrier with bracket mount for sign post/light manufactured by. Energy Absorption Systems Inc. or: equal. Water filled plastic Jersey barrier with internal metal frame and type A A" lights furnished and installed (FOOT #99-71023.11).. Price Is for 1 day unit rental, However prior annual quantities estimated at 2797 day units. Prior quantities are not indicative of future 12265-393--01.12 - Traffic Barriers 1 day rF %P ,fit? ..4.F.° J Public Works Administration Building 949 NW 38th Street Ft. Lauderdale FL 33309 Qty 1 usage. Item Quantity Unit Price ... Delivery Location 12265.393--01-13.-Vertical. Panels; 1'day public Works Administration) iidir 949 NW 38th Street Ft. Lauderdale FL 33309 Qty1 Description Temporary, Type V.P., with type A A" lights, FDOT #102.74.1, 36" X 12". Price is for 1 day unit rental, However prior annual quantities estimated at 12528 day units. Prior quantities are not indicative of future usage. Ettro'z 44' Item Quantity Unit Price Delivery Location 12265.393--01-14 - Barrier (Caution) Tape (300'Ralls) 1roll. Publid Werks Administration Building 949 NW 38th Street Ft. Lauderdale FL 33309 Qty 1 Description Barrier (Caution) tape A shall consist of 3 inch by 3 mil by 300 feat roll of yellow, reflective tape with the word A CAUTION" printed in black at intervals on the entire length of the tape. 4/2.9/2019 12:54 PM 4/21/2021 2:26 PM P. 6 p. 98 C Itygif feftrt1J b rd ale Sotthlziten120519 388 Price is for 1 roll, However prior annual quantities estimated at 1408 rolls. Prior quantities are not indicative of future usage. Fj�:. ...� •s F �.sPFyt�'?£s.£,. �,K ,�odr Yil Item Quantity Unit Price Delivery Location 12265-393-01-15 - Optional Set-up Service, Flasher Barricades 1.20 1 lot public Works Administration Building' 949 NW 38th Street Ft. Lauderdale FL 33309 Qty1 Description Normally, the rental items requested in 1 through 13 above will be delivered to a stated site and setup by City or agency staff. However, where such staff is unavailable, it may be necessary for the Contractor to set-up this equipment. The bidder shall quote a firm fixed price for setting up one lot of from 1 to 20 flasher barricades. Price is for 1 set up, However prior annual quantities estimated at 200 set ups. Prior quantities. are not indicative of future usage. i Item Quantity Unit Price Delivery Location 12265-393-01-16 - Optional Set-up Services, Hasher Barricades21-50 1 lot Public Works Administration Building 949 NW 38th Street Ft. Lauderdale FL 33309 Qty 1 Description Normally, the rental items requested in 1 through 13 above will be delivered to a stated site and set-up by City or agency staff. However, where such staff is unavailable, it may be necessary for the Contractor to setup this equipment. The bidder shall quote a firm fixed price for setting up one lot of from 21 to 50 flasher barricades: Price is for 1 set up, However prior annual quantities estimated at 150 set ups. Prior quantifies.are no Item Quantity Unit Price Delivery Location indicative of futu 12265-393-01-17 - Optional Set-up services, dasher Barricades 51-100 1 lot public Works Administration Building • 949 NW 38th Street Ft. Lauderdale FL 33309 Qty1 Description Normally, the rental items requested in 1 through 13 above will be delivered to a stated site and set-up by City or agency staff. However, Where such staff is unavailable, it may be necessary for the Contractor to set-up. this equipment. The bidder shall quote a firm fixed price for setting up one lot of from 51 to 100 flasher barricades. e usage Price is for 1 set up, However prior annual quantities estimated at 75 set ups. Prior quantities are not indicative of future usage zeirELF'-� �s. �....� Item Quantity 12265-393-01-18 - Optional Set-up Services, Flasher Barricades Over 100. 1 lot 4/29/2019 12:54 PM O. 7 4/21/2021 2:26 PM p. 99 Cli9tif f4frMlkiderdaie Soa#61388 Unit Price Delivery Location Public Works Administration Building 949 NW 38th Street Ft. Lauderdale FL 33309 Qty 1 Description Normally, the rental items requested in 1 through 13 above will be delivered to a'stated site and setup by City or agency staff. However, where such staff Is unavailable, it may be necessary for the Contractor to set-up this equipment. The bidder shall.quote a firm fixed ' price for setting up one lot of over 100 flasher barricades. Price is for 1 set up, However prior annual quantities estimated at 50 set ups, Prior quantities are not indicative of future usage Item Quantity Unit Price Delivery Location Description Normally, the rental items requested in 1 through 13 above will be delivered to a stated site and setup by City or agency staff. However, where such staff is unavailable, it may be necessary for the Contractor to set-up this equipment. The bidder shall quote a firm fixed price for setting up one lot of from 1 to 10 signs. 12265-393-01..19 - Optional Set-up Services; Signs 1.10 1 lot Public Works Administration Buildinq 949 NW 38th Street Ft. Lauderdale FL 33309 Qty1 Price is for 1 set up, However prior annual quantities estimated at 50 set ups. Prior quantities are not indicative of future usage F,r��.-- �.'` �h S-� -,f•'� . ¢€.r"y",' ";_;"i.i. `�' ; .� �i'. , r" ciaY,y,Rua r e ., s 'r ..:�"'� 3 -ri` �._ ' ',.dam a. - c a -. - F a_:�k��'��,.�.r.5;,?•. �� ����.fyet'r .. �-���_,,,�&u�Ta-�X?.,te. �.� �v__�.�-_.�._�t' ..�s�_.. ._�_ ..:,�'_��"sn�._.��zt'Ei�;' .k• Item 12265-393-01-20 - Optional Set-up Services, Signs Over 10 Quantity 1 lot Unit Price Delivery Location J et. rY � Public Works Administration Building 949 NW 38th Street Ft. Lauderdale FL 33309 Qty1 Description Normally, the rental items requested In 1 through 13 above will be delivered to a stated site and setup by City or agency staff. However, where such staff is unavailable, it may be necessary for the Contractor to set-up this equipment. The bidder shall quote a firm fixed price for setting up one lot of over 10 signs. Price is for 1 set up, However prior annual quantities estimated' at 25 set ups; Prior quantities are not indicative of future usage .�.r•-- .,st—s ftitta�-ram 'Cr-rr'.. t.gi`G...1ri.�i'n�' �C'e�`,ii �& F-. I 'wit Item Quantity Unit Price Delivery Location 12265-393--01-21 - Lane Closure 1 lot L IL Public Works Administration Building. 949 NW 38th Street 4/29/2019 12:64 PM 4/21/2021 2:26 PM P. 8 p. 100 CIt Yloart/l! ttlerdale 8o160f8,488 Ft. Lauderdale FL' 33309 Qty1 Description Normally, the rental items requested in 1 through 13 above will be delivered to a stated site and setup by :pity or agency staff. However, where such staff is unavailable, it may be necessary for the Contractor to setup this equipment. The bidder shall quote a firm fixed price for setting up 1 lane closure with signs, barricades and 1 arrow board. Price is for 1 set up, However prior annual quantities estimated at 10 set ups. Prior quantities are not Indicative of future;usage : ',. Ak - yt €� Es �.✓ � EK i'�a'r .ems s" i, 'S � o"y.� . ... �. - fin .��. �.,•"-�rc�=��i" €.7-£`s_..`TO�'•.. 3� �.u�r�-�.� a`-'"� �� � [Pk, - Item Quantity Unit Price Delivery Location 12265-393--01-22 - Optional Services, MOT Drawing/Permit 1 each Public Works Adrninistra ion Building 949 NW 38th Street . Ft. Lauderdale FL 33309 • Qty, 1 Description A participating agency may sometimes be required to perform work on a state, county or city roadway that requires a Maintenance of • Traffic drawing and permit. The bidder will state a fee for this service. Price is for 1 MOT Drawing/Permit, However prior annual quantities estimated at 200 drawings/permits. Prior quantities are not indicative of future usage Item Quantity Unit Price • Delivery Location. 12265.393--01.23 - Optional Services, Site Visit 1 each W,a Public Works Administra ion Building 949 NW, 38th Street,' Ft. Lauderdale FL 33309 Qty1 Description If the Contractor has setup the barricades and other devices per the optional set-up services of paragraph 2.06, and a MOT permit requires that the site be inspected periodically to insure compliance with the MOT drawing, the Contractor will perform this service at the request of the agency, The bidder will state a cost per site visit for this service. Price is for 1. visit, However prior annual quantities estimated at 25 visits Prior quantities are not indicative of future usage . r` " � r e-�s.� 3s .�r � �' -5 3.� - •k' '? r i r � z��` "" o p-- `:ts'. �.; t '�� ����s�, 4/29/2019 12:54 PM 4/21/2021 2:26 PM p. 9 p. 101 citAttigrtfaVerdaie SogOtmthragAi388 SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE GROUP TO OUR PROSPECTIVE CONTRACTORS: The attached Invitation for Bid or Request for Proposal represents a cooperative procurement for the Southeast Florida Governmental Purchasing Cooperative Group. For the past several years, approximately forty-five (45) government entities have participated in Cooperative Purchasing in Southeast Florida. The Southeast Florida Governmental Purchasing Cooperative Group was formed in an effort to provide cost savings and cost avoidances to all entities by utilizing the buying power of combined requirements for common, basic items. The Government Agencies participating in this particular procurement and their respective delivery locations are listed in the attached document. Southeast. Florida Governmental Purchasing Cooperative Group Procurement Operational Procedures: • All questions concerning this procurement should be addressed to the issuing agency, hereinafter referred to as the "lead agency". All responses are to be returned in accordance with the instructions contained in the attached document. Any. difficulty with participating agencies referenced in this award must be brought to the attention of the lead agency. • Each participating governmental entity will be responsible for awarding the contract, issuing its own purchase orders, and for order placement. Each entity will require separate billings, be responsible. for payment to the Contractor(s) awarded this contract, and issue' its owntax exemption certificates as required by the Contractor. • The Contract/purchase order terms of each entity will prevail for the individual participating entity. Invoicing instructions, delivery locations and. insurance requirements will be in accordance with the respective agency requirements. • • Any reference in the documents to a single entity or location will, in fact, be understood as referring to all participating entities referenced in . the documents and cover letter unless ,specifically noted otherwise. : • • The awarded Contractor(s) shall be responsible for advising the lead agency of those participants who failto place orders as a result of this award during the contract period. • The Contractor(s) shall furnish the Lead Agency a detailed Summary•of Sates semi-annually during the contract period; .Sales Summary shall include .contract 'number(s), contractor's name, the total of each commodity sold during the reporting period and the total dollar amount of purchases by commodity. • Municipalities and other governmental entities which are not members of the Southeast Florida Governmental Purchasing Cooperative Group are strictly prohibited from utilizing any contract or purchase order resulting from this bid award. However, other Southeast Florida Governmental Purchasing Cooperative Group.members may participate in this contract for new usage, during the contract term, or in any contract .extension term, if approved by the lead agency. New Southeast Florida Governmental Purchasing Cooperative Group members may participate in any contract on acceptance and approval by the lead agency. • None of the participating governmental entities shall be deemed or construed to be a party to any contract executed by and between any other governmental entity and the Contractor(s) as a result of this procurement action. . "WORKING TOGETHER TO REDUCE COSTS" 4/29/2019 12:54 PM p. 10 4/21/2021 2:26 PM p. 102 CIt l r Riic erdale SoKat9cE51_3388 City of Fort Lauderdale Barricades and Flasher Rental ITB # 12265-393 SECTION I — INTRODUCTION AND INFORMATION 1.1 Purpose The City of Fort Lauderdale, Florida. (City) as lead agency for the Southeast Florida Governmental Purchasing Cooperative Group. (Co -Op) is seeking bids from qualified, experienced and licensed firm(s), hereinafter referred to as the Contractor or Bidder, to provide a contract for the rental of Barricades and Flashers for the City and the Co-op, in accordance with the terms, .conditions, and specifications contained in this Invitation to Bid (ITB). 1.2 Pre -bid Conference and/or Site Visit There will not be a pre -bid conference or site visit for this ITB. It will be the sole responsibility of the Bidder to become familiar with the scope of the City's requirements and systems prior to submitting a bid. No variation in price or conditions shall be permitted based upon a claim of ignorance. Submission of a bid will be considered evidence that the Bidder has familiarized themselves with the nature and extent of the work, equipment, materials, and labor required. 1.3 BidSync The City of Fort Lauderdale uses BidSync (www.bidsync.com) to administer the competitive solicitation process, including but not limited to soliciting bids, issuing addenda, posting results and issuing notification of an intended decision. There is no charge to register and download the ITB from BidSync. Bidders are strongly encouraged to read the various vendor Guides and Tutorials available in BidSync well in advance of their intention of submitting a bid to ensure familiarity with the use of BidSync. The City shall not be responsible for a Bidders inability to submit a bid by the end date and time for any reason, including issues arising from the use of BidSync. There is no charge to Bidders/Contractors to register and participate in the solicitation process, nor will any fees be charged to the awarded Bidder. 1.4 Point of Contact For information concerning procedures for responding to this solicitation, contact Procurement Specialist, Stefan Mohammed, at (954) 828-5351 or email at Smohammed@fortlauderdale.gov. Such contact shall be for clarification purposes only. For information concerning technical specifications, please utilize the question / answer feature provided by BidSync at www.bidsync.com. Questions of a material nature must be received prior to the cut-off date specified ili.the ITB schedule. Material changes, if any, to the . scope of services or bidding procedures will only be transmitted by written addendum. (See addendum section of BidSync Site). Bidders please note: No part of your bid can be submitted via FAX. No variation in price or conditions shall be permitted based upon a claim of ignorance. Submission of a bid will be considered evidence that the Bidder has familiarized.. themselves. with the nature. and extent .of the work, and the equipment, materials, and labor required. The entire bid response must be submitted in accordance with all specifications. contained in this solicitation. The questions and answers submitted in BidSync shall become part of any contract that is created from this ITB. It is the sole responsibility of the Bidder to ensure that their bid is submitted electronically through BidSync at www.bidsvnc.com or reaches the City of Fort Lauderdale City Hall, 4/29/2019 12:54 PM p. 11 4/21/2021 2:26 PM p. 103 citVIWARTillerdale Sot37tl-T 51388 Procurement Services Division, 6th floor, Suite 619, 100 N. Andrews Avenue, Fort Lauderdale, FL 33301. in a sealed envelope marked on the outside with the ITB solicitation number and Bidder's name, no later than the time and date specified in this solicitation. END OF SECTION 4/29/2019 12:54 PM 4/21/2021 2:26 PM p. 12 p. 104 CityCdlYPBWtIhrdale S _E3f t @51 33388 SECTION II - SPECIAL TERMS AND CONDITIONS 2.1 General Conditions ITB General Conditions (Form G-107, Rev. 08/18) are included and made a part of this ITB. 2.2 Addenda, Changes, and Interpretations It is the sole responsibility of each firm to notify the. Procurement Specialist utilizing the question / answer feature provided by BidSync and request modification or clarification of any ambiguity, conflict, discrepancy, omission or other error discovered in this competitive solicitation. Requests for - clarification, modification, interpretation, or changes must be received prior to the Question and Answer (Q & A) Deadline. Requests received after this date may not be addressed. Questions and requests for information that would not materially affect the scope. of services to be performed or the solicitation process will be answered within the question / answerfeature provided by BidSync and shall be for clarification purposes only. Material changes, if any, to the scope of services or the solicitation process will only be transmitted by official written addendum issued by the City and uploaded to BidSync as a separate addendum to the ITB. Under no circumstances shall an oral explanationgiven by any City official, officer, staff, or agent be binding upon the Cityand should be disregarded. All addenda are a part of the competitive solicitation documents and each firm will be bound by such addenda. It is the responsibility of each to read and comprehend all addenda issued. 2.3 Changes and Alterations Bidder may change or withdraw a Bid at any time prior to Bid submission deadline; however, no oral modifications will be allowed. Modifications shall not be allowed following the Bid deadline. 2.4 Bidder's Costs The City shall not be liable for any costs incurred by Bidders in responding to this ITB. 2.5 • Pricing/Delivery All pricing should be identified on the Cost page provided in this ITB. No additional costs may be accepted, other than the costs stated on the Cost page. Failure to use the City's Cost page and provide costs as requested in this ITB may deem your bid non -responsive. Bidder shall quote a firm, fixed price for all services stated in the ITB. All costs including travel shall be included in your cost. The City shall not accept any additional costs including any travel associated with coming to the City of Fort Lauderdale. Failure to provide, costs as requested in this ITB may deem your bid non -responsive. 2.6 Price Validity Prices provided in this Invitation to bid (ITB) shall be valid for at least One -Hundred and Twenty (120) days from time of ITB opening unless otherwise extended and agreed upon by the City and Bidder. The City shall award contract within this time period or shall request to. the recommended awarded vendor an extension to hold pricing, until products/services have been 'awarded. 2.7 Invoices/Payment Payment terms will be considered to be net 45 days after the date of satisfactory delivery at the place of acceptance and receipt of correct invoice at the office specified, whichever occurs last, in accordance with the Florida Local Government Prompt Payment Act. Bidder may offer cash discounts for prompt payment but they will not be considered in determination of award. 4/29/2019 12:54 PM 4/21/2021 2:26 PM p.13 p. 105 C ItiIfrfgrivi!gtlderdale S° f�kit9t51-'i388 2.8 Related Expenses/Travel Expenses All costs including travel are to be included in your bid. The City will not accept any additional costs. 2.9 Payment Method The City of Fort Lauderdalehas implemented a Procurement Card (P-Card) program which changes how payments areremitted to its vendors: The City has transitioned from. traditional paper checks to payment bycredit card via MasterCard or Visa. This allows you as a, vendor of the City of Fort Lauderdale to receive your payment fast and safely. No more waiting for checks to be printed and mailed.. Payments will be made utilizing the City's P-Card (MasterCard or Visa). Accordingly, firms must presently have the ability to accept credit card payment or take whatever stepsnecessary to implement acceptance of a credit card before the commencement of a contract.: See Contract Payment Method form attached, 2.10 Mistakes The Biddershall examine this ITB carefully.. The.. submission of a bid shall beprima facie evidence that the Bidder has full knowledge of the scope; nature, and quality of the work to be performed; the detailed requirements of the specifications; and the conditions under which the work is to be performed. Ignorance of the requirements will not relieve the Bidder: from liability and obligations under the Contract, 2.11 •Acceptance of Bids / Minor Irregularities 2.11.1 The City reserves the right to accept or reject any or all bids, part of bids, and to waive minor irregularities or variances to specifications contained in bids which do not make the bid conditional in nature and minor irregularities in the solicitation process. A minor irregularity shall be a variation from the solicitation that does not affect the price of the contract or does not give a bidder an advantage or benefit not enjoyed by other bidders, does not adversely impact the interests of other firms or, does not affect the fundamental fairness of the solicitation. process. The City also reserves the right to reissue an ITB: 2.11.2 The City reserves the right to disqualify Bidder during any phase of the competitive solicitation process and terminate for cause any resulting contract upon evidence of collusion with intent to defraud or other illegal practices on the part of the Bidder. . 2.12 Modification of Services 2.12.1. While this: contract is forservices provided to. the department referenced in this ITB, the City may require similar work for other City departments. Successful Bidder agrees to take on such work unless such work would not be considered reasonable or become an undue burden to the Successful Bidder. 2.12.2 The City reserves the right todelete any portion of the work at any time without cause, and if such right is exercised by the, City, thetotal fee shall bereduced in the same ratio as the estimated cost of the work deleted bears to the estimated cost of the work originally planned. If work has already been accomplished and approved by the City on any portion of a contract resulting from this ITB, the Successful Bidder shall be paid forthe work completed on the basis of the estimated percentage of completion of such portion to the total project cost. • 4/29/2019 12:54 PM p. 14 4/21/2021 2:26 PM p. 106 Cit9 YI{ri! !&Uerdale So Iisip66 1388 2.12.3 The City may require additional items or services of a similar nature, but not specifically listed in the contract. The Successful Bidder agrees to provide such items or services, and . shall provide the City prices on such additional items or services. If the price(s) offered are not acceptable to the City, and the situation cannot be resolved to: the satisfaction of the City, the City reserves the right to procure those items or services from other vendors, or to cancel the contract upon giving the Successful Bidder thirty (30) days written notice. 2.12.4 If the Successful Bidder and the City agree on modifications or revisions to the task elements, after the City has approved work to begin on a particular task or project, and a budget has been established for that task or project, the Successful Bidder will, submit a revised budget to the City for approval prior to proceeding with the work. 2.13 No Exclusive Contract Bidder agrees and understands that the contract shall not be construed as anexclusive arrangement and further agrees that the City may, at any time, secure similar or identical services from another vendor at the City's sole option. 2.14 Sample Contract Agreement A sample of the formal agreement template, which may be required to be executed by the awarded vendor can be found at our website: https://www.fortlauderdale.gov/home/showdocument?id=1212 2.15 Responsiveness In order to be considered responsive to the solicitation, the firm's bid shall fully conform in all material respects to the solicitation and all of its requirements, including all form and substance. 2.16 Responsibility In order to be considered as a responsible firm,firm shall be fully capable to meet all of the requirements of the solicitation and subsequent contract, must possess the full capability, including financial and technical, to perform as contractually required, and must be able to fully document the' ability to provide good faith performance, 2.17 Minimum Qualifications To be eligible for award of a contract in response to this solicitation, the Bidder must demonstrate that they have successfully completed services, as specified in the Technical Specifications / Scope of Services section of this solicitation, are normally and routinely engaged in performing such services, and are properly and legally licensed to perform such work. In addition, the Bidder must have no conflict of interest withregard to any other work performed by the Bidder for the City of Fort Lauderdale. 2.17.1 Firm or principals shall have no record of judgments, pending lawsuits against the City or criminal activities involving moral turpitude and not have any conflicts of interest that have not been waived by City Commission. 2.17.2 Neither firm nor any principal, officer, or stockholder shall be in arrears or in default of any debt or contract involving the City, (as a party to a contract, or otherwise); nor have failed to perform faithfully on any previous contract with the City. 4/29/2019 12:54 PM p. 15 4/21/2021 2:26 PM p. 107 C*8VrifrRia erdale SoAft Ita 1 388 2.18 Lobbying Activities ALL CONTRACTORS PLEASE NOTE: Any contractor submitting a . response to this solicitation must comply, if applicable, with City of Fort Lauderdale Ordinance No. C-11-42 & Resolution No. 07-101, Lobbying Activities. Copies of Ordinance No. C-11-42 and Resolution No. 07-101 may be obtained from the City Clerk's Office on the 7th Floor of City Hall, 100 N. Andrews Avenue, Fort Lauderdale, Florida. The ordinance may also be .viewed on the City's website at http://www.fortlauderdale.gov/home/showdocument?id=6036. 2.19 Local Business Preference - N/A 2.20 Protest Procedure 2.20.1 Any Bidder who is not recommended for award of a contract and who alleges a failure by the city to follow the city's procurement ordinance or any applicable law, may follow the protest procedure as found in the city's procurement ordinance within five (5) days after a notice ofintent to award is posted on the city's web site at the following link: ~http://www.fortlauderdale.gov/departments/finance/procurement-services/notices- of-intent-to-award. 2.20.2 The complete protest ordinance may be found on the city's web site at the following link; . https://librarv.municode.cam/fl/fort lauderdale/codes/code of ordinances?nodel d=COOR CH2AD ARTVFI DIV2PR S2-182DIREPR 2.21 Public Entity Crimes Bidder, by submitting a bid, certifies that neither the Bidder nor any of the Bidder's principals has been placed on the convicted vendorlistas defined in Section 287.133, Florida Statutes (2018),. as. may be amended or revised. 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 bid, proposal, or reply on a contract to provide any goods or services to a public entity; maynot submit a bid, proposal, orreply on a contract with a public entity for the construction or repair of apublic building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may notbe awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed .. on the convictedvendor, list. 2.22 Sub -Contractors 2.22.1 If the Contractor.. proposes to use sub -contractors in the course of providing these services to the City, this information shall be a part of the bid response. Such information shall be subject to review, acceptance and approval of the City, prior to any contract award. The City reserves the right to approve or disapprove of any sub- contractor .candidate in its best interest and . to require Contractor to replace sub- contractor with one that meets City approval., 2.22.2 Contractor shall ensure that all of Contractor's sub -contractors perform in accordance with the terms and, conditions of this Contract. Contractor shall be fully responsible for all of Contractor's sub -contractors' performance, and liable for any of Contractor's sub- contractors' anon -performance and all of Contractor's sub -contractors' acts and omissions. Contractor shall defend, at Contractors expense, counsel being subject to the City's approval or disapproval, and indemnify and hold harmless the City and the City's officers, employees, and agents from and against any claim, lawsuit, third -party 4/29/2019 12:54 PM p. 16 4/21/2021 2:26 PM p. 108 Clt¢iby ifVlfarmulerdale Solkttlatii265 i88 action, or judgment, including any award of attorney fees and any award ofcosts, by or in favorof any Contractor's sub -contractors for payment for work performed for the City. 2.22.3 Contractor shall require all of its sub -contractors to provide the required insurance coverage as well as any other coverage that the Contractor may consider necessary, and any deficiency in the coverage or policy limits of said sub -contractors will be the sole responsibility of the Contractor: 2.23 Bid Security - N/A 2.24 Payment and Performance Bond — N/A 2.25 Insurance Requirements 2.25.1 As a condition precedent to the effectiveness of this Agreement, during the term of this Agreement and during any 'renewal or extension term of this Agreement, the Contractor, at the Contractor's sole expense, shall provide insurance of such types and with such terms and limits as noted below. , Providing proof of and maintaining adequate insurance coverage are material obligations of the Contractor. The Contractor shall provide the City a certificate of insurance evidencing such coverage. • The Contractor's insurancecoverage shall be primary insurance for all applicable policies. The limits of coverage under each policy maintained by the Contractor shall not be interpreted as limiting the Contractor's liability and obligations, under this Agreement. All insurance policies shall be from insurers authorized to write insurance policies in the State. of Florida and that possess an A.M. Best rating of "A-" VI I or better. All insurance policies are subject to approval by the City's Risks Manager. 2.25.2 The coverages, limits, and endorsements required herein protect the interests of the City, and these coverages, limits, and endorsements may not be relied upon by the Contractor for assessing the extent or determining appropriate types and limits of coverage to protect the. Contractor against any loss exposure, whether as a result of this Agreement or otherwise. The requirements contained herein, as well as the City's review or acknowledgement, are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the Contractor under this Agreement. 2.25.3 The following insurance policies' and coverages are required: Commercial General Liability Coverage must be afforded under a Commercial General Liability policy with limits not less than: d $1,000,000 each occurrence ' and $2,000,000 aggregate for Bodily Injury, Property Damage, and Personal and Advertising Injury $1,000,000 each occurrence and $2,000,000 aggregate for Products and Completed Operations Policy must include coverage for Contractual Liability and Independent Contractors. The City and the City's officers, employees, and volunteers are to be covered as additional insureds with a CG 20 26 04 13 Additional Insured - Designated Person or Organization Endorsement or similar endorsement providing equal or broader Additional Insured Coverage with respect to liability arising out of activities performed by or on 4/29/2019 12:54 PM p. 17 4/21/2021 2:26 PM p. 109 CitH6'nettrl4! U lerdale SotIta1M388 behalf of the Contractor. The coverage shall contain no special limitation on the scope of protection afforded to the City or the City's officers, employees, and volunteers. Business Automobile Liability Coverage must be afforded for all Owned, Hired, Scheduled, and Non -Owned vehicles for. Bodily Injury and Property Damage in an amount not less than $1,000,000 combined single limit each accident. If the Contractor does not own vehicles, the Contractor shall maintain coverage for Hired and Non -Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy. Workers' Compensation and Employer's Liability Coverage must be afforded per Chapter 440, Florida Statutes; Any person or entity performing work for oron behalf of the City must provide Workers' Compensation insurance. Exceptions and exemptions will be allowed by the City's Risk Manager, if they are in accordance with Florida Statute. The Contractor waives, and the Contractor shall ensure that the Contractor's insurance carrier waives, all subrogation rights against the City and the City's officers, employees, and volunteers for all losses or damages.. The City requires the policy to be endorsed with WC 00 03 13 Waiver of our Right to Recover from Others or equivalent. The Contractor must be in compliance.with all applicable State and federal workers' compensation laws, including the U.S. Longshore Harbor Workers' Act and the Jones Act, if applicable. 2.25.4 Insurance Certificate Requirements a. .The Contractor shall provide the City with valid Certificates of Insurance (binders are unacceptable) no later than thirty (30) days prior to the start of work contemplated in this Agreement. The Contractor shall provide to the City a Certificate of Insurance having a thirty (30) day notice ,ofcancellation; ten (1Q) days' noticeif cancellation is for nonpayment of premium. c. In the event that the insurer is unable to accommodate the cancellation notice requirement, it shall be the responsibility of the Contractor to provide the proper notice. Such notification will be in writing . by registered . mail,, return receipt requested, and addressed to the certificate holder. d. In the event the Agreement term goes beyond the expiration date of the insurance policy, the Contractor shall provide the . City with an. updated Certificate of Insurance no. later than ten (10) days prior to the expiration of the insurance currently in effect. The City reserves the right: to suspend the Agreement until this requirement is met. e. The Certificate. of Insurance .shall indicate whether coverage is provided under a claims -made: or occurrence form. If any coverage is provided on a claims -made form, the Certificate of Insurance must show a retroactive date, which shall be the effective date of the initial contract or prior, f. The City shall be named as an Additional Insured on the general liability policy. g. The City shall be granted a Waiver of Subrogation on the Contractor's Workers' Compensation insurance policy,. . b. 4/29/2019 12:54 PM 4/21/2021 2:26 PM p. 18 p. 110 Cit $ilI'4fr 4! 1RJardaIe Soal 1388 2.26 h. The title of the Agreement, Bid/Contract number, event dates, or.other identifying reference must be listed on the Certificate of Insurance. The Certificate Holder should read as follows: City of Fort Lauderdale Procurement Services Division 100 N. Andrews Avenue Fort Lauderdale, FL 33301 2.25.5 . :The Contractor has .the sole responsibility for the payment . of all insurance premiums and shall be fullyandsolely responsible for any costs or expenses. as a result of a coverage deductible, co-insurance penalty, or self -insured retention; including any loss not covered because of the operation of such deductible, co-insurance penalty, self - insured retention, or coverage exclusion or limitation. Any costs for adding the City as an Additional Insured shall be at the Contractor's expense, 2.25.6 If the Contractor'sprimary insurance policy/policies do not _meet the minimum requirements, as set forth in this Agreement;. the Contractor may provide evidence of an Umbrella/Excess insurance policy to comply with this requirement. 2.25.7 The Contractor's insurance coverage shall be primary insurance as applied to the City and the ' City's officers, employees, and volunteers. Any insurance or self- insurance maintained by the City covering the City, the City's officers, employees, or volunteers shall be non-contributory. • . 2.25.8 Any exclusion or provision in the insurance maintained by the Contractor that excludes coverage for work contemplated in this. Agreementshall be unacceptable and shall be considered breach of contract. . 2.25.9 All required insurance policies must be maintained until the contract work has been accepted by the City, or until this Agreement is terminated, whichever is later. Any lapse in. coverage shall be considered breach of contract. In. addition, Contractor must provide to the City confirmation of coverage renewal via anupdated certificate should any policiesexpire prior to the expiration of this Agreement. The. City reserves theright to review,at any: time, coverageforms and limits of Contractor's insurance policies. 2.25.10 The Contractor shall provide notice of any and all claims., accidents, and any other occurrences associated with this Agreement shall be provided to the Contractor's insurance company or companies and the City's Risk Management office as soon as practical. 