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Home My WebLink AboutBack-Up DocumentsDocuSign Envelope ID: A87276E5-0F95-4664-B344-F49089C799CC TO: CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Arthur Noriega V City Manager II uagnco'o/yy� JYMI.a.L 1 �iw. FROM: niTit'Peit z, CPPO Director/Chief Procurement Officer Department of Procurement DATE: October 27, 2022 FILE SUBJECT: Recommendation for Approval to Award Forklift and Other Hydraulic Lifts Maintenance and Repairs REFERENCES: Invitation for Bid ("IFB") No. 1556387 ENCLOSURES: Bid Tabulation RECOMMENDATION: Based on the findings below, the Department of Procurement ("Procurement"), hereby recommends award of Invitation for Bid, ("IFB") No. 1556387 to the apparent sole responsive and responsible Bidder, Jobbers' Equipment Warehouse, Inc., ("Jobbers") for forklift and other hydraulic lifts maintenance and repairs for Group Nos. 6, 8, 9, 11, and 14. The awarded vendor, contract terms, and amount is shown below: IFB No./Title: IFB No. 1556387, Forklift and Other Hydraulic Lifts Maintenance and Repairs Contract Amount: $245,000 Annually (Approximately $1,400,000 in the aggregate) Contract Term: Two (2) years with the option to renew for two (2) additional two (2) year option to renew periods Recommended Vendor: Jobbers' Equipment Warehouse, Inc. BACKGROUND: On August 26, 2022, Procurement on behalf of General Services Administration ("GSA"), Real Estate and Asset Management ("DREAM"), and the Department of Fire -Rescue ("Fire -Rescue"), issued IFB No. 1556387, for Forklift and Other Hydraulic Lifts Maintenance and Repairs, under full and open competition. On September 28, 2022, at bid closing two (2) bids were received. One (1) Bidder was found non -responsive as they failed to submit the brand manufacturers' letters that confirms that they are authorized and qualified to perform maintenance services and repairs on the various manufacturer's equipment. The remaining bid was evaluated and tabulated following the guidelines published in the IFB. Jobbers' was the apparent sole responsive and responsible Bidder for Group Nos. 6, 8, 9, 11, and 14. Consequently, approval of this recommendation to award is requested. Your signature below will indicate approval of this recommendation. Approved: �DocuSignetl by' Qv}Lwr Navity, Arthur Noriega V, City Manager Date: November 4, 2022 1 09:06:46 EDT c: Larry Spring, C.P.A., Chief Financial Officer, Assistant City Manager Jennifer Ramirez, Director, General Services Administration Jacqueline Lorenzo, Interim Director, Real Estate and Asset Management Joseph F. Zahralban, Chief, Fire -Rescue Pablo Velez, Senior Assistant City Attorney Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director, Department of Procurement PR23009 BID PRICE SHEET IFB 1553386 FORKLIFT AND OTHER HYDRAULIC LIFTS MAINTENANCE AND REPAIRS JOBBERS EQUIPMENT WAREHOUSE, INC. Item Description Qty UOM Unit Price GROUP 1 1 Hourly Labor Rate Weekdays (Monday -Friday, 6:30AM - 8PM), for Wiggins, Model # W220m2-130, Marine Forklift, Repairs 1 HR 2 Hourly Labor Rate Weekends and Holidays, for Wiggins, Model # W220m2-130, Marine Forklift, Repairs 1 HR 3 Monthly Maintenance for Wiggins Marine Forklift, Pursuant to Section 3.0, Specifications/Scope of Work 1 EA GROUP 2 4 Hourly Labor Rate Weekdays (Monday -Friday, 6:30AM - 8PM), for Clark, Model # GCS15, Type G, Forklift and Clark, Model # C500-580, Type D, Forklift, Repairs 1 HR 5 Hourly Labor Rate Weekends and Holidays, for Clark, Model # GCS15, Type G, Forklift and Clark, Model # C500-580, Type D, Forklift, Repairs 1 HR GROUP 3 6 Hourly Labor Rate Weekdays (Monday -Friday, 6:30AM - 8PM), for JLG, Model # 25EL (25AM), Vertical Lift and JLG, Model # 450A, Articulating Boom Lift, Repairs 1 HR 7 Hourly Labor Rate Weekends and Holidays, for JLG, Model # 25EL (25AM) and JLG, Model # 450A, Articulating Boom Lift, Repairs 1 HR GROUP 4 8 Hourly Labor Rate Weekdays (Monday -Friday, 6:30AM - 8PM), for Hoist, Model # M250 Neptune Lift Truck, Repairs 1 HR g Hourly Labor Rate Weekend and Holidays, for Hoist, Model # M250 Neptune Lift Truck, Repairs 1 HR 10 Monthly Maintenance for Hoist Lifts, Pursuant to Section 3.0, Specifications/Scope of Work 1 EA GROUP 5 11 Hourly Labor Rate Weekdays (Monday -Friday, 6:30AM - 8PM), for Toyota, Model # 8FDU30, 7FDU35, 7FDAU50, 8FDU20, Forklifts, Repairs 1 HR 12 Hourly Labor Rate Weekends and Holidays, for Toyota, Model # 8FDU30, 7FDU35, 7FDAU50, 8FDU20, Forklifts, Repairs 1 HR BID PRICE SHEET IFB 1553386 FORKLIFT AND OTHER HYDRAULIC LIFTS MAINTENANCE AND REPAIRS item Description Qty UOM Unit Price GROUP 6 13 Hourly Labor Rate Weekdays (Monday -Friday, 6:30AM - 8PM), for Rotary, Model # SP015N310, SPOA10N5G0, SPOA10N500, Automotive Lifts, Repairs 1 HR 8295.00 14 Hourly Labor Rate Weekends and Holidays, for Rotary, Model # SP015N310, SPOA10N5G0, SPOA10N500 Automotive Lifts, Repairs 1 HR $340.00 15 Hourly Labor Rate Weekdays (Monday -Friday, 6:30AM - 8PM), for Rotary, Model # MCHM619U100, MCH618U100 Portable Tower Lifts, Repairs 1 HR g295.00 16 Hourly Labor Rate Weekends and Holidays, for Rotary, Model # MCHM619U100, MCH618U100 Portable Tower Lifts, Repairs 1 HR 8340.00 17 Hourly Labor Rate Weekdays (Monday -Friday, 6:30AM - 8PM), for Rotary, Model # PL7170F, RU70Q-905 In Ground Lifts, Repairs 1 HR $295.00 18 Hourly Labor Rate Weekends and Holidays, for Rotary, Model # PL7170F, RU70Q-905 In Ground Lifts, Repairs 1 HR $340.00 GROUP 7 19 Hourly Labor Rate Weekdays (Monday -Friday, 6:30AM - 8PM), for Mohawk, Model # System-1A-10, Automotive Lift, Repairs 1 HR 20 Hourly Labor Rate Weekends and Holidays, for Mohawk, Model # System-1A-10, Automotive Lift, Repairs 1 EA GROUP 8 21 Hourly Labor Rate Weekdays (Monday -Friday, 6:30AM - 8PM), for Brand: Omer, Manufacturer: Stertil-Koni, Model # VEGA 240/50 OF-26- FM OF-26-FM, OF-26-FM, Year: 2004, Load Rating: 50,000 Pounds (LB), Serial # 50300085004, Automotive Lift, Repairs H R S295 co 22 Hourly Labor Rate Weekends and Holidays, for Brand: Omer, Manufacturer: Stertil-Koni, Model # VEGA 240/50 OF-26-FM, Year: 2004, Load Rating: 50,000 Pounds (LB), Serial # 50300033001, Automotive Lift, Repairs 1 HR 8340.00 23 Hourly Labor Rate Weekdays (Monday -Friday, 6:30AM - 8PM), for Stertil Koni, Model # ST1082F and ST1072, Portable Tower Lift, Repairs 1 HR S295.00 24 Hourly Labor Rate Weekends and Holidays, for Stertil-Koni, Model # ST1082F and ST1072, Portable Tower Lift, Repairs 1 HR S340.00 GROUP 9 25 Hourly Labor Rate Weekdays (Monday -Friday, 6:30AM - 8PM), for Heftee, Model # D201T4854-20-25, Automotive Lift, Repairs 1 HR $29500 26 Hourly Labor Rate Weekends and Holidays, for Heftee, Model # D201T4854-20-25, Automotive Lift, Repairs 1 HR 0340.00 GROUP 10 27 Hourly Labor Rate Weekdays (Monday -Friday, 6:30AM - 8PM), for Daewoo, Model # GC255-3, Forklift, Repairs 1 HR 28 Hourly Labor Rate Weekends and Holidays, for Daewoo, Model # GC255-3, Forklift, Repairs 1 EA GROUP 11 29 Hourly Labor Rate Weekdays (Monday -Friday, 6:30AM - 8PM), for Joyce, Model # 2-30052, In Ground Lift, Repairs 1 HR 8295.00 30 Hourly Labor Rate Weekends and Holidays, for Joyce, Model # 2-30052, In Ground Lift, Repairs 1 HR 8340.00 GROUP 12 31 Hourly Labor Rate Weekdays (Monday -Friday, 6:30AM - 8PM), for Tailift, Model # WFG60C-346T, Forklift, Propane, Repairs 1 HR 32 Hourly Labor Rate Weekends and Holidays, for Tailift, Model # WFG60C- 346T, Forklift, Propane, Repairs 1 HR BID PRICE SHEET IFB 1553386 FORKLIFT AND OTHER HYDRAULIC LIFTS MAINTENANCE AND REPAIRS item Description Qty UOM Unit Price 33 Hourly Labor Rate Weekdays (Monday-Friday,6:30AM - 8PM), for Tailift, Model # FD 35, Forkliift, 8000 Ibs, Repairs 1 HR 34 Hourly Labor Rate Weekends and Holidays, for Tailift, Model # FD 35, Forklift, 8000 lbs, Repairs 1 HR 35 Preventative Maintenance (250 Hours), for Tailift Forklift, Propane, Pursuant to Section 3.0, Specifications/Scope of Work 1 EA 36 Preventative Maintenance for Tailift Forklift, 8000 lbs, Pursuant to Section 3.0, Specifications/Scope of Work 1 EA GROUP 13 37 Hourly Labor Rate Weekdays (Monday -Friday, 6:30AM - 8PM), for Yale, Model # NR04ODANM24TE091, Forklift, Electric, Repairs 1 HR 38 Hourly Labor Rate Twenty-four (24) Hours, Weekends and Holidays, for Yale, Model #NR040DANM24TE091, Forklift, Electric, Repairs 1 HR GROUP 14 39 Yearly Inspection for Wiggins Marine Forklift, Pursuant to Section 3.0, Specifications/Scope of Work 1 EA 40 Yearly Inspection for Clark Forklifts, Pursuant to Section 3.0, Specifications/Scope of Work 1 EA 41 Yearly Inspection for JLG Lifts, Pursuant to Section 3.0, Specifications/Scope of Work 1 EA 42 Yearly Inspection for Hoist Lifts, Pursuant to Section 3.0, Specifications/Scope of Work 1 EA 43 Yeary Inspection for Toyota Forklifts, Pursuant to Section 3.0, Specifications/Scope of Work 1 EA Yearly Inspection for Rotary Portable Tower Lifts and In Ground Lifts, Pursuant to Section 3.0, Specifications/Scope of Work 1 EA $145.00 45 Yearly Inspection for Rotary Automotive Lifts,Pursuant to Section 3.0, Specifications/Scope of Work 1 EA $145.00 46 Yearly Inspection for Mohawk Automotive Lifts, per Section 3.0, Specifications/Scope of Work 1 EA $145.00 47 Yearly Inspection for Stertil-Koni Portable Tower Lifts, Pursuant to Section 3.0, Specifications/Scope of Work 1 EA $145.o0 48 Yearly Inspection for Omer Automotive Lifts, Pursuant to Section 3.0, Specifications/Scope of Work 1 EA $145.00 49 Yearly Inspection for Stertil-Koni Automotive Lifts, Pursuant to Section 3.0, Specifications/Scope of Work 1 EA $145.00 50 Yearly Inspection for Heftee Automotive Lifts, Pursuant to Section 3.0, Specifications/Scope of Work 1 EA $145.00 51 Yearly Inspection for Daewoo Forklifts, Pursuant to Section 3.0, Specifications/Scope of Work 1 EA 52 Yearly Inspection for Joyce In Ground Lift, Pursuant to Section 3.0, Specifications/Scope of Work 1 EA $145.00 53 Yearly Inspection for Tailift Forklift, Propane, Pursuant to Section 3.0, Specifications/Scope of Work 1 EA Yearly Inspection for Tailift Forklift, 8000 Ibs, Pursuant to Section 3.0, Specifications/Scope of Work 1 EA 72 Yearly Inspection for Yale Forklift, Electric, Pursuant to Section 3.0, Specifications/Scope of Work 1 EA Prepared by: Teresa Soto, October, 2022 Approved by: De hector/Designee BID PRICE SHEET IFB 1553386 FORKLIFT AND OTHER HYDRAULIC LIFTS MAINTENANCE AND REPAIRS JOBBERS EQUIPMENT WAREHOUSE, INC Item Description Qty UOM Unit Price GROUP 1 1 Hourly Labor Rate Weekdays (Monday -Friday, 6:30AM - 8PM), for Wiggins, Model # W220m2-130, Marine Forklift, Repairs 1 HR 2 Hourly Labor Rate Weekends and Holidays, for Wiggins, Model # W220m2-130, Marine Forklift, Repairs 1 MR 3 Monthly Maintenance for Wiggins Marine Forklift, Pursuant to Section 3,0, Specifications/Scope of Work 1 EA GROUP 2 4 Hourly Labor Rate Weekdays (Monday -Friday, 6:30AM - 8PM), for Clark, Model # GCS15, Type G, Forklift and Clark, Model # C500-580, Type ID, Forklift, Repairs 1 HR 5 Hourly Labor Rate Weekends and Holidays, for Clark, Model # GCS15, Type G, Forklift and Clark, Model # C500-580, Type D, Forklift, Repairs 1 HR GROUP 3 6 Hourly Labor Rate Weekdays (Monday -Friday, 6:30AM - 8PM), for JLG, Model # 25EL (25AM), Vertical Lift and JLG, Model # 450A, Articulating Boom Lift, Repairs 1 HR 7 Hourly Labor Rate Weekends and Holidays, for JLG, Model # 26EL (25AM) and JLG, Model # 450A, Articulating Boom Lift, Repairs 1 HR GROUP 4 8 Hourly Labor Rate Weekdays (Monday -Friday, 6:30AM - 8PM), for Hoist, Model # M250 Neptune Lift Truck, Repairs 1 HR g Hourly Labor Rate Weekend and Holidays, for Hoist, Model # M250 Neptune Lift Truck, Repairs 1 HR 10 Monthly Maintenance for Hoist Lifts, Pursuant to Section 3.0, Specifications/Scope of Work 1 EA GROUP 5 11 Hourly Labor Rate Weekdays (Monday -Friday, 6:30AM - 8PM), for Toyota, Model # BFDU30, 7FDU35, 7FDAU50, BFDU20, Forklifts, Repairs 1 HR 12 Hourly Labor Rate Weekends and Holidays, for Toyota, Model # 8FDU30, 7FDU35, 7FDAU50, 8FDU20, Forklifts, Repairs 1 HR BID PRICE SHEET IFB 1553386 FORKLIFT AND OTHER HYDRAULIC LIFTS MAINTENANCE AND REPAIRS Item Description Qty UOM Unit Price GROUP 6 13 Hourly Labor Rate Weekdays (Monday -Friday, 6:30AM - 8PM), for Rotary, Model # SP015N310, SPOA10N5G0, SPOA10N5O0, Automotive Lifts, Repairs 1 HR $295.00 14 Hourly Labor Rate Weekends and Holidays, for Rotary, Model # SP015N310, SPOAION5GO, SPOA10N500 Automotive Lifts, Repairs 1 HR $340,00 15 Hourly Labor Rate Weekdays (Monday -Friday, 6:30AM - 8PM), for Rotary, Model # MCHM619U100, MCH618U100 Portable Tower Lifts, Repairs 1 HR $295.00 16 Hourly Labor Rate Weekends and Holidays, for Rotary, Model # MCHM619U100, MCH618U100 Portable Tower Lifts, Repairs 1 HR $340.00 17 Hourly Labor Rate Weekdays (Monday -Friday, 6:30AM - 8PM), for Rotary, Model # PL7170F, RU70Q-905 In Ground Lifts, Repairs 1 HR $295.00 18 Hourly Labor Rate Weekends and Holidays, for Rotary, Model # PL7170F, RU70Q-905 In Ground Lifts, Repairs 1 HR $340.00 GROUP 7 19 Hourly Labor Rate Weekdays (Monday -Friday, 6:30AM - 8PM), for Mohawk, Model # System-1A-10, Automotive Lift, Repairs 1 HR 20 Hourly Labor Rate Weekends and Holidays, for Mohawk, Model # System-1A-10, Automotive Lift, Repairs 1 EA GROUP 8 21 Hourly Labor Rate Weekdays (Monday -Friday, 6:30AM - 8PM), for Brand: Omer, Manufacturer: Stertil-Kent, Model # VEGA 240/50 OF-26- FM OF-26-FM, OF-26-FM, Year: 2004, Load Rating: 50,000 Pounds (LB), Serial # 50300085004, Automotive Lift, Repairs 1 HR $295.00 22 Hourly Labor Rate Weekends and Holidays, for Brand: Omer, Manufacturer: Stertil-Koni, Model # VEGA 240/50 OF-26-FM, Year: 2004, Load Rating: 50,000 Pounds (LB), Serial # 50300033001, Automotive Lift, Repairs 1 HR $340.00 23 Hourly Labor Rate Weekdays (Monday -Friday, 6:30AM - 8PM), for