2.25.11 It is the .Contractor's responsibility to ensure that any and all of the. Contractor's independent contractors and subcontractors comply with theseinsurance requirements. All coverages for independent contractors and subcontractors shall be subject to all of the applicable requirements stated herein. Any and all deficiencies are the responsibility of the Contractor. Insurance - Sub -Contractors Contractor shall require all of its Sub -Contractors. to provide the aforementioned coverage as well as any other coverage that the Contractor may consider necessary, and any deficiency in 4/29/2019 12:54 PM p, 19 4/21/202'1 2:26 PM p. 111 Cit9i1YIiikAIY9erdale SoMattJfj',388 the coverage or policy limits of said Sub -Contractors will be the sole responsibility of the Contractor. 2.27 Insurance for Collection of Credit Card Payments — N/A 2.28 Award of Contract Contractor must bid on all items. Partial bids will not be considered. The City also reserves the right to accept or reject any or all bids, part of bids, and to waive minor irregularities or variations to specifications contained in bids, and minor irregularities in • the bidding process... The City also reserves the right to award the contract on a split order basis, lump sum basis, individual ' item basis, or such . combination as shall best serve the interest of the City. A Contract (the "Agreement") may be awarded by the City Commission. The City reserves the right toexecute or not execute, as applicable, a contract with the Bidder(s) that is determined to be in the City's best interests. The Cityreserves the right to award a contract to more than one Bidder, at the sole and absolute discretion of the in the City. 2.29 Damage to Public or Private Property Extreme care shall be taken to safeguard all existing facilities, site amenities, irrigation systems,vehicles, etc. on or around the job site.. Damage to public and/or private property shall be the responsibility of the Contractor and shall • be repaired and/or replaced at no additional cost to the City. 2.30 Safety.: The Contractor(s) shall adhere to the Florida Department of Transportation's Uniform manual on Traffic Control for construction and maintenancework zones when working on or near a roadway. It will be the sole responsibility of the Contractor to make themselves and their employees fully aware ofthese provisions, especially thoseapplicable to safety. 2.31 Uncontrollable Circumstances ("Force Majeure") The City and Contractor will be excused from the performance of their respective obligations under this agreement when and to: the extent that .their: performance is delayed or prevented by any circumstancesbeyond their control including, fire, flood, explosion, strikes or other labor disputes, act of God or public emergency, war, riot, civil commotion, malicious damage, act or omission of any governmental authority, delay or failure or shortage of any type of transportation, equipment, or service from a public utility needed for their performance, provided that: 2.31.1 The non performing party gives the other party prompt written notice describing the particulars of the Force Majeure including, but not limited to, the nature of the occurrence and its expected duration, and continues to furnish timely reports with respect thereto during the period of the Force Majeure; 2.31.2 The excuse of performance is of no greater scope and of no longer duration than is required by the Force Majeure; 2.31.3 No obligations of either party that arose before the Force Majeure causing the excuse of performance are excused as a result of the Force Majeure; and 4/29/2019 12:64 PM 4/21/2021 2:26 PM p. 20 p. 112 Cit$Yi9WAUNerdale SolisMatAjk3s388 2.31.4 The non performing party uses its best efforts to remedy its inability to perform. Notwithstanding the above, performance shall not be excused under this Section for a period in excess of two (2) months, provided that in extenuating circumstances, the City may excuse performance for a longer term. • Economic hardship of the Contractor will not constitute Force Majeure, The term of the agreement shall be extended by a period equal to thatduringwhich either party's performance is suspended under this Section. 2.32 Canadian. Companies In the event Contractor is a corporation organized under the laws of any province of Canada or is a Canadian federal corporation, the City may enforce in the United States of America or . in Canada or in both countries. a judgment entered against the Contractor. The Contractor waives any and all defenses to the City's enforcement in Canada, of a judgment entered by a court in the United States of America. All monetary amounts set forth in this Contract are in. United States dollars. 2.33 News Releases/Publicity News releases, publicity releases, or advertisements relating to this contract or the tasks or projects associated with the project shall not be made without prior City approval. 2.34 Approved Equal or Alternative Product Bids This is a manufacturer/brand/model specification. No substitutions will be allowed. 2.35 Contract Period The initial contract term shall commence upon date of award by the City, and shall expire two years from that date. The City reserves the right to extend the contract for two, additional one year terms, providing all terms conditions and specifications remain .the same, both parties agree to the extension, and such extension is approved by. the City. In the event services are scheduledto end because of the expiration of this contract, the Contractor shall continue the service upon the request of the City as authorized by the awarding authority. The extension period shall not extend for more than 180 days beyond the expiration date of the existing contract. The Contractor shall be compensated for the service at the rate in effect when this extension clause is invoked by the City. 2.36 Cost Adjustments Prices quoted shall be firm for the initial contract term of two years. No cost increases shall be accepted in this initial contract term. Please consider this when providing pricing for this request for proposal. Thereafter, any extensions which may be approved by the City shall be subject to the following: costs for any extension terms shall be subject to an adjustment only if increases or decreases occur in the industry. Such adjustment shall be based on the latest yearly percentage increase in the All. Urban Consumers Price Index (CPI.-.U) as published by the Bureau of Labor Statistics, U.S. Dep't. of Labor, and shall not exceed five percent (5%). The yearly increase or decrease in the CPI shall be that latest Index published and available for the calendar year ending 12/31, prior to the end of the contract year then in effect, as compared to the index for the comparable month, one-year prior. Any requested adjustment shall be fully documented and submitted to the City at least ninety 4/29/2019 12:64 PM 4/21/2021 2:26 PM p. 21 p. 113 citHYPcIritAlielerdaie Sokla#1388 (90) days prior to the contract anniversary date. Any approved cost adjustmentsshall become effective on the beginning date of the approved contract extension. The City may, after examination, refuse to accept the 'adjusted costs if they are not properly documented,or considered to be excessive, or if 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 Contract will be considered cancelled on the scheduled expiration date, 2.37 Service Test Period If the Contractor has not previously performed .the services to the city, the City reserves the right to require a test period to determine if the Contractor can perform in accordance with the requirements of the contact, and to the City's satisfaction. Such test period can be from thirty to ninety days, and will be conducted under all specifications, terms and conditions contained in the contract. This trial period will then become part of the initial contract period. A performance evaluation will be conducted prior to the end of the test period and that evaluation will be the basis for the City's decision to continue with the Contractor or to select another Contractor (if applicable). 2.38 Contract Coordinator The City may designate a Contract Coordinator whose principal duties shall be: Liaison with Contractor. Coordinate and approve all work under the contract. Resolve any disputes. Assure consistency and quality of Contractor's performance. Schedule and conduct Contractor performance evaluations and document. findings. Review and approve for payment all invoices for work performed or items delivered. 2.39 Contractor Performance Reviews and Ratings The City Contract Coordinator may develop a Contractor performance evaluation report. This report shall be used to periodically review and rate the Contractor's performance under the contract with performance rating as follows: Excellent Far exceeds requirements. Good Exceeds requirements Fair Just meets' requirements: Poor Does not meet all requirements and contractor is subject to penalty provisions under the contact. Non-compliance Either continued poor performance after notice or a performance level that does not meet a significant portion of the requirements. This rating makes the.. Contractor subject to the default or cancellation for cause provisions of the. contract. The report shall also list all discrepancies found during the review period. The Contractor shall be provided with a copy of the report, and may respond in writing if he takes exception to the report : or wishes to comment on the 'report. Contractor performance reviews and subsequent reports will be used in determining the suitability of contract extension. 2.40 Substitution of Personnel N/A 4/29/2019 12:54 PM p. 22 4/21/2021 2:26 PM p. 114 CIt9tWR ALMitierdale So NeiOnta 388 2.41 Ownership of Work -- N/A 2.42 Condition of Trade -In Equipment - N/A 2.43 Conditions of Trade -In Shipment and Purchase Payment - N/A 2.44, Verification of Employment Status - N/A 2.45 Service Organization Controls - N/A 2.46 Warranties of Usage Any estimated quantities listed are for information and tabulation purposes only. Nowarranty or guarantee of quantities needed is given or implied. It is understood that the Contractor will furnish the City's needs as they arise. 2.47 .Rules and Submittals. of Bids The signer of the bid must declarethat the only person(s), company or parties interested in the proposal as principals •arenamed therein; that the bid is made without, collusion with any other person(s), company or parties submitting a bid; that it is in all respects fair and in good faith, without collusion or fraud; and that the signer of .the bid has full authority to bind the principal bidder. 2.48 Bid Tabulations/Intent to Award Notice of Intent to Award Contract/Bid, resulting from the City's Formal solicitation process may befound at: http://www.fortlauderdale.gov/departments/finance%procurement-services/notices- of-intent-to-award. Tabulations of receipt of those parties responding to a formal solicitation may • be found at: http://www.fortlauderdale.gov/departments/finance/procurement-services/bid- results, or any interested party may call the Procurement Services Division at 954-828-5933. 2.49 Public Records All bids will become the property of the City: The Bidder's response to the ITB is a public record pursuant to Florida law, which is subject to disclosureby the City under the State of Florida Public Records Law, Florida Statutes Chapter 119.07 ("Public Records Law"). . The City shall permit public access to all documents, papers, letters or other material submitted in connection with this ITB and any resulting Contract to be executed for this ITB, subject to the provisions of Chapter 119.07 of the Florida Statutes. Any language contained in the Bidder's response to . the ITB purporting to require confidentiality of any portion of the.: Bidder's response .to the ITB, except to the extent thatcertain information is in the City's opinion. a Trade Secret pursuant to Florida law, shall be void. If a Bidder'submits• any documents or other information to the City which the Bidder claims is Trade Secret information and exempt from Florida Statutes' Chapter 119.07 ("Public Records Laws"), the Bidder shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt: :The Bidder must specifically identify the exemption being claimed under. Florida Statutes 119.07. The City shall be the final arbiter of whether any information contained in the Bidder's response to the ITB constitutes a Trade Secret. The city's determination of whether an exemption applies shall be final, and the Bidder agrees to defend, indemnify, and hold harmless the city and the city's officers, employees, and agent, against any Toss or damages incurred by any person or entity as a result of the city's treatment of records as public records. In the event of Contract award, all documentation produced as part of the Contract shall become the exclusive property of the City. . IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT. CONTACT THE CUSTODIAN 4/29/2019 12:54 PM p, 23 4/21/2021 2:26 PM p. 115 Cit96YretfrMINIMerdale Soa 1388 OF PUBLIC RECORDS AT: (954.828.5002, PRRCONTRACT@FORTLAUDERDALE.GOV, CITY CLERK'S OFFICE, 100 NORTH ANDREWS AVENUE, FORT LAUDERDALE, FLORIDA 33301) Contractor shall: 1. Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service. 2. Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes (2017), as may be amended or revised, or as otherwise provided bylaw: 3..'Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the durationof the contract term and following completion of this contract if the Contractor does not transfer the records to the City. 4. Upon completion of the Contract, transfer, at no cost, to the City all public recordsin possession of the Contractor or keep and maintain public records required by the City to performthe service. If the ;Contractor transfers_ . all public records to the City upon completion of this Contract, the Contractor shall destroy any duplicatepublic recordsthat are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of this Contract, the Contractor shall meet all applicable requirements for retaining public records:: All • records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format thatis compatible with the information technology systems of the. City. 2.60 PCI (Payment Card Industry). Compliance Contractor agrees to comply with all applicable state, federal and international laws, as well as industry best practices, governing the collection, access, use, disclosure, safeguarding and destruction of protected information. Contractor and/or any subcontractor that handles credit card data must be, and remain, PCI compliant under the current standards and will provide documentation confirming compliance upon request by the City of Fort Lauderdale, failure to produce documentation could result in termination of the contract. END OF SECTION 4/29/2019 12:54 PM p. 24 4/21/2021 226 PM p. 116 CitA1F@F'11 iiii rdafe SECTION III . TECHNICAL SPECIFICATIONS/SCOPE OF. SERVICES Sotg42661.1E§388 3.01. SCOPE OF WORK The Contractor. shall provide barricades, flashers and other related items described below. Such items will be delivered to and/or removed from any participating agency's location or job site in Miami -Dade, Broward or Palm Beach Counties; All costs for the described service shall be as stated in the bid proposal. This service shall be available twenty-four hours per day, seven days per week. Delivery shall be made within. two. (2) hours of notification. Pick-up . shall be made within 72 hours of notification. Consideration will be given for signs other than those specified above for the amount of time necessary toprepare the sign(s). There will be no minimum quantities or minimum unit day requirements. 3.02. BASIC SERVICES The Contractor shall employ personnel who are competent and experienced in providing the above stated services, to provide services that are equal to the practice prevalent by contractors performing the same work and commensurate with the magnitude and intricacy of the: work under consideration. The Contractor shall: A. Have two-way radio dispatched delivery trucks, or cell phones and provide. the City with toll -free telephone numbers for service request calls. B. Provide the city or participating agencywith a. contactphone number that is monitored twenty-four hours per day. C. Deliver items as ordered. Where units delivered are other than what was ordered or where the units do not conform to specifications, including flashers that do not flash, the delivery requirement shall not be considered as met. D. Provide the City or participating agency with an estimated time of delivery or pick-up when service requests are made. E. Replace any units found. to be damaged or inoperable at no additional cost to the City, with delivery and pick-up times for the replacementsmeeting the above time requirements. F. Provide an order number to the City for each order at the time it is made in order to confirm the order. Receipts for each day's deliveries shall be faxed to the. Public Works Dispatcher by 5:00 PM the same day. .The fax number is 954-828-7881. Receipts for deliveries made after 5:00 PM shall be faxed .the next business. day. The receipt shall contain the order number, date and time of delivery and the number and type of each unit. This requirement will vary by agency. 4/29/2019 12:54 PM p. 25 4/21/2021 2:26 PM p. 117 CitA( WERbrdale Sciiicdtg a1 l 388 G. Provide a pick-up number to the City or participating agency for each order that has been requested for pick up at the time it is made in order to confirm pick up. Receipts for each day's pick-ups shall be faxed to the Public Works Dispatcher by 5:00PM the same day. The fax number is 9547828 7881. Receipts for pick-ups made after 5:00 PM shall be faxed the next business day All barricades, signs and arrow boards shall be removed at the time of pick-up. If at the time of pick-up, the Contractor chooses not to remove all items for any reason, the Contractor shall notify the Public Works Dispatcher via fax by the next business day. The notice shall refer to the pick-up number and explain the reason why the Contractor elected not to remove all of the items. H. Include the order number or pick-up number in any correspondence referring to said orders or pick-ups. I. If items are not available for delivery as ordered, the contractor must notify the City prior to delivery of any changes. 3.03. ADDITIONAL SETUP SERVICES Normally, the items requested will be delivered to a stated site and set-up by City or agency staff. However, where such staff is unavailable, it may be necessary for the Contractor to set- up this equipment for maintenance of traffic and/or pedestrian safety. The bidder shall quote a firm fixed price for this service on the Bid Proposal page. Price to vary per number of units requested. For bidding purposes, assume 20% of the estimated quantities listed in paragraph 2.06 will be required to be set-up by the Contractor. 3.03a ADDITIONAL SERVICES A. Maintenance of Traffic (MOT) drawing and permit — a participating agency may sometimes be required to perform work on a state, county or city roadway that requires a Maintenance of Traffic drawing and permit. The bidder will state a fee for this service on the Bid Proposal Pages. B. Site visits — if the Contractor has set-up the barricades and other devices per the additional set-up services of paragraph 2.06 below, the MOT permit requires that the site be inspected periodically to insure compliance with the MOT drawing. The bidder will state a cost per site visit for this service in the Bid Proposal Pages. 3.04. EQUIPMENT TO BE FURNISHED A. Flasher barricades - shall be Type I, Type II and Type III (as required) as specified in Part VI of the Manual on Uniform Traffic Control Devices (MUTCD), Federal Highway Administration, and shall conform to the requirements of that manual. 4/29/2019 12:54 PM p. 26 4/21/2021 2:26 PM p. 118 CitcigM'erdale Soaltd_§088 B. Warning and Regulatory Signs (non -electrical) — shall conform to the requirements and specifications contained in Part VI of the Manual on Uniform Traffic Control Devices (MUTCD), Federal. Highway Administration. Signs shall include, but not be limited to the folloWiing: 1. Road Construction — 500 feet. 2. Road Construction -1000 feet. 3. Road Construction -1500 feet.. 4. Keep Left 5. Keep Right 6. Detour 7. Left Lane Ends 8. Right Land Ends 9. Road Closed — Local Traffic Only C. Tripod Stands will hold small to medium sized signs and shall be approximately 3 feet high. D. Sign Stands — will hold medium to large sized signs and shall be approximately 6 feet high. E. Generator powered arrow boards — shall consist of flashing lights in the shape of a right or left arrow. Power is provided by means of a gasoline or diesel generator or a solar powered generator system with battery back up for the hours of darkness. The arrow board must be capable of continuous operation, 24 hours per day. F. Cones - 36" with reflective collar. Red/orange or bright fluorescent orange molded PVC, minimum weight 8 lbs. G. Drums - Drums used for traffic warning or channeling shall be approximately 36" in height and a minimum of 18. in diameter. The markings on drums shall be horizontal, circumferential, orange and white reflector stripes four to eight inches wide, using a material that has a smooth, sealed outer surface that will display the, same approximate size, shape and color day and night. There shall be at least two orange and two white 4/29/2019 12:54 PM p. 27 4/21/2021 2:26 PM p. 119 City# FM.Nerdaie slOitkadgi388 stripes on each drum. If there are non-reflectorized spaces between the horizontal orange and white stripes, they shall be no more than two inches. wide. H. French Barricades - Interlocking steel barriers approximately 7'3" long x 3' 5-3/8" high x 1" tube diameter. Barco model CCB1461 or equal. I. Message Boards - Variable message board, rechargeable battery operated, as specified in the FDOT Roadway and Traffic Design Standards Manual. Boards may be solar - powered, diesel or gas powered with a 25 hour capacity, maintained by vendorper FDOT specifications. J. Traffic Barriers - Triton barrier with bracket mount for sign post/light manufactured by Energy Absorption. Systems Inc. or equal. Water filled plastic jersey barrier with internal metal frame and type "A" lights furnished and installed (FDOT #99-71023-11). K. Vertical Panels - Temporary, Type V.P., with type "A" lights, FDOT #102-74-1, 36" X 12". L. Barrier (Caution) tape — shall consist of 3 inch by 3 mil by 300 feet roll of yellow, reflective tape with the word "CAUTION" printed in black at intervals on the entire length of the tape. 3.05 PARTICIPATING CO-OP MEMBERS A. City of Aventura 19200 W. Country Club Drive Aventura, FL 33180 Contact:lndra Sarju Email: sarjui@cityofaventura.com Phone: 305-466.-8925 B. Broward County Water & Wastewater Services 2555 West Copans Rd Pompano Beach, FL 33069 Contact: Ellie O'Connell Email: eoconneli@broward.org C. City of.Cooper City 9070 SW 519t Cooper City, FL 33328 Contact: Tim Fleming Email: Tfleming@coopercityfl.org Phone: 954-831-0935 Phone: 954-434-2300 4/29/2019 12:54 PM 4/21/2021 2:26 PM p. 28 p. 120 Cit $NP4iri iafirderdale Soaps„ . ;388 D. City of Coral Springs 9500 West Sample Road Coral Springs, FL 33065 Contact: Leo Bermudez Email: Mmachuca@coralsprings.org E. Town of Davie 6591 Orange Drive Davie, FL 33314 Contact: Jenna Albers Email: Jalbers@davie-fl.gov F. City of Fort Lauderdale 949. NW 381h Street Ft. Lauderdale, FL 33309 Contact: Donna McMahon Email:DMcMahon@fortlauderdale,gav C. City of Hallandale Beach 410 SE 3rd Street Hallandale Beach, FL 33009 Contact: Bob Williams Email: Rwilliams@cohb.org 630 NW 2nd Street Hallandale Beach, FL 33009 Contact: Randy Stovall Email: Rstovall@cohb.org H. City of Margate 5790 Margate Blvd Margate, FL 33063 Contact: Ben Trapani Email: Btrapani@margatefl.com I. City of Miramar 2300 Civic Center Place Miramar, FL 33025 Contact: A Ayum Email: aayum@miramart1.gov Phone: 954-344-1101 Phone: 954-797-1131 Phone: 954-828-4786 Phone: 954-457-1452 Phone: 954-457-1618 'Phone: 954-935-5258 Phone: 954-602-3054 4/29/2019 12:64 PM p. 29 4/21/2021 2:26 PM p. 121 Cit bttYlVt 1 brdale ScE1.104 6d-M§388 J. City of North Lauderdale 701 SW 71 st Ave North Lauderdale, FL 33068 Contact: Ann- Marie Fraser Email: afraser@nlauderdale.org K. City of North Miami Beach 17011 NE 19th Ave North Miami Beach, FL 33062 Contact: Meghan Bennett Email: Bids@citynmb.com L. City of Oakland Park 3650 NE 12th Ave Oakland Park; FL 33334 Contact: Maggie Turner Email: maggiet@oaklandparkfl.gov M. City of Riviera Beach 800 West Blue Heron Blvd Riviera Beach, FL 33404 Contact: Pamela Daley Email: pdaley@rivierabch.com N. City of Sunrise 10770 W. Oakland Park Blvd Sunrise, FL 33357 Contact: Wendy Lorenzo Email: wlorenzo@sunrisefl.gov Phone: 954-597-4718 Phone: 305-948-2946 Phone: 954-630-4257 Phone: 561-644-1069 Phone: 954-572-2485 10500 NW 55th St Contact: John Fintak Phone: 954-572-2395 O. Town of Palm Beach 951 Okeechobee Rd West Palm Beach, FL 33401 Contact: Eugene Bitteker Email: ebitteker@townofpalmbeach.com P. City of Weston 17200 Royal Palm Blvd Phone: 561-227-7006 4/29/2019 12:64 PM p. 30 4/21/2021 2:26 PM p. 122 Cit 1 Y gIVE? Ierdaie Soliisprii226M88 Weston, FL 33331 Contact: Martha Perez-Garviso Email: mperezgarviso@westonfl.org Q. City of Wilton Manors 2020 Wilton Dr Wilton Manors, FL 33305 Contact: David Archacki Email: darchacki@wiltonmanors.com Phone: 954-385-2000 Phone: 954-390-2190 3.06 ESTIMATED QUANTITIES (Total for Co -Op) 1. Flasher Barricades, Type I 19256 DAY UNITS 2. Flasher Barricades, Type II 27605 DAY UNITS 3. Flasher Barricades, Type III 2430 DAY UNITS 4. Warning/Regulatory Signs 9959 DAY UNITS 5. Tripods 754 DAY UNITS 6. Sign Stands 10413 DAY UNITS 7. Generator. Powered Arrow Boards 613 DAY UNITS 8. Cones 20900 DAY UNITS 9. Drums 3646 DAY UNITS 10. French Barricades 14268 DAY UNITS 11. Message Boards 951 DAY UNITS 12. Traffic Barriers 2797 DAY UNITS 13. Vertical Panels 12528 DAY UNITS 14. Barrier (Caution)Tape(300' rolls) 1408 ROLLS 15. M.O.T 1386 DAY UNITS 16. Traffic Barriers 1460 DAY UNITS Additional Set-up Services — Provide pricing for each group of units on bid proposal pages. Flasher Barricades 1 — 20 Units 21 — 50 Units 50 —100 Units 4/29/2019 12:54 PM 4/21/2021 2:26 PM p. 31 p. 123 Cll}�fi $ftYl brdale ScgRitl@dag388 Signs Over 100 Units 1- 10 Units Over 10 Units Lane closure with signs, barricades, and 1 arrow board Optional Services 1. MOT Drawing/Permit, per site 2. Site Visits — per visit BIDDER MUST BID ON ALL ITEMS LISTED IN ORDER TO BE CONSIDERED FOR AWARD. 3.07. RESPONSIBILITY FOR LOSS, THEFT OR DAMAGE The City of Fort Lauderdale and participating agencies shall not be held responsible for lost, stolen or damaged units and no additional allowance and/or payments will be made to compensate for such. 3.08. WARRANTY OF USAGE The quantities listed above: and on the bid proposal pages are an estimate and are furnished for information and tabulation purposes only. No warranty is given or implied that this is the exact quantity of items or services that will be needed. The contractor is expected to fulfill the City's and co-op's needs as they arise. 3.09. AGENCY OWNED EQUIPMENT In cases of emergency, or. when deemed necessary, the City and participating agencies retain the option of using their own barricades, flashers, signs, tripods, stands, generator powered arrow boards, barrier tape and other such items. 3.10. SAMPLE It may be necessary for bidders to submit a fully working •sample of the flasher barricade. When requested, such sample will be delivered to the .City of Fort Lauderdale, Public Works Administration Building, 949 NW 38th Street, Oakland Park, FL 33309. 3.11. BILLING Billing shall be on the basis of unit day. Said unit day shall befor one (1) unit of barricade/flasher, sign, tripod, sign stand or generator powered arrow board beginning at 12:Q0.. midnight and continuing for the next 24 hours or fraction thereof for the item in use. Barrier (caution) tape will be a purchased item and will not be returned to the Contractor. Each item on the bill shall refer to an order number. The pick-up number shall also be included, if the item was requested to be picked up, • 4/29/2019 12:54 PM p. 32 4/21/2021 2:26 PM p. 124 cit96YPana 4erdale Solitft1226v88 The City's and agencies' using departments and the Contractor will each maintain a daily. record of the total number of barricade days of service. END OF SECTION 4/29/2019 12:54 PM 4/21/2021 2:26 PM p. 33 p. 125 CihikPctritgnerdale Sognityk)1)388 CITY OF FORT LAUDERDALE GENERAL CONDITIONS These instructions and conditions are standard for all contracts for commodities or services issued through the City of Fort Lauderdale Procurement Services Division, The City may delete, supersede, or modify any of these standard instructions for a particular contract by indicating such change in the Invitation to Bid (ITB) Special Conditions, Technical Specifications, Instructions, Proposal Pages, Addenda, and Legal Advertisement. In this general conditions document, Invitation to Bid (ITB), Request for Qualifications (RFQ), and Request for Proposal (RFP) are interchangeable. PART 1 BIDDER PROPOSAL PAGE(S) CONDITIONS: 1.01 BIDDER ADDRESS: The City maintains automated vendor address lists that have been generated for each specific Commodity Class item through. our bid issuing service, BidSync. Notices of Invitations to Bid (ITB 'S) are sent by e-mail to the selection of bidders who have fully registered with BidSync or faxed (if applicable) to every vendor on those lists, who may then view the bid documents online. Bidders who have been informed of a bid's availability in any other manner are responsible for registering with BidSync in order to view the bid documents. There is no fee for doing so. If you wish bid notifications be provided to another e- mail address or fax, please contact BidSync. If you wish purchase orders sent to a different' address, please so indicate in your bid response. If you wish payments sent to a different address, please so indicate on your invoice. 1.02 DELIVERY: Time will be of the essence for any orders placed as a result of this ITB, The City reserves the right to cancel any orders, or part thereof, without obligation if delivery is not made in accordance with the schedule specified by the Bidder and accepted by the City. 1.03 PACKING SLIPS: It will be the responsibility of the awarded Contractor, to attach all packing slips to the OUTSIDE of each shipment, Packing slips must provide a detailed description of what is' to be received and reference the City of Fort Lauderdale purchase order number that is associated with the shipment. Failure to provide a detailed packing slip attached to the outside of shipment may result in refusal of shipment at Contractor's expense. 1.04 PAYMENT TERMS AND CASH DISCOUNTS: Payment terms, unless otherwise stated in this ITB, will be considered to be net 45 days after the date of satisfactory delivery at the place of acceptance and receipt of correct invoice at the office specified, whichever occurs last. Bidder may offer cash discounts for prompt payment but they'will not be considered in determination of award, If a Bidder offers a discount, it is understood that the discount time will be computed from the date of satisfactory delivery, at the place of acceptance, and receipt of correct invoice, at the office specified, whichever occurs last. 1.05 TOTAL BID DISCOUNT: If Bidder offers a discountfor award of all items listed in the bid, such discount shall be deducted from the total of the firm net unit prices bid and shall be considered in tabulation and award of bid. 1.06 BIDS FIRM FOR ACCEPTANCE: Bidder warrants, by virtue of bidding, that the bid and the prices quoted in the bid will be firm for acceptance by the City for a period of one hundred twenty (120) days from the date of bid opening unless otherwise stated in the ITB. 1.07 VARIANCES: For purposes of bid evaluation, Bidder's must indicate any variances, no matter how slight, from ITB General Conditions, Special Conditions, Specifications or Addenda in the space provided in the ITB. No variations or exceptions by a Bidder will be considered or deemed a part of the bid submitted unless such variances or exceptions are listed in the bid and referenced in the space provided on the bidder proposal pages, If variances are not stated, or referenced as required, it will be assumed that the product or service fully complies With the City's terms, conditions, and specifications. By receiving a bid, City does not necessarily accept any variances contained in the bid. All variances submitted are subject to review and approval by the City. If any bid contains material variances that, in the City's sole opinion, make that bid conditional in nature, the City reserves the right to reject the bid or part of the bid that is declared by the City as conditional. 1.0S NO BIDS: If you do not intend to bid please indicate the reason, such as insufficient time to respond, do not offer product or service, unable to meet specifications, schedule would not permit, or any other reason, in the space provided in this ITB. Failure to bid or return no bid comments prior to the bid due and opening date and time, indicated in this ITB, may result in your firm being deleted from our Bidder's registration list for the Commodity Class Item requested in this ITB. 1.09 MINORITY AND WOMEN BUSINESS ENTERPRISE PARTICIPATION AND BUSINESS DEFINITIONS: The City of Fort Lauderdale wants to increase the participation of Minority Business Enterprises (MBE), Women Business Enterprises (WBB), and Small Business Enterprises (SBE) in its procurement activities. If your firm qualifies in accordance with the below definitions please indicate in the space provided in this ITB. Minority Business Enterprise (MBE) "A Minority Business" is a business enterprise that is owned or controlled by one or more socially or economically disadvantaged persons. Such disadvantage may arise from cultural, racial, chronic economic circumstances or background or other similar cause. Such persons include, but are not limited to: Blacks, Hispanics, Asian Americans, and Native Americans. The term "Minority Business Enterprise" means a business at least 51 percent of which is owned by minority group members or, in 4/29/2019 12:54 PM 4/21/2021 2:26 PM p. 34 p. 126 Citiritgierdale So*Ed_i63388 the case of a publicly owned business, at least 51 percent of the stock of which is owned by minority group members. For the purpose of the preceding sentence, minority group members are citizens of the United States who include, but are not limited to: Blacks, Hispanics, Asian Americans, and Native Americans. Women Business Enterprise (WBE) a "Women Owned or Controlled Business" is abusiness enterprise at least 51 percent of which is owned by females or, in the case of a publicly owned business, at least 51 percent of the stock of which is owned by females. Small Business Enterprise (SBE) "Small Business" means a corporation, partnership, sole proprietorship, or other legal entity formed for the purpose of making a profit, which is independently owned and operated, has either fewer than 100 employees or less than $1,000,000 in annual gross receipts. BLACK, which includes persons having origins in any of the Black racial groups of Africa. . WHITE, which includes persons whose origins are Anglo-Saxon and Europeans and persons of Indo-European decent including Pakistani and East Indian. HISPANIC, which includes persons of Mexican, Puerto Rican, Cuban, Central and South American, or other Spanish culture or origin, regardless of race. NATIVE AMERICAN, which includes persons whose origins are American Indians, Eskimos, Aleuts, or Native Hawaiians. ASIAN AMERICAN, which includes persons having origin in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands. 1.10 MINORITY -WOMEN BUSINESS ENTERPRISE PARTICIPATION It is the desire of the City of' Fort Lauderdale to increase the participation of minority (MBE) and women -owned (WBE) businesses in its contracting and procurement programs. While the City does not have any preference or set aside programs in place, it is committed to a policy of equitable participation for these firms. Proposers are requested to include in their proposals a narrative describing their past accomplishments and intended actions in this area. If proposers are considering minority or women owned enterprise participation. in their proposal, those firms, and their specific duties have to be identified in the proposal. If a proposer is considered for award, he or she will be asked to meet with City staff so that the intended MBE/WBE participation can be formalized and included in the subsequent contract. SCRUTINIZED COMPANIES As to any contract for goods or services of $1 million or more and as to the renewal of any contract for goods or services of $1 million or more, subject to Odebrecht Construction, Inc., v. Prasad, 876 F.Supp.2d 1305 (S.D. Fla. 2012), affirmed, Odebrecht Construction, Inc., v. Secretaiy, Florida Department of Transportation, 715 F.3d 1268 (11th Cir, 2013), with regard to the "Cuba Amendment," the Contractor certifies that it is not 'on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, and that it does not have business operations in Cuba or Syria, as provided in section 287.135, Florida Statutes (2018), as may be amended or revised. As to any contract for goods or services of any amount and as to the renewal of any contract for goods or services of any amount, the Contractor certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes (2018), and that it is not engaged in a boycott of Israel, The City may terminate this. Agreement at the City's option if the Contractor is found to have submitted a false certification as provided under subsection (5) of section 287.135, Florida Statutes (2018), as may be amended or revised, or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes (2018), or is engaged in a boycott of Israel, or has been engaged in business Operations in Cuba or Syria, as defined in Section 287.135, Florida Statutes (2018), as may be amended or revised. 1.12 DEBARRED OR SUSPENDED BIDDERS OR PROPOSERS The bidder or proposer certifies, by submission of a response to this solicitation, that neither it nor its principals and subcontractors are presently debarred or suspended by any Federal department or agency. PART II DEFINITIONS/ORDER OF PRECEDENCE: 2.01 BIDDING DEFINITIONS The City will use the following definitions in its general conditions, special conditions, technical specifications, instructions to bidders, addenda and any other document used in the bidding process: INVITATION TO BID (ITB) The solicitation document used for soliciting competitive sealed bids for goods or services. INVITATION. TO NEGOTIATE (ITN) All solicitation documents, regardless of medium, whether attached to or incorporated by. reference in solicitations for responses from firms that invite proposals from interested and qualified firms so the city may enter 4/29/2019 12:64 PM 4/21/2021 2:26 PM p. 35 p. 127 C it9dNP4frMAOJlerdale SoaWr66y388 into negotiations with the firm(s) determined most capable of providing the required goods or services. REQUEST FOR PROPOSALS (RFP) A solicitation method used for soliciting competitive sealed proposals to determine the best value among proposals for goods or services for which price may not be the prevailing factor in award of the contract, or the scope of work, specifications or contract terms and conditions may be difficult to define, Such solicitation will consider the qualifications of the proposers along with evaluation of each proposal using identified and generally weightedevaluation criteria. RFPs may include price criteria whenever feasible, at the discretion of the city. REQUEST FOR QUALIFICATIONS (RFQ) A solicitation method used for requesting statements of qualifications in order to determine the most qualified proposer for professional services. BID -- a price and terms quote received in response to, an ITB. PROPOSAL — a proposal received in response to an RFP. BIDDER — Person or firm submitting a Bid, PROPOSER — Person or firm submitting a Proposal. RESPONSIVE BIDDER — A' firm who has submitted a bid, offer, quote, or response which conforms in all material respects to the competitive solicitation document and all of its requirements. . RESPONSIBLE BIDDER — A firm who is fully capable of meeting all requirements of the solicitation and subsequent contract. The respondent must possess the full capability, including financial and technical, ability, business judgment, experience, qualifications, facilities, equipment, integrity, capability, and reliability, in all respects to perform fully the contract requirements and assure good faith performance as determined by the city, FIRST RANKED PROPOSER - That Proposer, responding to a City RFP, whose Proposal is deemed by the City, the most advantageous to the City after applying the evaluation criteria contained in the RFP. SELLER — Successful Bidder or Proposer who is awarded a Purchase Order or Contract to provide goods or services to the City, CONTRACTOR — Any firm having a contract with the city. Also referred to as a "Vendor", CONTRACT -- All types of agreements, including purchase orders, for procurement of supplies, services, and construction, regardless of what these agreements may be called. CONSULTANT -- A firm providing professional services for the city. 2.02 SPECIAL CONDITIONS: Any and all Special Conditions contained in this ITB that may be in variance or conflict with these General Conditions shall have precedence over these General Conditions, If no changes or deletions to General Conditions are made in the Special Conditions, then the General Conditions shall prevail in their entirety, PART III BIDDING AND AWARD PROCEDURES: 3.01 SUBMISSION AND RECEIPT OF BIDS: To receive consideration, bids must be received prior to the bid opening date and time. Unless otherwise specified, Bidders should use the proposal forms provided by the City. These forms may be duplicated, but failure to use the forms may cause the bid to be rejected. Any erasures or corrections on the bid must be made in ink and initialed by Bidder in ink. All information submitted by the Bidder shall be printed, typewritten or filled in with pen and ink. Bids shall be signed to ink. Separate bidsmust be.submitted.for each ITB issued by the City in separate sealed envelopes properly marked, When a particular ITB or RFP requires multiple copies of bids or proposals they may be included in a single envelope or package properly sealed and identified. Only send bids via facsimile transmission (FAX) if the ITB specifically states that bids sent via FAX will be considered. If such a statement is not included in the ITB, bids sent via FAX will be rejected. Bids will be publicly opened in the Procurement Office, or other designated area, in the presence of Bidders, the public, and City staff. Bidders and the public are invited and encouraged to attend bid openings. Bids will be tabulated and made available for review by Bidder's and the public in accordance with applicable regulations, • 3.02 MODEL NUMBER CORRECTIONS: If the model number for the make specified in this ITB is incorrect, or no longer available and replaced with an updated model with new specifications, the Bidder shall enter the correct model number on the bidder proposal page; In the case of an updated model with new specifications, Bidder shall provide adequate information to allow the City to determine if the model bid meets the City's requirements. 3.03 PRICES QUOTED: Deduct trade discounts, and quote firm net prices. Give both unit price and extended total. In the case of a discrepancy in computing the amount of the bid, the unit price quoted will govern, All prices quoted shall be F.O.B. destination, freight prepaid (Bidder pays and bears freight charges, Bidder owns goods in transit and files any claims), unless otherwise stated in Special Conditions. Each item must be bid separately. No attempt shall be made to tie any item or items contained in the ITB with any other business with the City. 3.04 TAXES:. The City of Fort Lauderdale is exempt from Federal Excise and Florida Sales taxes on direct purchase of tangible property. Exemption' number for EIN is 59-6000319, and State Sales tax exemption number is 85-8013875578C-1. • 3.05 . WARRANTIES OF USAGE: Any quantities listed in this ITB as estimated or.projected are provided for tabulation and information purposes only. No warranty or guarantee of quantities is given or implied, It is understood that the Contractor will furnish the City's needs as they arise: 3.06 APPROVED EQUAL: When the technical specifications call for a brand name, manufacturer, make, model, or vendor catalog number with acceptance of APPROVED EQUAL, it shall be for the purpose of establishing a level of quality and features desired and acceptable to the City, In such cases, the Citywill be receptive to any unit that would be considered by qualifred City personnel as an approved equal. In that the specified make and model represent a level of quality and features desired by the City, the Bidder must state clearly in the bid any variance from those specifications. It is the Bidder's responsibility to provide adequate information, in the bid, to enable the City to ensure that the bid meets the required criteria, If adequate information is not submitted with the bid, it may be rejected. The City will be the sole judge in determining if the item bid qualifies as an approved equal. 4/29/2019 12:54 PM p, 36 4/21/2021 2:26 PM p. 128 Cit i l rM galerdale So Iitpliain 1388 . 3.07 MINIMUM AND MANDATORY TECHNICAL SPECIFICATIONS: The technical specifications may includeitems that are considered minimum, mandatory, or required. If any Bidder is unable to meet or exceed these items, and feels that the technical specifications are overly restrictive, the bidder must notify the Proourement Services Division immediately, Such notification . must be received by the Procurement Services Division, prior to the deadline contained in the ITB, for questions of a material nature, or prior to five (5) days before bid due and open date, whichever occurs first, If no such notification is received prior to that deadline, the City will consider the technical specifications to be acceptable to all bidders. 3.08 MISTAKES: Bidders are cautioned to examine all terms, conditions, specifications, drawings, exhibits, addenda, delivery instructions and special conditions pertaining to the ITB, Failure of the l3idder to examine all pertinent documents shall not entitle the bidder to any relief from the conditions imposed in the contract. 3.09 SAMPLES AND DEMONSTRATIONS: Samples or inspection of product may be requested to determine suitability. Unless otherwise specified in Special Conditions, samples shall be requested after the date of bid opening, and if requested should be received by the City within seven (7) working days of request. Samples, when requested, must be furnished free of expense to the City and if not used in testing or destroyed, will upon request of the Bidder, be returned within thirty (30) days of bid award at Bidder's expense, When required, the City may request full demonstrations of units prior to award. When such demonstrations are requested, the Bidder shall respond promptly and arrange a demonstration at a convenient location, Failure to provide samples or demonstrations as specified by the City may result in rejection of a bid. 3.10 LIFE CYCLE COSTING: If so specified in the ITB, the City.may elect to evaluate equipment proposed on the basis of total cost of ownership. In using Life Cycle Costing, factors such as the following may be considered: estimated useful life, maintenance costs, cost of supplies, labor intensity, energy usage, environmental impact, and residual value.. The City reserves the right to use those or other applicable criteria, in its sole opinion that will most accurately estimate total cost of use and ownership. 3.11 BIDDING ITEMS WITH RECYCLED CONTENT: In addressing environmental concerns, the City of Fort Lauderdale encourages Bidders to submit bids or alternate bids containing items with recycled content, When submitting.bids containing items with recycled content, Bidder shall provide:documentation adequate for the City to verify,the recycled content, The City prefers packaging consisting of materials that are degradable or able to be recycled. When specifically stated in the ITB, the City may give preference to bids containing items manufactured with recycled material or packaging that is able to be recycled, 3.12 USE OF OTHER GOVERNMENTAL CONTRACTS: The City reserves the right to reject any part or all of any bids received and utilize other available governmental contracts, if such action is in its best interest. 3.13 QUALIFICATIONS/INSPECTION Bids will only be considered from firms normally engaged in providing the types of commodities/services specified herein. The City reserves the right, to inspect. the Bidder's facilities, equipment, personnel, and organization at any time, or to take any other action necessary to determine Bidder's ability to perform. The Procurement Director reserves the right to reject bids where evidence or evaluation is determined to indicate inability to perform; 3.14 BID SURETY: If Special Conditions require a bid security, it shall be submitted in the amount stated, A bid security can be in the form of a bid bond or cashier's check. Bid security Will be returned to the unsuccessful bidders as soon as practicable after opening of bids. Bid security will be returned to the.suceessful bidder after acceptance of the performance bond, if required; acceptance of insurance coverage, if required; and full execution of contract documents, if required; or conditions as stated in Special Conditions. 3.15 PUBLIC RECORDS/TRADE SECRETS/COPYRIGHT: The Proposer's response to the RFP is a public record pursuant to Florida law, which is subject to disclosure by the City under the State of Florida Public Records Law, Florida Statutes Chapter 119.07 ("Public Records Law"), The"City shall permit public access to all documents, papers, letters or other material submitted in connection with this RFP and the Contract to be executed for this RFP, subject•to the provisions of Chapter 119.07 of the Florida Statutes. Any language contained in the Proposer's response to the RFP purporting to require confidentiality of 'any portion of the Proposer's response to the RFP, except to the extent that certain information is in the City's opinion a Trade Secret pursuant to Florida law, shall be void. If a Proposer submits any documents or other information to the City which the Proposer claims is Trade Secret information and exempt from Florida Statutes Chapter 119.07 ("Public Records Laws"), the Proposer shall clearly designate that it is a Trade Secret and that it is asserting that the document Cr information is exempt. The Proposer must specifically identify the exemption being claimed under Florida Statutes 119.07. The City shall be the final.arbiter of whether any information contained in the Proposer's response to the RFP constitutes a Trade Secret. The city's determination of whether an exemption applies shall be final, and the proposer agrees to defend, indemnify, and hold harmless the City and the City's officers, employees, and agents, against any loss or damages incurred by any person or entity as a result of the City's treatment of records as public records. In addition, the proposer agrees to defend, indemnify, and hold harmless the City and the City's officers, employees, and agents, against any loss or damages incurred by any person or entity as a result of the City's treatment of records as exempt from disclosure or confidential. Proposals bearing copyright symbols or otherwise purporting to be subject to copyright protection in full or in part may be'rejected, The proposer authorizes the City to publish, copy, and reproduce any and .all documents submitted to the City bearing copyright symbols or otherwise purporting to be subject to copyright protection. EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA 4/29/2019 12:64 PM p. 37 4/21/2021 2:26 PM p. 129 Cit ixlrWfrMialtrolerdale SoltalticE86388 LAW, DO NOT MARK YOUR RESPONSE TO THE RFP AS PROPRIETARY OR CONFIDENTIAL. DO NOT MARK YOUR RESPONSE TO THE RFP OR ANY PART THEREOF AS COPYRIGHTED. • 3.16 PROHIBITION OF INTEREST: No contract will be awarded to a bidding' firm. who has City elected officials, officers or employees affiliated with it, unless the bidding firm has fully complied with current Florida State Statutes and City Ordinances relating.to this issue. Bidders must disclose any such affiliation: Failure to disclose any such affiliation will result in disqualification of the Bidder and removal of the Bidder from the City's bidder lists and prohibition from engaging in any business with the City. 3.17 RESERVATIONS FOR AWARD AND REJECTION OF BIDS: The City reserves the right to accept or reject any or all bids; part of bids, and to waive minor irregularities or variations to specifications contained in bids, and minor irregularities in the bidding process. The City also reserves the right to award the contract on a split order basis, lump sum basis, individual item basis, or such combination as shall best serve the interest of the City., The City reserves the right to make an award to.the responsive and responsible bidder whose product or service meets the terms, conditions, and specifications of the ITB and whose bid is considered to best serve the City's interest. In determining the responsiveness of the offer and the responsibility of the Bidder, the following shall be considered when applicable. the ability, capacity arid skill of the Bidder to perform as required; whether the Bidder can perform promptly, or within the time specified, without delay or interference; the 'character, integrity, reputation, judgment, experience and efficiency of the Bidder; the quality of past performance by the Bidder; the previous and existing compliance by the Bidder with related laws and ordinances; the sufficiency of the Bidder's financial resources; the availability, quality and adaptability of the Bidder's supplies or services to the required use; the ability of the Bidder to provide future maintenance, service or parts; the number and scope of conditions attached to the bid. If the ITB provides for a contract trial period, the City reserves the right, in the event the selected bidder does not perform satisfactorily, to award a trial period to the next ranked bidder or to award a contract to the neit ranked bidder, if that bidder has successfully provided services to the City in, the past. This procedure to continue until a bidder is selected or the contract is re- bid, at the sole option of the City. 3.18 LEGAL REQUIREMENTS: Applicable provisions of all federal, state,county laws; and local ordinances, rules and regulations, shall govern development, submittal and evaluation of all bids received in response hereto and shall govern any all olefins and disputes which may arise between person(s)'submitting a bid response hereto and the City by and through its officers, employees and authorized representatives, or any other person, natural or otherwise; and lack' of knowledge by any bidder shall not constitute a cognizable defense against the legal effect thereof . • 3.19 BID PROTEST PROCEDURE: ANY PROPOSER OR BIDDER WHO IS NOT RECOMMENDED FOR AWARD OF A CONTRACT AND WHO ALLEGES A FAILURE BY THE CITY TO FOLLOW THE CITY'S PROCUREMENT ORDINANCE OR ANY APPLICABLE LAW MAY PROTEST TO THE CHIEF PROCUREMENT OFFICER, BY DELIVERING A LETTER OF PROTEST TO THE DIRECTOR OF FINANCE WITHIN FIVE (5) DAYS AFTER A NOTICE OF INTENT TO AWARD IS POSTED ON TIIE CITY'S WEB SITE AT THE FOLLOWING URL: https://www.Tortlauderdale.gov/departments/finance/procurement-services/notices-of intent -to -award THE COMPLETE PROTEST ORDINANCE MAY BE FOUND ON THE CITY'S WEB SITE AT THE FOLLOWING URL: https://libraryanunicode.com/fl/fort_lauderdale/codeskode_of ordinances?. nodeId=COOR_CIL2AD_ARTVFI_DIV2PR_S2.182D1REPR• • . PART IV BONDS AND INSURANCE: 4.01 PERFORMANCE BOND: If a performance bond is required in Special Conditions, the Contractor shall within fifteen (15) working days after notification of award, furnish to the City a Performance Bond, payable to the City of Fort Lauderdale, Florida, in the face amount specified in Special Conditions as ,surety for faithful performance under the terms and conditions of the contract, If the bond is on, an annual coverage basis, renewal for each succeeding year shall be submitted to the City thirty (30) days prior to the termination date of the existing Performance Bond. The Performance Bond must be executed by a surety company of recognized standing, authorized to do business in the State of Florida and having a resident agent. Acknowledgement and agreement is given by both parties that the amount herein set for the Performance Bond is not intended to be nor shall be deemed to be in the nature of liquidated damages nor is it intended to limit the liability of the Contractor to the City in the event of a material breach of this Agreement by the Contractor. 4.02 INSURANCE: The Contractor shall assume full responsibility and expense to obtain all necessary insurance as required by City or specified in Special Conditions. The Contractor shall provide to the Procurement Services Division original certificates of coverage and receive notification of approval of those certificates by the City's Risk Manager prior to engaging in any activities under this contract.. The Contractor'sinsuranee is subject to the approval of the City's Risk Manager. The certificates must list the City as an ADDITIONAL INSURED for General Liability Insurance,, and shall have no less than thirty (30) days written notice of cancellation or material change. Further modification of the insurance requirements may be made at the sole discretion of the City's Risk Manager if circumstances change or adequate protection of the City is not presented. Bidder, by submitting the bid, agrees to abide by such modifications. PART V PURCHASE ORDER AND CONTRACT TERMS: 4/29/2019 12:54 PM p. 38 4/21/2021 2:26 PM p. 130 CI01I M!a erdale So IMag 1388 5:01 COMPLIANCE WITH SPECIFICATIONS, LATE DELIVERIES/PENALTIES: Items offered may be tested for compliance with bid specifications. Items delivered which do not conform to bid specifications may be•rejected and returned at Contractor's expense. Any violation resulting in contract termination for cause or delivery of items not conforming to specifications, or late delivery may also result in: . - Bidder's name being removed from the City's bidder's mailing list for a specified period and Bidder will not be recommended for any award during that period. All City Departments being advised to refrain from doing business with the Bidder, - All other remedies in law or equity. 5,02 ACCEPTANCE, CONDITION, AND PACKAGING: The material delivered in response to ITB award shall remain the property of the Seller until a physical inspection is made and the material accepted to the satisfaction of the City. The material must comply fully with the terms of the ITB, be of the required quality, new, and the latest model. All containers shall be suitable for storage and shipment by common carrier, and all prices shall include standard commercial packaging. The City will not accept substitutes of any. kind, Any substitutes or material not meeting specifications will be returned at the Bidder's expense, Payment will be made only after City receipt and acceptance of materials or services. 5.03 SAFETY STANDARDS: All manufactured items and fabricated assemblies shall comply with applicable requirements of the Occupation Safety and Health Act of 1970 as amended. 5.04 ASBESTOS STATEMENT: All material supplied must be 100% asbestos free. Bidder, by virtue of bidding, certifies that if awarded any portion of the ITB the bidder will supply only material or equipment that is 100% asbestos free. 5.05 OTHER GOVLRNMENTAL ENTITIES: If the Bidder is awarded a contract as a result of this ITB, the bidder may, if the bidder has sufficient capacity or quantities available, provide to other governmental agencies, so requesting, the products or services awarded in accordance with the terms and conditions of the ITB and resulting contract. Prices shall be P,O,B.'delivered to the requesting agency. 5.06 VERBAL INSTRUCTIONS PROCEDURE: No negotiations, decisions, or actions shall be initiated or executed by the Contractor as a result of any discussions with any City employee. Only those communications which are in writing from an . authorized City representative may be considered. Only written communications from Contractors, which are assigned by a person designated as authorized to bind the Contractor, will be recognized by the, City as duly authorized expressions on behalf of Contractors. 5.07 INDEPENDENT CONTRACTOR: The Contractor is an independent contractor under this Agreement. Personal services provided by the Proposer shall be by employees of the Contractor and subject to supervision by the Contractor, and not as officers, employees, or agents of the City, Personnel policies, tax responsibilities, social security, health insurance, employee benefits, procurement policies unless otherwise stated in this ITB, and other similar administrative procedures applicable to services rendered under this contract shall be those of the Contractor. 5.08 INDEMNITY/HOLD HARMLESS AGREEMENT: Contractor shall protect and defend at Contractor's expense, counsel being subject to the City's approval, and indemnify and hold harmless the City and the City's officers, employees, volunteers, and agents from and against any and all losses, penalties, fines, damages, settlements, judgments, claims, costs, charges, expenses, or liabilities, including any award of attorney fees and any award of costs, in connection with or arising directly or indirectly out of any act or omission by the Contractor or by any officer, employee, agent, invitee, subcontractor, or sublicensee of the Contractor. Without limiting the foregoing, any and all such claims, suits, or other actions relating to personal injury, death, damage to property, defects in materials or workmanship, actual or alleged violations of any applicable statute, ordinance, administrative order, rule or regulation, or decree of any court shall be included in the indemnity hereunder, 5.09 TER1 IINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Contractor shall violate any of the provisions of this Agreement, the City may upon written notice to the Contractor terminate the right of the Contractor to proceed under this Agreement, or with such part or parts of the Agreement as to which there has been default, and may hold the Contractor liable for any damages caused to the City by reason of such default and termination, In the event of such termination, any completed services performed by the Contractor under this Agreement shall, at the option of the City, become the City's property and the Contractor shall be entitled to receive equitable compensation for any work completed to the satisfaction of the City. The Contractor, however, shall not be relieved of liability to the City for damages sustained by the City by reason. of any breach of the Agreement by the Contractor, and the City may withhold any payments to the Contractor for the purpose of setoff until'such time as the amount of damages due to the City from the Contractor can be determined. 5.10 TERMINATION FOR CONVENIENCE: The City reserves the right, in the City's best interest as determined by the City, to cancel any contract by giving written notice to the Contractor thirty (30) days prior to the effective date of such cancellation. 5.11 CANCELLATION FOR UNAPPROPRIATED FUNDS: The obligation of the City for payment to a Contractor is limited to the availability of funds appropriated in a current fiscal period, and continuation of the contract into a subsequent fiscal period is subject to appropriation of funds, unless otherwise authorized by law. . 5.12 RECORDS/AUDIT: The Contractor shall maintain during the term of the contract all books of account, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The Contractoragrees to make available to the City Auditor or the City Auditor's designee, during normal business hours and in 4/29/2019 12:54 PM 4/21/2021 2:26 PM p. 39 p. 131 CIt F$trM_R erdale SoNAtg6b1388 Broward, Miami -Dade or Palm Beach Counties, all books of account, reports, and records relating to this contract. The Contractor shall retain all books of account, reports, and records relating to this contract for the duration of the contract and for three years after the final payment under this Agreement, until all pending audits, investigations or litigation matters relating to the contract are closed, or until expiration of the records retention period prescribed by Florida law. or the records retention schedules adopted by the Division of Library and Information Services of the Florida Department of State, whichever is later, 5.13 PERMITS, TAXES, LICENSES: The successfirl Contractor shall, at his/her/its own expense, obtain all necessary permits, pay all licenses, fees and taxes, required to comply with all local ordinances, state and federal laws, rules and regulations applicable to business to be carried out under this contract. 5.14 LAWS/ORDINANCES: The Contractor shall observe and comply with all Federal, state, local and municipal laws, ordinances rules and regulations that would apply to this contract, NON-DISCRIMINATION: The Contractor shall not, in any of its activities, including employment, discriminate against any individual on the basis of race, color, national origin, religion, creed, sex, disability, sexual orientation, gender, gender identity, gender expression, or marital status. 1. The Contractor certifies and represents that it will comply with Section 2-187, Code of Ordinances of the City of Fort Lauderdale, Florida, as amended by Ordinance C-18-33 (collectively, "Section 2-187"). 2, The failure of the Contractor to comply with Section 2-187 shall be deemed to be a material breach of this Agreement, entitling the City to pursue any remedy stated below or any remedy provided under applicable law. 3. The City may terminate this Agreement if the Contractor fails to comply with Section 2.187. 4. The City may retain all monies due or to become due until the Contractor complies with Section 2-187, 5, The Contractor may be subject to debarment or suspension proceedings. Such proceedings will be consistent with the procedures in section 2.183 of the Code of Ordinances of the City of Fort Lauderdale, Florida. 5.15 UNUSUAL CIRCUMSTANCES: If during a contract term where costs to the City are to remain firm or adjustments are restricted by a percentage or CPI cap, unusual circumstances that could not have been foreseen by either party of the contract occur, and those circumstances' significantly affect the' Contractor's cost in providing the required prior items or services, then the Contractor may request adjustments to the costs to the City to reflect the changed circumstances. The circumstances must be beyond the control of the. Contractor, and the requested adjustments must be fully documented, The City may, after examination, 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 will reserve the following options: • 1, The contract can be canceled by the City upon giving thirty (30) days written notice to the Contractor with no penalty to the City or Contractor.` The Contractor shall fill all City requirements submitted to the Contractor until the termination date contained in tho'notice, • 2. The City requires the Contractor to continue to provide the items and services at the firm fixed (non -adjusted) cost until the termination of the contract term then in effect. 3. If the City, in its interest and in its sole opinion, determines that the Contractor in a capricious manner attempted to use this section of the contract to relieve Contractor of a legitimate obligation under the contract, and no unusual circumstances had occurred, the City reserves the right to take any and all action under law or equity. Such action shall include, but not be limited to, declaring the Contractor in default and disqualifying Contractor from receiving any business from the City for a stated period of time. If the City does agree to adjusted costs, these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authorized to bind the City in such "matters. 5.16 ELIGIBILITY: If applicable, the Contractor must first register with the Florida Department of State in accordance with Florida Statutes, prior to entering into a contract with the City. • 5.17 PATENTS AND ROYALTIES: The Contractor, withoutexception, shall defend, indemnify, and hold harmless the City and the City's employees, officers, employees, volunteers, and agents from and against liability of any nature and kind, including cost and expenses for or on account of any copyrighted, patented or un-patented invention, process, or article manufactured or used in the performance of the contract, including their use by the City. If the Contractor uses any design, device, or materials covered by letters, patent or copyright, it is mutually agreed and understood without exception that the bid prices shall include any and all royalties or costs arising from the use of such design, device, or materials in any way involved in the work. . 5.18 ASSIGNMENT: Contractor shall not transfer or assign the performance required by this ITB without the prior written consent of the City. Any award issued pursuant to this ITB, and the monies, which may become due hereunder, are not assignable except 4/29/2019 12:54 PM p, 40 4/21/2021 2:26 PM p. 132 Cit9gYrgrililtaterdale SolgiaiWik33388 with the prior written approval of the City Commission or the City Manager or City Manager's designee, depending on original award approval. 5.19 GOVERNING LAW; VENUE: The Contract shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any lawsuit by either party against the other party or otherwise arising out of the Contract, and for any other legal proceeding, shall be in the courts in and for Rrowar•d County, Florida, or in the. event of federal jurisdiction, in the Southern District of Florida. 5.20 PUBLIC RECORDS: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC. RECORDS RELATING TO THIS CONTRACT,CONTACT THE CUSTODIAN OF PUBLICR .. E. CO R D S. AT. PRRCONTRACT@FORTLAUDERDALE.GOV, 954-828-5002, CITY CLERK'S OFFICE, 100 N. ANDREWS AVENUE, FORT LAUDERDALE, FLORIDA..•33301.: Contractor shall: 1. Keep and maintain public records required by the City to perform the service. 2. Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes (2018), as may be amended or revised, or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the City, 4. Upon completion of the Contract, transfer, at no cost, to the City all public records in possession of the Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the Contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. 4/29/2019 12:54 PM p. 41 4/21/2021 2:26 PM p. 133 CIt9 Y'IgriI! UUerdale SoMlia# W1 88 NON -COLLUSION STATEMENT; E3y signing this offer, the vendor/contractor certifies that this offer is made independently and Fire from collusion.' Vendor shall disclose below any City of Fort Lauderdale, FL officer or employee, or any relative of any such officer or employee who Is an officer or directorof, or has a material interest In, the vendor's business, who is in a position to influence this procurement. Any City of Fort Lauderdale, FL officer or employee who has any input into the writing of specifications or requirements, solicitation of offers, :decision to award, evaluation of offers, Or any other activity pertinent to this procurement is presumed, for purposes hereof, to be in a position to influence this procurement. For purposes hereof, a' person has a material interest if they directly or indirectly own more than 5 percent of the total assets or capital stock of any business entity, or if they:otherwise stand to personally gain if the contract is awarded to this vendor. In accordance with City of Fort Lauderdale., FL Polite and Standards Manual, 6.10.8.3, 3.3. City employees may not contract with the City through any corporation or business entity in which they or their immediate family members hold a controlling financial interest (e.g. ownership o five (5) percent or more). 3.4. Immediate family members (spouse, parents and children) are also prohibited from contracting with the City subject to the same general rules. Failure of a vendor to disclose any relationship described herein shall be reason for debarment in accordance with the provisions of the City Procurement Code. NAME • RELATIONSHIPS In the event the vendor does not indicate any names, the City shall interpret this to mean that the vendor has indicated that no such relationships exist. 4/29/2019 12:54 PM 4/21/2021 2:26 PM p. 42 p. 134 CIt 8Yii4r ll tlerdale Sol1388 CONTRACTOR'S CERTIFICATE OF COMPLIANCE WITH NON-DISCRIMINATION PROVISIONS OF THE CONTRACT The completed and signed form should be returned with the Contractor's submittal. If not provided with submittal, the Contractor, must submit within threebusiness days of City's request. Contractor may be deemed non -responsive for failure to fully comply within stated timefraines.' Pursuant to City Ordinance Sec. 2-187(c), bidders must certify compliance with the Non -Discrimination provision: of the ordinance. The Contractor shall not, in any of his/her/its activities, including employment, discriminate against any individual on the basis of race, color, national origin, religion, creed, sex, disability, sexual orientation, gender, gender identity, gender expression, or marital status. 