Stertil- Koni, Model # ST1082F and ST1072, Portable Tower Lift, Repairs 1 HR $295.00 24 Hourly Labor Rate Weekends and Holidays, for Stertil-Koni, Model # ST1082F and ST1072, Portable Tower Lift, Repairs 1 HR $340.00 GROUP 9 25 Hourly Labor Rate Weekdays (Monday -Friday, 6:30AM - 8PM), for Heftee, Model # D201T4854-20-25, Automotive Lift, Repairs 1 HR $295.00 26 Hourly Labor Rate Weekends and Holidays, for Heftee, Model # D201T4854-20-25, Automotive Lift, Repairs 1 HR $340,00 GROUP 10 27 Hourly Labor Rate Weekdays (Monday -Friday, 6:30AM - 8PM), for Daewoo, Model # GC255-3, Forklift, Repairs 1 HR 28 Hourly Labor Rate Weekends and Holidays, for Daewoo, Model # GC255-3, Forklift, Repairs 1 EA GROUP 11 29 Hourly Labor Rate Weekdays (Monday -Friday, 6:30AM - 8PM), for Joyce, Model # 2-30052, in Ground Lift, Repairs 1 HR $295.00 30 Hourly Labor Rate Weekends and Holidays, for Joyce, Model # 2-30052, In Ground Lift, Repairs 1 HR $3ae.00 GROUP 12 31 Hourly Labor Rate Weekday$ (Monday -Friday, 6:30AM - 8PM), for Tan1 Model # WFG60C-346T, Forklift, Propane, Repairs HR 32 Hourly Labor Rate Weekends and Holidays, for Tailift, Model # WFG60C- 346T, Forklift, Propane, Repairs 1 HR BID PRICE SHEET IFB 1553386 FORKLIFT AND OTHER HYDRAULIC LIFTS MAINTENANCE AND REPAIRS Item Description Qty UOM Unit Price 33 Hourly Labor Rate Weekdays (Monday-Friday,6:30AM - 8PM), for Talllft, Model # FD 35, Forklift, 8000 Ibs, Repairs 1 HR 34 Hourly Labor Rate Weekends and Holidays, for Talllft, Model # FD 35, Forklift, 8000 Ibs, Repairs 1 HR 35 Preventative Maintenance (250 Hours), for Tailift Forklift, Propane, Pursuant to Section 3.0, Specifications/Scope of Work 1 EA 36 Preventative Maintenance for Tailift Forklift, 8000 Ibs, Pursuant to Section 3.0, Specifications/Scope of Work 1 EA GROUP 13 37 Hourly Labor Rate Weekdays (Monday -Friday, 6:30AM - 8PM), for Yale, Model # NR040DANM24TE091, Forklift, Electric, Repairs 1 HR 38 Hourly Labor Rate Twenty-four (24) Hours, Weekends and Holidays, for Yale, Model #NR040DANM24TE091, Forklift, Electric, Repairs 1 HR GROUP 14 39 Yearly Inspection for Wiggins Marine Forklift, Pursuant to Section 3.0, Specifications/Scope of Work 1 EA 40 Yearly Inspection for Clark Forklifts, Pursuant to Section 3.0, Specifications/Scope of Work 1 EA 41 Yearly Inspection for JLG Lifts, Pursuant to Section 3.0, Specifications/Scope of Work 1 EA 42 Yearly Inspection for Hoist Lifts, Pursuant to Section 3.0, Specifications/Scope of Work 1 EA 43 Yeary Inspection for Toyota Forklifts, Pursuant to Section 3.0, Specifications/Scope of Work 1 EA 44 Yearly Inspection for Rotary Portable Tower Lifts and In Ground Lifts, Pursuant to Section 3.0, Specifications/Scope of Work 1 EA 5145.00 45 Yearly Inspection for Rotary Automotive LIfts,Pursuant to Section 3.0, Specifications/Scope of Work 1 EA $145.00 46 Yearly Inspection for Mohawk Automotive Lifts, per Section 3.0, Specifications/Scope of Work 1 EA $145.00 47 Yearly Inspection for Stertil-Koni Portable Tower Lifts, Pursuant to Section 3.0, Specifications/Scope of Work 1 EA $145.00 48 Yearly Inspection for Omer Automotive Lifts, Pursuant to Section 3,0, Specifications/Scope of Work 1 EA $145,00 49 Yearly Inspection for Stertil-Koni Automotive Lifts, Pursuant to Section 3.0, Specifications/Scope of Work 1 EA $145.00 50 Yearly Inspection for Heftee Automotive Lifts, Pursuant to Section 3.0, Speciflcatlons/Scope of Work 1 EA $145.00 51 Yearly Inspection for Daewoo Forklifts, Pursuant to Section 3.0, Specifications/Scope of Work 1 EA 52 Yearly Inspection for Joyce In Ground Lift, Pursuant to Section 3.0, Specifications/Scope of Work 1 EA $145.00 53 Yearly Inspection for Tailift Forklift, Propane, Pursuant to Section 3.0, Specifications/Scope of Work 1 EA 54 Yearly Inspection for Tailift Forklift, 8000 Ibs, Pursuant to Section 3.0, Speclficatlons/Scope of Work 1 EA 72 Yearly Inspection for Yale Forklift, Electric, Pursuant to Section 3.0, Speclficatlons/Scope of Work 1 EA �� .✓1! Prepared by: Teresa Soto, October, 2022 Approved by: Dept. Dir BID PRICE SHEET IFB 1553386 FORKLIFT AND OTHER HYDRAULIC LIFTS MAINTENANCE AND REPAIRS Item Description Qty UOM Unit Price GROUP 6 13 Hourly Labor Rate Weekdays (Monday -Friday, 6:30AM - 8PM), for Rotary, Model # SP015N310, SPOA10N5GO, SPOA10N500, Automotive Lifts, Repairs 1 HR 5295.00 14 Hourly Labor Rate Weekends and Holidays, for Rotary, Model # SP015N310, SPOA10N5G0, SPOA10N500 Automotive Lifts, Repairs 1 HR S340.00 15 Hourly Labor Rate Weekdays (Monday -Friday, 6:30AM - 8PM), for Rotary, Model # MCHM619U100, MCH618U100 Portable Tower Lifts, Repairs 1 HR E295.00 16 Hourly Labor Rate Weekends and Holidays, for Rotary, Model # MCHM619U100, MCH618U100 Portable Tower Lifts, Repairs 1 HR $340.00 17 Hourly Labor Rate Weekdays (Monday -Friday, 6:30AM - 8PM), for Rotary, Model # PL7170F, RU70Q-905 In Ground Lifts, Repairs 1 HR $295.00 18 Hourly Labor Rate Weekends and Holidays, for Rotary, Model # PL7170F, RU70Q-905 In Ground Lifts, Repairs 1 HR 5340.00 GROUP 7 19 Hourly Labor Rate Weekdays (Monday -Friday, 6:30AM - OPM), for Mohawk, Model # System-1A-10, Automotive Lift, Repairs 1 HR 20 Hourly Labor Rate Weekends and Holidays, for Mohawk, Model # System-1A-10, Automotive Lift, Repairs 1 EA GROUP 8 21 Hourly Labor Rate Weekdays (Monday -Friday, 6:30AM - 8PM), for Brand: Omer, Manufacturer. Stertil-Koni, Model # VEGA 240/50 OF-26- FM OF-26-FM, OF-26-FM, Year. 2004, Load Rating: 50,000 Pounds (LB), Serial # 50300085004, Automotive Lift, Repairs 1 HR 5295.00 22 Hourly Labor Rate Weekends and Holidays, for Brand: Omer, Manufacturer. Stertil-Koni, Model # VEGA 240/50 OF-26-FM, Year. 2004, Load Rating: 50,000 Pounds (LB), Serial # 50300033001, Automotive Lift, Repairs 1 HR S340.00 23 Houdy Labor Rate Weekdays (Monday -Friday, 6:30AM - 8PM), for Stertil- Koni, Model # ST1082F and ST1072, Portable Tower Lift, Repairs 1 HR 5295.00 24 Hourly Labor Rate Weekends and Holidays, for Stertil-Koni, Model # ST1082F and ST1072, Portable Tower Lift, Repairs 1 HR 5340.00 GROUP 9 25 Hourly Labor Rate Weekdays (Monday -Friday, 6:30AM - 8PM), for Heftee, Model # D201T4854-20-25, Automotive Lift, Repairs 1 HR 5295. D0 26 Hourly Labor Rate Weekends and Holidays, for Heftee, Model # D201T4854-20-25, Automotive Lift, Repairs 1 HR 5340.00 GROUP 10 27 Hourly Labor Rate Weekdays (Monday -Friday, 6:30AM - 8PM), for Daewoo, Model # GC255-3, Forklift, Repairs 1 HR 28 Hourly Labor Rate Weekends and Holidays, for Daewoo, Model # GC255-3, Forklift, Repairs 1 EA GROUP 11 29 Houdy Labor Rate Weekdays (Monday -Friday, 6:30AM - 8PM), for Joyce, Model # 2-30052, In Ground Lift, Repairs 1 HR S295.00 30 Hourly Labor Rate Weekends and Holidays, for Joyce, Model # 230052, In Ground Lift, Repairs 1 HR $340.00 GROUP 12 31 Houdy Labor Rate Weekdays (Monday -Friday, 6:30AM - 8PM), for Tailift, Model # WFG60C-346T, Forklift, Propane, Repairs 1 HR 32 Hourly Labor Rate Weekends and Holidays, for Tailift, Model # WFG60C- 346T, Forklift, Propane, Repairs 1 HR BID PRICE SHEET IFB 1553386 FORKLIFT AND OTHER HYDRAULIC LIFTS MAINTENANCE AND REPAIRS JOBBERS EQUIPMENT WAREHOUSE, INC Item Description Qty UOM Unit Price GROUP 1 1 Hourly Labor Rate Weekdays (Monday -Friday, 6:30AM - 8PM), for Wiggins, Model # W220m2-130, Marine Forklift, Repairs 1 HR 2 Hourly Labor Rate Weekends and Holidays, for Wiggins, Model # W220m2-130, Marine Forklift, Repairs 1 HR 3 Monthly Maintenance for Wiggins Marine Forklift, Pursuant to Section 3.0, Specifications/Scope of Work 1 EA GROUP 2 4 Hourly Labor Rate Weekdays (Monday -Friday, 6:30AM - 8PM), for Clark, Model # GCS15, Type G, Forklift and Clark, Model # C500-580, Type D, Forklift, Repairs 1 HR 5 Houdy Labor Rate Weekends and Holidays, for Clark, Model # GCS15, Type G, Forklift and Clark, Model # C500-580, Type D, Forklift, Repairs 1 HR GROUP 3 6 Hourly Labor Rate Weekdays (Monday -Friday, 6:30AM - 8PM), for JLG, Model # 25EL (25AM), Vertical Lift and JLG, Model # 450A, Articulating Boom Lift, Repairs 1 HR 7 Hourly Labor Rate Weekends and Holidays, for JLG, Model # 25EL (25AM) and JLG, Model # 450A, Articulating Boom Lift, Repairs 1 HR GROUP 4 6 Hourly Labor Rate Weekdays (Monday -Friday, 6:30AM - 8PM), for Hoist, Model # M250 Neptune Lilt Truck, Repairs 1 HR g Hourly Labor Rate Weekend and Holidays, for Hoist, Model # M250 Neptune Lift Truck, Repairs 1 HR 10 Monthly Maintenance for Hoist Lifts, Pursuant to Section 3.0, Specifications/Scope of Work 1 EA GROUP 5 11 Houdy Labor Rate Weekdays (Monday -Friday, 6:30AM - 8PM), for Toyota, Model # 8FDU30, 7FDU35, 7FDAU50, 8FDU20, Forklifts, Repairs 1 HR 12 Hourly Labor Rate Weekends and Holidays, for Toyota, Model # 8FDU30, 7FDU35, 7FDAU50, 8FDU20, Forklifts, Repairs 1 HR BID PRICE SHEET IFB 1553386 FORKLIFT AND OTHER HYDRAULIC LIFTS MAINTENANCE AND REPAIRS Item Description Qty UOM Unit Price 33 Hourly Labor Rate Weekdays (Monday-Fnday,6:30AM - 8PM), for Tailift, Model # FD 35, Forklift, 8000 Ibs, Repairs 1 HR 34 Hourly Labor Rate Weekends and Holidays, for Tailift, Model # FD 35, Forklift, 8000 Ibs, Repairs 1 HR 35 Preventative Maintenance (250 Hours), for Tailift Forklift, Propane, Pursuant to Section 3.0, Specifications/Scope of Work 1 EA 36 Preventative Maintenance for Tailift Forklift, 8000 lbs, Pursuant to Section 3.0, Specifications/Scope of Work 1 EA GROUP 13 37 Hourly Labor Rate Weekdays (Monday -Friday, 6:30AM - 8PM), for Yale, Model # NR040DANM24TE091, Forklift, Electric, Repairs 1 HR 38 Hourly Labor Rate Twenty-four (24) Hours, Weekends and Holidays, for Yale, Model #NR040DANM24TE091, Forklift, Electric, Repairs 1 HR GROUP 14 39 Yearly Inspection for Wiggins Marine Forklift, Pursuant to Section 3.0, Specifications/Scope of Work 1 EA 40 Yearly Inspection for Clark Forklifts, Pursuant to Section 3.0, Specifications/Scope of Work 1 EA 41 Yearly Inspection for JLG Lifts, Pursuant to Section 3.0, Specifications/Scope of Work 1 EA 42 Yearly Inspection for Hoist Lifts, Pursuant to Section 3.0, Specifications/Scope of Work 1 EA 43 Yeary Inspection for Toyota Forklifts, Pursuant to Section 3.0, Specifications/Scope of Work 1 EA 44 Yearly Inspection for Rotary Portable Tower Lifts and In Ground Lifts, Pursuant to Section 3.0, Specifications/Scope of Work 1 EA $145.a0 45 Yearly Inspection for Rotary Automotive Lifts,Pursuant to Section 3.0, Specifications/Scope of Work 1 EA $t45.00 46 Yearly Inspection for Mohawk Automotive Lifts, per Section 3.0, Specifications/Scope of Work 1 EA St45.0o 47 Yearly Inspection for Steriil-Koni Portable Tower Lifts, Pursuant to Section 3.0, Specifications/Scope of Work 1 EA $145.00 48 Yearly Inspection for Omer Automotive Lifts, Pursuant to Section 3.0, Specifications/Scope of Work 1 EA 5145.00 49 Yeary Inspection for Stenil-Koni Automotive Lifts, Pursuant to Section 3.0, Specifications/Scope of Work 1 EA 5145.00 50 Yearly Inspection for Heftee Automotive Lifts, Pursuant to Section 3.0, Specifications/Scope of Work 1 EA S145.00 51 Yearly Inspection for Daewoo Forklifts, Pursuant to Section 3.0, Specifications/Scope of Work 1 EA 52 Yearly Inspection for Joyce In Ground Lift, Pursuant to Section 3.0, Specifications/Scope of Work 1 EAS145.00 53 Yearly Inspection for Tailift Forklift, Propane, Pursuant to Section 3.0, of Work 1 EASpecifications/Scope 54 Yearly Inspection for Tailift Forklift, 8000 lbs, Pursuant to Section 3.0, Specifications/Scope of Work 1 EA 72 Yearly Inspection for Yale Forklift, Electric, Pursuant to Section 3.0, Specifications/Scope of Work 1 EA 1\ Prepared by: Teresa Soto, October, 2022 Approved by: Dept. irector/Designee DIVISION OF CORPORATIONS 1f - JiYIl1U.l of an official Suue of Florida website Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Profit Corporation JOBBERS' EQUIPMENT WAREHOUSE, INC. Filing Information Document Number 260457 FEI/EIN Number 59-0970927 Date Filed 06/29/1962 State FL Status ACTIVE Principal Address 5440 N.W. 78TH AVENUE MIAMI, FL 33166 Mailing Address 10621 SW 140 ST. MIAMI, FL 33176 Changed: 03/31/2019 Registered Agent Name & Address AHEARN, MARIA J 10621 SW 140 ST MIAMI, FL 33176 Name Changed: 04/03/2012 Address Changed: 04/03/2012 Officer/Director Detail Name & Address Title CFO, Treasurer, VP AHEARN, MARIA J 10621 SW 140 ST. MIAMI, FL 33176 Title President AHEARN, RONALD M 10621 SW 140 ST MIAMI, FL 33176 Annual Reports Report Year Filed Date 2020 03/16/2020 2021 04/12/2021 2022 03/12/2022 Document Images 03/12/2022 -- ANNUAL REPORT 04/12/2021 -- ANNUAL REPORT 03/16/2020 -- ANNUAL REPORT 03/31/2019 -- ANNUAL REPORT 02/28/2018 -- ANNUAL REPORT 04/23/2017 -- ANNUAL REPORT 04/05/2016 -- ANNUAL REPORT 04/06/2015 -- ANNUAL REPORT 04/11/2014 --ANNUAL REPORT 04/12/2013 -- ANNUAL REPORT 04/03/2012 -- ANNUAL REPORT 04/05/2011 --ANNUAL REPORT 04/14/2010 -- ANNUAL REPORT 03/27/2009 -- ANNUAL REPORT 04/16/2008 -- ANNUAL REPORT 03/06/2007 -- ANNUAL REPORT 03/03/2006 -- ANNUAL REPORT 04/13/2005 -- ANNUAL REPORT 03/23/2004 -- ANNUAL REPORT 03/24/2003 -- ANNUAL REPORT 03/26/2002 -- ANNUAL REPORT 03/02/2001 -- ANNUAL REPORT 04/19/2000 -- ANNUAL REPORT 03/22/1999 -- ANNUAL REPORT 05/19/1998 -- ANNUAL REPORT 01/24/1997 -- ANNUAL REPORT 01/23/1996 -- ANNUAL REPORT 01/19/1995 -- ANNUAL REPORT 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 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 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: JOBBERS EQUIPMENT WAREHOUSE INC ADDRESS: 5440 NW 78TH AVE MIAMI FL 33166 PHONE: 305-592-8730 FAX: 305-592-6571 EMAIL: SUPPORT@JOBBERSMIAMI.COM CELL(Optional): SIGNED BY: MARIA J AHEARN r - ?7� I 0-42Qti, TITLE: CFO DATE: 09-21-2022 FAILURE TO COMPLETE, SIGN. AND RETURN THIS FORM SHALL DISQUALIFY THIS RESPONSE. Certifications Legal Name of Firm: JOBBERS EQUIPMENT WAREHOUSE INC Entity Type: Partnership, Sole