1. The Contractor certifies and represents that he/she/it will comply with Section:2=187, Code of Ordinances. of the City of Fort Lauderdale; Florida, as amended by Ordinance C-.18.33 (collectively, "Section 2-187"). 2. The failure of the Contractor to comply with Section 2-187 shall be deemed to be a material breach of this Agreement, entitling the City to pursue any remedy stated below or any remedy provided under applicable law. 3. The City may terminate this Agreement if the Contractor fails to comply with Section 2-187. 4. The City may retain all monies due or to become due until the Contractor complies with Section 2- 187. 5. The Contractor may be subject to debarment or suspension proceedings. Such proceedings will be consistent with the procedures in section 2-183 of the Code of Ordinances of the City of Fort Lauderdale, Florida. Authorized Signature Date Print Name and Title 4/29/2019 12:54 PM 4/21/2021 2:26 PM p. 43 p. 135 Cit %t#tynfrM!daderdale s taitft-'388 CONTRACT PAYMENT METHOD. The City of Fort Lauderdale has implemented a Procurement Card (P-Card) program which changes how payments are remitted to its vendors. The City is transitioning from traditional paper checks to credit card payments via MasterCard or Visa •as part of this program. This allows you as a vendor of the City of Fort Lauderdale, to receive your payment fast and safely. No more waiting ,for checks to be printed and mailed. In accordance with Article 7, item 7.6 of the contract, payments on this contract will be made utilizing. the.City''s. P-Card. Accordingly, bidders must presently have the ability to accept these credit cards or take whatever steps necessary to implement acceptance of a card before the start of the contract term, or contract award by the City. Please indicate with which credit card you prefer to be paid: Q Master Card [Visa Card Company Name: Signature: Print Name Title: 4/29/2019 12:54 PM p, 44 4/21/2021 2:26 PM p. 136 citf Ultt rivWftierdale S Iv,: OntJeS0,388 BID/PROPOSAL CERTIFICATION Please Note: If responding to this solicitation through BidSync, the electronic version of the bid response will prevail, unless a paper. version is clearly: marked by the bidder in some manner to indicate that it will supplant the,electronic version. All fields below must be completed. if.the field does not apply to you, please note N/A in that field. If you are a foreign corporation, you may be required to obtain a certificate of authority from the department of state, in accordance with Florida Statute §607.1501 (visit http://www.dos.state.fl.us/), Company: (Legal Registration) Address: City: Telephone No. State: Zip: FAX No. 1. Email: I. Delivery: Calendar days after receipt of Purchase Order (section 1.02 of General Conditions): L Total Bid Discount (section 1.05 of General Conditions): Does your firm qualify for MBE or WBE status (section 1.09 of General Conditions): MBE DWBE (� ADDENDUM ACKNOWLEDGEMENT - Proposer acknowledges that the following addenda have been received and are included in the proposal: Addendum No. Date Issued Addendum No. Date Issued Addendum No. Date Issued IJ I VARIANCES: If you take exception or have variances to any term, condition, specification, scope of service, or requirement in this competitive solicitation you must specify such exception or variance in the space provided below or reference in the space provided below all variances contained on other pages within your response. Additional pages may be attached if necessary. No exceptions or variances will be deemed to be part of the response submitted unless such is listed and contained In the space provided below. The City does not, by virtue of submitting a variance, necessarily accept any variances. If no statement is contained in the below space, itis hereby implied that your response is,in full compliance with this competitive solicitation. If you do not have variances, simply mark NIA. If submitting your response electronically through BIDSYNC you must also click the "Take Exception" button: 4/29/2019 12:54 PM 4/21/2021 2:26 PM p. 45 p. 137 CityCoffyFatrwmalbrdale S. O*4Y 2 8-1353388 The below signatory hereby agrees to furnish the following article(s) or services at the price(s) and terms stated subject to all instructions, conditions, specifications addenda, legal advertisement, and conditions contained in the bid/proposal. I have read all attachments including the specifications and fully understand what is required. By submitting this signed proposal I will accept a contract if approved by the City and such acceptance covers all terms, conditions, and specifications of this bid/proposal. The below signatory also, hereby agrees, by virtue of submitting. or attempting to submit a response, that.in n_ o event shall the City's.liability for respondent's direct, indirect, incidental, consequential, special or exemplary damages, expenses, or lost profits arising out,of this competitive solicitation process, including but not limited to public advertisement, bid conferences, site visits, evaluations, oral presentations, or award proceedings exceed the amount of Five Hundred Dollars ($500.00). This limitation.shall not apply to claimsarising under any provision of indemnification or the City's protest ordinance contained in this competitive solicitation. Submitted by: Name (printed) Date: Signature Title 4/29/2019 12:64 PM p. 46 4/21/2021 2:26 PM p. 138 City of Miami City of Fort Lauderdale Solicitation 1153388 Bid 482051.803 Bid #453-11532 - Barricade and Flasher Rental (Co -Op Annual Contract) Creation Date Dec 11, 2014 Start Date Dec 11, 2014 3:45:16 PM EST 453-11532-01-01 Flasher. Barricades, Type I 453-11532--01-02 Flasher Barricades, Type IT 453-11532--01-03 Flasher Barricades, Type 111 MOT Plans Product Code: Agency Notes: 453.11532--01-05 Tripod Stands Bob's Barricades Product Code: First Offer - $0.01. End Date Jan 29, 2015 2:00:00 PM EST Awarded Date Not Yet Awarded 11090 / day Supplier Product Code: Supplier Notes: Supplier Product Code: Supplier Notes: Supplier Product Code: Supplier Notes: Supplier Product Code: Supplier Notes: 48 / day Supplier Product Code: $0,48 Y 4/29/2019 12:54 PM 4/21/2021 2:26 PM BidSync POT p. 139 Solicitation 1153388 Bid 422681893 Agency Notes: City of Miami City of Fort Lauderdale Supplier Notes: s ,s 453-11532-01-07 Arrow Boards, Generator Powered RoadSafe Traffic Systems Product Code: Agency Notes: 453-11532-01-08 Traffic Cones, 36 inch MOT Plans Product Code: Agency Notes: Supplier Product Code: Supplier Notes: Supplier Product Code: Supplier Notes: Supplier Product Code: Supplier Notes: Supplier Product Code: Supplier Notes: 453-11532--01-10 French Barricades MOT Plans Product Code: Agency Notes: First Offer $6,00 Idgft 6705 / day Supplier Product Code: Supplier Notes: 4/29/2019 12:54 PM 4/21/2021 2:26 PM BidSync pp48 p. 140 City of Miami City of Fort Lauderdale x14 Solicitation 1153388 Bid 012661.892 453-11532-01-11 Message Boards 453-11532--01-12 Traffic Barriers 453.11532--01-14 Barrier (Caution) Tape (300'Ralls) Supplier Product Code: Supplier Notes: Supplier Product Cod Supplier Notes: NIZA Supplier Product Code: Supplier Notes: Supplier Product Code: Supplier Notes: 453-11532--01-15 Optional Set-up Service, Flasher Barricades 1-20 Bob's Barricades Product Code: Agency Notes: 193. / tot Supplier Product Code: Supplier Notes: 4/29/2019 12:64 PM 4/21/2021 2:26 PM BldSync pp49 p. 141 Solicitation 1153388 Bid 452661.892 City of Miami City of Fort Lauderdale 453.11532--01-16 Optional Set-up Services, Flasher Barricades 21-50 $6,000.00 Supplier Product Code: Supplier Notes: 453.11532--01-17 Optional Set-upi services, Flasher Barricades 51-100 Supplier Product Code: Supplier Notes; 453-11532--01-18 Optional Set-up Services, Flasher Barricades Over 100 Bob's Barricades Product Code: Agency Notes: 453-11532--01.19 Optional Set-up Services, Signs 1-10 Supplier Product Code: Supplier Notes: Supplier Product Code: Supplier Notes: 453-11532--01-20 Optional Set-up Services, Signs Over 10 Supplier Product Code: Supplier Notes: 4/29/2019 12:64 PM 4/21/2021 2:26 PM BidSync pp50 p. 142 City of Miami . City of Fort Lauderdale Solicitation 1153388 Bid 492651.992 RoadSafe Traffic Systems Product Code: Agency Notes: Supplier Product Code: Supplier Notes: 453-11532--01-22 Optional Services, MOT Drawing/Permit 453-11532-01.23 Optional Services, Site Visit Supplier Totals Bob's Barricades Agency Notes: 192 / each Supplier Product Code:. Supplier Notes: upplier Product Code: - upplier Notes: Supplier Notes: $151,489.88 (23/23 items) 45 4/29/2019 12:54 PM 4/21/2021 2:26 PM BidSync pp53 p. 143 City of Miami City of Fort Lauderdale Solicitation 1153388 Bid 12265-393 MOTPIans 631 NE 45 St Oakland Park, Fl 33334 Sill To City.. Fort Lauderdale Finance Department 100 N Andrews Ave 6 Floor Fort Lauderdale, FI 33301 Public Works Invoice Date Invoice # 7/31/2018 50905 Ship Ta 200 Las 01as Drive Delivery 31897 PO # Project # Job # Rep . Terms 228813 • Net30 Item Description Quantity x Days Rate Amount Signs Sign stand T3 • Vertical Panel 4 Workxane Signs 7/1.7/31 . 2 Sign Stand 7/1-7/31 2 Typo III Barricade 7/1.-7/31 10 Vertldnl panel 7/1.7/31 • . . Budget t 1 G NA.. 124 62 62 310 0.75 0,25 0.75 0,45 93,00 15,50 46,50 139,50 Invoice# Amt. „41 ,„;,, , Index ode • Q#/PO# • Addressc Job Status .,�.. """ Bar P/U# Bar pll #3.- AI Date Sales Tax (6.0 /o) sue . • Total • • $294.50 Payments/Credlts $0.00 Balance Due $294.50 Phone it • Fax # E-mail • Web Site 954.612.7666 . . 954-759.9186 ARQmotplana.00m www.motplans.00m •4/29/2019 12:54 PM 4/21/2021 2:26 PM p, 52 p. 144 Solicitation 1153388 Bid 12265-393 City of Miami City of Fort Lauderdale MQTPlans • .63I NE 45 St • Oakland Park, FI 33334 Sill To Clty :Felt tauderdala Finanae.Department 100 N Andrews Ave 6 Floor Fort Lauderdale, FI 33301 Public Works lOgice • Date :.<; . ;:;Invaice.# 7/31/201$' ' ; 09Z3 Ship To 421,NE 6 St' Delivery 33802 • PO # project # Job # Rep • Terms . 30322;4 Item. .". laescriptlon Quantity x Days Rate AniSurit T2 Signs , Sign stand • : 15 Typo II Barricade 7/1-7/31 6: Workzone:Signs 7/147/31 : G Sign Stand: 7/1.7/31 . ORIGINAL Budget�,.,.�.,.»..�..., Inv0kk6# -�...- 465 .; 185 . 186 • : 0.45 •:' 0.75 0.25 209.25 138.75 '' 46.50 .. w Amt Index ,Code �ry Address Job Status it PAW Bar Sales Tax 6,O% i ) so,00 „ . Toted • $394,50 Payments/Credits so,00 Balance Due 8394,50 Phone # . •.• Fax # E-mail .. • • Web Site • . .666 954..6J.i27IJI.759 .9186 AR(u motplansioom www•mo{plane,adm'• 4/29/2019 12:54 PM 4/21/2021 2:26 PM p. 53 p. 145 City of Miami City of Fort Lauderdale Bid 12265-393 Solicitation 1153388 • 1vSOTPlalns 631 NE 45 St Oakland Park, .Pl 33334 001$ OCT Bill To City - Fort Lauderdale Finance 1)epartinent 100 N Andrews Ave 6 Floor Fort Lauderdale, FI 33301 Publlo Works 364996 Item Signs Sign stand • r2 Cones Arrow hoard Phone # 954.612.7666 t . Description 4 Workzonc Signs 9/1-9/30 • 4 "sign Stand 9/1-9/30 12 Type II ;Barricade 9/1.9/30 60.36" hi-tapc.Cotics 9/1.9/30 2 Arrow Board 9/(.9/30 IA 'Budget Invoice Amt. Index ode Q#/PO# Address • Job Status„ .,p r1 Bar P/U# Bar Dll.# ... 'g.g'ar?. • rate Fax # C-mail I N 45. Ship To 6555 N Powc;lino Rd D0livery 33520 ' ,lob # 954.759.9136 ' Invoice Date Invoice .# 9/30/2018 52488 'Rep Quantity x Days 120 120 360 1,800 60 Rate 0,75 0.25 0,45 1,00 30.00 Terms Net 30 Amount 90,00 30.00 162,00 1,800,00 1,800.00 1.11111.410,4 MOM, 11.104/4/Mi Sales "Tax 0•;,0%) Payfl1 t►'t;s/Credits &.ili,:tiltC9 Due Web Site $0.00 $3.882.00 • :80,00 $3,382.00 Alt(u)motpinns.com . www.motplans,com 4/29/2019 12:54 PM 4/21/2021 2:26 PM p, 54 p. 146 City of Miami City of Fort Lauderdale • MOTPlana• 631• NE•45: St Oakland Park, Pl. 3334 BIII To Qlty-Soft Lauderdale Finance Department • 100'N Andrews,/We 6 Floor Fort Lauderdale, f133301 Pulillo Works Solicitation 1153388 Bid 12265-393 . Invoice Date :Invoice # 1/5.1/2a18 46561.. Shia, T`o '1 23 Whole brava Dctivoty, 2636•f. P.O # Prrlook # J46.# Rep Terms . 271699 1 Net30 . Item Description QuantIty. x hays ' Rate- Amount • Sins Sign stand ' . 4 Workxane Sfynal/1.1/1, 4 Slgn St0d,1/1•!/31 ' Budget 124;0.75 124 0.25 ' 93,40 ' 31,00 Invaloe# Amt. C ��""` .• c,:�.� Index Oda:{ c;.) ' Q#/P0# Job Status. c' �... «.., ...�,. Bar P/U# •• t:�t Barrc # ..t 1 • • ' Sales Tax MO%.) $0.00 TOftal $124.00 • . 'Payments/0redits 0,00 Baiance,DIM . $124,00 ; Phone # . Fax # • E,rnalt . . . •Wr b 0t4 .954,612.76:66: .954•75949386 . AR(c rnotplans,cam , www,motgl6ns;unnn . 4/29/2019 12:54 PM 4/21/2021 2:26 PM p.55 • p. 147 City of Miami City of Fort Lauderdale MOTP.lah S 63.1NE4,St' Oakland ?irk, FI 3:3334 Bin To City Fart' Lauderdale Mame Dapartnlent 100 N Andraws Ava 6171oor Fort Laudardala,. Pi 3.3301 'Publio Works Solicitation 1153388 Bid 12265-393 Invoice Cate Invoice # 1/3.1/2010 46.545 $.I p'tfo 56.01, NW 10 Too. ;Doltva'ry•32457 PO # Project # Job Rep Terrne • 251217 No130 • Item • Description , quantity x Days Rate ,Ameuilt • .: T2 '2. TM II'Berricndo 1/141/3.1 • Budget (a2 • 0,45" . ' :27,;90 . ., Invoice# '" Amt. • Index Code 4►, r i t t • C2#1PO# Address _ p I1r to AIM ' • 1,') • Job Status �. •F,'.:, Bar P/U# • y�t Bar Dill ;-45' , . • 4,0 Date ,. • i 14_t (,Aa • , 1 +0a :..- ales Tag ,(6.O%) 50,00 , . • >' Tattil .. $27A • • Payments/Credits $6.00 • Balance Due $27,90 Phone # Far# 4-mall •1Neb Site 954-,612.7666 954.759.9,186 Altigntotplans,com www,nrotplans;oom , 4/29/2019 12:64 PM 4/21/2021 2:26 PM p. 56 p. 148 City of Miami City of Fort Lauderdale Solicitation 1153388 Bid 12265-393 MOTP1ans ;, ,y , 4",(Y!. J: r.,t\.;. 6:31.NE• 4S: St OaWatti Park, 'I' 3533 04 t91Ah •~5 m ti•t: I t fi Bill Ta City • Fort Lauderdate. • •:.pinonce peparinnent .1 QO CV Andrews•Ayo •.Cx'11obr Irortt'aridardale, i✓1•5. 61 ;zfubllcW4r1i� Invoice Date .Invoice: # Z/28/2 8 .4,74:20 gp,TQ: . .HW15A90 Bi.NW1.91t ;t U'ety.8 t'I'70, PO0. Protect # .4104 ABP. fi�ttr"as 2a0:dad, lv`er�� Item WBtcrfilted ))arr,ipr,.:. De54rJption 1.2 Wittorfilied-b.arrler v./01.2i1.2/24 Budget Invoice# Amt. Index Cod Q#/P0#M Address, Jab Status Bar PIU# Bar D/l,# 't77'' Date 00entity.xt7ays . Rate Amount 310 2,0 f6;e4 Sales •"Tax (6,O%). Total $Q;ao sz,Qis;oo Payrnentslt radits $b.uo Balance D..tie $2;0,16;QU .'eborte # Web •Site ,•9,544 2'•76:6�i 5,477$.94.18'6 A4tC rnotpl.Qnioin, 4/29/2019 12:54 PM 4/21/2021 2:26 PM p. 57 p. 149 City of Miami City of Fort Lauderdale Solicitation 1153388 Bid 12266-393 1,'katr bakiatoPokiff EftWoi +vt,,y1,i:'';;;;;;,A�,;3' '0 4 'C;L"177.1a;g't:44(1Y ". „! �t[tQi��+dV.ryl"�R'Aif1R7t�. fit;vdiato. Ark, t9,Fi•3I3'Q'l; Ptak %rks: srr.P,•e..:d r`,�r, asr „rr',:� FF.r 06* .:r:il';4yP.:,� I;x,.. a.ri(v(�•dl.<-;3i,..'t":ql_..:?c$ ,1tctlp' itojeotr wookti li VVstttr>ta°S,j,gdts0.48 4: t,Otiolil,: atup1'Seikit, i OKiv.dr ill 7 Wat+rtfii 414rt70r 11' $It $fjt Watgr ilted llyttBr von :8 401 Budge t- •Involc, # , Amt„ Cwil :• index ode WOO Address. `'.Job Statue Bar P/U# 'Bar DO ;Date cd .ti ki' ua4tnlzt41q� t87it. 1 ;At +o..rrATNAI r' goo a ....t••."'",l, l{,°:: •,j,:,:Y :':": ;.t 11:'.! ,.!'.p�. Y�Jy:.a(. �i�2'..?"T7...Y„�NS,�t`.:.,.+•.i.:".1..1.'.6 S�.r: Cdi.let 5y,. •G!,1 y.'LS'.f'Y`f.Y7V" • S' l4M!.Ie4 .! '(pax �r E-tfla(.� ' WWN'.'$•It.1 �:.. :;1: r1. u''.� ''',r�.%..:�k, ;Jl.G:14�;'•.r�:,..tm.!S"P.o..,,<....C...a•d••..✓e,;)...5-•. m.ri r.,.. •• .':'fc•..,. ,I .,-..a drwr.a,r,v .:•psi C•. J ,,440t :7646; 9M455.`2�t $ ''' c A g nioti t tn0. t ,atott iO;aa t • •i 4/29/2019 12;54 PM 4/21/2021 2:26 PM p; 68 •i p. 150 City of Miami City of Fort Lauderdale Solicitation 1153388 Bid 12265-393 , 1\10.7V..1an-s , • ACCOUirl)it • 654.11E.:4$ St . Q0.10.agd:Park, .P.1"153.a.4 2.01 I pm .84 29. .61111 To . • .. „. • . . City"tiadordale pinvicro.PeparVent. :TOO:NAndreWs 'Ave 611loor Port...Lauderdale; -111 33341 PubItc•Works Invoice Date • lleveifee # • .11/31/2017 '41714 , ShIp•To 13"40:14,01,tle '11V •DoliV43,31704 „ . . . . . . . . . , PrOritOtlk . • 4.0.P.:# . X,fig • . • . .. . . .. TOMO . :1•2233;$ ' . . _ . V030 • , • Item ; , • :' Deocflption ' . .„ • : (IuentIty, x bays .1 'Rate , . Amount §1K13 :gign otod, fr2 . • , • :1 0: iPOI'*it'r!? Sk11$"87101.. .1.11$1gitgfailift.-V$I "t4130.0.11flardiAtrielili-8/3.1 . • , • • . . ,, Budge t, C • ,, , ., • . , , . ' • • , • ' . . ' . 316.' .510: '414 . .11,16f . Qi2.$ •0,45.: ., . . 232..0 .: 7/5Q. t. 195..34 • , . . . Involco# Amt. ii• -01,111rlo .. • Index ' o. e.241.17113014411V . Q#/P0# ,froth W.' .. • . . . . Address *111111111111111), . .• . . , Job Statusticel . • ., Bar PAJO. • . • • Bar D!L# 'elan 61- : ' , . • ...... pate i.. , .. , . • • — • . — - • . • ... . , ... . . . • . ,.. • Sales Tax. (6..0.?4,) 0;Oti • ', • . . • , . . • • . , Total. $4.5.34 • • • • • • . PayrontsiCtedits . $o.oe . , . . . , • • .... aa lance ttie: . . Phone IA . ' Fax*, • E;mall . Web ;$ Ite • '.4,'612.10.66 044$9,..)11je . AlcOritotpfuntooni• vnycy.tnixotthwirr . . 4/29/2019 12:54 PM 4/21./2021 2:26 PM p. 59 p. 151 City of Miami City of Fort Lauderdale Solicitation 1153388 Bid 12266-393 Fl E.p(34l i t. 10 2.t 26 Invoice Date Invoice # 7/10/2417 41645 ' —MOTPlans- 631 NE 45 St Oakland Pati, 13111 To City,- Dort Lauderdale Finance Department 100 N Andrews Ave'6 Floor Fort Lauderdale, VI 33301 Public Works POW NON .. _ Project # Job #' Rep Terms ' NO'1,O Net .30: Item Description Quantity x Days Rate Amount French Barricade • VMS ' 'VMS 'Setup • 'Pickup ;340•Frsnch 13arricttda 4'days 5' Variable Message Aaard 6 I ys .3 Variable Message Board 5 days 'Setup Service Saturday VI• Pickup Service.7/$ ORIGINAL . . • . , . 1,360 .30 1'5 1 1 . . .• . 6,00 65A0, •65.00 . 1,00'9,00 1,000 00 8,160,00 1,Q50.00 : 975..0'0 1,b00,00 ' 1,00040 . . , . ' Sales Tax (6.O%) so* . • . • • Total s1s;4as.nt! .Paymsnfs/orod its sa,00 21t ,nee Due $13,085.00 • Phone'# ' Pax'# • fa -mall Web'SIte 954.612;7666 . 95445941116 AXtgr otplans.com • . . '. www;mo"tplans,com , 4/29/2019 12:54 PM 4/21/2021 2:26 PM . p.60 p. 152 City of Miami . City of Fort Lauderdale 4/29/20'I9 12:54 PM '4/21 /2021 2:26 PM Solicitation 1153388 . . BId,12265-393 8 City of Miami City of Fort Lauderdale Solicitation 1153388 Bid 12265-393 ,_'Question and Answers for Bid #12265-393 - Barricade and Flasher Rental (Co -Op !Annual Contract) Overall Bid Questions.. Question 1 Provide the total dollars spent each year of the existing contract this one is replacing. (Submitted: Apr 16, 2019 3:46:26 PM EDT) Answer - The figures listed are only the usage of the City of Fort Lauderdale FY16 $256903 FY17 $314560 FY18 $390497 (Answered: Apr 17, 2019 8:59:38 AM EDT) Question 2 Please provide 20 random work orders for each year of the existing contract this one is replacing. (Submitted: Apr 18, 2019 3:47:20 PM EDT) Answer - Unable to obtain information, however typical work order can contain numerous Items eg. - MOT Drawing - 22 Workzone Signs - 4 Type II Barricade - 4 Type III Barricade - 25 French Barricade 8.36A¢A€A. HI -Tape Cones - 6 Type II Barricades - 2 Type II Barricades - 2 Sign Stand 20,36A¢A€A Hi•tape Cones - 30.36A¢A€A Hi.tape Cones - 15 Type II Barricades - Flasher Barricade 1-20 - 17 Waterfilled Barrier Wail - 1 Arrow Board - 2 Takedown - 50.36A¢A€A Hi•tape Cones - 20 Type II Barricades - 10 Waterfilled Barrier Wall - 8 Vertical panel (Answered: Apr 22, 2019 10:02:41 AM EDT) Question 3 Please provide a copy of special event work orders throughout the duration of the existing contract (Submitted: Apr 16, 2019 3:48:44 PM EDT) Answer - Unable to obtain Information. (Answered: Apr 22, 2019 10:02:41 AM EDT) Question 4 How will the bid tabulation be equated, by the sum of unit or by the sum of quantities? The bid reflects one (1) unit/quantity per item. In previous bids, the quantities have been greater than 1 unit. (Submitted: Apr 18, 2019 8:32:00 AM EDT) Answer - Yes we are asking for the price of one item In each line so we are not limited to only the estimated number of unit days usage. However for tabulation purposes the unit price would be multiplied by the estimated unit days listed in the description and also listed in section 3.06 (Answered: Apr 18, 2019 8:48:49 AM EDT) 4/29/2019 12:54 PM 4/21/2021 2:26 PM p. 62 p. 154 City of Miami City of Fort Lauderdale Solicitation 1153388 Bid 12265-393 Question 5 Please provide spread sheet with current rental rates for the existing contract. (Submitted: Apr 18, 2019 1:13:00 PM EDT) Answer - Attached as addendum noted as previous bid tab. (Answered: Apr 22, 2019 10:02:41 AM EDT) Question 6 for a short term jobs is there a minimum allowance to be charge for r mobilization and demobilization cost?? (Submitted: Apr 18, 2019 1:24:59 PM EDT) Answer - No minimum required. (Answered: Apr 22, 2019 10:02:41 AM EDT) Question 7 the city anticipates to have any emergencies?? if so, can you please provide a line item for pricing. (Submitted: Apr 18, 2019 1:26:47 PM EDT) Answer - Based on section 3.01 where service shall be available 24/7 and delivery within 2 hours, no need for additional emergency requirements. (Answered: Apr 25, 2019 1:56:50 PM EDT) Question 8 In section 3.06: Traffic Barriers are listed on line 12 & 16 with different unit quantity days. What is the difference of equipment on two line items? (Submitted: Apr 19, 2019 8:57:03 AM EDT) Answer - Possible duplication of item in the listing on section 3.06, #12 is the correct item and quantity. However actual line items are not duplicated. (Answered: Apr 22, 2019 10:02:41 AM EDT) Question 9 If vendor A is the lowest bidder overall but not on a particular item (eg. drums). Say Vendor B is the lowest bidder on (eg. drums), Will vendor A be considered the primary vendor on all items or will it be awarded individually based on the particular item's lowest bidder? (Submitted: Apr 23, 2019 12:20:30 PM EDT) Answer - Because of the nature of this bid, it will be difficult to award by line item so from your example above yes vendor A will be considered primary, however vendor B can be listed as secondary. (Answered: Apr 24, 2019 9:10:21 AM EDT) Question 10 In section 3.06: M.O.T. is listed on line 15 with a unit quantity of 1386 days, In reference to the bid Item list What does M.O.T. refer to? MOT drawings, MOT lane closures? or other? (Submitted: Apr 25, 2019 11:57:01 AM EDT) Answer - This references permits/drawings and was based on numbers presented on surveys received from the various co-op members. However this items is represented on line 22 of the bid and is being calculated based on past usage of 200 drawings/permits. (Answered: Apr 25, 2019 1:56:50 PM EDT) Question 11 Provide 20 random invoices from 2018 associated with this contract (Submitted: Apr 25, 2019 11:58:10 AM EDT) Answer - Unable to provide (Answered: Apr 25, 2019 1:56:50 PM EDT) 4/29/2019 12:54 PM 4/21/2021 2:26 PM p. 63 p. 155 City of Miami Solicitation 1153388 City of Miami Invitation for Bid (IFB) Procurement Department Miami Riverside Center 444 SW 2ndAvenue, 6th Floor Miami, Florida 33130 Web Site Address: www.miamigov.com/procurement IFB Number: Title: 1153388 Invitation for Bid for the Rental and Purchase of Barricades Issue Date/Time: 24-FEB-2021 IFB Closing Date/Time: 19-MAR-2021 @ 3:00 p.m. Pre-Bid/Pre-Proposal Conference: Voluntary Pre-Bid/Pre-Proposal Date/Time: 3-MAR-2021 @ 2:00 p.m. Pre-Bid/Pre-Proposal Location: Virtual Via Microsoft Teams Deadline for Request for Clarification: 8-MAR-2021 @ 3:00 p.m. Contracting Officer: Lima, Cristiane Contracting Officer E-Mail Address: clima(a�miamigov.com Contracting Officer Facsimile (305)400-5009 4/21/2021 2:26 PM p. 156 City of Miami Solicitation 1153388 Certification Statement Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and retain a copy for your files. Prices should include all costs, including transportation to destination. The City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a minimum of 180 days following the time set for closing of the submissions. In the event of errors in extension of totals, the unit prices shall govern in determining the quoted prices. We (I) certify that we have read your solicitation, completed the necessary documents, and propose to furnish and deliver, F.O.B. DESTINATION, the items or services specified herein. The undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations, or debarred or suspended as set in section 18-107 or Ordinance No. 12271. All exceptions to this submission have been documented in the section below (refer to paragraph and section). EXCEPTIONS: We (I) certify that any and all information contained in this submission is true; and we (I) further certify that this submission is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and conditions of this solicitation and certify that I am authorized to sign this submission for the submitter. Please print the following and sign your name: PROPOSER NAME: ADDRESS: PHONE: FAX: EMAIL: CELL (Optional): SIGNED BY: TITLE: DATE: FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISQUALIFY THIS RESPONSE. 4/21/2021 2:26 PM p. 157 City of Miami Solicitation 1153388 Certifications Legal Name of Firm: Federal Employer Identification Number (FEIN): Year Established: Office Location: City of Miami, Miami -Dade County, or Other Business Tax Receipt/Occupational License Number: Business Tax Receipt/Occupational License Issuing Agency: Business Tax Receipt/Occupational License Expiration Date: Will Subcontractor(s) be used? (Yes or No) If subcontractor(s) will be utilized, provide their name, address and the portion of the work they will be responsible for under this contract (a copy of their license(s) must be submitted with your bid response): Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (i.e. Addendum No. 1, 1/1/2020). If no addendum/addenda was/were issued, please insert N/A. If Bidder has a Local Office, as defined under Chapter 18/Article III, Section 18-73 of the City Code, has Bidder filled out, notarized, and included with its bid response the "City of Miami Local Office Certification" form? YES OR NO? 4/21/2021 2:26 PM p. 158 City of Miami Solicitation 1153388 Reference No. 1: Name of Company/Agency for which Bidder is currently providing the services/goods as described in this solicitation, or has provided such services/goods in the past: Reference No. 1: Address, City, State, and Zip for above reference company/agency listed: Reference No. 1: Name of Contact Person, Telephone Number and Email for above reference no. 1 Reference No. 1: Date of Contract or Sale for above reference no. 1 Reference No. 2: Name of Company/Agency for which Bidder is currently providing the services/goods as described in this solicitation, or has provided such services/goods in the past: Reference No. 2: Address, City, State, and Zip for above reference company/agency listed: Reference No. 2: Name of Contact Person, Telephone Number and Email for above reference no. 2 Reference No. 2: Date of Contract or Sale for above reference no. 2 Reference No. 3: Name of Company/Agency for which Bidder is currently providing the services/goods as described in this solicitation, or has provided such services/goods in the past: Reference No. 3: Address, City, State, and Zip for above reference company/agency listed: Reference No. 3: Name of Contact Person, Telephone Number and Email for above reference no. 3 Reference No. 3: Date of Contract or Sale for above reference no. 3 4/21/2021 2:26 PM p. 159 City of Miami Solicitation 1153388 IMPORTANT NOTICE TO BIDDERS: • FAILURE TO COMPLETE AND SIGN THE CERTIFICATION STATEMENT AND CERTIFICATIONS SECTION, SPECIFICALLY THE CERTIFICATION REGARDING LOBBYING WILL RENDER YOUR BID NON -RESPONSIVE. • PLEASE SUBMIT A COPY OF THE MOST RECENT LOCAL BUSINESS TAX RECEIPT ISSUED BY CITY OF MIAMI, MIAMI-DADE COUNTY, OR BROWARD COUNTY. • CONTACT BIDSYNC VENDOR SUPPORT TOLL -FREE NUMBER 800-990-9339, OR EMAIL SUPPORT@BIDSYNC.COM, FOR BIDSYNC TECHNICAL DIFFICULTIES AND PROBLEMS. 4/21/2021 2:26 PM p. 160 City of Miami Solicitation 1153388 Table of Contents Terms and Conditions 1. General Conditions 1.1. 1. General Terms and Conditions for Invitation for Bids (IFB) 2. Special Conditions 2.1. PURPOSE 2.2. PRE-BID/PRE-PROPOSAL CONFERENCE 2.3. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION 2.4. METHOD OF AWARD 2.5. TIE BIDS 2.6. TERM OF CONTRACT 2.7. CONDITIONS FOR RENEWAL 2.8. NON -APPROPRIATION OF FUNDS 2.9. BIDDERS MINIMUM QUALIFICATIONS 2.10. NOTICE REGARDING CURES 2.11. REFERENCES 2.12. JESSICA LUNSFORD ACT (JLA) BACKGROUND SCREENING REQUIREMENTS 2.13. LIVING WAGE AND LOCAL PREFERENCE 2.14. SUBCONTRACTORS OF WORK SHALL BE IDENTIFIED 2.15. COMPLIANCE WITH THE CONTRACT WORK HOURS & SAFETY STANDARDS ACT 2.16. NOTIFICATION TO PERFORM WORK 2.17. CLEAN AIR ACT 2.18. FEDERAL WATER POLLUTION CONTROL ACT 2.19. NO OBLIGATION BY FEDERAL GOVERNMENT 2.20. PROGRAM FRAUD & FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS 2.21. BYRD ANTI -LOBBYING AMENDMENT,31 U.S.C. 1352 2.22. PROCUREMENT OF RECOVERED MATERIALS 2.23. DHS, SEAL, LOGO, AND FLAGS 2.24. COMPLIANCE WITH FEDERAL LAW, AND EXECUTIVE ORDERS 2.25. ACCESS TO RECORDS 2.26. SUSPENSION AND DEBARMENT (IN ADDITION TO GENERAL TERM AND CONDITIONS, SECTION 1.25) 2.27. FAILURE TO PERFORM 2.28. INSURANCE REQUIREMENTS 2.29. METHOD OF PAYMENT 2.30. PACKING SLIP/DELIVERY TICKET TO ACCOMPANY ITEMS DURING DELIVERY 2.31. ADDITIONS/DELETIONS OF ITEMS/PRODUCTS 2.32. PROJECT MANAGER 2.33. PRIMARY CLIENT (FIRST PRIORITY) 2.34. TERMINATION 2.35. ADDITIONAL TERMS AND CONDITIONS 3. Specifications 3.1. SPECIFICATIONS / SCOPE OF WORK 4/21/2021 2:26 PM p. 161 City of Miami Solicitation 1153388 Terms and Conditions 1. General Conditions 1.1. 1. General Terms and Conditions for Invitation for Bids (IFB) 1. GENERAL TERMS AND CONDITIONS FOR INVITATION FOR BID (IFB) - References to goods only apply insofar as they are applicable to "Goods" as defined in Section 18-73 of the City Code. References to "Professional and Personal Services" are as defined in Section 18-73 of the City Code. Intent: The General Terms and Conditions described herein apply to the acquisition of goods/ services with an estimated aggregate cost of $25,000.00 or more. Definition: A Formal Solicitation is defined as issuance of an Invitation for Bids, Request for Proposals, Request for Qualifications, or Request for Letters of Interest pursuant to the City of Miami (City) Procurement Code and/or Florida Law, as amended. Formal Solicitation and Solicitation shall be defined in the same manner herein. 1.1. ACCEPTANCE OF GOODS - Any good(s) delivered under this Formal Solicitation, if applicable, shall remain the property of the Bidder until a physical inspection and actual usage of the good is made, and thereafter is accepted as satisfactory to the City. It must comply with the terms herein and be fully in accordance with specifications and of the highest quality. In the event the goods supplied to the City are found to be defective or do not conform to specifications, the City reserves the right to cancel the order upon written notice to the Successful Bidder/Contractor and return the product to the Successful Bidder/Contractor at the Successful Bidder/Contractor's expense. 1.2. ACCEPTANCE OF OFFER - The signed or electronic submission of a Bidder's response shall be considered an offer on the part of the Bidder; such offer shall be deemed accepted upon issuance by the City of a Purchase Order. 1.3. ACCEPTANCE/REJECTION - The City reserves the right to accept, reject any or all, or portion of responses after opening/closing date, and request re -issuance on the goods/services described in the Formal Solicitation. In the event of a rejection, the Director of Procurement shall notify all affected Bidders and provide a written explanation for such rejection. The City also reserves the right to reject the Response of any Bidder which has previously failed to properly perform under the Terms and Conditions of a City Contract, to deliver on time contracts of a similar nature, and which is not capable to perform the requirements defined in this Formal Solicitation. The foregoing is not an all- inclusive list of reasons for which a response may be rejected. The City further reserves the right to waive any irregularities, minor informalities, or technicalities in any or all responses and may, at its sole discretion, re -issue the Formal Solicitation. 1.4. ADDENDA - It is the Bidder's responsibility to ensure receipt of all Addenda. Responses to questions/inquiries from prospective Bidders will be provided in the form of an Addendum. Addenda are available at the Bidsync. 1.5. ALTERNATE RESPONSES -Alternate responses will not be considered, unless specifically requested by the City. 1.6. ASSIGNMENT - Successful Bidder/Contractor agrees not to subcontract, assign, transfer, convey, sublet, pledge, encumber, or otherwise dispose of the resulting Contract, in whole or in part, or any or all of its rights, title or interest herein, without the City's prior written consent. 4/21/2021 2:26 PM p. 162 City of Miami Solicitation 1153388 1.7. ATTORNEY'S FEES - In connection with any litigation, appellate, administrative, mediation, and/or arbitration arising out of the resulting Contract, each party shall bear their own attomey's fees through and including, appellate litigation and any post -judgment proceedings. 1.8. AUDIT RIGHTS AND RECORDS RETENTION -The Successful Bidder/Contractor agrees to provide access at all reasonable times to the City, or to any of its duly authorized representatives, to any books, documents, papers, and records of Successful Bidder/Contractor which are directly pertinent to this Formal Solicitation, for the purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder/Contractor shall maintain and retain any and all of the books, documents, papers, and records pertinent to the resulting Contract for three (3) years after the City makes final payment and all other pending matters are closed. Successful Bidder's/Contractor's failure to, or refusal to comply with this condition, shall result in the immediate cancellation of this Contract by the City. The Audit Rights set forth in Section 18-102 of the City Code apply as supplemental terms and are deemed as being incorporated by reference herein. 1.9. AVAILABILITY OF CONTRACT STATE-WIDE - Any governmental, not -for -profit, or quasi - governmental entity in the State of Florida, may avail itself of this Contract and purchase any, and all goods/services, specified herein from the Successful Bidder/Contractor at the Contract price(s) established herein, when permissible by Federal, State, and local laws, rules, and regulations. Additionally, any governmental entity outside of the State of Florida but, within the Continental United States of America, may avail itself to this Contract and purchase any and all goods/services, specified herein from the Successful Bidder/Contractor at the Contract price(s) established herein, when permissible by Federal, State, and local laws, rules, and regulations. Each governmental, not -for -profit or quasi -governmental entity which uses this Formal Solicitation and resulting Contract will establish its own Contract, place its own orders, issue its own purchase orders, be invoiced there from and make its own payments, determine shipping terms and issue its own exemption certificates as required by the Successful Bidder/Contractor. 1.10. AWARD OF CONTRACT - A. The Formal Solicitation, any addenda issued, the Bidder's response, and the Purchase Order shall constitute the entire Contract, unless modified in accordance with any ensuing Contract, or amendment. B. The award of a Contract, where there are Tie Bids, the tie breaker will be decided by the Director of Procurement or designee, in the instance that Tie Bids cannot be determined by applying Florida Statute 287.087, Preference to Businesses with Drug -Free Workplace Programs. C. The award of this Contract may be preconditioned on the subsequent submission of other documents as specified in the Special Conditions or Specifications/Scope of Work. Bidder may be found non -responsive if such documents are not submitted in a timely manner and in the form required by the City. Where Bidder is found non -responsive, the City, through action taken by the Department of Procurement, will void its acceptance of the Bidder's Response and may accept the Response from the next lowest responsive, responsible Bidder most advantageous to the City or may re -solicit for the goods/services. The City, at its sole discretion, may seek monetary restitution from Bidder and/or its bid bond or guaranty, and/or similar security, if applicable, as a result of damages or increased costs sustained as a result of the Bidder's failure to satisfy the City's requirements. D. The term of the Contract shall be specified in one of three documents which shall be issued to the Successful Bidder. These documents may either be, a Purchase Order, Notice of Award, and/or Contract Award Sheet. E. The City reserves the right to automatically extend this Contract for up to one hundred twenty (120) calendar days beyond the stated Contract term, in order to provide City departments with continual service and supplies while a new 4/21/2021 2:26 PM p. 163 City of Miami Solicitation 1153388 Contract is being solicited, evaluated, and/or awarded. If the right to extend is exercised, the City shall notify the Successful Bidder/Contractor, in writing, of its intent to extend the Contract in accordance with the existing terms and conditions for a specified number of days. Additional extensions beyond the first one hundred twenty (120) day extension may occur, if, the City and the Successful Bidder/Contractor are in mutual agreement of such extensions. F. Where the Contract involves a single shipment of goods to the City, the Contract term shall conclude upon completion of the expressed or implied warranty periods. G. The City reserves the right to award the Contract on a split -order, lump sum, individual -item basis, or such method of award in the best interest of the City, unless otherwise specified. H. A Contract may be awarded to the Successful Bidder/Contractor by the City Commission based upon the minimum qualification requirements reflected herein. 