Proprietorship, Corporation, etc. CORPORATION Year Established: 1962 Office Location: City of Miami, Miami -Dade County, or Other MIAMI-DADE COUNTY Federal Employee Identification Number (FEIN): 59-0970927 Business Tax Receipt/Occupational License Number: 6438048 Business Tax Receipt/Occupational License Issuing Agency: MIAMI-DADE COUNTY Business Tax Receipt/Occupational License Expiration Date: 09-30-2023 Will Subcontractor(s) be used? (Yes 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, 1/1/21). If no addendum/addenda was/were issued, please insert N/A. Addendum No. 1, 09-13-2022/Addendum No 2, 09-15-2022 If Bidder has a Local Office, as defined under Chapter 18/Article III, Section 18-73 of the City Code, has Bidder filled out, notarized, and included with its bid response the "City of Miami Local Office Certification" form? YES OR NO? N/A Does Bidder have any pen. ' lawsuits with or against the City of Miami, any of its agencies and/or instrumentalities? (Yes or . f Yes, please list. NO Does Bidder have any record of criminal activities? (Yes (No) If Yes, please list. NO Has Bidder declared bankruptcy within the past seven (7) years? (Yes o NO f Yes, when? Does Bidder have any prior or pending litigation, either civil or criminal, involving a governmental agency, or which may affect the performance of the services to be rendered herein, in which the Bidder, i of its employees, or subcontractors is or has been involved in within the last five (5) years? (Yes or (No If Yes, please list. NO BID PRICE SHEET IFB 1553386 FORKLIFT AND OTHER HYDRAULIC LIFTS MAINTENANCE AND REPAIRS Item Description Qty UOM Unit Price GROUP 1 1 Hourly Labor Rate Weekdays (Monday -Friday, 6:30AM - 8PM), for Wiggins, Model # W220m2-130, Marine Forklift, Repairs 1 HR 2 Hourly Labor Rate Weekends and Holidays, for Wiggins, Model # W220m2-130, Marine Forklift, Repairs 1 HR 3 Monthly Maintenance for Wiggins Marine Forklift, Pursuant to Section 3.0, Specifications/Scope of Work 1 EA GROUP 2 4 Hourly Labor Rate Weekdays (Monday -Friday, 6:30AM - 8PM), for Clark, Model # GCS15, Type G, Forklift and Clark, Model # C500-580, Type D, Forklift, Repairs 1 HR 5 Hourly Labor Rate Weekends and Holidays, for Clark, Model # GCS15, Type G, Forklift and Clark, Model # C500-580, Type D, Forklift, Repairs 1 HR GROUP 3 6 Hourly Labor Rate Weekdays (Monday -Friday, 6:30AM - 8PM), for JLG, Model # 25EL (25AM), Vertical Lift and JLG, Model # 450A, Articulating Boom Lift, Repairs 1 HR 7 Hourly Labor Rate Weekends and Holidays, for JLG, Model # 25EL (25AM) and JLG, Model # 450A, Articulating Boom Lift, Repairs)c 1 HR GROUP 4 8 Hourly Labor Rate Weekdays (Monday -Friday, 6:30AM - 8PM), for Hoist, Model # M250 Neptune Lift Truck, Repairs 1 HR 9 Hourly Labor Rate Weekend and Holidays, for Hoist, Model # M250 Neptune Lift Truck, Repairs 1 HR 10 Monthly Maintenance for Hoist Lifts, Pursuant to Section 3.0, Specifications/Scope of Work 1 EA GROUP 5 11 Hourly Labor Rate Weekdays (Monday -Friday, 6:30AM - 8PM), for Toyota, Model # 8FDU30, 7FDU35, 7FDAU50, 8FDU20, Forklifts, Repairs 1 HR A\ 12 Hourly Labor Rate Weekends and Holidays, for Toyota, Model # 8FDU30, 7FDU35, 7FDAU50, 8FDU20, Forklifts, Repairs 1 HR BID PRICE SHEET IFB 1553386 FORKLIFT AND OTHER HYDRAULIC LIFTS MAINTENANCE AND REPAIRS ttem Description Qty UOM Unit Price GROUP 6 13 Hourly Labor Rate Weekdays (Monday -Friday, 6:30AM - SPM), for Rotary, Model # SP015N310, SPOA10N5G0, SPOA10N500,, Automotive Lifts, Repairs 1 HR 295.00 14 Hourly Labor Rate Weekends and Holidays, for Rotary, Model # SP015N310, SPOA1ON5G0, SPOA10N500 Automotive Lifts, Repairs 1 HR 340.00 15 Hourly Labor Rate Weekdays (Monday -Friday, 6:30AM - 8PM), for Rotary, Model # MCHM619U100, MCH618U100 Portable Tower Lifts, Repairs 1 HR 295.00 16 Hourly Labor Rate Weekends and Holidays, for Rotary, Model # MCHM619U100, MCH618U100 Portable Tower Lifts, Repairs 1 HR 340.00 17 Hourly Labor Rate Weekdays (Monday -Friday, 6:30AM - 8PM), for Rotary, Model # PL7170F, RU700-905 In Ground Lifts, Repairs 1 HR 295.00 16 Hourly Labor Rate Weekends and Holidays, for Rotary, Model # PL7170F, RU70Q-905 In Ground Lifts, Repairs 1 HR 340.00 GROUP 7 19 Hourly Labor Rate Weekdays (Monday -Friday, 6:30AM - 8PM), for Mohawk, Model # System-1A-10, Automotive Lift, Repairs 1 HR 20 Hourly Labor Rate Weekends and Holidays, for Mohawk, Model # System-1A-10, Automotive Lift, Repairs 1 EA GROUP 8 21 Hourly Labor Rate Weekdays (Monday -Friday, 6:30AM - 8PM), for Brand: Omer, Manufacturer: Stertil-Koni, Model # VEGA 240/50 OF-26- FM OF-26-FM, OF-26-FM, Year: 2004, Load Rating: 50,000 Pounds (LB), Serial # 50300085004, Automotive Lift, Repairs i HR 295.00 22 Hourly Labor Rate Weekends and Holidays, for Brand: Omer, Manufacturer: Stertil-Koni, Model # VEGA 240/50 OF-26-FM, Year: 2004, Load Rating: 50,000 Pounds (LB), Serial # 50300033001, Automotive Lift, Repairs 1 HR 340.00 23 Hourly Labor Rate Weekdays (Monday -Friday, 6:30AM - 8PM), for Stertil- Koni, Model # ST1082F and ST1072, Portable Tower Lift, Repairs 1 HR 295.00 24 Hourly Labor Rate Weekends and Holidays, for Stertil-Koni, Model # ST1082F and ST1072, Portable Tower Lift, Repairs 1 HR 340.00 GROUP 9 25 Hourly Labor Rate Weekdays (Monday -Friday, 6:30AM - 8PM), for Heftee, Model # D201T4854-20-25, Automotive Lift, Repairs 1 HR 295.00 26 Hourly Labor Rate Weekends and Holidays, for Heftee, Model # D201 T4854-20-25, Automotive Lift, Repairs 1 HR 340.00 GROUP 10 27 Hourly Labor Rate Weekdays (Monday -Friday, 6:30AM - 8PM), for Daewoo, Model # GC255-3, Forklift, Repairs 1 HR 28 Hourly Labor Rate Weekends and Holidays, for Daewoo, Model # GC255-3, Forklift, Repairs 1 EA GROUP 11 29 Hourly Labor Rate Weekdays (Monday -Friday, 6:30AM - 8PM), for Joyce, Model # 2-30052, In Ground Lift, Repairs 1 HR 295.00 30 Hourly Labor Rate Weekends and Holidays, for Joyce, Model # 2-30052, In Ground Lift, Repairs 1 HR 340.00 GROUP 12 31 Hourly Labor Rate Weekdays (Monday -Friday, 6:30AM - 8PM), for Tailift,. Model # WFG6OC-346T, Forklift, Propane, Repairs 1 HR 32 Hourly Labor Rate Weekends and Holidays, for Tailift. Model # WFG60C- 346T, Forklift, Propane, Repairs 1 HR BID PRICE SHEET IFB 1553386 FORKLIFT AND OTHER HYDRAULIC LIFTS MAINTENANCE AND REPAIRS Item Description Qty UOM Unit Price 33 Hourly Labor Rate Weekdays (Monday-Friday,6:30AM - 8PM), for Tailift, Model # FD 35, Forklift, 8000 Ibs, Repairs 1 HR 34 Hourly Labor Rate Weekends and Holidays, for Tailift, Model # FD 35, Forklift, 8000 Ibs, Repairs 1 HR 35 Preventative Maintenance (250 Hours), for Tailift Forklift, Propane, Pursuant to Section 3.0, Specifications/Scope of Work 1 EA 36 Preventative Maintenance for Tailift Forklift, 8000 lbs, Pursuant to Section 3.0, Specifications/Scope of Work 1 EA GROUP 13 37 Hourly Labor Rate Weekdays (Monday -Friday, 6:30AM - 8PM), for Yale, Model # NR040DANM24TE091, Forklift, Electric, Repairs 1 HR 38 Hourly Labor Rate Twenty-four (24) Hours, Weekends and Holidays, for Yale, Model #NR040DANM24TE091, Forklift, Electric, Repairs 1 HR GROUP 14 39 Yearly Inspection for Wiggins Marine Forklift, Pursuant to Section 3.0, Specifications/Scope of Work 1 EA 40 Yearly Inspection for Clark Forklifts, Pursuant to Section 3.0, Specifications/Scope of Work 1 EA 41 Yearly Inspection for JLG Lifts, Pursuant to Section 3.0. Specifications/Scope of Work 1 EA 42 Yearly Inspection for Hoist Lifts, Pursuant to Section 3.0, Specifications/Scope of Work 1 EA 43 Yeary Inspection for Toyota Forklifts, Pursuant to Section 3.0, Specifications/Scope of Work 1 EA 44 Yearly Inspection for Rotary Portable Tower Lifts and In Ground Lifts, Pursuant to Section 3.0, Specifications/Scope of Work 1 EA 145.00 45 Yearly Inspection for Rotary Automotive Lifts,Pursuant to Section 3.0, Specifications/Scope of Work 1 EA 145.00 46 Yearly Inspection for Mohawk Automotive Lifts, per Section 3.0, Specifications/Scope of Work 1 EA 145.00 47 Yearly Inspection for Stertil-Koni Portable Tower Lifts, Pursuant to Section 3.0, Specifications/Scope of Work 1 EA 145.00 48 Yearly Inspection for Omer Automotive Lifts, Pursuant to Section 3.0, Specifications/Scope of Work 1 EA 145.00 49 Yearly Inspection for Stertil-Koni Automotive Lifts, Pursuant to Section 3.0, Specifications/Scope of Work 1 EA 145.00 50 Yearly Inspection for Heftee Automotive Lifts, Pursuant to Section 3.0, Specifications/Scope of Work 1 EA 145.00 51 Yearly Inspection for Daewoo Forklifts, Pursuant to Section 3.0, Specifications/Scope of Work 1 EA �� 52 Yearly Inspection for Joyce In Ground Lift, Pursuant to Section 3.0, Specifications/Scope of Work 1 EA 145.00 53 Yearly Inspection for Tailift Forklift, Propane, Pursuant to Section 3.0, Specifications/Scope of Work 1 EA 54 Yearly Inspection for Tailift Forklift, 8000 Ibs, Pursuant to Section 3.0, Specifications/Scope of Work 1 EA 72 Yearly Inspection for Yale Forklift, Electric, Pursuant to Section 3.0, Specifications/Scope of Work 1 EA Tau of �Tittmi ANNIE PEREZ, CPPO ARTHUR NORIEGA V Director of Procurement Clty Manager ADDENDUM NO. 1 IFB 1556387 September 13, 2022 Invitation for Bid ("IFB") Forklift and Other Hydraulic Lifts Maintenance and Repairs 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. Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein, reflect same on the documents you have on hand. The IFB's closing date and time has been changed to Wednesday, September 28, 2022, at 3:00 P.M. ALL OTHER TERMS AND CONDITIONS OF THE IFB REMAIN THE SAME. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE IFB AND SHALL BE MADE A PART THEREOF. Annie Perez, CPPO Director/Chief Procurement Officer Procurement Department AP:ts c. Jennifer Ramirez, Director, General Services Administration Jacqueline Lorenzo, Interim Director, Real Estate and Asset Management Joseph F. Zahralban, Chief, Fire -Rescue Pablo Velez, Senior Assistant City Attorney Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director of Procurement This Addendum shall be signed by an authorized representative and dated by the Bidder and submitted as proof of receipt with the submission of the Bid. NAME OF FIRM: ---\66‘02G Etidu `(9Oc(&w-- • DATE: Oc - 21- 2 oilL SIGNATURE: 1 Titg of Aianti ANNIE PEREZ, CPPO ARTHUR NORIEGA V Director of Procurement City Manager 0-0 ADDENDUM NO. 2 IFB 1556387 September 15, 2022 Invitation for Bid ("IFB") Forklift and Other Hydraulic Lifts Maintenance and Repairs 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. Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein, reflect same on the documents you have on hand. A. Attachment titled "City of Miami Local Office Certification" has been deleted in its entirety and is hereby replaced with "City of Miami Local Office Certification Revised" and can be found in the Documents Section of BidSync. B. Attachment titled "Reference Sheet" has been deleted in its entirety and is hereby replaced with "Revised Reference Sheet" and can be found in the Documents Section of BidSync. C. The requirements listed in Section 2.13 Insurance Requirements have been deleted in their entirety and are hereby replaced with the following language: Commercial/Garage General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence General Aggregate Limit Products/Completed Operations Personal and Advertising Injury B. Endorsement Required City of Miami listed as an additional insured Contingent and Contractual Exposures Primary Insurance Clause Endorsement Premises and Operations Liability 1 $1,000,000 $2,000,000 $1,000,000 $1,000,000 Note: In lieu of Umbrella Liability, the City will accept the following; Bodily Injury and Property Damage Liability Each Occurrence $2,000,000 General Aggregate Limit $3,000,000 Products and Completed Operations $3,000,000 Personal and Advertising Injury $2,000,000 Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Scheduled Autos Including Hired, Borrowed or Non -Owned Autos Any One Accident B. Endorsements Required City of Miami included as an Additional Insured Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of subrogation Employer's Liability $1,000,000 A. Limits of Liability $100,000 for bodily injury caused by an accident, each accident $100,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease policy limit Garage Keepers Legal Liability (If Applicable) A. Limits of Liability $100,000 City of Miami listed as an additional insured Note: Garage Keeper's Liability is required at any time during the term when equipment is off City of Miami property. Umbrella Liability Each Occurrence Policy Aggregate $1,000,000 $1,000,000 City of Miami listed as an additional insured Coverage is excess over the general liability and auto policies Note: In lieu of Umbrella Liability, please refer to Notes under Commercial/Garage General Liability above for requirements. 2 D. Section 2.52, Public Entity Crimes, has been added to the Special Conditions Section of the IFB: To be eligible for award of a contract, firms wishing to do business with the City must comply with Section 287.133(2)(a) of the Florida Statutes, which provides that 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 Proposal on a contract to provide any goods or services to a public entity, may not submit a Proposal on a contract with a public entity for the construction repair of a public building or public work, may not submit Proposals 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 a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO, as defined by Section 287.017(2) of the Florida Statutes, for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. E. The following is the City's response to questions received from prospective Bidders: Q1. Is the Bidder required to fill out Tab #1 in the Reference Sheet? Al. No. Please refer to the "Revised Reference Sheet" found in the Documents Section of BidSync. Q2. If the Bidder's firm is not located within the corporate limits of the City of Miami, is the Bidder required to fill out the City of Miami Local Office Certification Form? A2. No. If the Bidder's firm is not located within the corporate limits of the City, the Bidder is not required to fill out the City of Miami Local Officer Certification Form. Q3. Is Garage Keeper's Liability required when equipment is being repaired at the City of Miami facility or only when the equipment is being removed from the City of Miami property and taken to the vendor's repair facility? A3. Garage Keeper's Liability is required at any time, during the term of the contract, that equipment is removed from City of Miami property. ALL OTHER TERMS AND CONDITIONS OF THE IFB REMAIN THE SAME. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE IFB AND SHALL BE MADE A PART THEREOF. Annie Perez, CPPO Director/Chief Procurement Officer Procurement Department AP:ts c. Jennifer Ramirez, Director, General Services Administration Jacqueline Lorenzo, Interim Director, Real Estate and Asset Management Joseph F. Zahralban, Chief, Fire -Rescue Pablo Velez, Senior Assistant City Attorney Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director of Procurement 3 This Addendum shall be signed by an authorized representative and dated by the Bidder and submitted as proof of receipt with the submission of the Bid. NAME OF FIRM: S06bQ-6 ev - W �' SIGNATURE: 4 DATE: O - 2l - LO U— Local Business Tax Receipt Miami —Dade County, State of Florida -THIS IS NOT A BILL - DO NOT PAY 6438048 BUSINESS NAME/LOCATION JOBBERS EQUIPMENT WAREHOUSE INC 5440 NW 78TH AVE DORAL, FL 33166-4118 CI OWNER SEC. TYPE OF BUSINESS JOBBERS EQUIPMENT WAREHOUSE 196 GENERAL MECHANICAL INC CONTRACTOR RECEIPT NO. RENEWAL 6706437 LBT EXPIRES SEPTEMBER 30, 2023 Must be displayed at place of business Pursuant to County Code Chapter 8A - Art. 9 & 10 Worker(s) MIAMI-D ADE) 10 CMC052392 PAYMENT RECEIVED BY TAX COLLECTOR 45.00 09/09/2022 INT-22-409856 This Local Business Tax Receipt only confirms payment of the Local Business Tax. The Receipt is not a license, permit, or a certification of the holder's qualifications, to do business. Holder must comply with any governmental or nongovernmental regulatory laws and requirements which apply to the business. The RECEIPT NO. above must be displayed on all commercial vehicles - Miami -Dade Code Sec 8a-276. For more information, visit www.miamidade.gov/taxcollector Local Business Tax Receipt Miami —Dade County, State of Florida —THIS IS NOT A BILL — DO NOT PAY 4595196 BUSINESS NAME/LOCATION JOBBERS EQUIPMENT WAREHOUSE INC 5440 NW 78TH AVE DORAL, FL 33166-4118 ❑� OWNER SEC. TYPE OF BUSINESS JOBBERS EQUIPMENT WAREHOUSE 196 INC RECEIPT NO. RENEWAL 2273282 Worker(s) MI®MADE LBT EXPIRES SEPTEMBER 30, 2023 Must be displayed at place of business Pursuant to County Code Chapter 8A — Art. 9 & 10 SPEC MECHANICAL CONTRACTOR 10 PCC048371 PAYMENT RECEIVED BY TAX COLLECTOR 45.00 09/09/2022 INT-22-409856 This Local Business Tax Receipt only confirms payment of the Local Business Tax. The Receipt is not a license, permit, or a certification of the holder's qualifications, to do business. Holder must comply with any governmental or nongovemmental regulatory laws and requirements which apply to the business. The RECEIPT NO. above must be displayed on all commercial vehicles — Miami —Dade Code Sec 8a-276. For more information, visit www.miamidade.g_ovhaxcollector Local Business Tax Receipt Miami -Dade County, State of Florida —THIS IS NOT A BILL — DO NOT PAY 98806 BUSINESS NAME/LOCATION JOBBERS EQUIPMENT WAREHOUSE INC 5440 NW 78TH AVE DORAL, FL 33166-4118 RECEIPT NO. RENEWAL 98806 OWNER SEC. TYPE OF BUSINESS JOBBERS EQUIPMENT WAREHOUSE 220 INC Employee(s) MI®MAD LBT EXPIRES SEPTEMBER 30, 2023 Must be displayed at place of business Pursuant to County Code Chapter 8A — Art. 9 & 10 PAYMENT RECEIVED BY TAX COLLECTOR 45.00 09/09/2022 1 INT-22-409856 This Local Business Tax Receipt only confirms payment of the Local Business Tax. The Receipt is not a license, permit, or a certification of the holder's qualifications, to do business. Holder must comply with any governmental or nongovernmental regulatory laws and requirements which apply to the business. The RECEIPT NO. above must be displayed on all commercial vehicles — Miami —Dade Code Sec 8a-276. For more information, visit www.miamidade.gov/taxcollector TANGIBLE PERSONAL PROP DLR Ron DeSantis, Governor STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Melanie S. Griffin, Secretary d CONSTRUCTION INDUSTRY LICENSING BOARD THE MECHANICAL CONTRACTOR HEREIN IS CERTIFIED UNDER THE PROVISIONS OF CHAPTER 489, FLORIDA STATUTES AHEARN, RONALD MATHEW JOBBERS EQUIP WAREHOUSE INC 7 5440 NW 78 AVE MIAMI FL 33166-4118 ?:`°ar fir. f�^tl>sati q�n, LICENSE NUMBER: CMC052392 EXPIRATION DATE: AUGUST 31, 2024 Always verify licenses online at MyFloridaLicense.com Do not alter this document in any form. This is your license. It is unlawful for anyone other than the licensee to use this document. Reference Section IFB 1556387, Forklifts and Other Hydraulic Lifts Maintenance and Repairs Past Performance Reference Check #1 Company/Organization Name: Broward County Mass Transit Division Address: 3201 West Copans Road Pompano FI 33069 Contact Person: Bob Caminiti Contact Phone Number: 954-357-8436 Contact E-mail (if applicable): rcaminiti@broward.org Date of Contract or Sale: 2019 to present Past Performance Reference Check #2 Company/Organization Name: Miami Dade County Public Schools/Vehicle Division Address: 11601 SW 160th St Miami FI 33157 Contact Person: Phillis Sanso Contact Phone Number: 305-278-5093 Contact E-mail (if applicable): psanso@dadeschools.net Date of Contract or Sale: 2005 to present Past Performance Reference Check #3 Company/Organization Name: Florida Department of Transportation/South Dade Address: 14655 SW 122 Ave Miami FI 33186 Contact Person: Wendy Gaynair Contact Phone Number: 305-640-7252 Contact E-mail (if applicable): Wendy.Gaynair@dot.state.fl.us Date of Contract or Sale: 2004 to present Past Performance Reference Check #4 Company/Organization Name: City of Coral Gables/Public Works/Automotive Division Address: 2800 SW 72nd Ave Miami FI 33155 Contact Person: John Pacheco Contact Phone Number: 305-460-5141 Contact E-mail (if applicable): jpacheco@coralgables.com Date of Contract or Sale: 2020 to present Past Performance Reference Check #5 Company/Organization Name: Broward County Fleet Services Division/Fleet#2 Address: 2515 SW 4th Ave Fort Lauderdale FI 33315 Contact Person: Susan Rinaldi Contact Phone Number: 954-357-6499 Contact E-mail (if applicable): srinaldi@broward.org Date of Contract or Sale: 2019 to present LIP Certified Lifts 0 Jobbers' Equipment Warehouse, Inc. 5440 NW 78th Ave. Miami, FL 33166 Phone: 305-592-8730 Fax: 305-592-5571 Website, rvww. jobbersmiami.com Inspector # 1634 Certification Date 5122/2U14 Litt Inspeotion Buying a Lift waf -9u15. vw -; s Medley 191 Sky 2cre DCr21 Darin Meador. Park DOrSI N•,441.4 St - .VW 3Fr'•Y Directory of ALI Certified Lift Inspec-ion Providers 5earct, ftesufis: May 3, 2022- Services verined to the prcr i ions of 0151/ALI .ALDIM (Current Edition} Using a Lift Miami Springs Miami Intematianal Airport Health & Safety E2105' Gladeview Scholarship Prowilm About ALI ALI Store North Bay Morning icle Vile�e Park Insiilute of Conromporary 9 Ari. Mia-rr ALti FAT'AFI 9 WYNWOQ7 rn 1 ' Miami Beach n Go back i Miami 13taclh-05I1Cfiih a. Keybeard arneLwm Map data 0202Z Goagle Tampaofi:he Report array) error OMER USA Inc. - 3404 Oakcliff rd Ste #C4-C6 Doraville, GA 30340 - United States — www.omerinc.com WW OMER TO: whom it may concern At CITY OF MIAMI Atlanta, May 3rd 2022 OMER USA Inc. certify that Jobbers Equipment Warehouse, having business located in 5440 NW 78 Avenue, Miami, FL 33166, is an OMER Distributor, factory trained service centre and an authorized installer for "OMER lifts". Training, covering HD lifts portfolio, has been successfully completed and it was fulfilling all technical scenarios with OMER lifts. Thank you Carlo Gfall OMER USA Inc. Ph. 1 (470) 529-8881 c.gfall@omerlift.com Ron DeSantis, Governor STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Melanie S. Griffin, Secretary Florida CONSTRUCTION INDUSTRY LICENSING BOARD THE POLLUTANT STORAGE SYSTEMS CONTRACTOR HEREIN IS CERTIFIED UNDER THE PROVISIONS OF CHAPTER 489, FLORIDA STATUTES AHEARN, RONALD MATHEW JOBBERS EQUIPMENT WAREHOUSE IN 5440 NW 78TH AVE MIAMI FL 33166-4118 LICENSE NUMBER: PCC048371 EXPIRATION DATE: AUGUST 31, 2024 Always verify licenses online at MyFloridaLicense.com Do not alter this document in any form. This is your license. It is unlawful for anyone other than the licensee to use this document. VSG VICE GROUP May 2, 2022 To whom it may concern, 1ar THIEF 1J �.MN TECHNOLOGY Direct -Lift ryt1 VEHICLE SERVICE GROUP 12700 Lanier Drive I Madison, Indiana 47250 www.vsgdover.com 1800.640.5438 Jobbers Equipment has been a Rotary Lift distributor since April 26th, 1985. Through these 37 years, of selling, and installing our equipment, Jobbers has sent several people to our Rotary Authorized Installer (RAI) to educate them on how to properly do installs. Jobbers is a Stocking distributor of Light Duty lifts and keeps inventory of parts to fix these lifts. If you have any questions, please feel free to Contact me. Sincerely, Ron Harmon Southeast, South Atlantic and Caribbean Regional Sales Manager 2700 Lanier Drive Madison, IN 47250 812-292-0311 rharmon@rotarvlift.com City of Miami Invitation for Bid (IFB) Procurement Department Miami Riverside Center 444 SW 2nd Avenue, 6th Floor Miami, Florida 33130 Web Site Address: www.miamigov.com/procurement IFB Number: Title: Issue Date/Time: IFB Closing Date/Time: Pre-Bid/Pre-Proposal Conference: Pre-Bid/Pre-Proposal Date/Time: Pre-Bid/Pre-Proposal Location: Deadline for Request for Clarification: Contracting Officer: Contracting Officer E-Mail Address: Contracting Officer Facsimile: 1556387,1 Forklift and Other Hydraulic Lifts Maintenance and Repairs 26-AUG-2022 @ 9:00 A.M. 28-SEP-2022 @ 3.00 P.M. Voluntary 31-AUG-2022 @ 10:00 A.M. Virtual Via Microsoft TEAMS 07- SEP-2022 @ 5:00 P.M. Soto, Teresa TSoto@miamigov.com (305)400-5024 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 DISOUALIFY THIS RESPONSE. Certifications Legal Name of Firm: Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Year Established: Office Location: City of Miami, Miami -Dade County, or Other Federal Employee Identification Number (FEIN): 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, 1/1/21). 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? Does Bidder have any pending lawsuits with or against the City of Miami, any of its agencies and/or instrumentalities? (Yes or No) If Yes, please list. Does Bidder have any record of criminal activities? (Yes or No) If Yes, please list. Has Bidder declared bankruptcy within the past seven (7) years? (Yes or No) If Yes, when? Does Bidder have any prior or pending litigation, either civil or criminal, involving a governmental agency, or which may affect the performance of the services to be rendered herein, in which the Bidder, any of its employees, or subcontractors is or has been involved in within the last five (5) years? (Yes or No) If Yes, please list. Invitation for Bid (IFB) 1556387 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 CONFERENCE 2.3. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION 2.4. TERM OF CONTRACT 2.5. NON -APPROPRIATION OF FUNDS 2.6. METHOD OF AWARD 2.7. CONDITIONS FOR RENEWAL 2.8. BIDDER'S MINIMUM QUALIFICATIONS 2.9. FAILURE TO PERFORM 2.10. REFERENCES 2.11. EMPLOYEES 2.12. LEVEL II BACKGROUND CHECK 2.13. INSURANCE REQUIREMENTS 2.14. LOCAL OFFICE PREFERENCE 2.15. PERFORMANCE 2.16. CURES 2.17. SUBMISSION AND RECEIPT OF BIDS 2.18. CITY OF MIAMI LIVING WAGE ORDINANCE 2.19. EQUITABLE ADJUSTMENT 2.20. TIE BIDS 2.21. NO SUBSTITUTION 2.22. PROJECT MANAGER 2.23. DELIVERY OF PARTS AND/OR SERVICES 2.24. PARTS AT PASS -THROUGH COST 2.25. HOURLY REPAIR RATE 2.26. MONTHLY MAINTENANCE/YEARLY INSPECTION AGREEMENT 2.27. WORKMANSHIP AND MATERIALS 2.28. DISCONTINUATION OF EQUIPMENT 2.29. QUALITY OF WORK 2.30. LABOR, SUPERVISION, AND EQUIPMENT 2.31. PERSONNEL 2.32. WARRANTY 2.33. PRIMARY CLIENT (FIRST PRIORITY) 2.34. EMERGENCY SERVICE/CONTACT 2.35. DELAYS 2.36. FORCE MAJEURE 2.37. USE OF PREMISES 2.38. CITY OCCUPANCY 2.39. DAMAGES TO PUBLIC/PRIVATE PROPERTY 2.40. SAFETY MEASURES Invitation for Bid (IFB) 1556387 2.41. PUBLIC SAFETY 2.42. FINAL CLEAN-UP 2.43. COMPLETED WORK 2.44. ACCEPTANCE OF WORK 2.45. DOCUMENTATION 2.46. INVOICING 2.47. METHOD OF PAYMENT 2.48. ADDITION/DELETION OF FACILITIES/PRODUCTS/BRANDS/MODELS/ITEMS/SERVICES/SUPPLIERS 2.49. LIQUIDATED DAMAGES 2.50. TERMINATION 2.51. ADDITIONAL TERMS AND CONDITIONS 2.52. PUBLIC ENTITY CRIMES 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK Invitation for Bid (IFB) 1556387 • PLEASE REFER TO ATTACHMENT B — BID PRICE SHEET FOR THE LINE ITEMS OF THIS IFB IN THE DOCUMENT SECTION OF BIDSYNC • FAILURE TO COMPLETE, SIGN AND UPLOAD THE CERTIFICATION STATEMENT AND CERTIFICATION SECTION WILL RENDER YOUR BID NON -RESPONSIVE • ALL UPLOADS SHALL BE IN THE PDF FILE FORMAT, NO OTHER FILE FORMATS WILL BE ACCEPTED BY THE CITY • ATTACHMENT FILES SHALL BE NO MORE THAN 500MB IN SIZE EACH, SHOULD THERE BE A NEED FOR A LARGER SIZE FILE TO BE UPLOADED, SPLIT IN MULTIPLE FILES • FOR BIDSYNC TECHNICAL DIFFICULTIES AND/OR ISSUES, PLEASE CONTACT VENDOR SUPPORT TOLL -FREE NUMBER AT 800-990-9339, SUPPORT.BIDSYNC.COM, OR VIA EMAIL AT SUPPORT@BIDSYNC.COM Terms and Conditions 1. General Conditions Invitation for Bid (IFB) 1556387 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 attached in the Documents Section of BidSync. Invitation for Bid (IFB) 1556387 1.5. ALTERNATE RESPONSES -Alternate responses will not be considered, unless specifically requested by the City. 1.6. ASSIGNMENT - Successful Bidder/Contractor agrees not to subcontract, assign, transfer, convey, sublet, pledge, encumber, or otherwise dispose of the resulting Contract, in whole or in part, or any or all of its rights, title or interest herein, without the City's prior written consent. 