1.11. BID BOND/ BID SECURITY - A cashier's or certified check issued by a bank authorized to transact banking business in Florida, or a Bid Bond/Bid Security signed by a surety company that is licensed to do business in the State of Florida, payable to the City of Miami, for the amount as specified in the bid, is required from all Bidders, if so indicated under the Special Conditions. This check or bond guarantees that a Bidder will accept the Contract, as bid, if it is awarded to Bidder. Bidder shall forfeit bid deposit to the City, should City award Contract to Bidder and Bidder fails to accept the award. The City reserves the right to reject any and all surety tendered to the City. Bid deposits are returned to unsuccessful Bidders within ten (10) days after the award and Successful Bidder's acceptance of award. If one hundred eighty (180) days have passed after the date of the Formal Solicitation closing date, and no Contract has been awarded, all bid deposits will be returned on demand. 1.12. BID SECURITY FORFEITED LIQUIDATED DAMAGES -Failure to execute a Contract and/or file an acceptable Performance Bond, when required, as provided herein, shall be just cause for the annulment of the award and the forfeiture of the Bid Bond/Bid Security to the City, which forfeiture shall be considered, not as a penalty, but in mitigation of damages sustained which cannot be determined at the time of award. Award may then be made to the next lowest responsive and responsible Bidder, or all Bid responses may be rejected. 1.13. BID RESPONSE FORM - All required forms in the Formal Solicitation should be completed, signed, and submitted accordingly as specified to in the Formal Solicitation. Digital signatures may only be utilized if expressly permitted in the solicitation. 1.14. BRAND NAMES - If, and wherever in the specifications, brand names, makes, models, names of any manufacturers, trade names, or Bidder catalog numbers are specified, it is for the purpose of establishing the type, function, minimum standard of design, efficiency, grade, or quality of goods only. When the City does not desire to rule out other competitors' brands or makes, the phrase "APPROVED EQUAL" is added. Unless otherwise specified, any manufacturers' names, trade names, brand names, information or catalog numbers listed in a specification are descriptive, not restrictive or exclusive. The Bidder shall provide any equipment that meets or exceeds the applicable specifications, including without limitation the following: Equal in every important attribute, to include industry quality measurable standard, quality of product, accessibility of distribution, durability/reliability/dependability and warranty coverage, and the delivery schedule. When bidding an "APPROVED EQUAL", Bidders shall submit, with their response, complete sets of necessary data (e.g., factory information sheets, specifications, brochures, etc.) in order for the City to evaluate and determine the equality of the item(s) bid. The Bidder shall demonstrate comparability, including appropriate catalog materials, literature, specifications, test data, etc. The City shall be the sole judge of equality and its decision shall be final. The City shall determine in its sole discretion, subject to the concurrence of the Project Manager whether goods are acceptable as an equivalent. Unless otherwise specified, evidence in the form of samples may be requested, if the 4/21/2021 2:26 PM p. 164 City of Miami Solicitation 1153388 proposed brand is other than specified by the City. Such samples are to be furnished after Formal Solicitation opening/closing, upon request of the City. If samples are requested by the City, such samples must be received by the City no later than seven (7) calendar days after a formal request is made. When "NO SUBSTITUTION" is used in conjunction with a manufacturer's name, brand name, and/or model number, that named item is the only item that will be accepted by the City in that particular instance. 1.15. CANCELLATION -The City reserves the right to cancel this Formal Solicitation, before its opening/closing. In the event of cancellation, the Director of Procurement shall notify all prospective Bidders and provide a written explanation for the cancellation. There shall be no recourse against the City for a cancellation made in accordance with this Section. 1.16. CAPITAL EXPENDITURES - Successful Bidder/Contractor understands that any capital expenditures that the Successful Bidder/Contractor makes, or prepares to make, in order to deliver/perform the goods/services required by the City, is a business risk which the Successful Bidder/Contractor must assume. The City will not be obligated to reimburse amortized or unamortized capital expenditures, or to maintain the approved status of any Successful Bidder/Contractor. If Successful Bidder/Contractor has been unable to recoup its capital expenditures during the time it is rendering such goods/services, it shall not have any claim upon the City. 1.17. CITY NOT LIABLE FOR DELAYS -It is further expressly agreed that in no event shall the City be liable for, or responsible to, the Bidder, any subcontractor, or to any other person for, or on account of, any stoppages or delay in the work herein provided for by injunction, or other legal or equitable proceedings, or on account of any delay for any cause over which the City has no control. 1.18. COLLUSION - Bidder, by submitting a response, certifies that its response is made without previous understanding, agreement, or connection either with any person, firm, or corporation submitting a Bid for the same goods/services, or with the City of Miami's Procurement Department or initiating department. The Bidder certifies that its response is fair, without control, collusion, fraud, or other illegal action. Bidder certifies that it is in compliance with the Conflict of Interest and Code of Ethics Laws. The City will investigate all potential situations where collusion may have occurred, and the City reserves the right to reject any and all Bids where collusion may have occurred. 1.19. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS - Successful Bidder/Contractor understands that contracts between private entities and local governments are subject to certain laws, codes, and regulations, including laws pertaining to public records, sunshine (open meetings), conflict of interest, ethics records keeping, etc. City and Successful Bidder/Contractor agree to comply with and observe all applicable laws, codes, regulations, and ordinances, and to secure all applicable public approvals and/or consents, of any governmental agency and/or owner of intellectual property rights as that may in any way affect the goods or services offered, including, but not limited to: A. Executive Order 11246, which prohibits discrimination against any employee, applicant, or client because of race, creed, color, national origin, sex, or age with regard to, but not limited to, the following: employment practices, rate of pay or other compensation methods, and training selection. B. Occupational, Safety and Health Act (OSHA), as applicable to this Formal Solicitation. C. The State of Florida Statutes, Section 287.133(3)(A) on Public Entity Crimes. D. Environment Protection Agency (EPA), as applicable to this Formal Solicitation. 4/21/2021 2:26 PM p. 165 City of Miami Solicitation 1153388 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. II 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 218.70 to 218.79, the Prompt Payment Act. Lack of knowledge by the Successful Bidder/Contractor will in no way be a cause for relief from responsibility. Non- compliance with all applicable local, State, and Federal directives, orders, codes, rules, regulations, and laws may be considered grounds for termination of Contract at the option of the City Manager. Copies of the City Ordinances may be obtained from the City Clerk's Office. 1.20. CONE OF SILENCE - Pursuant to Section 18-74 of the City of Miami Code, a "Cone of Silence" is imposed upon each Formal Solicitation once advertised and terminates at the time the City Manager issues a written recommendation to the Miami City Commission. The Cone of Silence shall be applicable only to Formal Solicitations for the provision of goods and services for amounts greater than $200,000. The Cone of Silence prohibits any communication regarding Formal Solicitations between, among others: Potential vendors, service providers, Bidders, lobbyists or consultants and the City's professional staff including, but not limited to, the City Manager and the City Manager's staff; the Mayor, City Commissioners, or their respective staffs. The provision does not apply to, among other communications: oral communications with the City Procurement staff, provided the communication is limited strictly to matters of process or procedure already contained in the Formal Solicitation document; the provisions of the Cone of Silence do not apply to oral communications at duly noticed site visits/inspections, pre -bid conferences, or public presentations made to the Miami City Commission during a duly noticed public meeting; or communications in writing or by email at any time with any City employee, official or member of the City Commission unless specifically prohibited by the applicable Formal Solicitation documents; or communications in connection with the collection of industry comments or the performance of market research regarding a particular Formal Solicitation by City Procurement staff. Bidders must file a copy of any written communications with the Office of the City Clerk, which shall be made available to any person upon request. The City shall respond in writing and file a copy with the City Clerk's Office, which shall be made available to any person upon request. Written communications may be in the form of an e-mail, or fax with a copy to the City Clerk's Office being required. In addition to any other penalties provided by law, violation of the Cone of Silence by any Bidder shall render any award voidable. A violation by a particular Bidder, lobbyist or consultant shall subject same to potential penalties pursuant to the City Code. Any person having personal knowledge of a violation of these provisions shall report such violation to the State Attorney and/or may file a complaint with the Miami Dade County Commission on Ethics. This language is only a summary of the key provisions of the Cone of Silence. Please review City of Miami Code 4/21/2021 2:26 PM p. 166 City of Miami Solicitation 1153388 Section 18-74 for a complete and thorough description of the Cone of Silence. You may contact the City Clerk's Office at 305-250-5360 or clerks@miamigov com, to obtain a copy of same. 1.21. CONFIDENTIALITY - As a political subdivision, the City of Miami is subject to the Florida Government in the Sunshine (public Meetings) Act and Public Records Act. If this Contract contains a confidentiality provision, it shall have no application when disclosure is required by Florida law or upon court order. 1.22. CONFLICT OF INTEREST - Bidders, by responding to this Formal Solicitation, certify that to the best of their knowledge or belief, no elected/appointed official or employee of the City of Miami is financially interested, directly or indirectly, in the purchase of goods/services specified in this Formal Solicitation. Any such interests onthe part of the Bidder or its employees must be disclosed in writing to the City. Further, Bidder shall disclose the name of any City employee who owns, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in Bidder's firm. A. Bidder further agrees not to use or attempt to use any knowledge, property, or resource which may be within his/her trust, or perform his/her duties, to secure a special privilege, benefit, or exemption for himself/herself, or others. Bidder may not disclose or use information not available to members of the general public and gained by reason of his/her position, except for information relating exclusively to governmental practices, for his/her personal, or benefit, or for the personal gain, or benefit of any other person, or business entity. B. Bidder hereby acknowledges that he/she has not contracted or transacted any business with the City or any person, or agency acting for the City, and has not appeared in representation of any third party before any board, Commission, or agency of the City within the past two years. Bidder further warrants that he/she is not related, specifically the spouse, son, daughter, parent, brother, or sister, to: (i) any member of the Commission; (ii) the Mayor; (iii) any City employee; or (iv) any member of any board or agency of the City. C. A violation of this section may subject the Bidder to immediate termination of any contract with the City, and imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by and subject to action by the Miami -Dade County Commission on Ethics. 1.23. COPYRIGHT OR PATENT RIGHTS - Bidders warrant that there has been no violation of copyright or patent rights in manufacturing, producing, or selling the goods shipped or ordered and/or services provided as a result of this Formal Solicitation, and Bidders agree to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 1.24. COST INCURRED BY BIDDER - All expenses involved with the preparation and submission of Bids to the City, or any work performed in connection therewith shall be bome by the Bidder. 1.25. DEBARMENT AND SUSPENSIONS (SECTION 18-107) A. Authority and requirement to debar/suspend. After reasonable notice to an actual or prospective Contractual Party, and after reasonable opportunity for such party to be heard, the City Manager, after consultation with the Chief Procurement Officer and the City Attorney, shall have the authority to debar a Contractual Party, for the causes listed below, from consideration for award of City Contracts. The debarment shall be for a period of not fewer than three (3) years. The City Manager shall also have the authority to suspend a Contractual Party from consideration for award of City Contracts if there is probable cause for debarment, pending the debarment 4/21/2021 2:26 PM p. 167 City of Miami Solicitation 1153388 determination. The authority to debar/suspend contractors shall be exercised in accordance with regulations which shall be issued by the Chief Procurement Officer after approval by the City Manager, the City Attorney, and the City Commission. B. Causes for debarment/suspension. Causes for debarment or suspension include the following: 1) Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a public or private Contract or subcontract, or incident to the performance of such Contract or subcontract. 2) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty. 3) Conviction under state or federal antitrust statutes arising out of the submission of Bids or Proposals. 4) Violation of Contract provisions, which is regarded by the Chief Procurement Officer to be indicative of non - responsibility. Such violation may include failure without good cause to perform in accordance with the terms and conditions of a Contract or to perform within the time limits provided in a Contract, provided that failure to perform caused by acts beyond the control of a party shall not be considered a basis for debarment/suspension. 5) Debarment/suspension of the Contractual Party by any federal, state or other governmental entity. 6) False certification pursuant to paragraph C below. 7) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which the violation remains noncompliant. 8) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which a civil penalty or fine is due and owing to the city. 9) Any other cause judged by the City Manager to be so serious and compelling as to affect the responsibility of the Contractual Party performing city Contracts. C. Certification. All Contracts for goods and services, sales, and leases by the city shall contain a certification that neither the Contractual Party nor any of its principal owners or personnel have been convicted of any of the violations set forth above or debarred or suspended as set forth in paragraph (b)(5). D. Debarment and suspension decisions. Subject to the provisions of paragraph (a), the City Manager shall render a written decision stating the reasons for the debarment or suspension. A copy of the decision shall be provided promptly to the Contractual Party, along with a notice of said parry's right to seek judicial relief. 1.26. DEBARRED/SUSPENDED VENDORS - An entity or affiliate who has been placed on the State of Florida debarred or suspended vendor list may not submit a Response for a solicitation to provide goods or services to a public entity; may not submit a Response to a solicitation with a public entity for the construction or repair of a public building or public work; may not submit response on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. 4/21/2021 2:26 PM p. 168 City of Miami Solicitation 1153388 1.27. DEFAULT/FAILURE TO PERFORM -The City shall be the sole judge of nonperformance, which shall include any failure on the part of the Successful Bidder/Contractor to accept the award, to furnish required documents, and/or to fulfill any portion of this Contract within the time stipulated. Upon default by the Successful Bidder/Contractor to meet any terms of a Contract, the City will notify the Successful Bidder/Contractor of the default and will provide the Successful Bidder/Contractor three (3) days (weekends and holidays excluded) upon notification, by the City, to remedy the default. Failure by the Successful Bidder/Contractor to correct the default within the required three (3) days, shall result in the Contract being terminated upon the City notifying in writing the Successful Bidder/Contractor of its intentions and the effective date of the termination. The following shall constitute default: A. Failure to perform the work or deliver the goods/services required under the Contract, and/or within the time required, or failing to use the subcontractors, entities, and personnel as identified and set forth, and to the degree specified in the Contract. B. Failure to begin the work under this Contract within the time specified. C. Failure to perform the work with sufficient workers and equipment, or with sufficient materials to ensure timely completion. D. Neglecting or refusing to remove materials or perform new work where prior work has been rejected as nonconforming with the terms of the Contract. E. Becoming insolvent, being declared bankrupt, or committing any act of bankruptcy or insolvency, or making an assignment for the benefit of creditors, if the insolvency, bankruptcy, or assignment renders the Successful Bidder/Contractor incapable of performing the work in accordance with, and as required by the Contract. F. Failure to comply with any of the terms of the Contract in any material respect. All costs and charges incurred by the City as a result of a default, or a default incurred beyond the time limits stated, together with the cost of completing the work, shall be deducted from any monies due, or which may become due on this Contract to the Successful Bidder/Contractor. 1.28. DETERMINATION OF RESPONSIVENESS AND RESPONSIBILITY - Each Bid will be reviewed to determine if it is responsive to the submission requirements outlined in the Formal Solicitation. A. Responsive Bid is one which follows the requirements of the Formal Solicitation, includes all documentation, is submitted in the format outlined in the Formal Solicitation, is of timely submission, and has appropriate signatures as required on each document. Failure to comply with these requirements may deem a Bid non -responsive. B. Determination of Responsibility. A Responsible Bidder shall mean a Bidder who has submitted a Bid and who has the capability, as determined under Section 18-95 of the City Code, in all respects to fully perform the Contract requirements, and the integrity and reliability of which give reasonable assurance of good faith and performance. 1) Bids will only be considered from any person or firm who are regularly engaged in the business of providing the good(s)/service(s) required by the Formal Solicitation. Bidder must be able to demonstrate a satisfactory record of performance and integrity, and have sufficient financial, material, equipment, facility, personnel resources, and expertise to meet all contractual requirements. 2) The City may consider any information available regarding the financial, technical, and other qualifications and abilities of a Bidder, including past performance (experience) with the City or any other governmental entity, inmaking the award. 4/21/2021 2:26 PM p. 169 City of Miami Solicitation 1153388 3) The City may require the Bidder(s) to provide documentation that they have been designated as an authorized representative of a manufacturer or supplier which is the actual source of supply, if required by the Formal Solicitation. 1.29. DISCOUNTS OFFERED DURING TERM OF CONTRACT -Discount prices offered in the Response shall be fixed after the award of a Contract by the Commission, unless otherwise specified in the Special Terms and Conditions. Price discounts, off the original prices quoted in the Response, will be accepted from Successful Bidder/Contractor during the term of the Contract. Such discounts shall remain in effect for a minimum of one hundred and eighty (180) days from approval by the City Commission. Any discounts offered by a manufacturer to Successful Bidder/Contractor will be passed on to the City. 1.30. DISCREPANCIES, ERRORS, AND OMISSIONS -Any discrepancies, errors, or omissions in the Formal Solicitation, or Addenda (as applicable), should be reported in writing to the City's Procurement Department. Should it be found necessary, a written Addendum will be incorporated in the Formal Solicitation and will become part of the Purchase Order (Contract documents). The City will not be responsible for any oral instructions, clarifications, or other communications. A. Order of Precedence. Any inconsistency in this Formal Solicitation shall be resolved by giving precedence to the following documents, the first of such list being the governing documents. 1) Addenda (if applicable) 2) Specifications 3) Special Conditions 4) General Terms and Conditions 1.31. EMERGENCY/DISASTER PERFORMANCE -In the event of a natural disaster or other emergency, or disaster situation, the Successful Bidder/Contractor shall provide the City with the commodities/services defined within the scope of this Formal Solicitation at the price contained within Bidder's response. Further, Successful Bidder/Contractor shall deliver/perform for the City on a priority basis during such times of emergency. 1.32. ENTIRE BID CONTRACT -The Bid Contract consists of any amendments to the Bid Contract, the Formal Solicitation, including any addenda, Bidder's Response and any written agreement entered into by the City of Miami and Successful Bidder/Contractor, and represents the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes all other negotiations, understanding, and representations, if any, made by and between the parties. To the extent that the Bid Contract conflicts with, modifies, alters or changes any of the terms and conditions contained in the Formal Solicitation and/or Bid, the Formal Solicitation, including any addenda, and then the Bid shall control. This Contract may be amended only by a written agreement signed by the City and Successful Bidder/Contractor. 1.33. ESTIMATED QUANTITIES - Estimated quantities or dollars are provided for the Bidder's guidance only: (a) estimates are based on the City's anticipated needs and/or usage during a previous contract period and; (b) the City may use these estimates to determine the low Bidder. Estimated quantities do not contemplate or include possible additional quantities that may be ordered by other government, quasi -government or non-profit entities utilizing this Contract. No guarantee is expressed or implied as to quantities that will be purchased during the Contract period. The City is not obligated to place an order for any given amount subsequent to the award of the Contract. Said estimates may be used by the City for purposes of determining the low Bidder meeting specifications. The City reserves the right to acquire additional quantities at the prices bid or at lower prices in this Formal Solicitation. 4/21/2021 2:26 PM p. 170 City of Miami Solicitation 1153388 1.34. EVALUATION OF RESPONSES - A. Rejection of Bids. The City may reject a Bid for any of the following reasons: 1) Bidder fails to acknowledge receipt of addenda; 2) Bidder misstates or conceals any material fact in the Bid; 3) Bid does not conform to the requirements of the Formal Solicitation; 4) Bid requires a conditional award that conflicts with the method of award; 5) Bid does not include required samples, certificates, licenses; and, 6) Bid was not executed by the Bidder's authorized agent. The foregoing is not an all-inclusive list of reasons for which a Bid may be rejected. The City may reject, and/or re - advertise for all or any portion of the Formal Solicitation, whenever it is deemed in the best interest of the City. B. Elimination from Consideration. 1) A Bid Contract shall not be awarded to any person or firm which is in arrears to the City upon any debt or contract, or which is a defaulter as surety or otherwise upon any obligation to the City. 2) A Bid Contract may not be awarded to any person or firm which has failed to perform under the terms and conditions of any previous contract with the City or failed to deliver on time, under contracts of a similar nature. 3) A Bid contract may not be awarded to any person or firm who has been debarred by the City, in accordance with the City's Debarment and Suspension Ordinance (Section 18-107), or is currently debarred by the State of Florida or any political subdivision, or is on the convicted vendor's list per Section 287.133, Florida Statutes. 1.35. EXCEPTIONS TO GENERAL TERMS AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS - Exceptions to the specifications shall be listed in the Bid and shall reference the applicable section. Any exceptions to the General Terms and/or Special Conditions shall be cause for a Bid to be considered non -responsive. 1.36. Freight on Board (F.O.B) DESTINATION -Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the Bidder must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in the bid price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection of Bid. 1.37. FIRM PRICES - The Bidder warrants that prices, terms, and conditions quoted in its Bid will be firm throughout the duration of the Bid Contract unless otherwise specified in the Formal Solicitation. Such prices will remain firm for the period of performance, or resulting purchase orders, or Bid Contracts. 1.38. FLORIDA MINIMUM WAGE AND CITY OF MIAMI LIVING WAGE ORDINANCE - A. Florida Minimum Wage. In accordance with the Constitution of the State of Florida, Article X, Section 24, employers shall pay employee wages no less than the minimum wage for all hours worked in Florida. Accordingly, it is the Successful Bidder's/Contractor's and their subcontractor's responsibility to understand and comply with this Florida minimum wage requirement and pay its employees the current established hourly minimum wage rate. This minimum wage rate is subject to change or adjusted by the rate of inflation using the consumer price index ("CPI") for urban wage earners and clerical workers, CPI-W, or a successor index as calculated by the United States Department of Labor. Each adjusted minimum wage rate calculated, shall be determined and published by the Agency Workforce Innovation on September 30th of each year and take effect on the following January 1st. It is the Bidder's and their subcontractor's (if applicable), full responsibility to determine whether any of their employees may be impacted by this Florida Minimum Wage Law, at any given point in time during the term of the Bid Contract. If impacted, Bidder must provide, with its bid, employee name(s), job title(s), job description(s), and current pay rate(s). Failure to submit this information at the time of bid submittal constitute Successful 4/21/2021 2:26 PM p. 171 City of Miami Solicitation 1153388 Bidder's/Contractor's acknowledgement and understanding that the Florida Minimum Wage Law will not impact its prices throughout the term of the Bid Contract, and a waiver of any contractual price increase request(s). The City reserves the right to request and the Successful Bidder/Contractor must provide for any, and all information to make a wage and contractual price increase(s) determination. B1 City of Miami Living Wage Ordinance. The City of Miami adopted a Living Wage Ordinance for City Service Contracts with a total contract value exceeding $100,000 annually, and that have been competitively solicited and awarded on, or after January 1, 2017 by the City. "Service Contract" means a contract to provide services to the City, excluding, however, professional services as defined by the "Consultants Competitive Negotiation Act" set forth in F.S. § 287.055, and Section 18-87 of the City Code, and/or the other exclusions provided by Section 18-557 of the City Code. Section 18-557 is attached as Attachment A. Please see provisions in Attachment A. If a solicitation requires services, effective on January 1, 2017, Contractors must pay to all its employees, who provide services, a living wage of no less than $15.00 per hour without health benefits; or a wage of no less than $13.19 an hour, with health benefits. This language is only a summary of the key provisions of the City of Miami Living Wage Ordinance. Please review Attachment A, attached hereto, for a complete and thorough description of the City of Miami Living Wage Ordinance. 1.39. GOVERNING LAW AND VENUE - The validity and effect of any Bid Contract as a result of this Formal Solicitation shall be governed by the laws of the State of Florida. The parties agree that any action, mediation, or arbitration arising out of the Bid Contract shall take place in Miami -Dade County, Florida. In any action orproceeding each party shall bear their own respective attomey's fees. 1.40. HEADINGS AND TERMS - The headings to the various paragraphs of the Bid Contract have been inserted for convenient reference only and shall not in any manner be construed as modifying, amending, or affecting in any way, the expressed terms and conditions hereof. 1.41. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) - Any person, firm, or entity that performs or assists the City of Miami with a function or activity involving the use or disclosure of "individually identifiable health information (IIHI), and/or Protected Health Information (PHI), shall comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996, and the City of Miami Privacy Standards. HIPAA mandates for privacy, security, and electronic transfer standards, which include, but are not limited to: A. Use of information only for performing services required by the contract or as required by law; B. Use of appropriate safeguards to prevent non -permitted disclosures; C. Reporting to the City of Miami of any non -permitted use or disclosure; D. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the Bidder and reasonable assurances that IIHI/PHI will be held confidential; E. Making PHI available to the customer; F. Making PHI available to the customer for review and amendment; and incorporating any amendments requested by the customer; G. Making PHI available to the City of Miami for an accounting of disclosures; and H. Making intemal practices, books and records related to PHI available to the City of Miami for compliance audits. 4/21/2021 2:26 PM p. 172 City of Miami Solicitation 1153388 PHI shall maintain its protected status regardless of the form and method of transmission (i.e., paper records, and/or electronic transfer of data). The Successful Bidder/Contractor must give its customers written notice of its privacy information practices, including specifically, a description of the types of uses and disclosures that would be made with protected health information. 1.42 INDEMNIFICATION -Successful Bidder/Contractor shall indemnify, hold and save harmless, and defend (at its own cost and expense), the City, its officers, agents, directors, and/or employees, from all liabilities, damages, losses, judgements, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Successful Bidder/Contractor and persons employed or utilized by Successful Bidder/Contractor in the performance of this Contract. The Successful Bidder/Contractor shall further, hold the City, its officials and employees, indemnify, save and hold harmless for, and defend (at its own cost), the City its officials and/or employees against any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted Work, even if it is alleged that the City, its officials, and/or employees were negligent. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, the Successful Bidder/Contractor shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The Successful Bidder/Contractor expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the Successful Bidder/Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate the Successful Bidder/Contractor to defend, at its own expense, to and through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against the City, whether performed by the Successful Bidder/Contractor, or persons employed or utilized by the Successful Bidder/Contractor. These duties will survive the cancellation or expiration of the Contract. This Section will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended. Successful Bidder/Contractor shall require all sub-consultant/contractor agreements to include a provision that each sub -contractor will indemnify the City in substantially the same language as this Section. The Successful Bidder/Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Successful Bidder/Contractor in which the City participated either through review or concurrence of the Consultant's actions. In reviewing, approving or rejecting any submissions by the Successful Bidder/Contractor or other acts of the Successful Bidder/Contractor, the City, in no way, assumes or shares any responsibility or liability of the Successful Bidder/Contractor or sub-consultant/contractor under this Contract. Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by the Successful Bidder/Contractor. 1.43. FORMATION AND DESCRIPTIVE LITERATURE - Bidders must furnish all information requested in the spaces provided in the Formal Solicitation. Further, as may be specified elsewhere, each Bidder must submit for evaluation, cuts, sketches, descriptive literature, technical specifications, and Material Safety Data Sheets (MSDS) as required, covering the products offered. Reference to literature submitted with a previous bid, or on file with the City, will not satisfy this provision. 1.44. INSPECTIONS - The City may, at reasonable times during the term of the Bid Contract, inspect Successful Bidder's/Contractor's facilities and perform such tests, as the City deems reasonably necessary, to determine whether 4/21/2021 2:26 PM p. 173 City of Miami Solicitation 1153388 the goods and/or services required to be provided by the Successful Bidder/Contractor, under the Bid Contract conform to the terms and conditions of the Formal Solicitation. Successful Bidder/Contractor shall make available to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All tests and inspections shall be subject to, and made in accordance with, the provisions of the City of Miami Ordinance No. 12271 (Section 18-101) City Code, as same may be amended or supplemented, from time to time, which, in conjunction with Section 18-102, providing for audits of City contractors, are applicable and are deemed as being incorporated by reference as supplemental terms. 