1.7. ATTORNEY'S FEES - In connection with any litigation, appellate, administrative, mediation, and/or arbitration arising out of the resulting Contract, each party shall bear their own attorney's fees through and including, appellate litigation and any post judgment proceedings. 1.8. AUDIT RIGHTS AND RECORDS RETENTION -The Successful Bidder/Contractor agrees to provide access at all reasonable times to the City, or to any of its duly authorized representatives, to any books, documents, papers, and records of Successful Bidder/Contractor which are directly pertinent to this Formal Solicitation, for the purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder/Contractor shall maintain and retain any and all of the books, documents, papers, and records pertinent to the resulting Contract for three (3) years after the City makes final payment and all other pending matters are closed. Successful Bidder's/Contractor's failure to, or refusal to comply with this condition, shall result in the immediate cancellation of this Contract by the City. The Audit Rights set forth in Section 18-102 of the City Code apply as supplemental terms and are deemed as being incorporated by reference herein. 1.9. AVAILABILITY OF CONTRACT STATE-WIDE - Any governmental, not -for -profit, or quasi - governmental entity in the State of Florida, may avail itself of this Contract and purchase any, and all goods/services, specified herein from the Successful Bidder/Contractor at the Contract price(s) established herein, when permissible by Federal, State, and local laws, rules, and regulations. Additionally, any governmental entity outside of the State of Florida but, within the Continental United States of America, may avail itself to this Contract and purchase any and all goods/services, specified herein from the Successful Bidder/Contractor at the Contract price(s) established herein, when permissible by Federal, State, and local laws, rules, and regulations. Each governmental, not -for -profit, or quasi -governmental entity which uses this Formal Solicitation and resulting Contract will establish its own Contract, place its own orders, issue its own purchase orders, be invoiced there from, and make its own payments, determine shipping terms, and issue its own exemption certificates as required by the Successful Bidder/Contractor. 1.10. AWARD OF CONTRACT - A. The Formal Solicitation, any addenda issued, the Bidder's response, and the Purchase Order shall constitute the entire Contract, unless modified in accordance with any ensuing Contract, or amendment. B. The award of a Contract, where there are Tie Bids, the tie breaker will be decided by the Director of 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. Invitation for Bid (IFB) 1556387 C. The award of this Contract may be preconditioned on the subsequent submission of other documents as specified in the Special Conditions or Specifications/Scope of Work. Bidder may be found non- responsive if such documents are not submitted in a timely manner and in the form required by the City. Where Bidder is found non -responsive, the City, through action taken by the Department of Procurement, will void its acceptance of the Bidder's Response and may accept the Response from the next lowest responsive, responsible Bidder most advantageous to the City or may re -solicit for the goods/services. The City, at its sole discretion, may seek monetary restitution from Bidder and/or its bid bond or guaranty, and/or similar security, if applicable, as a result of damages or increased costs sustained as a result of the Bidder's failure to satisfy the City's requirements. D. The term of the Contract shall be specified in one of three documents which shall be issued to the Successful Bidder. These documents may either be, a Purchase Order, Notice of Award, and/or Contract Award Sheet. E. The City reserves the right to automatically extend this Contract for up to one hundred eighty (180) calendar days beyond the stated Contract term, in order to provide City departments with continual service and supplies while a new Contract is being solicited, evaluated, and/or awarded. If the right to extend is exercised, the City shall n o ti fy the Successful Bidder/Contractor, in writing, of its intent to extend the Contract in accordance with the existing terms and conditions for a specified number of days. Additional extensions beyond the first one hundred eighty (180) day extension may occur, if, the City and the Successful Bidder/Contractor are in mutual agreement of such extensions. F. Where the Contract involves a single shipment of goods to the City, the Contract term shall conclude upon completion of the expressed or implied warranty periods. G. The City reserves the right to award the Contract on a split -order, lump sum, individual -item basis, or such method of award in the best interest of the City, unless otherwise specified. H. A Contract may be awarded to the Successful Bidder/Contractor by the City Commission based upon the minimum qualification requirements reflected herein. 1.11. BID BOND/ BID SECURITY - A cashier's or certified check issued by a bank authorized to transact banking business in Florida, or a Bid Bond/Bid Security signed by a surety company that is licensed to do business in the State of Florida, payable to the City of Miami, for the amount as specified in the bid, is required from all Bidders, if so indicated under the Special Conditions. This check or bond guarantees that a Bidder will accept the Contract, as bid, if it is awarded to Bidder. Bidder shall forfeit bid deposit to the City, should City award Contract to Bidder and Bidder fails to accept the award. The City reserves the right to reject any and all surety tendered to the City. Bid deposits are returned to unsuccessful Bidders within ten (10) days after the award and Successful Bidder's acceptance of award. If one hundred eighty (180) days have passed after the date of the Formal Solicitation closing date, and no Contract has been awarded, all bid deposits will be returned on demand. Invitation for Bid (IFB) 1556387 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 (HARDCOPY FORMAT) - All required forms in the Formal Solicitation should be completed, signed, and submitted accordingly through the BidSync Electronic Portal. 1.14. BRAND NAMES - If, and wherever in the specifications, brand names, makes, models, names of any manufacturers, trade names, or Bidder catalog numbers are specified, it is for the purpose of establishing the type, function, minimum standard of design, efficiency, grade, or quality of goods only. When the City does not desire to rule out other competitors' brands or makes, the phrase "APPROVED EQUAL" is added. Unless otherwise specified, any manufacturers' names, trade names, brand names, information or catalog numbers listed in a specification are descriptive, not restrictive, or exclusive. The Bidder shall provide any equipment that meets or exceeds the applicable specifications, including without limitation the following: Equal in every important attribute, to include industry quality measurable standard, quality of product, accessibility of distribution, durability/reliability/dependability and warranty coverage, and the delivery schedule. When bidding an "APPROVED EQUAL", Bidders shall submit, with their response, complete sets of necessary data (e.g., factory information sheets, specifications, brochures, etc.) in order for the City to evaluate and determine the equality of the item(s) bid. The Bidder shall demonstrate comparability, including appropriate catalog materials, literature, specifications, test data, etc. The City shall be the sole judge of equality and its decision shall be final. The City shall determine in its sole discretion, subject to the concurrence of the Project Manager whether goods are acceptable as an equivalent. Unless otherwise specified, evidence in the form of samples may be requested, if the proposed brand is other than specified by the City. Such samples are to be furnished after Formal Solicitation opening/closing, upon request of the City. If samples are requested by the City, such samples must be received by the City no later than seven (7) calendar days after a formal request is made. When "NO SUBSTITUTION" is used in conjunction with a manufacturer's name, brand name, and/or model number, that named item is the only item that will be accepted by the City in that particular instance. 1.15. CANCELLATION -The City reserves the right to cancel this Formal Solicitation before its opening/closing. In the event of cancellation, the Director of Procurement shall notify all prospective Bidders and provide a written explanation for the cancellation. There shall be no recourse against the City for a cancellation made in accordance with this Section. Invitation for Bid (IFB) 1556387 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. 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. Invitation for Bid (IFB) 1556387 IL National Forest Products Association (NFPA), as applicable to this Formal Solicitation. L City Procurement Ordinance, City Code Section 18, Article III. J. Conflict of Interest, City Code Section 2-611;61. K Cone of Silence, City Code Section 18-74. L The Florida Statutes Sections 218.70 to 218.79, the Prompt Payment Act. Lack of knowledge by the Successful Bidder/Contractor will in no way be a cause for relief from responsibility. Non-compliance with all applicable local, State, and Federal directives, orders, codes, rules, regulations, and laws may be considered grounds for termination of Contract at the option of the City Manager. Copies of the City Ordinances may be obtained from the City Clerk's Office. 1.20. CONE OF SILENCE - Pursuant to Section 18-74 of the City of Miami Code, a "Cone of Silence" is imposed upon each Formal Solicitation once advertised and terminates at the time the City Manager issues a written recommendation to the Miami City Commission. The Cone of Silence shall be applicable only to Formal Solicitations for the provision of goods and services for amounts greater than $200,000. The Cone of Silence prohibits any communication regarding Formal Solicitations between, among others: Potential vendors, service providers, bidders, lobbyists or consultants and the City's professional staff including, but not limited to, the City Manager and the City Manager's staff; the Mayor, City Commissioners, or their respective staffs. The provision does not apply to, among other communications: oral communications with the City Procurement staff, provided the communication is limited strictly to matters of process or procedure already contained in the Formal Solicitation document; the provisions of the Cone of Silence do not apply to oral communications at duly noticed site visits/inspections, pre -bid conferences, or public presentations made to the Miami City Commission during a duly noticed public meeting; or communications in writing or by email at any time with any City employee, official or member of the City Commission unless specifically prohibited by the applicable Formal Solicitation documents; or communications in connection with the collection of industry comments or the performance of market research regarding a particular Formal Solicitation by City Procurement staff. Bidders must file a copy of any written communications with the Office of the City Clerk, which shall be made available to any person upon request. The City shall respond in writing and file a copy with the City Clerk's Office, which shall be made available to any person upon request. Written communications may be in the form of an e-mail, or fax with a copy to the City Clerk's Office being required. In addition to any other penalties provided by law, violation of the Cone of Silence by any Bidder shall render any award voidable. A violation by a particular Bidder, lobbyist or consultant shall subject same to potential penalties pursuant to the City Code. Any person having personal knowledge of a violation of these provisions shall report such violation to the State Attorney and/or may file a complaint with the Miami Dade County Commission on Ethics. Invitation for Bid (IFB) 1556387 This language is only a summary of the key provisions of the Cone of Silence. Please review City of Miami Code Section 18-74 for a complete and thorough description of the Cone of Silence. You may contact the City Clerk's Office at 305-250-5360 or clerks@miamigov.com, to obtain a copy of same. 1.21. CONFIDENTIALITY - As a political subdivision, the City of Miami is subject to the Florida Government in the Sunshine (public Meetings) Act and Public Records Act. If this Contract contains a confidentiality provision, it shall have no application when disclosure is required by Florida law or upon court order. 1.22. CONFLICT OF INTEREST - Bidders, by responding to this Formal Solicitation, certify that to the best of their knowledge or belief, no elected/appointed official or employee of the City of Miami is financially interested, directly or indirectly, in the purchase of goods/services specified in this Formal Solicitation. Any such interests on the part of the Bidder or its employees must be disclosed in writing to the City. Further, Bidder shall disclose the name of any City employee who owns, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in Bidder's firm. A. Bidder further agrees not to use or attempt to use any knowledge, property, or resource which may be within his/her trust, or perform his/her duties, to secure a special privilege, benefit, or exemption for himself/herself, or others. Bidder may not disclose or use information not available to members of the general public and gained by reason of his/her position, except for information relating exclusively to governmental practices, for his/her personal, or benefit, or for the personal gain, or benefit of any other person, or business entity. B. Bidder hereby acknowledges that he/she has not contracted or transacted any business with the City or any person, or agency acting for the City, and has not appeared in representation of any third party before any board, Commission, or agency of the City within the past two years. Bidder further warrants that he/she is not related, specifically the spouse, son, daughter, parent, brother, or sister, to: (i) any member of the Commission; (ii) the Mayor; (iii) any City employee; or (iv) any member of any board or agency of the City. C. A violation of this section may subject the Bidder to immediate termination of any contract with the City, and imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by and subject to action by the Miami -Dade County Commission on Ethics. 1.23. COPYRIGHT OR PATENT RIGHTS - Bidders warrant that there has been no violation of copyright or patent rights in manufacturing, producing, or selling the goods shipped or ordered and/or services provided as a result of this Formal Solicitation, and Bidders agree to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 1.24. COST INCURRED BY BIDDER - All expenses involved with the preparation and submission of Bids to the City, or any work performed in connection therewith shall be borne by the Bidder. 1.25. DEBARMENT AND SUSPENSIONS (SECTION 18-107) - A. Authority and requirement to debar/suspend. After reasonable notice to an actual or prospective Contractual Party, and after reasonable opportunity for such party to be heard, the City Manager, after Invitation for Bid (IFB) 1556387 consultation with the Chief Procurement Officer and the City Attorney, shall have the authority to debar a Contractual Party, for the causes listed below, from consideration for award of City Contracts. The debarment shall be for a period of not fewer than three (3) years. The City Manager shall also have the authority to suspend a Contractual Party from consideration for award of City Contracts if there is probable cause for debarment, pending the debarment determination. The authority to debar/suspend contractors shall be exercised in accordance with regulations which shall be issued by the Chief Procurement Officer after approval by the City Manager, the City Attorney, and the City Commission. B. Causes for debarment/suspension. Causes for debarment or suspension include the following: 1) Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a public or private Contract or subcontract, or incident to the performance of such Contract or subcontract. 2) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification, or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty. 3) Conviction under state or federal antitrust statutes arising out of the submission of Bids or Proposals. 4) Violation of Contract provisions, which is regarded by the Chief Procurement Officer to be indicative of non -responsibility. Such violation may include failure without good cause to perform in accordance with the terms and conditions of a Contract or to perform within the time limits provided in a Contract, provided that failure to perform caused by acts beyond the control of a party shall not be considered a basis for debarment/suspension. 5) Debarment/suspension of the Contractual Party by any federal, state, or other governmental entity. 6) False certification pursuant to paragraph C below. 7) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which the violation remains noncompliant. 8) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which a civil penalty or fine is due and owing to the city. 9) Any other cause judged by the City Manager to be so serious and compelling as to affect the responsibility of the Contractual Party performing city Contracts. C. Certification. All Contracts for goods and services, sales, and leases by the city shall contain a certification that neither the Contractual Party nor any of its principal owners or personnel have been convicted of any of the violations set forth above or debarred or suspended as set forth in paragraph (b)(5). Invitation for Bid (IFB) 1556387 D. Debarment and suspension decisions. Subject to the provisions of paragraph (a), the City Manager shall render a written decision stating the reasons for the debarment or suspension. A copy of the decision shall be provided promptly to the Contractual Party, along with a notice of said party's right to seek judicial relief. 1.26. DEBARRED/SUSPENDED VENDORS - An entity or affiliate who has been placed on the State of Florida debarred or suspended vendor list may not submit a Response for a solicitation to provide goods or services to a public entity; may not submit a Response to a solicitation with a public entity for the construction or repair of a public building or public work; may not submit response on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. 1.27. DEFAULT/FAILURE TO PERFORM -The City shall be the sole judge of nonperformance, which shall include any failure on the part of the Successful Bidder/Contractor to accept the award, to furnish required documents, and/or to fulfill any portion of this Contract within the time stipulated. Upon default by the Successful Bidder/Contractor to meet any terms of a Contract, the City will notify the Successful Bidder/Contractor of the default and will provide the Successful Bidder/Contractor three (3) days (weekends and holidays excluded) upon notification, by the City, to remedy the default. Failure by the Successful Bidder/Contractor to correct the default within the required three (3) days, shall result in the Contract being terminated upon the City notifying in writing the Successful Bidder/Contractor of its intentions and the effective date of the termination. The following shall constitute default: A. Failure to perform the work or deliver the goods/services required under the Contract, and/or within the time required, or failing to use the subcontractors, entities, and personnel as identified and set forth, and to the degree specified in the Contract. B. Failure to begin the work under this Contract within the time specified. C. Failure to perform the work with sufficient workers and equipment, or with sufficient materials to ensure timely completion. D. Neglecting or refusing to remove materials or perform new work where prior work has been rejected as nonconforming with the terms of the Contract. E. Becoming insolvent, being declared bankrupt, or committing any act of bankruptcy or insolvency, or making an assignment for the benefit of creditors, if the insolvency, bankruptcy, or assignment renders the Successful Bidder/Contractor incapable of performing the work in accordance with, and as required by the Contract. F. Failure to comply with any of the terms of the Contract in any material respect. All costs and charges incurred by the City as a result of a default, or a default incurred beyond the time limits stated, together with the cost of completing the work, shall be deducted from any monies due, or which may become due on this Contract to the Successful Bidder/Contractor. Invitation for Bid (IFB) 1556387 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, in making the award. 3) The City may require the Bidder(s) to provide documentation that they have been designated as an authorized representative of a manufacturer or supplier which is the actual source of supply, if required by the Formal Solicitation. 1.29. DISCOUNTS OFFERED DURING TERM OF CONTRACT -Discount prices offered in the Response shall be fixed after the award of a Contract by the Commission, unless otherwise specified in the Special Terms and Conditions. Price discounts, off the original prices quoted in the Response, will be accepted from Successful Bidder/Contractor during the term of the Contract. Such discounts shall remain in effect for a minimum of one hundred and eighty (180) days from approval by the City Commission. Any discounts offered by a manufacturer to Successful Bidder/Contractor will be passed on to the City. 1.30. DISCREPANCIES, ERRORS, AND OMISSIONS -Any discrepancies, errors, or omissions in the Formal Solicitation, or Addenda (as applicable), should be reported in writing to the City's Procurement Depaitment. 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 Invitation for Bid (IFB) 1556387 3) Special Conditions 4) General Terms and Conditions 1.31. EMERGENCY/DISASTER PERFORMANCE -In the event of a natural disaster or other emergency, or disaster situation, the Successful Bidder/Contractor shall provide the City with the commodities/services defined within the scope of this Formal Solicitation at the price contained within Bidder's response. Further, Successful Bidder/Contractor shall deliver/perform for the City on a priority basis during such times of emergency. 1.32. ENTIRE BID CONTRACT -The Bid Contract consists of any amendments to the Bid Contract, the Formal Solicitation, including any addenda, Bidder's Response and any written agreement entered into by the City of Miami and Successful Bidder/Contractor, and represents the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes all other negotiations, understanding, and representations, if any, made by and between the parties. To the extent that the Bid Contract conflicts with, modifies, alters, or changes any of the terms and conditions contained in the Formal Solicitation and/or Bid, the Formal Solicitation, including any addenda, and then the Bid shall control. This Contract may be amended only by a written agreement signed by the City and Successful Bidder/Contractor. 1.33. ESTIMATED QUANTITIES - Estimated quantities or dollars are provided for the Bidder's guidance only: (a) estimates are based on the City's anticipated needs and/or usage during a previous contract period and; (b) the City may use these estimates to determine the low Bidder. Estimated quantities do not contemplate or include possible additional quantities that may be ordered by other government, quasi -government or non-profit entities utilizing this Contract. No guarantee is expressed or implied as to quantities that will be purchased during the Contract period. The City is not obligated to place an order for any given amount subsequent to the award of the Contract. Said estimates may be used by the City for purposes of determining the low Bidder meeting specifications. The City reserves the right to acquire additional quantities at the prices bid or at lower prices in this Formal Solicitation. 1.34. EVALUATION OF RESPONSES - A. Rejection of Bids. The City may reject a Bid for any of the following reasons: 1) Bidder fails to acknowledge receipt of addenda; 2) Bidder misstates or conceals any material fact in the Bid; 3) Bid does not conform to the requirements of the Formal Solicitation; 4) Bid requires a conditional award that conflicts with the method of award; 5) Bid does not include required samples, certificates, licenses; and, 6) Bid was not executed by the Bidder's authorized agent. The foregoing is not an all-inclusive list of reasons for which a Bid may be rejected. The City may reject, and/or re -advertise for all or any portion of the Formal Solicitation, whenever it is deemed in the best interest of the City. Invitation for Bid (IFB) 1556387 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 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. Invitation for Bid (IFB) 1556387 R City of Miami Living Wage Ordinance. The City of Miami adopted a Living Wage Ordinance for City Service Contracts with a total contract value exceeding $100,000 annually, and that have been competitively solicited and awarded on, or after January 1, 2017, by the City. "Service Contract" means a contract to provide services to the City, excluding, however, professional services as defined by the "Consultants Competitive Negotiation Act" set forth in F.S. § 287.055, and Section 18-87 of the City Code, and/or the other exclusions provided by Section 18-557 of the City Code. Section 18-557 is attached as Attachment A. Please see provisions in Attachment A. If a solicitation requires services, effective on January 1, 2017, Contractors must pay to all its employees, who provide services, a living wage of no less than $15.00 per hour without health benefits; or a wage of no less than $13.19 an hour, with health benefits. This language is only a summary of the key provisions of the City of Miami Living Wage Ordinance. Please review Attachment A, attached hereto, for a complete and thorough description of the City of Miami Living Wage Ordinance. 1.39. GOVERNING LAW AND VENUE - The validity and effect of any Bid Contract as a result of this Formal Solicitation shall be governed by the laws of the State of Florida. The parties agree that any action, mediation, or arbitration arising out of the Bid Contract shall take place in Miami -Dade County, Florida. In any action or proceeding each party shall bear their own respective attorney's fees. 1.40. HEADINGS AND TERMS - The headings to the various paragraphs of the Bid Contract have been inserted for convenient reference only and shall not in any manner be construed as modifying, amending, or affecting in any way, the expressed terms, and conditions hereof. 