1.45. INSPECTION OF BID - Bids received by the City, pursuant to a Formal Solicitation, will not be made available until such time as the City provides notice of a decision, or intended decision, or within 30 days after bid closing, whichever is earlier. Bid results will be tabulated and may be furnished upon request, via fax or e-mail, to the City's Procurement Contracting Officer, issuing the Formal Solicitation. Tabulations are also available on the City's website following a recommendation for award. 1.46. INSURANCE - Within ten (10) days after receipt of Notice of Award, the Successful Bidder/Contractor, shall furnish the evidence of insurance to the Procurement Department, as applicable. Submitted evidence of insurance shall demonstrate strict compliance with all requirements stipulated in the Special Conditions section titled "Insurance Requirements". The City shall be listed as an "Additional Insured." Issuance of a Purchase Order is contingent upon the receipt of proper insurance documents. If the certificate of insurance is received within the specified time frame but not in the manner prescribed in the Formal Solicitation, the Successful Bidder/Contractor shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the City. If the Successful Bidder/Contractor fails to submit the required insurance documents in the manner prescribed in the Formal Solicitation within fifteen (15) calendar days after receipt of the Notice of Award, the Successful Bidder/Contractor shall be in default of the contractual terms and conditions and will not be awarded the contract. Information regarding any insurance requirements shall be directed to the Risk Management Director, Department of Risk Management, at 444 SW 2nd Avenue, 9th Floor, Miami, Florida 33130, 305-416-1384. The Successful Bidder/Contractor shall be responsible for ensuring that the insurance documents required in conjunction with this Section remain in effect for the duration of the contractual period; including any renewals and extensions that may be exercised by the City. 1.47. INVOICES - Invoices submitted by Successful Bidder/Contractor to the City shall include the Purchase Order number and description of goods and/or services delivered (i.e., quantity, unit price, extended price, etc.); and in compliance with Chapter 218 of the Florida Statutes (Prompt Payment Act). 1.48. LOCAL PREFERENCE -City Code Section 18-85, states, "when a responsive, responsible non -local Bidder submits the lowest bid price, and the bid submitted by one or more responsive, responsible local Bidders who maintain a local office, as defined in Section 18-73, is within fifteen percent (15%) of the price submitted by the non -local Bidder, then that non -local Bidder and each of the aforementioned responsive, responsible local Bidders shall have the opportunity to submit a best and final bid equal to or lower than the amount of the low bid previously submitted by the non -local Bidder. Contract award shall be made to the lowest responsive, responsible Bidder submitting the lowest best and final bid. In the case of a tie in the best and final bid between a local Bidder and a non -local Bidder, contract award shall be made to the local Bidder." 1.49. MANUFACTURER'S CERTIFICATION - The City reserves the right to request from Bidders a separate Manufacturer's Certification of all statements made in the Bid. Failure to provide such certification may result in the rejection of the Bid, or termination of the Bid Contract, for which the Bidder/Successful Bidder/Contractor shall bear full liability. 4/21/2021 2:26 PM p. 174 City of Miami Solicitation 1153388 1.50. MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS - No Contract or understanding to modify the Formal Solicitation and the resultant Purchase Order(s) or Bid Contract, if applicable, shall be binding upon the City, unless made in writing by the City's Director of Procurement through the issuance of a change order, addendum, amendment, or supplement to the Bid Contract, Purchase Order, or award sheet, as applicable. 1.51. MOST FAVORED NATIONS - Successful Proposer shall not treat the City of Miami ("City") worse than any other similarly -situated local government and, in this regard, grants the City a "most favored nations clause" meaning the City will be entitled to receive and be governed by the most favorable terms and conditions that Successful Bidder/Proposer grants now or in the future to a similarly situated local government. 1.52. NO PARTNERSHIP OR JOINT VENTURE - Nothing contained in the Bid Contract will be deemed or construed to create a partnership or joint venture between the City and Successful Bidder/Contractor, or to create any other similar relationship between the parties. 1.53. NONCONFORMANCE TO CONTRACT CONDITIONS - Items may be tested for compliance with specifications under the direction of the Florida Department of Agriculture and Consumer Services, or by other appropriate testing laboratories as determined by the City. The data derived from any test for compliance with specifications is public record, and open to examination thereto in accordance with Chapter 119, Florida Statutes. Items delivered, not conforming to specifications may be rejected, and returned at Successful Bidder's/Contractor's expense. The non -conforming items not delivered in accordance with the stipulated delivery date in the Bid and/or Purchase Order, may result in Successful Bidder/Contractor being found in default, in which event, any and all re - procurement costs may be charged against the defaulted Successful Bidder/Contractor. Any violation of the above stipulations may also result in the Successful Bidder/Contractor being removed from the City's supplier's list. 1.54. NONDISCRIMINATION - Successful Bidder/Contractor affirms that it shall not discriminate as to race, gender, color, age, religion, national origin, marital status, or disability, in connection with its performance under the Formal Solicitation. Furthermore, Successful Bidder/Contractor affirms that no otherwise qualified individual shall solely by reason of their race, gender, color, age, religion, national origin, marital status or disability be excluded from the participation in, be denied benefits of, or be subjected to, discrimination under any program or activity. In connection with the conduct of its business, including performance of services and employment of personnel, Successful Bidder/Contractor shall not discriminate against any person on the basis of race, gender, color, age, religion, national origin, marital status or disability. All persons having appropriate qualifications shall be afforded equal opportunity for employment. 1.55. NON-EXCLUSIVE CONTRACT/ PIGGYBACK PROVISION - At such times as may serve in the City's best interest, the City reserves the right to advertise for, receive, and award additional contracts for the goods and/or services described herein, and to make use of other competitively bid (governmental) contracts, agreements, or other similar sources, for the purchase of the goods and/or services described herein, as may be available in accordance with the applicable provisions of the City of Miami Procurement Ordinance. It is hereby agreed and understood that the Formal Solicitation does not constitute the exclusive rights of the Successful Bidder(s)/Contractor(s) to receive all orders that may be generated by the City, in conjunction with the Formal Solicitation. In addition, any and all goods, and/or services required by the City in conjunction with construction projects are solicited under a distinctly different solicitation process and shall not be purchased under the terms, conditions and awards rendered under the Formal Solicitation, unless such purchases are determined to be in the best interest of the City. 4/21/2021 2:26 PM p. 175 City of Miami Solicitation 1153388 1.56.NOTICE REGARDING "CURES" - Bids submitted with irregularities, deficiencies, and/or technicalities that deviate from the minimum qualifications and submission requirements of Request for Qualifications (RFQ), Request for Proposals (RFP), invitation to bid (ITB), invitation for bids (IFB), invitation to quote (ITQ), Requests for Letters of Interest (RFLI) and Request for Sponsorships (RFS) shall result in a non -responsive determination. any solicitation issued after May 6, 2019, shall comply with APM 2-19. APM 2-19 is attached hereto. only minor irregularities, deficiencies, and technicalities may be allowed to be timely cured by the proposer at the sole discretion of the city. material irregularities, deficiencies, and technicalities cannot be cured by the proposer, and are not waivable by the city. BIDS SUBMITTED WITH IRREGULARITIES, DEFICIENCIES, AND/OR TECHNICALITIES THAT DEVIATE FROM THE MINIMUM QUALIFICATIONS AND SUBMISSION REQUIREMENTS OF THIS IFB SHALL RESULT IN A NON -RESPONSIVE DETERMINATION. The City will not give consideration to the curing of any Bids that fail to meet the minimum qualifications and submission requirements of this IFB. Proposer understands that non -responsive Bids will not be evaluated. 1.57. OCCUPATIONAL LICENSEBUSINESS TAX RECEIPT - Any person, firm, corporation, or joint venture, with a business location within the City's municipal boundaries and is submitting a Bid under the Formal Solicitation shall meet the City's Business Tax Receipt requirements in accordance with Chapter 31.1, Article I of the City of Miami Charter. Others with a location outside of the City's municipal boundaries shall meet their local Occupational License/Business Tax Receipt requirements. A copy of the Occupational License/Business Tax Receipt must be submitted with the Bid; however, the City may, in its sole discretion, and in its best interest, allow the Bidder to provide the Occupational License/Business Tax Receipt to the City during the evaluation period, but prior to award. A Certificate of Use ("CU") will be required if applicable under City regulations. 1.58. ONE PROPOSAL - Only one (1) Bid from an individual, firm, partnership, corporation, or joint venture will be considered in response to the Formal Solicitation, unless otherwise stipulated in the Formal Solicitation. 1.59. OWNERSHIP OF DOCUMENTS - It is understood by and between the parties, that any documents, records, files, or any other matter whatsoever, which is given by the City to the Successful Bidder/Contractor, pursuant to the Formal Solicitation shall at all times remain the property of the City, and shall not be used by the Successful Bidder/Contractor for any other purposes whatsoever, without the written consent of the City. 1.60. PARTIAL INVALIDITY - If any provision of the Bid Contract or the application thereof, to any person or circumstance, shall to any extent be held invalid, then the remainder of the Bid Contract or, the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby, and each provision of the Bid Contract shall be valid and enforced to the fullest extent permitted by law. 1.61. PERFORMANCE/PAYMENT BOND - A Successful Bidder/Contractor may be required to furnish a Performance/Payment Bond as part of the requirements of the Bid Contract, in an amount equal to one hundred percent (100%) of the Bid Contract price. Any bond furnished will comply with Florida Law, and be in a form acceptable to the City of Miami Risk Management Director. 1.62. PREPARATION OF BIDS - Bidders are expected to examine the specifications, required delivery, drawings, and all special and general conditions. A. Each Bidder shall furnish the information required in the Formal Solicitation. The Bidder shall print, type or manually enter the all requested information, sign and upload the Certification Statement. B. If so required, the unit price for each unit offered, shall be shown, and such price shall include packaging, handling 4/21/2021 2:26 PM p. 176 City of Miami Solicitation 1153388 and shipping, and F.O.B. Miami delivery inside City premises, unless otherwise specified. Bidder shall include in their Bid all taxes, insurance, social security (if applicable), workmen's compensation, and any other benefits normally paid by the Bidder to its employees. If applicable, a unit price shall be entered in the "Unit Price" column for each item. Based upon estimated quantity, an extended price shall be entered in the "Extended Price" column for each item offered. In case of a discrepancy between the unit price and extended price, the unit price will prevail. C. The Bidder must state a definite time, if required, in calendar days, for delivery of goods and/or services. D. The Bidder should retain a copy of all response documents for future reference. E. All Bids, as described, must be fully completed and typed, or printed in ink and must be signed in ink with the Bidder's name, and by an officer or employee having authority to represent the Bidder by their signature. Bids having any erasures or corrections, must be initialed in ink by person signing the Certification Statement or the Bid may be rejected. F. Bids shall remain valid for at least 180 days. Upon award of a Bid Contract, the content of the Successful Bidder's/Contractor's Bid, may be included as part of the Bid Contract, at the City's discretion. G. The City 's Bid Forms shall be used when Bidder is submitting its Bid. Use of any other forms, will result in the rejection of the Bid. 1.63. PRICE ADJUSTMENTS - Any price decrease effectuated during the Bid Contract period, either by reason of market change, or on the part of the Successful Bidder/Contractor to other customers shall be passed on to the City. 1.64. PRODUCT SUBSTITUTES - In the event a particular awarded and approved manufacturer's product becomes unavailable during the term of the Bid Contract, the Successful Bidder/Contractor awarded that item may arrange with the City's authorized representative(s) to supply a substitute product at the awarded price or lower, provided that a sample is approved in advance of delivery, and that the new product meets or exceeds all quality requirements. 1.65. CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS -Successful Bidder/Contractor represents and warrants to the City, that it has not employed, or retained any person, or company employed by the City to solicit or secure the Bid Contract and that the Successful Bidder/Contractor has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon, or in connection with, the award of the Bid Contract. 1.66. PROMPT PAYMENT — Bidders may offer a cash discount for prompt payment; however, discounts shall not be considered in determining the lowest net cost for Bid evaluation purposes. Bidders are required to provide their prompt payment terms in the space provided on the Formal Solicitation. If no prompt payment discount is being offered, the Bidder must enter zero (0) for the percentage discount to indicate no discount. If the Bidder fails to enter a percentage, it is understood and agreed that the terms shall be two percent (2%), 20 days, effective after receipt of invoice or final acceptance by the City, whichever is later. When the City is entitled to a cash discount, the period of computation will commence on the date of delivery, or receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is necessary due to damage, the cash discount period shall commence on the date final approval for payment is authorized. If a discount is part of the contract, but the invoice does not reflect the existence of a cash discount, the City is entitled to a cash discount with the period commencing on the date it is determined by the City that a cash discount applies. Price discounts off the original prices quoted on the Price Sheet will be accepted from Successful Bidder(s) during the term of the contract. The City will comply with the Florida Prompt Payment Act, as applicable. 4/21/2021 2:26 PM p. 177 City of Miami Solicitation 1153388 1.67. PROPERTY - Property owned by the City is the responsibility of the City. Such property furnished to a Successful Bidder/Contractor for repair, modification, study, etc., shall remain the property of the City. Damages to such property occurring while in the possession of the Successful Bidder/Contractor shall be the responsibility of the Successful Bidder/Contractor. Damages occurring to such property while in route to the City, shall be the responsibility of the Successful Bidder/Contractor. In the event that such property is destroyed, or declared a total loss, the Successful Bidder/Contractor shall be responsible for the replacement value of the property, at the current market value, less depreciation of the property, if any. 1.68. PROVISIONS BINDING - Except as otherwise expressly provided in the resultant Bid Contract, all covenants, conditions and provisions of the resultant Bid Contract, shall be binding upon, and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors, and assigns. 1.69. PUBLIC ENTITY CRIMES - A person or affiliate who has been placed on the convicted vendor list, following a conviction for a public entity crime may not: A. Submit a Bid to provide any goods or services to a public entity. B. Submit a Bid on a contract with a public entity for the construction or repair of a public building or public work. C. Submit responses on leases of real property to a public entity. D. Be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity. E. Transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 1.70. PUBLIC RECORDS — Successful Bidder/Contractor understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City contracts, subject to the provisions of Chapter 119, Florida Statutes, and City Code, Section 18, Article III, and agrees to allow access by the City and the public, to all documents subject to disclosure under applicable law. Successful Bidder/Contractor shall additionally comply with the provisions of Section 119.0701, Florida Statutes, titled "Contracts; public records". Successful Bidder/Contractor shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: A. Keep and maintain public records that ordinarily and necessarily would be required by the City to perform this service. B. Provide the public with access to public records on the same terms and conditions as the City would at the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from disclosure are not disclosed except as authorized by law. D. Meet all requirements for retaining public records and transfer, at no cost, to the City all public records in its possession upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from disclosure requirements. 4/21/2021 2:26 PM p. 178 City of Miami Solicitation 1153388 E. All electronically stored public records must be provided to the City in a format compatible with the City's information technology systems. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE DIVISION OF PUBLIC RECORDS AT (305) 416-1800, VIA EMAIL AT PUBLICRECORDS@MIAMIGOV.COM, OR REGULAR MAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 SW 2ND AVENUE, 9TH FL, MIAMI, FL 33130. THE CONSULTANT MAY ALSO CONTACT THE RECORDS CUSTODIAN AT THE CITY OF MIAMI DEPARTMENT WHO IS ADMINISTERING THIS CONTRACT. Successful Bidder/Contractor's failure or refusal to comply with the provision of this Section shall result in the immediate cancellation of the Bid Contract by the City. 1.71. QUALITY OF GOODS, MATERIALS, SUPPLIES, AND PRODUCTS - All materials used in the manufacturing, or construction of supplies, or materials, covered by the Formal Solicitation shall be new. The items bid shall be of the latest make or model, of the best quality, and of the highest grade of workmanship, unless as otherwise specified in the Formal Solicitation. 1.72. QUALITY OF WORK/SERVICES - The work/services performed shall be of the highest quality and workmanship. Materials furnished to complete the service shall be new and of the highest quality, except as otherwise specified in the Formal Solicitation. 1.73. REMEDIES PRIOR TO AWARD (SECTION 18-106) - If prior to a Bid Contract award, it is determined that a Formal Solicitation or proposed bid award is in violation of law, then the Formal Solicitation or proposed bid award shall be cancelled and all bids rejected by the City Commission, the City Manager, or the Chief Procurement Officer, as may be applicable, or revised to comply with the law. 1.74. RESOLUTION OF CONTRACT DISPUTES (SECTION 18-105): A.Authority to resolve Contract disputes. The City Manager, after obtaining the approval of the City Attorney, shall have the authority to resolve disputes between the Successful Bidder/Contractor and the City which arise under, or by virtue of, a Contract between them; provided that, in cases involving an amount greater than $25,000, the City Commission must approve the City Manager's decision. Such authority extends, without limitation, to disputes based upon breach of Contract, mistake, misrepresentation, or lack of complete performance, and shall be invoked by a Contractual Party by submission of a protest to the City Manager. B. Contract dispute decisions. If a dispute is not resolved by mutual consent, the City Manager shall promptly render a written report stating the reasons for the action taken by the City Commission, or the City Manager, which shall be final and conclusive. A copy of the decision shall be immediately provided to the protesting party, along with a notice of such party's right to seek judicial relief, provided that the protesting party shall not be entitled to such judicial relief without first having followed the procedure set forth in this Section. 1.75. RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (SECTION 18-104): (a) Right to protest. The following procedures shall be used for resolution of protested solicitations and awards except for purchases of goods, supplies, equipment, and services, the estimated cost of which does not exceed $25,000.00. Protests thereon shall be governed by the administrative policies and procedures of purchasing. 4/21/2021 2:26 PM p. 179 City of Miami Solicitation 1153388 (1) Protest of solicitation. a. Any prospective proposer who perceives itself aggrieved in connection with the solicitation of a contract may protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief procurement officer within three days after the request for proposals, request for qualifications or request for letters of interest is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the chief procurement officer; or b. Any prospective Bidder who intends to contest bid specifications or a bid solicitation may protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief procurement officer within three days after the bid solicitation is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the chief procurement officer. (2) Protest of award. a. Any actual proposer who perceives itself aggrieved in connection with the recommended award of contract may protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief procurement officer within two days after receipt by the proposer of the notice of the city manager's recommendation for award of contract. The receipt by proposer of such notice shall be confirmed by the city by facsimile or electronic mail or U.S. mail, return receipt requested. A notice of intent to file a protest is considered filed when received by the chief procurement officer; or b. Any actual responsive and responsible Bidder whose bid is lower than that of the recommended Bidder may protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief procurement officer within two days after receipt by the Bidder of the notice of the city's determination of non - responsiveness or non -responsibility. The receipt by Bidder of such notice shall be confirmed by the city by facsimile or electronic mail or U.S. mail, return receipt requested. A notice of intent to file a protest is considered filed when received by the chief procurement officer. c. A written protest based on any of the foregoing must be submitted to the chief procurement officer within five days after the date the notice of protest was filed. A written protest is considered filed when received by the chief procurement officer. The written protest may not challenge the relative weight of the evaluation criteria or the formula for assigning points in making an award determination. The written protest shall state with particularity the specific facts and law upon which the protest of the solicitation or the award is based and shall include all pertinent documents and evidence and shall be accompanied by the required filing fee as provided in subsection (f). This shall form the basis for review of the written protest and no facts, grounds, documentation or evidence not contained in the protester's submission to the chief procurement officer at the time of filing the protest shall be permitted in the consideration of the written protest. No time will be added to the above limits for service by mail In computing any period of time prescribed or allowed by this section, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday. Intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of the time for filing. 4/21/2021 2:26 PM p. 180 City of Miami Solicitation 1153388 (b) Authority to resolve protests; hearing officer(s). Hearing officers appointed by the city shall have authority to resolve protests filed under this chapter of the City Code. The city manager shall appoint a hearing officer, from a separate list of potential hearing officers pre - approved by the city commission, to resolve protests filed in accordance with this section, no later than five working days following the filing of a bid protest. The hearing officer shall have the authority to settle and resolve any written protest. The hearing officer shall submit said decision to the protesting party and to the other persons specified within ten days after he/she holds a hearing under the protest. (1) Hearing officer. The hearing officer may be a special master as defined in chapter 2, article X, section 2-811 of the City Code, or a lawyer in good standing with the Florida Bar for a minimum of ten years with a preference given to a lawyer who has served as an appellate or trial court judge. The hearing officer may be appointed from alternative sources (e.g. expert consulting agreements, piggyback contracts, etc.) where the city commission adopts a recommendation of the city attorney that such action is necessary to achieve fairness in the proceedings. The engagement of hearing officers is excluded from the procurement ordinance as legal services. The hearing officers appointed in the pre -qualified group should be scheduled to hear protests on a rotational basis. (2) Right ofprotest. Any actual Bidder or proposer who has standing under Florida law dissatisfied and aggrieved with the decision of the city regarding the protest of a solicitation or the protest of an award as set forth above in this section may request a protest hearing. Such a written request for a protest hearing must be initiated with a notice of intent to protest followed by an actual protest as provided in subsection 18-104(a). The notice of intent to protest and the actual protest must each be timely received by the chief procurement officer and must comply with all requirements set forth in subsection 18-104(a). Failure to submit the required notice of intent to protest and the actual protest within the specified timeframes will result in an administrative dismissal of the protest. (3) Hearing date. Within 30 days of receipt of the notice of protest, the chief procurement officer shall schedule a hearing before a hearing officer, at which time the person protesting shall be given the opportunity to demonstrate why the decision of the city relative to the solicitation or the award, which may include a recommendation for award by the city manager to the city commission, as applicable, should be overtumed. The party recommended for award, if it is a protest of award, shall have a right to intervene and be heard. (4) Hearing procedure. The procedure for any such hearing conducted under this article shall be as follows: a. The city shall cause to be served by certified mail a notice of hearing stating the time, date, and place of the hearing. The notice of hearing shall be sent by certified mail, return receipt requested, to the mailing address of the protester. b. The party, any intervenor, and the city shall each have the right to be represented by counsel, to call and examine witnesses, to introduce evidence, to examine opposing or rebuttal witnesses on any relevant matter related to the protest even though the matter was not covered in the direct examination, and to impeach any witness regardless of which party first called him/her to testify. The hearing officer may extend the deadline for completion of the protest hearing for good cause shown, but such an extension shall not exceed an additional five business days. The hearing officer shall consider the written protest and supporting documents and evidence appended thereto, supporting documents or evidence from any intervenor, and the decision or recommendation as to the solicitation or award being protested, as applicable. The protesting party, and any intervenor, must file all pertinent documents supporting his/her protest or motion to intervene at least five business days before the hearing, as applicable. The hearing officer shall allow a maximum of two hours for the protest presentation and a maximum of two hours for the city response. When there is an intervenor, a maximum of two hours will be added for the intervenor. In the event of multiple protests for the same project, the hearing officer shall allocate time as necessary to ensure that the hearing shall not exceed a total of one day. 4/21/2021 2:26 PM p. 181 City of Miami Solicitation 1153388 c. The hearing officer shall consider the evidence presented at the hearing. In any hearing before the hearing officer, irrelevant, immaterial, repetitious, scandalous, or frivolous evidence shall be excluded. All other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible whether or not such evidence would be admissible in trial in the courts of Florida. The hearing officer may also require written summaries, proffers, affidavits, and other documents the hearing officer determines to be necessary to conclude the hearing and issue a final order within the time limits set forth by this section. d. The hearing officer shall determine whether procedural due process has been afforded, whether the essential requirements of law have been observed, and whether the decision was arbitrary, capricious, an abuse of discretion, or unsupported by substantial evidence as a whole. Substantial evidence means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. e. Within ten days from the date of the hearing, the hearing officer shall complete and submit to the City Manager, the City Attorney, any intervenor, the Chief Procurement Officer, and the person requesting said hearing a final order consisting of his/her findings of fact and conclusions of law as to the denial or granting of the protest, as applicable. f. The decisions of the hearing officer are final in terms of city decisions relative to the protest. Any appeal from the decision of the hearing officer shall be in accordance with the Florida Rules of Appellate Procedure. (c) Compliance with filing requirements. Failure of a party to timely file either the notice of intent to file a protest or the written protest, together with the required filing fee as provided in subsection (f), with the chief procurement officer within the time provided in subsection (a), above, shall constitute a forfeiture of such party's right to file a protest pursuant to this section. The protesting party shall not be entitled to seek judicial relief without first having followed the procedure set forth in this section. (d) Stay of procurements during protests. Upon receipt of a written protest filed pursuant to the requirements of this section, the city shall not proceed further with the solicitation or with the award of the contract until the protest is resolved by the chief procurement officer or the city commission as provided in subsection (b) above, unless the city manager makes a written determination that the solicitation process or the contract award must be continued without delay in order to avoid an immediate and serious danger to the public health, safety or welfare. (e) Costs. All costs accruing from a protest shall be assumed by the protestor. (f) Filing fee. The written protest must be accompanied by a filing fee in the form of a money order or cashier's check payable to the city in an amount equal to one percent of the amount of the bid or proposed contract, or $5,000.00, whichever 4/21/2021 2:26 PM p. 182 City of Miami Solicitation 1153388 is less, which filing fee shall guarantee the payment of all costs which may be adjudged against the protestor in any administrative or court proceeding. If a protest is upheld by the chief procurement officer and/or the city commission, as applicable, the filing fee shall be refunded to the protestor less any costs assessed under subsection (e) above. If the protest is denied, the filing fee shall be forfeited to the city in lieu of payment of costs for the administrative proceedings as prescribed by subsection (e) above. (Ord. No. 12271, § 2, 8-22-02; Ord. No. 13629, § 2, 9-8-16) 1.76. SAMPLES - Samples of items, when required, must be submitted within the time specified at no expense to the City. If not destroyed by testing, Bidder(s) will be notified by the City to remove such samples, at Bidder's expense, within 30 days after notification. Failure to remove the samples will result in such samples becoming the property of the City. 1.77. SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES - Successful Bidder/Contractor shall not sell, assign, transfer, or subcontract at any time during the term of the Contract, the Contract itself, or any portion thereof, or any part of its operations, or assign, sell, pledge, dispose, convey, or encumber any portion of the performance required by this Bid Contract, except under, and by virtue of written permission granted by the City through the proper officials, which may be withheld or conditioned, in the City's sole discretion. 1.78. SERVICE AND WARRANTY - When specified, the Bidder shall define all warranty, service, and replacements that will be provided. Bidders must explain on the Bid to what extent warranty and service facilities are available. A copy of the manufacturer's warranty, if applicable, should be submitted with Bidder's response. 1.79. SILENCE OF SPECIFICATIONS - The apparent silence of the scope of work/specifications, and any supplemental scope of work/specification as to any detail or the omission from it, of detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail, and that only materials of first quality and correct type, size, and design shall be used. All workmanship and services shall be first quality. All interpretations of the scope of work/specifications shall be made upon the basis of this statement. If Bidder has a current contract with the State of Florida, Department of General Services, to supply the items in the Formal Solicitation, the Bidder shall quote not more than the contract price; failure to comply with this request will result in disqualification of the Bid. 1.80. SUBMISSION AND RECEIPT OF BIDS Electronic Bid submittals to this IFB are to be submitted through BidSync Electronic Bidding System ("BidSync") until the date and time as indicated in the Solicitation. The responsibility for submitting a Bid on/or before the stated closing time and date is solely and strictly the responsibility of the Bidder. The City will in no way be responsible for delays caused by technical difficulties or caused by any other occurrence. Electronic Bid submissions may require the uploading of electronic attachments. The submission of attachments containing embedded documents or proprietary file extensions is prohibited. All documents should be attached as individual files and labeled. Any Bids received and time stamped through BidSync, prior to the Bid submittal deadline shall be accepted as timely submittal anything thereafter will be rejected. Additionally, BidSync will not allow for the electronic Bid submittal after the closing date and time has lapsed. Bids will be opened promptly at the time and date specified. All expenses involved with the preparation and submission of Bids to the City, or any work performed in connection therewith, shall be borne by the Bidder(s). Accordingly, Bidder(s): 1. Must register, free of charge, with BidSync Electronic Bidding System ("BidSync") to establish an account in order to have access to view and/or respond to any solicitations issued by the City of Miami's Procurement Department ("City"). 