1.41. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) - Any person, firm, or entity that performs or assists the City of Miami with a function or activity involving the use or disclosure of "individually identifiable health information (IIHI), and/or Protected Health Information (PHI), shall comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996, and the City of Miami Privacy Standards. HIPAA mandates for privacy, security, and electronic transfer standards, which include, but are not limited to: A. Use of information only for performing services required by the contract or as required by law; B. Use of appropriate safeguards to prevent non -permitted disclosures; C. Reporting to the City of Miami of any non -permitted use or disclosure; D. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the Bidder and reasonable assurances that IIHI/PHI will be held confidential; E. Making PHI available to the customer; F. Making PHI available to the customer for review and amendment; and incorporating any amendments requested by the customer; Invitation for Bid (IFB) 1556387 G. Making PHI available to the City of Miami for an accounting of disclosures; and H. Making internal practices, books and records related to PHI available to the City of Miami for compliance audits. PHI shall maintain its protected status regardless of the form and method of transmission (i.e., paper records, and/or electronic transfer of data). The Successful Bidder/Contractor must give its customers written notice of its privacy information practices, including specifically, a description of the types of uses and disclosures that would be made with protected health information. 1.42 INDEMNIFICATION -Successful Bidder/Contractor shall indemnify, hold and save harmless, and defend (at its own cost and expense), the City, its officers, agents, directors, and/or employees, from all liabilities, damages, losses, judgements, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Successful Bidder/Contractor and persons employed or utilized by Successful Bidder/Contractor in the performance of this Contract. The Successful Bidder/Contractor shall further, hold the City, its officials, and employees, indemnify, save, and hold harmless for, and defend (at its own cost), the City its officials and/or employees against any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted Work, even if it is alleged that the City, its officials, and/or employees were negligent. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, the Successful Bidder/Contractor shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The Successful Bidder/Contractor expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the Successful Bidder/Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents, and instrumentalities as herein provided. The indemnification provided above shall obligate the Successful Bidder/Contractor to defend, at its own expense, to and through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against the City, whether performed by the Successful Bidder/Contractor, or persons employed or utilized by the Successful Bidder/Contractor. These duties will survive the cancellation or expiration of the Contract. This Section will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended. Successful Bidder/Contractor shall require all sub-consultant/contractor agreements to include a provision that each sub -contractor will indemnify the City in substantially the same language as this Section. The Successful Bidder/Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Successful Bidder/Contractor in which the City participated either through review or concurrence of the Consultant's actions. In reviewing, approving, or rejecting any submissions by the Successful Bidder/Contractor or other acts of the Successful Bidder/Contractor, the City, in no way, assumes or shares any responsibility or liability of the Successful Bidder/Contractor or sub-consultant/contractor under this Contract. Invitation for Bid (IFB) 1556387 Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by the Successful Bidder/Contractor. 1.43. FORMATION AND DESCRIPTIVE LITERATURE - Bidders must furnish all information requested in the spaces provided in the Formal Solicitation. Further, as may be specified elsewhere, each Bidder must submit for evaluation, cuts, sketches, descriptive literature, technical specifications, and Material Safety Data Sheets (MSDS) as required, covering the products offered. Reference to literature submitted with a previous bid, or on file with the City, will not satisfy this provision. 1.44. INSPECTIONS - The City may, at reasonable times during the term of the Bid Contract, inspect Successful Bidder's/Contractor's facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods and/or services required to be provided by the Successful Bidder/Contractor, under the Bid Contract conform to the terms and conditions of the Formal Solicitation. Successful Bidder/Contractor shall make available to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All tests and inspections shall be subject to, and made in accordance with, the provisions of the City of Miami Ordinance No. 12271 (Section 18-101) City Code, as same may be amended or supplemented, from time to time, which, in conjunction with Section 18-102, providing for audits of City contractors, are applicable and are deemed as being incorporated by reference as supplemental terms. 1.45. INSPECTION OF BID - Bids received by the City, pursuant to a Formal Solicitation, will not be made available until such time as the City provides notice of a decision, or intended decision, or within 30 days after bid closing, whichever is earlier. Bid results will be tabulated and may be furnished upon request, via fax or e-mail, to the City's Procurement Contracting Officer, issuing the Formal Solicitation. Tabulations are also available on the City's website following a recommendation for award. 1.46. INSURANCE - Within ten (10) days after receipt of Notice of Award, the Successful Bidder/Contractor, shall furnish the evidence of insurance to the Procurement Department, as applicable. Submitted evidence of insurance shall demonstrate strict compliance with all requirements stipulated in the Special Conditions section titled "Insurance Requirements". The City shall be listed as an "Additional Insured." Issuance of a Purchase Order is contingent upon the receipt of proper insurance documents. If the certificate of insurance is received within the specified time frame but not in the manner prescribed in the Formal Solicitation, the Successful Bidder/Contractor shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the City. If the Successful Bidder/Contractor fails to submit the required insurance documents in the manner prescribed in the Formal Solicitation within fifteen (15) calendar days after receipt of the Notice of Award, the Successful Bidder/Contractor shall be in default of the contractual terms and conditions and will not be awarded the contract. Information regarding any insurance requirements shall be directed to the Risk Management Director, Department of Risk Management, at 444 SW 2nd Avenue, 9th Floor, Miami, Florida 33130, 305-416-1384. The Successful Bidder/Contractor shall be responsible for ensuring that the insurance documents required in conjunction with this Section remain in effect for the duration of the contractual period; including any Invitation for Bid (IFB) 1556387 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 PaymentAct). 1.48. LOCAL PREFERENCE -City Code Section 18-85, states, "when a responsive, responsible non - local Bidder submits the lowest bid price, and the bid submitted by one or more responsive, responsible local Bidders who maintain a local office, as defined in Section 18-73, is within fifteen percent (15%) of the price submitted by the non -local Bidder, then that non -local Bidder and each of the aforementioned responsive, responsible local Bidders shall have the opportunity to submit a best and final bid equal to or lower than the amount of the low bid previously submitted by the non -local Bidder. Contract award shall be made to the lowest responsive, responsible Bidder submitting the lowest best and final bid. In the case of a tie in the best and final bid between a local Bidder and a non -local Bidder, contract award shall be made to the local Bidder." 1.49. MANUFACTURER'S CERTIFICATION - The City reserves the right to request from Bidders a separate Manufacturer's Certification of all statements made in the Bid. Failure to provide such certification may result in the rejection of the Bid, or termination of the Bid Contract, for which the Bidder/Successful Bidder/Contractor shall bear full liability. 1.50. MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS - No Contract or understanding to modify the Formal Solicitation and the resultant Purchase Order(s) or Bid Contract, if applicable, shall be binding upon the City, unless made in writing by the City's Director of Procurement through the issuance of a change order, addendum, amendment, or supplement to the Bid Contract, Purchase Order, or award sheet, as applicable. 1.51. MOST FAVORED NATIONS - Successful Proposer shall not treat the City of Miami ("City") worse than any other similarly situated local government and, in this regard, grants the City a "most favored nations clause" meaning the City will be entitled to receive and be governed by the most favorable terms and conditions that Successful Bidder/Proposer grants now or in the future to a similarly situated local government. 1.52. NO PARTNERSHIP OR JOINT VENTURE - Nothing contained in the Bid Contract will be deemed or construed to create a partnership or joint venture between the City and Successful Bidder/Contractor, or to create any other similar relationship between the parties. 1.53. NONCONFORMANCE TO CONTRACT CONDITIONS - Items may be tested for compliance with specifications under the direction of the Florida Depaitinent 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 stipulationsmay Invitation for Bid (IFB) 1556387 also result in the Successful Bidder/Contractor being removed from the City's supplier's list. 1.54. NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, AND AMERICANS WITH DISABILITIES ACT - Successful Bidder/Contractor shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. Successful Bidder/Contractor shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by City, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, Successful Bidder/Contractor shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Successful Bidder/Contractor affirms that it shall not discriminate as to race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used 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, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used, 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, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used. All persons having appropriate qualifications shall be afforded equal opportunity for employment. 1.55. NON-EXCLUSIVE CONTRACT/ PIGGYBACK PROVISION - At such times as may serve in the City's best interest, the City reserves the right to advertise for, receive, and award additional contracts for the goods and/or services described herein, and to make use of other competitively bid (governmental) contracts, agreements, or other similar sources, for the purchase of the goods and/or services described herein, as may be available in accordance with the applicable provisions of the City of Miami Procurement Ordinance. It is hereby agreed and understood that the Formal Solicitation does not constitute the exclusive rights of the Successful Bidder(s)/Contractor(s) to receive all orders that may be generated by the City, in conjunction with the Formal Solicitation. In addition, any and all goods, and/or services required by the City in conjunction with construction projects are solicited under a distinctly different solicitation process and shall not be purchased under the terms, conditions and awards rendered under the Formal Solicitation, unless such purchases are determined to be in the best interest of the City. 1.56.NOTICE REGARDING "CURES" - Bids submitted with irregularities, deficiencies, and/or technicalities that deviate from the minimum qualifications and submission requirements of Request for Qualifications (RFQ), Request for Proposals (RFP), invitation to bid (ITB), invitation for bids (IFB), Invitation for Bid (IFB) 1556387 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 OUALIFICATIONS AND SUBMISSION REOIJIREMENTS OF THIS IFB SHALL RESULT IN A NON -RESPONSIVE DETERMINATION. The City will not give consideration to the curing of any Bids that fail to meet the minimum qualifications and submission requirements of this IFB. Proposer understands that non -responsive Bids will not be evaluated. 1.57. OCCUPATIONAL LICENSE/BUSINESS TAX RECEIPT - Any person, firm, corporation, or joint venture, with a business location within the City's municipal boundaries and is submitting a Bid under the Formal Solicitation shall meet the City's Business Tax Receipt requirements in accordance with Chapter 31.1, Article I of the City of Miami Charter. Others with a location outside of the City's municipal boundaries shall meet their local Occupational License/Business Tax Receipt requirements. A copy of the Occupational License/Business Tax Receipt must be submitted with the Bid; however, the City may, in its sole discretion, and in its best interest, allow the Bidder to provide the Occupational License/Business Tax Receipt to the City during the evaluation period, but prior to award. A Certificate of Use ("CU") will be required if applicable under City regulations. 