2. Shall submit all Bids electronically. Hard copy Bid submittals will not be accepted. NO EXCEPTIONS. 3. Must submit the Certification Statement and associated solicitation documents which define requirements of items and/or services to be purchased and must be completed and submitted as outlined within the solicitation 4/21/2021 2:26 PM p. 183 City of Miami Solicitation 1153388 via BidSync. The use of any other forms and/or the modification of City forms will result in the rejection of the Bidder's Bid submittal. 4. Shall ensure that the Certification Statement is fully completed and provided with your Bid. Failure to comply with these requirements may cause the Bid to be rejected. 5. Must ensure that an n authorized agent of the Bidder's firm signs the Certification Statement and submits it electronically. FAILURE TO SIGN THE CERTIFICATION STATEMENT SHALL DEEM THE BID NON -RESPONSIVE. 6. May be considered non -responsive if Bids do not conform to the terms and conditions of this solicitation. 1.81. TAXES - The City is exempt from any taxes imposed by the State and/or Federal Govemment. Exemption certificates will be provided upon request. Notwithstanding, Bidders should be aware that all materials and supplies that are purchased by the Bidder for the completion of the Bid Contract is subject to the Florida State Sales Tax in accordance with Section 212.08, Florida Statutes, as amended, and all amendments thereto, and shall be paid solely by the Bidder. 1.82. TERMINATION - The City Manager, on behalf of the City, reserves the right to terminate the Bid Contract by written notice to the Successful Bidder/Contractor effective as of the date specified in the notice, should any of the following apply: A. The Successful Bidder/Contractor is determined by the City, to be in breach of any of the terms and conditions of the Bid Contract. B. The City has determined that such termination will be in the best interest of the City, to terminate the Bid Contract for its own convenience; C. Funds are not available to cover the cost of the contracted goods and/or services. The City's obligation is contingent upon the availability of appropriate funds. 1.83. TERMS OF PAYMENT - Payment will be made by the City after the goods and/or services have been received, inspected, and found to comply with award specifications, free of damage, or defect, and properly invoiced. Payment will be made after delivery, within forty-five (45) days of receipt of an invoice, and authorized inspection and acceptance of the goods/services, and pursuant to Section 218.74, Florida Statutes, and other applicable law. 1.84. TIMELY DELIVERY - Time will be of the essence for any orders placed as a result of the Formal Solicitation. The City reserves the right to cancel such orders, or any part thereof, without obligation, if delivery is not made within the time(s) specified in the Bid. Deliveries shall be made during regular City business hours, unless otherwise specified in the Special Conditions. 1.85. TITLE - Title to the goods shall not pass to the City until after the City has inspected and accepted the goods or used the goods, whichever comes first. 1.86. TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE -All Bids submitted to the City are subject to public disclosure, pursuant to Chapter 119, Florida Statutes. An exception may be made for "trade secrets." If the Bid contains information that constitutes a "trade secret", all material that qualifies for exemption from Chapter 119, must be submitted in a separate envelope, clearly identified as "TRADE SECRETS EXCEPTION," with Bidder's name, the Formal Solicitation number, and title marked on the outside. Please be aware that the designation of an item as a trade secret by Bidder may be challenged in court by any person. By Bidder's designation of material in Bidder's Response as a "trade secret" Bidder agrees to indemnify and hold harmless the City for any award to a plaintiff for damages, costs, or attorney's fees and for costs and attomey's fees, incurred by the City, by reason of any legal action challenging Bidder's claim 4/21/2021 2:26 PM p. 184 City of Miami Solicitation 1153388 1.87. UNAUTHORIZED WORK OR DELIVERY OF GOODS - Neither the Successful Bidder/Contractor nor any of their employees shall perform any work, or deliver any goods, unless a change order or purchase order is issued and received by the Successful Bidder/Contractor. The Successful Bidder/Contractor will not be paid for any work performed, or goods delivered outside the scope of the Bid Contract, or any work performed by Successful Bidder's/Contractor's employee(s) not otherwise previously authorized. 1.88. USE OF NAME - The City is not engaged in research for advertising, sales promotion, or other publicity purposes. No advertising, sales promotion, or other publicity materials containing information obtained from the Formal Solicitation shall be mentioned, or imply the name of the City, without prior express written permission from the City Manager, or the City Commission. 1.89. VARIATIONS OF SPECIFICATIONS - For purposes of the Formal Solicitation evaluation, Bidder(s) must indicate any variances from the Formal Solicitation scope of work/specifications and/or conditions, no matter how slight. If variations, are not stated on their Bid, it will be assumed that the product fully complies with the Formal Solicitation's scope of work/specifications. 4/21/2021 2:26 PM p. 185 City of Miami Solicitation 1153388 2. Special Conditions 2.1. PURPOSE The purpose of this Solicitation is to establish a contract, for the Rental and/or Purchasing of Barricades, as specified herein, from a source(s), fully compliant with the terms, conditions and stipulations of the Solicitation. 2.2. PRE-BID/PRE-PROPOSAL CONFERENCE A Virtual Voluntary pre -bid conference will be held on Wednesday, March 3, 2021 @ 2:00 p.m., via Microsoft Teams Click here to loin the meeting or via phone +1 786-598-2961, Conference ID: 264 367 225# A discussion of the requirements of the Solicitation will occur at that time. Each potential Bidder is required, prior to submitting a Proposal, to acquaint itself thoroughly with any and all conditions and/or requirements that may in any manner affect the work to be performed. All questions and answers affecting the scope of work/specifications of the IFB will be included in an addendum, that will be distributed through BidSync, following the Pre -Proposal Conference to all the attendees. Because the City considers the Pre -Proposal Conference to be critical to understanding the Solicitation requirements, attendance is highly recommended. 2.3. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION Any questions or clarifications concerning this solicitation shall be submitted electronically via the Bidsync Portal. All questions must be received no later than Monday, March 8, 2021 @ 3:00 p.m. All responses to questions will be sent to all prospective Bidder in the form of an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. 2.4. METHOD OF AWARD This Solicitation is divided into two (2) Groups: Group 1 - Federally Funded Projects; and Group 2 - Non -Federally Funded Projects. Bidders can bid on one Group or both Groups, using the applicable Bid Price Sheet(s). Award of this contract will be made to the lowest responsible and responsive bidder(s), who bid on all items in the aggregate, meeting Specifications. The City shall select up to three (3) vendor(s), with the lowest deemed the "primary vendor" and the next lowest the "secondary vendor", and so on, in the order of lowest prices provided to the City. Should the "primary vendor" not be able to provide the item at the time needed, the City has the option to select the next lowest "secondary vendor" to fulfill the order and so forth. 2.5. TIE BIDS Whenever two (2) or more bids which are equal with respect to price, quality and service are received by the City for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: (1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the action that will be taken against employees for violations of such prohibition. (2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug - free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) Give each employee engaged in providing the commodities or contractual services are under bid a copy of the 4/21/2021 2:26 PM p. 186 City of Miami Solicitation 1153388 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) calendar days after such conviction. (5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. (6) Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. 2.6. TERM OF CONTRACT The Contract shall commence upon the date of notice of award and shall be effective for three (3) years with the option to renew for one (1) additional two (2) year period subject to the availability of funds for succeeding fiscal years. Continuation of the contract beyond the initial period is a City prerogative; not a right of the Bidder. This prerogative will be exercised only when such continuation is clearly in the best interest of the City. 2.7. 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. 2.8. NON -APPROPRIATION OF FUNDS In the event no fund or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under this contract, then the City, upon written notice to the Successful Bidder(s) or his assignee of such occurrence, shall have the unqualified right to terminate the contract without penalty or expense to the City. No guarantee, warranty or representation is made that any project(s) will be awarded to any firm(s). 2.9. BIDDERS MINIMUM QUALIFICATIONS Bids will be considered only from firms that are regularly engaged in the business of providing said goods and/or services as described in this bid; that have a record of performance for the last five (5) consecutive years with the same FEIN number; 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: (1) Not have any member, officer, or stockholder that is in arrears or is in default of any debt or contract involving the City, is a defaulter surety otherwise, upon any obligation to the City, and/or has failed to perform faithfully on any previous contract with the City. (2) Have no record of pending lawsuits or criminal activities and have never been declared bankrupt within the last five (5) years. 2.10. NOTICE REGARDING CURES Please refer to Section 1.56, Notice Regarding "Cures" of the General Terms and Conditions of this Solicitation. 4/21/2021 2:26 PM p. 187 City of Miami Solicitation 1153388 2.11. REFERENCES Each bid must be accompanied by a list of three (3) references, as reflected in the Certifications Section of this Solicitation, which shall include the name of the company, dates of contract, description of goods/services supplied, a contact person and the telephone number. These references shall ascertain to the City's satisfaction that the Bidder has sufficient experience and expertise in providing the services. The Bidder may only use one (1) City department as a reference. NO BID WILL BE CONSIDERED WITHOUT THIS LIST. 2.12. JESSICA LUNSFORD ACT (JLA) BACKGROUND SCREENING REQUIREMENTS This clause applies to Group 1-Federally Funded Projects. In accordance with the requirements of Sections, 1012.465, and 1012.32 and 1012.467, Florida Statutes), as amended from time to time Successful Bidder agrees that, if Successful Bidder receives remuneration for services, Successful Bidder and all of its employees who provide or may provide services under this Contract will complete criminal history checks, and all background screening requirements, including level 2 screening requirements as outlined in the above - referenced statutes for any work to be performed in City parks. Pursuant to the 2007 amendments to the JLA enacted by the Florida Legislature, requirements for certain fingerprinting and criminal history checks shall be inapplicable to non -instructional contracted personnel who qualify for exemption from Level 2 screening requirements as provided under Section 1012.468 of the Florida Statutes. In addition, the provisions of Section 1012.467 of the Florida Statutes are incorporated herein by reference, and any provisions that may be inconsistent with, contrary to, or determined to be in conflict with said Section 1012.467, will be superseded by said statute. A non -instructional Successful Bidder who is exempt from the screening requirements set forth in Sections 1012.465, 1012.468 or 1012.467 of the Florida Statutes, is subject to a search of his or her name or other identifying information against the registration information regarding sexual predators and sexual offenders maintained by the Department of Law Enforcement under Section 943.043 and the national sex offender public registry maintained by the United States Department of Justice. Successful Bidder will not be charged for this search. Further, upon obtaining clearance by City the City will issue a photo identification badge consistent with any statutory requirements, which shall be worn by the individual at all times while on City property when children are present. Successful Bidder agrees to bear any and all costs associated with acquiring the required background screening, including any costs associated with fingerprinting and obtaining the required photo identification badge. Successful Bidder agrees to require all its affected employees to sign a statement, as a condition of employment with Successful Bidder in relation to performance under this Contract, agreeing that the employee will abide by the heretofore described background screening requirements, and also agreeing that the employee will notify the Successful Bidder/Employer of any arrest(s) or conviction(s) of any offense within 48 hours of its occurrence. Successful Bidder agrees to provide the City with a list of all of its employees who have completed background screening as required by the above -referenced statutes and who meet the statutory requirements contained therein. Successful Bidder agrees that it has an ongoing duty to maintain and update these lists as new employees are hired and in the event that any previously screened employee fails to meet the statutory standards. Successful Bidder further agrees to notify the City immediately upon becoming aware that one of its employees, who was previously certified as completing the background check and meeting the statutory standards, is subsequently arrested or convicted of any disqualifying offense. Failure by Successful Bidder to notify the City of such arrest or conviction within 48 hours of being put on notice and within five (5) business days of the occurrence of qualifying arrest or conviction, shall constitute grounds for immediate termination of this Contract by the City and removal from the Pool. The parties further agree that failure by Successful Bidder to perform any of the duties described in this section shall constitute a material breach of the Contract entitling the City to terminate this Contract immediately with no further responsibility to make payment or perform any other duties under this Contract. 4/21/2021 2:26 PM p. 188 City of Miami Solicitation 1153388 2.13. LIVING WAGE AND LOCAL PREFERENCE Section 1.38 of the General Terms and Condition, entitled "Florida Minimum Wage and City of Miami Living Wage Ordinance" is applicable to Group 2 - Non -Federally Funded Projects only; and Section 1.48 of the General Terms and Conditions, entitled "Local Preference" is not applicable to this solicitation. 2.14. SUBCONTRACTORS OF WORK SHALL BE IDENTIFIED As part of this bid, the Bidders are required to identify any and all Subcontractors that will be used in the performance of this proposed contract, their capabilities, experience, minority designation, as defined in Ordinance 10062 and the portion of the work to be done by the Subcontractor. Failure to identify any and all subcontractors in the bid shall render the bid non -responsive, unless, the Successful Bidder(s) submits this documentation to the City within five (5) working days after the bid opening. The Successful Bidder(s) shall not, at any time during the tenure of the contract, subcontract any part of his operations or assign any portion or part of the contract, to Subcontractor(s) not originally mentioned in their bid, except under and by virtue of permission granted by the City through the proper officials. Nothing contained in this specification shall be construed as establishing any contractual relationship between any Subcontractor(s) and the City. The Successful Bidder(s) shall be fully responsible to the City for the acts and omissions of the Subcontractor(s) and their employees, as for acts and omissions of persons employed by the Successful Bidder(s). 2.15. COMPLIANCE WITH THE CONTRACT WORK HOURS & SAFETY STANDARDS ACT This clause applies to Group 1-Federally Funded Projects. 1. Overtime Requirements: No Successful Bidder(s) or subcontractor(s) contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty (40) hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one half time the basic rate of pay for all hours worked in excess of forty (40) hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages: In the event of any violation of the clause set forth in paragraph (1) of this section, the Successful Bidder(s) and any subcontractor(s) responsible therefore shall be liable for the unpaid wages. In addition, such Successful Bidder(s) and subcontractor(s) shall be liable to the United States (in case of the work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty (40) hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. 3. Withholding for unpaid wages and liquidated damages: The City of Miami shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Successful Bidder(s) or subcontractor(s) under any such contract or any other Federal contract with the same Successful Bidder(s), or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the Successful Bidder(s), such sums as may be determined to be necessary to satisfy any liabilities of such Successful Bidder(s) or subcontractor(s) for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. 4. The Successful Bidder(s) or subcontractor(s) shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractor(s) to include these clauses in any lower tier subcontract. The Successful Bidder(s) shall be responsible for compliance by any subcontractor(s) or lower tier subcontractor(s) with the clauses set forth in paragraph (1) through (4) of this section. 4/21/2021 2:26 PM p. 189 City of Miami Solicitation 1153388 2.16. NOTIFICATION TO PERFORM WORK The Successful Bidder(s) shall notify the Project Manager when an employee is on the property and for what purpose. 2.17. CLEAN AIR ACT This clause applies to Group 1-Federally Funded Projects. 1. The Successful Bidder(s) agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. 2. The Successful Bidder(s) agrees to report each violation to the City of Miami and understands and agrees that the City of Miami will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The Successful Bidder(s) agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. 2.18. FEDERAL WATER POLLUTION CONTROL ACT This clause applies to Group 1-Federally Funded Projects. 1. The Successful Bidder(s) agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C.1251 et seq. 2. The Successful Bidder(s) agrees to report each violation to the City of Miami and understands and agrees that the City of Miami will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The Successful Bidder(s) agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. 2.19. NO OBLIGATION BY FEDERAL GOVERNMENT This clause applies to Group 1-Federally Funded Projects. The Federal Govemment is not a party to this contract and is not subject to any obligation or liabilities to the non - Federal entity, Successful Bidder(s), or any other party pertaining to any matter resulting from the contract. 2.20. PROGRAM FRAUD & FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS This clause applies to Group 1-Federally Funded Projects. The Successful Bidder(s) acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Successful Bidder's actions pertaining to this contract. 2.21. BYRD ANTI -LOBBYING AMENDMENT,31 U.S.C. 1352 This clause applies to Group 1-Federally Funded Projects. Bidders who bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer, or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that take place in connection with obtaining any Federal award. Such disclosures are forwarded form tier to tier up to the recipient. See Attachment B - Certification Regarding Lobbying. 4/21/2021 2:26 PM p. 190 City of Miami Solicitation 1153388 2.22. PROCUREMENT OF RECOVERED MATERIALS This clause applies to Group 1-Federally Funded Projects. 1. In the performance of this contract, the Successful Bidder(s) shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired; a) Competitively within a timeframe providing for compliance with the contract performance schedule; b) Meeting contract performance requirements; or c) At a reasonable price. 2. Information about this requirement, along with the list of EPA -designate items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline- cpg-program. 2.23. SEAL, LOGO, AND FLAGS This clause applies to Group 1-Federally Funded Projects. The Successful Bidder(s) shall not use the City of Miami and DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. 2.24. COMPLIANCE WITH FEDERAL LAW, AND EXECUTIVE ORDERS This clause applies to Group 1-Federally Funded Projects. This is an acknowledgement that FEMA financial assistance will be used to fund this contract only. The Successful Bidder(s) will comply with all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. 2.25. ACCESS TO RECORDS This clause applies to Group 1-Federally Funded Projects. 1. The Successful Bidder(s) agrees to provide the City of Miami, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative's access to any books, documents, papers, and records of the Successful Bidder(s) which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. 2. The Successful Bidder(s) agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. 3. The Successful Bidder(s) agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. 2.26. SUSPENSION AND DEBARMENT (IN ADDITION TO GENERAL TERM AND CONDITIONS, SECTION 1.25) This clause applies to Group 1-Federally Funded Projects. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the Successful Bidder(s) is required to verify that none of the Successful Bidder(s), its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). The Successful Bidder(s) must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by City of Miami. If it is later determined that the 4/21/2021 2:26 PM p. 191 City of Miami Solicitation 1153388 Successful Bidder(s) did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the State of Florida, and the City of Miami, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The Successful Bidder(s) agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Successful Bidder(s) further agrees to include a provision requiring such compliance in its lower tier covered transactions. 2.27. FAILURE TO PERFORM Should it not be possible to reach the Successful Bidder(s) or supervisor and/or should remedial action not be taken within forty-eight (48) hours of any failure to perform according to specifications, the City reserves the right to declare Successful Bidder(s) in default of the contract or make appropriate reductions in the contract payment. 2.28. INSURANCE REQUIREMENTS INDEMNIFICATION Successful Bidder(s) shall indemnify, hold and save harmless, and defend (at its own cost and expense), the City, its officers, agents, directors, and/or employees, from all liabilities, damages, losses, judgements, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Successful Bidder(s) and persons employed or utilized by Successful Bidder(s) in the performance of this Contract. Successful Bidder(s) shall further, hold the City, its officials and employees, indemnify, save and hold harmless for, and defend (at its own cost), the City its officials and/or employees against any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted Work, even if it is alleged that the City, its officials, and/or employees were negligent. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, the Successful Bidder(s) shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The Successful Bidder(s) expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the Successful Bidder(s) shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate the Successful Bidder(s) to defend, at its own expense, to and through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against the City, whether performed by the Successful Bidder, or persons employed or utilized by Successful Bidder(s). These duties will survive the cancellation or expiration of the Contract. This Section will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended. Successful Bidder(s) shall require all sub -contractor agreements to include a provision that each sub -contractor will indemnify the City in substantially the same language as this Section. The Successful Bidder(s) agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Successful Bidder(s) in which the City participated either through review or concurrence of the Successful Bidder's actions. In reviewing, approving or rejecting any submissions by the Successful Bidder(s) or other acts of the Successful Bidder(s), the City, in no way, assumes or shares any responsibility or liability of the Successful Bidder(s) or sub -contractor under this Contract. Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by the Successful Bidder(s). The Successful Bidder(s) hereby accepts and assumes full responsibility for all risk of loss, theft, damage or destruction to the Successful Bidder's business personal property or inventory in connection with this solicitation. It is hereby agreed and understood, that the City shall not be responsible or liable for any theft, destruction, damage, or 4/21/2021 2:26 PM p. 192 City of Miami Solicitation 1153388 losses of any kind and nature whatsoever. The Successful Bidder(s) further agrees that the City shall not be required to compensate the Successful Bidder(s) for any such losses and assumes all liability in connection therein. The Successful Bidder(s) shall furnish to City of Miami, c/o Procurement Department, 444 SW 2nd Avenue, 6th Floor, Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: L Commercial General Liability (Primary & Non -Contributory) A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence: $1,000,000 General Aggregate Limit: $2,000,000 Products/Completed Operations: $1,000,000 Personal and Advertising Injury: $1,000,000 Damage to Rented Premises -Fire Legal Liability: $300,000 B. Endorsements Required City of Miami included as an additional insured Contingent Liability (Independent Contractors Coverage) Contractual Liability Waiver of Subrogation Premises & Operations Liability II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto/Owned Autos/Scheduled Including Hired, Borrowed or Non -Owned Autos Any One Accident: $1,000,000 B. Endorsements Required City of Miami included as an Additional Insured III. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of subrogation Employer's Liability A. Limits of Liability $1,000,000 for bodily injury caused by an accident, each accident $1,000,000 for bodily injury caused by disease, each employee $1,000,000 for bodily injury caused by disease, policy limit The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer not less than thirty (30) days prior to any such cancellation or material change. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. See Attachment C — Insurance Addendum. 4/21/2021 2:26 PM p. 193 City of Miami Solicitation 1153388 2.29. METHOD OF PAYMENT Full payment will be made upon receipt and acceptance of a complete unit(s). No down or partial down payments will be made. 2.30. PACKING SLIP/DELIVERY TICKET TO ACCOMPANY ITEMS DURING DELIVERY The Successful Bidder(s) shall enclose a complete packing slip or delivery ticket with any items to be delivered in conjunction with this bid solicitation. The packing slip shall be attached to the shipping carton(s) which contain the items and shall be made available to the City's authorized representative during delivery. The packing slip or delivery ticket shall include, at a minimum, the following information: purchase order number; date of order; a complete listing of items being delivered; and back -order quantities and estimated delivery of back -orders if applicable. 2.31. ADDITIONS/DELETIONS OF ITEMS/PRODUCTS/SUPPLIERS Although this solicitation identifies specific item/products/services/suppliers to be performed, it is hereby agreed and understood that any item/product/services/suppliers may be added/deleted to/from this Contract at the sole discretion of the City. When an addition to the Contract is required, the Successful Bidder(s) under this Contract shall be invited to submit price quotes for these new items/products. If these quotes are comparable with market prices offered for similar items/products, they shall be added to the Contract whichever is in the best interest of the City and an addendum and a separate purchase order shall be issued by the City. 2.32. PROJECT MANAGER Upon award, Successful Bidder(s) shall report and work directly with either Jorge Blanco, Budget and Finance Manager for the Police Department and, or designee, who shall be designated as the Project Manager(s) for the City. 2.33. PRIMARY CLIENT (FIRST PRIORITY) The Successful Bidder(s) agree upon award of this contract that the City of Miami shall be its primary client and shall be serviced first during a schedule conflict arising between this contract and any other contract Successful Bidder(s) may have with any other cities and/or counties to perform similar services as a result of any catastrophic events such as tornadoes, hurricanes, severe storms or any other public emergency impacting various areas during or approximately the same time. 2.34. TERMINATION A. FOR DEFAULT If Successful Bidder(s) defaults in its performance under this Contract and does not cure the default within thirty (30) calendar days after written notice of default, the City Manager may terminate this Contract, in whole or in part, upon written notice without penalty to the City. In such event the Successful Bidder(s) shall be liable for damages including the excess cost of procuring similar supplies or services: provided that if, (1) it is determined for any reason that the Successful Bidder(s) was not in default or (2) the Successful Bidder's failure to perform is without his or his Subcontractor's control, fault or negligence, the termination will be deemed to be a termination for the convenience of the City. B. FOR CONVENIENCE The City Manager may terminate this Contract, in whole or in part, upon thirty (30) calendar day's prior written notice when it is in the best interest of the City. If this Contract is for supplies, products, equipment, or software, and so terminated for the convenience by the City, the Successful Bidder(s) will be compensated in accordance with an agreed upon adjustment of cost. To the extent that this Contract is for services and so terminated, the City shall be liable only for payment in accordance with the payment provisions of the Contract for those services rendered prior to termination. 4/21/2021 2:26 PM p. 194 City of Miami Solicitation 1153388 2.35. ADDITIONAL TERMS AND CONDITIONS No additional terms and conditions included as part of your solicitation response shall be evaluated or considered, and any and all such additional terms and conditions shall have no force or effect and are inapplicable to this solicitation. If submitted either purposely, through intent or design, or inadvertently, appearing separately in transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed that the General Conditions and Special Conditions in this solicitation are the only conditions applicable to this solicitation and that the Bidder's authorized signature affixed to the Bidder's acknowledgment form attests to this. If a Professional Services Agreement (PSA) or other Agreement is provided by the City and is expressly included as part of this solicitation, no additional terms or conditions which materially or substantially vary, modify or alter the terms or conditions of the PSA or Agreement, in the sole opinion and reasonable discretion of the City will be considered. Any and all such additional terms and conditions shall have no force or effect and are inapplicable to this PSA or Agreement. 4/21/2021 2:26 PM p. 195 City of Miami Solicitation 1153388 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK The Successful Bidder(s) shall provide barricades, flashers, and other related items as described below. Such items will be delivered to and/or removed from any location or job site in the City of Miami ("City"). All costs for the described services shall be as stated in the bid. This service shall be available twenty-four (24) hours, seven (7) days per week. Delivery shall be made within four (4) hours of notification during normal operations. Pick-up shall be made within seventy-two (72) hours upon notification. Consideration will be given for signs other than those specified above for the amount of time necessary to prepare the sign(s). There will be no minimum quantities or minimum unit per day requirements. A. BASIC SERVICES The Successful Bidder(s) shall employ personnel who are competent and experienced in providing the services requested herein; provide services that are equal to the practice prevalent by contractors performing the same work and commensurate with the magnitude and intricacy of the work under consideration. Additionally, Successful Bidder(s) shall provide the following: • Have two-way radio dispatched delivery trucks, or cell phones, and provide the City with toll free telephone numbers for service request calls; • Provide the City with a contact phone number that is monitored twenty-four (24) hours per day; • Deliver items as ordered. Where units delivered are other than what was ordered, or where the units do not conform to specifications, including flashers that do not flash, the delivery requirement shall not be considered as met; • Provide a delivery ticket with the name and signature of the City's authorized representative who accepted the delivery. The delivery ticket shall include, at a minimum, the following information: purchase order number; date, time, and location of the delivery; and a complete listing of delivered items; • Provide the City with an estimated time of delivery or pick-up when service requests are made; • Replace any units found to be damaged or inoperable at no additional cost to the City, with delivery and pick- up times for the replacements meeting the above time requirements; • Provide an order number to the City for each order at the time it is made to confirm the order. The receipt shall contain the order number, date and time of delivery, and the number and type of each unit; • Provide a pick-up number to the City for each order that has been requested for pick up at the time it is made to confirm pick up. All barricades, signs, and arrow boards shall be removed at the time of pick-up. If at the time of pick-up, the Successful Bidder(s) chooses not to remove all items for any reason, the Successful Bidder(s) shall notify the Project Manager or designee by the next business day. The notice shall refer to the pick-up number and explain the reason why the Successful Bidder(s) elected not to remove all of the items; • Include the order number or pick-up number in any correspondence referring to said orders or pick-ups; and • If items are not available for delivery as ordered, the Successful Bidder(s) must notify the City prior to delivery of any changes. B. ADDITIONAL SET-UP SERVICES Normally, the items requested will be delivered to a stated site and set-up by City staff. However, where such staff is unavailable, it may be necessary for the Successful Bidder(s) to set-up this equipment for maintenance of traffic and/or pedestrian safety. The Successful Bidder(s) shall quote a firm fixed price for this service on the bid. Lane Closure shall include setting up one (1) lane closure with signs, barricades, and one (1) arrow board. C. EQUIPMENT TO BE FURNISHED The Successful Bidder(s) shall be responsible for furnishing, but not limited to, the following equipment: 1. Flasher Barricades - shall be Type I, Type II, and Type III as specified in Part VI of the Manual on Uniform, 4/21/2021 2:26 PM p. 196 City of Miami Solicitation 1153388 Traffic Control, Devices (MUTCD) of the Federal Highway Administration, and shall conform to the requirements of that manual. 2. Warning and Regulatory Signs (non -electrical) - shall conform to the requirements and specifications contained in Part VI of the Manual on Uniform Traffic Control Devices (MUTCD), Federal Highway Administration. Signs shall include, but not be limited to the following: • Road Construction - five hundred feet (500') • Road Construction - one thousand feet (1,000') • Road Construction - one thousand five hundred feet (1,500') • Keep Left • Keep Right • Detour • Left Lane Ends • Right Land Ends • Road Closed - Local Traffic Only 3. Generator Powered Arrow Boards - shall consist of flashing lights in the shape of a right or left arrow. Power is provided by means of a gasoline, diesel, or solar powered generator system with battery back-up for the hours of darkness. The arrow boards must be capable of continuous operation twenty-four (24) hours per day. 4. Traffic Cones - thirty-six inches (36") tall with reflective collar. Red/orange or bright fluorescent orange molded PVC, minimum weight: eight pounds (8 lbs.) pounds. 5. Drums - drums used for traffic warning or channeling shall be approximately thirty-six inches (36") in height and a minimum of eighteen inches (18") in diameter. The markings on drums shall be horizontal, circumferential, orange and white reflector stripes four inches (4") to eight inches (8") wide, using a material that has a smooth, sealed outer surface that will display the same approximate size, shape, and color day and night. There shall be at least two (2) orange and two (2) white stripes on each drum. If there are non- reflectorized spaces between the horizontal orange and white stripes, they shall be no more than two inches (2") wide. 6. French Barricades - interlocking steel barriers approximately seven feet three inches (7' 3") long x three feet five and three -eighths inches (3' 5-3/8") high x one -inch (1") tube diameter. Barco model CCB 1461 or equal. 7. Message Boards - variable message board, rechargeable battery operated, as specified in the Florida Department of Transportation ("FDOT") Roadway and Traffic Design Standards Manual. Boards may be solar powered, diesel, or gas powered with a twenty-six (26) hour capacity, maintained by vendor per FDOT specifications. 8. Traffic Barriers - Triton barrier with bracket mount for sign post/light manufactured by Energy Absorption Systems Inc., or equal. Water filled plastic jersey barrier with internal metal frame and type "A" lights furnished and installed (FDOT #99-71023-11). 9. Barrier (Caution) Tape - shall consist of three-inch (3") by three (3) mil by three hundred feet (300') roll of yellow, reflective tape with the word "CAUTION" printed in black at intervals on the entire length of the tape. 10. The Stop / Stop Handheld Paddle Sign shall conform to the requirements and specifications of MUTCD and OSHA standards. The paddle shall be octagonal with at least 18" in size with the stop face on both sides of the sign, and 6" tall text. The stop face shall have white letters and a white border on a red background. When used at night the paddle shall be retro-reflectorized or illuminated. The smooth finish round orange handle not only stands out but allows for easily adding an extension handle to make holding the sign easier to hold for long periods of time. 4/21/2021 2:26 PM p. 197 City of Miami Solicitation 1153388 D. RESPONSIBILITY FOR LOSS, THEFT, OR DAMAGE The City shall not be held responsible for lost, stolen, or damaged units and no additional allowance and/or payments will be made to compensate for such. E. WARRANTY OF USAGE The quantities listed in the Line Items are an estimate and are furnished for information and tabulation purposes only. No warranty is given or implied that this is the exact quantity of items or services that will be needed. The Successful Bidder(s) is expected to fulfill the City's needs as they arise. F. SAMPLE It may be necessary for Bidders to submit a fully working sample of the flasher barricade. When requested, such sample will be delivered to the City. G. BILLING The City and the Successful Bidder(s) will each maintain a daily record of the total number of barricade days of service. Invoices must be submitted within thirty (30) calendar days of the end of every month and must be computer generated. Invoices generated by hand shall not be accepted. Each item on the bill shall refer to a Line Item Number per the Blanket Purchase Order. The pick-up number shall also be included, if the item was requested to be picked up. 4/21/2021 2:26 PM p. 198 City of Miami Solicitation 1153388 ATTACHMENT A CITY OF MIAMI LIVING WAGE ORDINANCE ARTICLE X. - LIVING WAGE REQUIREMENTS FOR SERVICE CONTRACTS AND CITY EMPLOYEES[9] Footnotes: --- (9) --- Nee— Section 5 of Ord. No. 12787 states that this article shall be effective October 1, 2006. Editor's note— Prior to the adoption of Ord. No. 12787, Ord. No. 12623, § 2, adopted December 9, 2004, repealed article X, divisions 1-4, in its entirety, which pertained to the economic development financing authority and derived from Ord. No. 12062, § 3, adopted May 10, 2001. Sec. 18-556. - Definitions. City means the government of the City of Miami or any authorized agents, any board, agency, commission, department, or other entity thereof, or any successor thereto. Contract means any contract to provide services to the city in which the total value of the contract exceeds $100,000.00 per year. Contractor means any "for profit" individual, business entity, corporation, partnership, limited liability company, joint venture, or similar business entity which meets the following criteria: (1) The contractor is paid in whole or part from one or more of the city's general funds, capital project funds, special revenue funds, or any other funds, including, but not limited to, grants, donations, and the like, whether by competitive bid process, requests for proposals, or some other form of competitive solicitation, negotiation, or agreement, or any other decision to enter into a contract; and (2) The contractor is engaged in the business of or part of a contract to provide services for the benefit of the city. This section shall apply to employees of the contractor who spend the majority of their time on covered City of Miami service contracts. If the contract is for both goods and services it shall only apply to the services portion of such contract. This section shall not apply to contracts which are primarily for the sale or leasing of goods. Goods are defined in section 18-73 of the City Code. Covered employee means anyone employed by the city working more than 35 hours per week or any service contractor employee, working full or part-time, with or without benefits, that is involved in providing services under the service contractor's contract with the city. Covered employer means the city and any and all service contractors and subcontractors of a service contractor. Living wage means a wage that is as defined in section 18-557 of this Code. The living wage may be adjusted once annually by an amount equivalent to the cost of living adjustment for Miami -Dade County as published by the United States Department of Labor, Bureau of Labor Statistics. Language so stating will be included in all request for proposals, or other competitive solicitation documents, issued by the city for the procurement of services (unless the living wage provisions are excluded as provided in section 18-557 herein). New service contracts means those having contracts competitively solicited and awarded on or after January 1, 2017. Page 1 4/21/2021 2:26 PM p. 199 City of Miami Solicitation 1153388 Service contract means a contract to provide services to the city excluding, however, professional services as defined by the "Consultants Competitive Negotiation Act" set forth in F.S. § 287.055, and section 18-87 of the City Code and/or the other exclusions provided by section 18-557 of the City Code. (Ord. No. 12787, § 2, 4-6-06; Ord. No. 13648, § 2, 11-17-16) Sec. 18-557. - Living wage. (a) Living wage paid. (1) New service contractors. All new service contracts shall pay to all its employees who provide covered services a living wage of no less than $15.00 per hour without health benefits; or a wage of no less than $13.19 an hour with health benefits as defined in this section unless otherwise excluded pursuant to this article. (2) Existing service contracts. Service contracts awarded and effective or competitively solicited prior to January 1, 2017, shall not be subject to the payment of the living wage set forth in this section and shall continue to be governed by the terms and conditions of the respective solicitation and resulting contractual documents, when applicable. The living wage provisions shall apply to all contracts covered by this section unless specifically excluded by one or more subsections below: a. The living wage provision is disallowed by a federal or state law or regulation, grant requirements, or by a contract the city is accessing by "piggybacking", and which contract does not include a living wage provision; b. Funding sources for the contract disallow the living wage provision or provide contradictory funding requirements, or are contained in a contract awarded or solicited prior to the effective date of January 1, 2017, and which contract includes renewals or extensions; c. Professional service contracts awarded under the "Consultants Competitive Negotiation Act", F.S. § 287.055, for the professional services within the scope of the practice of architecture, professional engineering, landscape architecture, registered surveying, and/or mapping; d. The living wage provision is waived by the city commission by resolution, prior to issuance of the competitive solicitation document, upon written recommendation of the city manager or authorized designee, when the city commission finds it is in the best interest(s) of the city to approve such waiver, in which case the living wage provision shall not apply in the competitive solicitation document; or e. All responsible wage construction contracts covered by section 18-120 of this Code. (4) City employees. For covered employees of the city, the city will begin to pay the living wage on a phase - in basis over a nine-year period beginning with the 2006-2007 city budget year to be implemented in the 2014-2015 fiscal year. The city manager, in his sole discretion, without further city commission approval, shall have the option to consider whether it is in the city's best interest to complete the phase -in payment of living wage to city employees on a four-year period. Thereafter, the living wage to be paid by the city shall be subject to negotiations within the collective bargaining structure. (b) Health benefits; eligibility period. For a covered employer to comply with this article by choosing to pay the lower wage scale available when a covered employer also provides a standard health benefit plan, such health benefit plan shall consist of a payment of at least $1.81 per hour toward the provision of health benefits for covered employees and their dependents and shall be approved by the city. If the health benefit plan of the covered employer requires an initial period of employment for a new employee to be eligible for health benefits (the "eligibility period"), a covered employer may qualify to pay the $13.19 per hour wage scale for a term not to exceed the new employee's eligibility period, provided the new employee will be paid health benefits upon completion of the eligibility period, which period shall not exceed 90 days. (c) Certification required before payment. Any and all service contracts subject to this article shall be void, and no funds may be released, unless prior to entering any such contract with the city, the service contractor certifies to the city that it will pay each of its covered employees no less than the living wage. A copy of this Page 2 (3) 4/21/2021 2:26 PM p. 200 City of Miami Solicitation 1153388 certificate must be made available to the public upon request. The certificate, at a minimum, must include the following: (1) The name, address, and phone number of the employer, a contact person, and the specific project for which the service contract is sought; (2) The amount of the service contract and the city department the contract will serve. (3) A brief description of the project or service provided; (4) A statement of the wage levels for all covered employees; and (5) A commitment to pay all covered employees the living wage. (d) Observation of other laws. Every covered employee shall be paid without subsequent deduction or rebate on any account (except as such payroll deductions as are directed or permitted by law or by a collective bargaining agreement). The service contractor shall pay covered employees wage rates in accordance with federal and all other applicable laws such as overtime and similar wage laws. (e) Posting. A copy of the living wage rate shall be kept posted by the service contractor subject to this article, at the site of the work in a prominent place where it can easily be seen and read by the covered employees and shall be supplied to such employees within a reasonable time after a request to do so. Additionally, service contractors subject to this article, shall furnish a copy of the requirements of this article to any entity submitting a bid for a subcontract on any service contract subject to this article. Posting requirements will not be required where the service contractor subject to this article, prints the following statements on the front of the covered employee's first paycheck and every six months thereafter. "You are required by the City of Miami Living Wage Ordinance to be paid a living wage. If you do not believe you are being paid at the living wage rate, contact your employer, an attorney, or the City of Miami." All notices will be printed in English, Spanish and Creole. (f) Collective bargaining. Nothing in this article shall be read to require or authorize any service contractor subject to this article, to reduce wages set by a collective bargaining agreement or as required under any prevailing wage law. (Ord. No. 12787, § 2, 4-6-06; Ord. No. 13110, § 2, 10-22-09; Ord. No. 13405, § 2, 9-26-13; Ord. No. 13648, § 2, 11-17-16) Sec. 18-558. - Implementation. (a) Maintenance of payroll records. Each service contractor to which living wage requirements apply, as described in this article, shall maintain payroll record for all covered employees and basic records relating thereto and shall preserve them for a period of three years from the date of termination or expiration of the service contract. The records shall contain: (1) The name and address of each covered employee; (2) The job title and classification; (3) The number of hours worked each day; (4) The gross wages earned and deductions made; (5) Annual wages paid; (6) A copy of the social security returns and evidence of payment thereof; (7) A record of fringe benefit payments including contributions to approved plans; and (8) Any other data or information the city shall require from time to time. (b) Reporting payroll. Every six months, the service contractor to which living wage requirements apply, as described in this article, shall file with the city's procurement director a listing of all covered employees together with a certification of compliance with this article. Upon request from the city, the service contractor shall produce for inspection and copying its payroll records for any or all of its covered employees for any Page 3 4/21/2021 2:26 PM p. 201 City of Miami Solicitation 1153388 period covered by the service contract. The city may examine payroll records as needed to ensure compliance. (Ord. No. 12787, § 2, 4-6-06; Ord. No. 13110, § 2, 10-22-09) Sec. 18-559. - Compliance and enforcement. (a) Service contractor to cooperate. The service contractor shall permit city employees, agents, or representatives to observe work being performed at, in or on the project or matter for which the service contractor has a contract. The city representatives may examine the books and records of the service contractor relating to the employment and payroll of covered employees and may survey covered employees to determine if the service contractor is in compliance with the provisions of this article. (b) Complaint procedures and sanctions. An employee who believes that he/she is a covered employee of a service contractor and that the service contractor is or was not complying with the requirements of this article has a right to file a complaint with the procurement director of the city. Such complaints may be made at any time and shall be investigated within a reasonable period of time by the city. Written and oral statements by any such employee shall be treated as confidential and shall not be disclosed without the written consent of the employee to the extent allowed by the Florida Statutes. (c) Private right of action against service contractor. Any covered employee or former covered employee of a service contractor may, instead of utilizing the city administrative procedure set forth in this article, but not in addition to such procedure, bring an action by filing suit against the service contractor in any court of competent jurisdiction to enforce the provisions of this article and may be awarded back pay, benefits, attorney's fees, and costs. The applicable statute of limitations for such a claim will be two years as provided in F.S. § 95.11(4)(c) as may be amended from time to time for an action for payment of wages. The court may also impose sanctions on the service contractor, including those persons or entities aiding or abetting the service contractor, to include wage restitution to the affected covered employee and damages payable to the covered employee in the sum of up to $500.00 for each week the service contractor is found to have violated this article. (d) Sanctions against service contractors. For violations of this article, the city shall sanction a service contractor by requiring the service contractor to pay wage restitution at its expense for each affected employee. The city may also sanction the service contractor in at least one of the following additional ways: (1) The city may impose damages in the sum of $500.00 for each week for each covered employee found to have not been paid in accordance with this article; (2) The city may suspend or terminate payment under the service contract or terminate the contract with the service contractor; and The city may declare the service contractor ineligible for future service contracts for three years or until all penalties and restitution have been paid in full, whichever is longer. In addition, any employer shall be ineligible for a service contract where principal officers of such employer were principal officers of a service contractor who has been declared ineligible under this article. (4) If the contract has been awarded under the city procurement ordinance, the city may debar or suspend the contractor as provided therein. (e) Public record of sanctions. All such sanctions recommended or imposed shall be a matter of public record. (f) Sanctions for aiding and abetting. The sanctions contained in this article shall also apply to any party or parties aiding and abetting in any violation of this article. Retaliation and discrimination barred. A service contractor shall not discharge, reduce the compensation, or otherwise discriminate against any covered employee for making a complaint to the city, or otherwise asserting his or her rights under this article, participating in any of its proceedings or using any civil remedies to enforce his or her rights under this article. Allegations of retaliation or discrimination, if found true in a city administrative proceeding or by a court of competent jurisdiction, shall result in an order of restitution and reinstatement of a discharged covered employee with back pay to the date of the violation or such other relief as deemed appropriate. (3) (g) Page 4 4/21/2021 2:26 PM p. 202 City of Miami Solicitation 1153388 (h) Remedies herein non-exclusive. No remedy set forth in this article is intended to be exclusive or a prerequisite for asserting a claim for relief to enforce the rights under this article or in a court of law. This article shall not be construed to limit an employee's right to bring a common law cause of action for wrongful termination. (Ord. No. 12787, § 2, 4-6-06; Ord. No. 13648, § 2, 11-17-16) Sec. 18-560. - Employers receiving direct tax abatement or subsidy. The city reserves the right to impose the living wage requirements of this article on or after January 1, 2017 on any employer as a condition of that employer receiving a direct tax abatement or subsidy from the city. (Ord. No. 13648, § 2, 11-17-16) Secs. 18-561-18-599. - Reserved. Page 5 4/21/2021 2:26 PM p. 203 City of Miami Solicitation 1153388 ATTACHMENT B CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his/her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officers or employee of Congress, or an employee or a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form, LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that II subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31, U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Signature of Contractor/Contractor's Authorized Official Name and Title of Contractor/Contractor's Authorized Official Date: 4/21/2021 2:26 PM p. 204 City of Miami Solicitation 1153388 ATTACHMENT C INSURANCE ADDENDUM INSURANCE DEFINITIONS, REQUIREMENTS AND CONDITIONS The VENDOR/CONTRACTOR / CONSULTANT (AS APPLICABLE) agrees to provide and maintain throughout the life of this contract and at Vendor/Contractor/ Consultant's expense insurance coverage outlined herewith as applicable insuring all operations related to the contract and any extensions thereof. Workers Compensation and Employers Liability Statutory requirements per Chapter 440, Florida Statutes, as amended, are applicable, and this coverage is subject to the Laws of the State of Florida. This coverage protects against lawsuits stemming from workplace accidents. It provides for medical care to injured employees, along with compensation for lost income. Commercial General Liability It protects against accidents and injuries that occur on company property or the property of a customer. It compensates an injured person or owner of property for injuries and property damages, and the cost of defending lawsuits, including legal settlements or investigations. This policy also covers claims resulting from products exposures, libel, slander, copyright infringement, and other personal and advertisement injuries. Commercial Automobile Liability It protects against liability, no fault, medical payments, uninsured and underinsured motorists claims, collision and other than collision physical damage. In addition, this policy affords coverage on autos that are hired or borrowed or non -owned for use in the business. The non -owned can be autos owned by employees or members of their households. Non -Owned Auto exposures can be endorsed or added under the Commercial General Liability Policy. Professional/Errors and Omissions Liability Used by many professionals such as engineers, lawyers, accountants, stock brokers, financial advisers, insurance agents, court reports, dentists, nurses and teachers. It protects against the financial effects of liability lawsuits filed by clients. It basically protects professionals who cause harm to a client due to incompetence, errors, or negligence. 4/21/2021 2:26 PM p. 205 City of Miami Solicitation 1153388 Umbrella Liability It protects against liability and losses after primary insurance benefits have been exhausted. This supplemental coverage kicks in only after the underlined liability policies have paid their maximum benefits. Environmental Liability It protects against the financial costs of claims of injury or damage due to pollution, and other costs of cleaning up pollutants. These policies are designed to cover both property and liability risks. Directors and Officers Liability This coverage protects against claims from stockholders, employees and clients that are also aimed individually at directors and officers. These claims typically stem from errors in judgement, breaches of duty and wrongful acts in connection with company business. Cyber Liability It protects against costs of the theft, destruction or unauthorized use of electronic data through computer viruses or network intrusions. It also adds protection to a business against such costs if a business fails to safeguard another party's electronic data. Companies sharing data outside their internal network benefit from this coverage Commercial Property It protects against claims or damages to the insured's buildings, business personal property and personal property of others. It can also provide for loss of business income coverage or extra expenses incurred because of physical loss by a covered peril to the insured's property. Commercial Crime It protects against loss of money, securities and other property because of a variety of criminal acts such as employee theft or embezzlement, burglary, robbery, forgery, computer fraud, kidnapping and extortion. Crime insurance also covers money and securities against damage or destruction by almost any cause of loss, not just crime. 4/21/2021 2:26 PM p. 206 City of Miami Solicitation 1153388 Builders Risk It protects against damage to or destruction of buildings or other structures during their construction. Any party with a financial interest in a construction, remodeling, or repair project benefits from this coverage. Surety Bonds Surety bonds are three party contracts. The principal, the party that undertakes the obligation, pays for the issuance of a bond by a surety company. The bond provides capital to guarantee the obligation will be performed. The obligee is the party that receives the benefit of the bond If the obligation is improperly performed. If payment and performance bonds are required such bonds must be substantially in the form prescribed by Florida Statutes 255.05, as amended, and will be subject to the approval of the City of Miami Director of the Department of Risk Management. Valuable Papers It pays for the cost to reconstruct damaged or destroyed valuable papers and records. Typically is defined to include almost all forms of printed documents or records with the exception of money or securities, and data and media which is usually excluded. Additional Requirements The Vendor/Contractor must furnish the City of Miami, Department of Procurement, and Risk Management located at 444 S.W. 2nd Avenue Miami, Florida 33130, original Certificates of insurance to be in force on the date of this Contract, and Renewal Certificates of insurance thereafter. All policies indicated on the certificate must be in compliance with all Contract requirements. The failure of the City to obtain the applicable or corresponding certificates from Contractor is not a waiver by the City of any requirements for the Vendor/Contractor. The Vendor/Contractor must furnish Certificates insurance listing the City of Miami as an additional insured. All insurance certificates must be signed, dated and reference the City contract number. The insurance must provide for sixty (30) days prior written notice to be given to the City in the event coverage is substantially changed, canceled, or non -renewed. Any deductibles or self -insured retentions on referenced insurance coverages must be borne by Vendor/Contractor. The Vendor/Contractor further agrees to have insurers waive their rights of subrogation against the City of Miami, its employees, elected officials, agents, or representatives. The coverages and limits furnished by Vendor/Contractor in no way limit the Vendor/Contractor's liabilities and responsibilities specified within the Contract or law. Any insurance or self-insurance programs maintained by the City of Miami shall not contribute with insurance provided by the Vendor/Contractor under the Contract. 4/21/2021 2:26 PM p. 207 City of Miami Solicitation 1153388 The required insurance to be carried is not limited by any limitations expressed in the indemnification language in this Contract or any limitation placed on the indemnity in this Contract given as a matter of law. If the Vendor/Contractor is a joint venture or limited liability company, the insurance policies must name the joint venture or Limited Liability Company and each of its separate constituent entities as named insureds. The Vendor/Contractor must require all subcontractors to provide the insurance required herein. All subcontractors are subject to the same insurance requirements of the Vendor/Contractor unless otherwise specified in this Contract. If the Vendor/Contractor or subcontractor desire additional coverages, the party desiring the additional coverages is responsible for the acquisition and cost. Notwithstanding any provision in the Contract to the contrary, the City of Miami Risk Management Department maintains and reserves the right to modify, delete, alter or change these requirements. Note: The duty to carry and maintain insurance during the life of the contract will survive the cancellation or expiration, as applicable, under the Contract. 4/21/2021 2:26 PM p. 208 POLICY NUMBER: APM- 2-19 DATE: March 26. 2019 ISSUED BY: Emilio T. Gonzalez, Ph.D. Citv/1G1 nalrer/Desi SIGNATURE CITY ottfUIAMI 1• \ O/.' • ,/ r. IYCDRP ORiTED J 1:1 .... .. r.. M ADMINISTRATIVE POLICY REVISIONS Solicitation 1153388 REVISED DATE OF SECTION REVISION Created 3/26/19 SUBJECT: ELIMINATING THE PROCESS OF CURING IRREGULARITIES IN DOCUMENTS SUBMITTED IN RESPONSE TO REQUEST FOR QUALIFICATIONS (RFQ), REQUEST FOR PROPOSALS (RFP), REQUESTS FOR LETTERS OF INTEREST (RFLI), INVITATION FOR BIDS (IFB), INVITATION TO BID (ITB), INVITATION TO QUOTE (ITQ), AND REQUEST FOR SPONSORSHIP (RFS) EFFECTIVE MAY 6, 2019 PURPOSE: To improve the procurement solicitation process in order to provide internal and external customers with a more efficient and effective procurement of goods and services for the City of Miami. This APM establishes guidelines that eliminate the process of curing irregularities in proposals and bids submitted in response to RFQs, RFPs, RFLI's IFBs, ITBs, ITQs and RFS. BACKGROUND: Currently, the Department of Procurement ("Procurement") allows Proposers and Bidders to cure certain deficiencies, deviations, irregularities, omissions, and/or technicalities in proposals and bids submitted to the City in response to RFQs, RFPs, RFLIs, IFBs, ITBs, ITQs and RFS. In collaboration with the Department of Innovation and Technology ("DoIt"), Procurement has identified the process of curing as the cause of significant delays in formal solicitation process. When proposals and bids require a cure, Procurement sends out a "Notice to Cure" to Proposers and Bidders who are then given additional time to correct, complete, and re -submit the required documents. The process of curing is time intensive and delays the procurement of necessary goods and services for the City; it prolongs the due diligence review period and it stalls and delays the evaluation and selection process, resulting in the extension of time between the issuance of an RFP, RFQ, RFLI, IFB, ITB, ITQ, or RFS solicitation and its award date. 4/21/2021 2:26 PM p. 209 City of Miami Solicitation 1153388 Eliminating the process of curing will streamline and improve the overall procurement solicitation process while making it more efficient by removing a source of delay, and more effective by concentrating due diligence reviews only on complete and responsive proposals and bids. Additionally, it is not a common procurement industry practice to allow cures. Other local public agencies such as Miami -Dade County and the Miami -Dade County Public School System do not presently allow cures in such similar instances. GUIDELINES: Procurement will only review and evaluate proposals and bids that have been deemed responsive. Responsive bids and proposals responses are defined by our Procurement Code.' Prospective Proposers and Bidders should understand that non -responsive proposals or bids will not be reviewed and will be eliminated from the evaluation and selection process. The City will not consider the curing of any proposal or bid that fail to meet the minimum qualifications or submission requirements of an RFQ, RFP, RFLI, IFB, ITB, ITQ, or RFS as applicable. Material deficiencies, deviations, irregularities, omissions, and/or technicalities are not waivable. Proposals and bids submitted with deficiencies, irregularities, omissions, and/or technicalities that deviate from the minimum qualifications and/or submission requirements for RFQs, RFPs, RFLIs, IFBs, ITBs, ITQs and RFS shall result in a non -responsive determination. The following list includes, but is not limited to, proposal and bid deficiencies, deviations, irregularities, omissions, and/or technicalities that shall result in a non -responsive determination for any solicitation issued on or after May 6, 2019: If a proposal or bid is missing forms, or contains unnotarized forms, unsigned forms, incorrect forms, or forms signed by any individual, other than the Proposer or Bidder, Proposer's or Bidder's team members, and/or individuals attesting to the stated project experience, the Proposer or Bidder will not be given time to cure the proposal or bid, and the City shall deem such proposal or bid non -responsive. The City, at its sole discretion, reserves the right to waive minor deviations not listed above. Such minor deficiencies, deviations, irregularities, omissions, or technicalities may be timely cured by the Proposer or Bidder, at the sole discretion of the City. Material (i.e. substantial or notable) deficiencies, deviations, irregularities, omissions, or technical issues cannot be cured by the Proposer or Bidder and are not waivable by the City. For illustrative guidance please see below an excerpt from State of Florida procurement instructions which discuss the difference in plain language between material and minor variances. Responsive bidder, proposer, offeror, or respondent means a business which has submitted a bid, offer, proposal, quotation or response which conforms in all material respects to the solicitation. Sec. 18-73, City Code. (Excerpt from 2012 WL 1155290 (F1a.Div.Admin.Hrgs.) Mandatory Responsiveness Requirements: Terms, conditions or requirements that must be met by the proposer to be responsive to this RFP. The responsiveness requirements are mandatory. Failure to meet the responsiveness requirements will cause rejection of a proposal. Any proposal rejected for failure to meet mandatory responsiveness requirements will not be evaluated. 4/21/2021 2:26 PM p. 210 City of Miami Solicitation 1153388 1.15 Material Deviations: The Department has established certain requirements with respect to proposals to be submitted by Proposers. The use of shall, must or will (except to indicate simple futurity) in this RFP indicates a requirement or condition which may not be waived by the Department except where any deviation therefore is not material. A deviation is material if, in the Department's sole discretion, the deficient response is not in substantial accord with this RFP's requirements, provides an advantage to one Proposer over other Proposers, or has a potentially significant effect on the quantity or quality of items or services proposed, or on the cost to the Department. Material deviations cannot be waived and shall be the basis for rejection of a response. Because this is an RFP, the Department will apply this definition liberally in reviewing responses in regard to service delivery. 1.16 Minor Irregularity: A variation from the RFP terms and conditions which does not affect the price proposed or gives the proposer an advantage or benefit not enjoyed by the other proposers or does not adversely impact the interests of the Department. 4/21/2021 2:26 PM p. 211 City of Miami Solicitation 1153388 Question and Answers for Solicitation #1153388 - Invitation for Bid for the Rental and Sale of Barricades Overall Solicitation Questions Question 1 Please clarify: Are the quantities of sale items based on estimated annual need? from: RoadSafe Traffic Systems, Inc. (Submitted: Mar 5, 2021 4:54:17 PM EST) Question 2 Please provide some past actual work orders for both Federally funded and non -Federally funded projects. from: RoadSafe Traffic Systems, Inc. (Submitted: Mar 5, 2021 4:55:16 PM EST) Question 3 Please provide the bid tabulation from previous bid of the same contract. (Submitted: Mar 5, 2021 4:55:56 PM EST) Question 4 What is the estimated annual expenditure planned for both rentals and sale items? (Submitted: Mar 5, 2021 4:56:34 PM EST) 4/21/2021 2:26 PM p. 212