1.58. ONE PROPOSAL - Only one (1) Bid from an individual, firm, partnership, corporation, or joint venture will be considered in response to the Formal Solicitation, unless otherwise stipulated in the Formal Solicitation. 1.59. OWNERSHIP OF DOCUMENTS - It is understood by and between the parties, that any documents, records, files, or any other matter whatsoever, which is given by the City to the Successful Bidder/Contractor, pursuant to the Formal Solicitation shall at all times remain the property of the City and shall not be used by the Successful Bidder/Contractor for any other purposes whatsoever, without the written consent of the City. 1.60. PARTIAL INVALIDITY - If any provision of the Bid Contract or the application thereof, to any person or circumstance, shall to any extent be held invalid, then the remainder of the Bid Contract or, the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby, and each provision of the Bid Contract shall be valid and enforced to the fullest extent permitted by law. 1.61. PERFORMANCE/PAYMENT BOND - A Successful Bidder/Contractor may be required to furnish a Performance/Payment Bond as part of the requirements of the Bid Contract, in an amount equal to one hundred percent (100%) of the Bid Contract price. Any bond furnished will comply with Florida Law and be in a form acceptable to the City of Miami Risk Management Director. Invitation for Bid (IFB) 1556387 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 all requested information, sign, and upload the Certification Statement. B. If so required, the unit price for each unit offered, shall be shown, and such price shall include packaging, handling, and shipping, and F.O.B. Miami delivery inside City premises, unless otherwise specified. Bidder shall include in their Bid all taxes, insurance, social security (if applicable), workmen's compensation, and any other benefits normally paid by the Bidder to its employees. If applicable, a unit price shall be entered in the "Unit Price" column for each item. Based upon estimated quantity, an extended price shall be entered in the "Extended Price" column for each item offered. In case of a discrepancy between the unit price and extended price, the unit price will prevail. C. The Bidder must state a definite time, if required, in calendar days, for delivery of goods and/or services. D. The Bidder should retain a copy of all response documents for future reference. E. All Bids, as described, must be fully completed, and typed, or printed in ink and must be signed in ink with the Bidder's name, and by an officer or employee having authority to represent the Bidder by their signature. Bids having any erasures or corrections, must be initialed in ink by person signing the Bid or the Bid may be rejected. F. Bids shall remain valid for at least 180 days. Upon award of a Bid Contract, the content of the Successful Bidder's/Contractor's Bid, may be included as part of the Bid Contract, at the City's discretion. 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. Invitation for Bid (IFB) 1556387 1.66. PROMPT PAYMENT - Bidders may offer a cash discount for prompt payment; however, discounts shall not be considered in determining the lowest net cost for Bid evaluation purposes. Bidders are required to provide their prompt payment terms in the space provided on the Formal Solicitation. If no prompt payment discount is being offered, the Bidder must enter zero (0) for the percentage discount to indicate no discount. If the Bidder fails to enter a percentage, it is understood and agreed that the terms shall be two percent (2%), 20 days, effective after receipt of invoice or final acceptance by the City, whichever is later. When the City is entitled to a cash discount, the period of computation will commence on the date of delivery, or receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is necessary due to damage, the cash discount period shall commence on the date final approval for payment is authorized. If a discount is part of the contract, but the invoice does not reflect the existence of a cash discount, the City is entitled to a cash discount with the period commencing on the date it is determined by the City that a cash discount applies. Price discounts off the original prices quoted on the Price Sheet will be accepted from Successful Bidder(s) during the term of the contract. The City will comply with the Florida Prompt Payment Act, as applicable. 1.67. PROPERTY - Property owned by the City is the responsibility of the City. Such property furnished to a Successful Bidder/Contractor for repair, modification, study, etc., shall remain the property of the City. Damages to such property occurring while in the possession of the Successful Bidder/Contractor shall be the responsibility of the Successful Bidder/Contractor. Damages occurring to such property while in route to the City, shall be the responsibility of the Successful Bidder/Contractor. In the event that such property is destroyed, or declared a total loss, the Successful Bidder/Contractor shall be responsible for the replacement value of the property, at the current market value, less depreciation of the property, if any. 1.68. PROVISIONS BINDING - Except as otherwise expressly provided in the resultant Bid Contract, all covenants, conditions, and provisions of the resultant Bid Contract, shall be binding upon, and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors, and assigns. 1.69. PUBLIC ENTITY CRIMES - A person or affiliate who has been placed on the convicted vendor list, following a conviction for a public entity crime may not: A. Submit a Bid to provide any goods or services to a public entity. B. Submit a Bid on a contract with a public entity for the construction or repair of a public building or public work. C. Submit responses on leases of real property to a public entity. D. Be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity. Invitation for Bid (IFB) 1556387 E. Transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 1.70. PUBLIC RECORDS - Successful Bidder/Contractor understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City contracts, subject to the provisions of Chapter 119, Florida Statutes, and City Code, Section 18, Article III, and agrees to allow access by the City and the public, to all documents subject to disclosure under applicable law. Successful Bidder/Contractor shall additionally comply with the provisions of Section 119.0701, Florida Statutes, titled "Contracts; public records". Successful Bidder/Contractor shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: A. Keep and maintain public records that ordinarily and necessarily would be required by the City to perform this service. B. Provide the public with access to public records on the same terms and conditions as the City would at the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from disclosure are not disclosed except as authorized by law. D. Meet all requirements for retaining public records and transfer, at no cost, to the City all public records in its possession upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from disclosure requirements. E. All electronically stored public records must be provided to the City in a format compatible with the City's information technology systems. IF THE CONSULTANT HAS OITESTIONS 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 (3051 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. Invitation for Bid (IFB) 1556387 1.72. QUALITY OF WORK/SERVICES - The work/services performed shall be of the highest quality and workmanship. Materials furnished to complete the service shall be new and of the highest quality, except as otherwise specified in the Formal Solicitation. 1.73. REMEDIES PRIOR TO AWARD (SECTION 18-106) - If prior to a Bid Contract award, it is determined that a Formal Solicitation or proposed bid award is in violation of law, then the Formal Solicitation or proposed bid award shall be cancelled and all bids rejected by the City Commission, the City Manager, or the Chief Procurement Officer, as may be applicable, or revised to comply with the law. 1.74. RESOLUTION OF CONTRACT DISPUTES (SECTION 18-105): A.Authority to resolve Contract disputes. The City Manager, after obtaining the approval of the City Attorney, shall have the authority to resolve disputes between the Successful Bidder/Contractor and the City which arise under, or by virtue of, a Contract between them; provided that, in cases involving an amount greater than $25,000, the City Commission must approve the City Manager's decision. Such authority extends, without limitation, to disputes based upon breach of Contract, mistake, misrepresentation, or lack of complete performance, and shall be invoked by a Contractual Party by submission of a protest to the City Manager. B. Contract dispute decisions. If a dispute is not resolved by mutual consent, the City Manager shall promptly render a written report stating the reasons for the action taken by the City Commission, or the City Manager, which shall be final and conclusive. A copy of the decision shall be immediately provided to the protesting party, along with a notice of such party's right to seek judicial relief, provided that the protesting party shall not be entitled to such judicial relief without first having followed the procedure set forth in this Section. 1.75. RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (SECTION 18-104): (a)Right to protest. The following procedures shall be used for resolution of protested solicitations and awards except for purchases of goods, supplies, equipment, and services, the estimated cost of which does not exceed $25,000.00. Protests thereon shall be governed by the administrative policies and procedures of purchasing. (1) Protest of solicitation. a. Any prospective proposer who perceives itself aggrieved in connection with the solicitation of a contract may protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief procurement officer within three days after the request for proposals, request for qualifications or request for letters of interest is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the chief procurement officer; or b. Any prospective bidder who intends to contest bid specifications or a bid solicitation may protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief Invitation for Bid (IFB) 1556387 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 nor legal holiday. Intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of the time for filing. Invitation for Bid (IFB) 1556387 (b) Authority to resolve protests; hearing officer(s). Hearing officers appointed by the city shall have authority to resolve protests filed under this chapter of the City Code. The city manager shall appoint a hearing officer, from a separate list of potential hearing officers pre -approved by the city commission, to resolve protests filed in accordance with this section, no later than five working days following the filing of a bid protest. The hearing officer shall have the authority to settle and resolve any written protest. The hearing officer shall submit said decision to the protesting party and to the other persons specified within ten days after he/she holds a hearing under the protest. (1) Hearing officer. The hearing officer may be a special master as defined in chapter 2, article X, section 2-811 of the City Code, or a lawyer in good standing with the Florida Bar for a minimum of ten years with a preference given to a lawyer who has served as an appellate or trial court judge. The hearing officer may be appointed from alternative sources (e.g., expert consulting agreements, piggyback contracts, etc.) where the city commission adopts a recommendation of the city attorney that such action is necessary to achieve fairness in the proceedings. The engagement of hearing officers is excluded from the procurement ordinance as legal services. The hearing officers appointed in the pre - qualified group should be scheduled to hear protests on a rotational basis. (2) Right of protest. Any actual bidder or proposer who has standing under Florida law dissatisfied and aggrieved with the decision of the city regarding the protest of a solicitation or the protest of an award as set forth above in this section may request a protest hearing. Such a written request for a protest hearing must be initiated with a notice of intent to protest followed by an actual protest as provided in subsection 18-104(a). The notice of intent to protest and the actual protest must each be timely received by the chief procurement officer and must comply with all requirements set forth in subsection 18- 104(a). Failure to submit the required notice of intent to protest and the actual protest within the specified timeframes will result in an administrative dismissal of the protest. (3) Hearing date. Within 30 days of receipt of the notice of protest, the chief procurement officer shall schedule a hearing before a hearing officer, at which time the person protesting shall be given the opportunity to demonstrate why the decision of the city relative to the solicitation or the award, which may include a recommendation for award by the city manager to the city commission, as applicable, should be overturned. The party recommended for award, if it is a protest of award, shall have a right to intervene and be heard. (4) Hearing procedure. The procedure for any such hearing conducted under this article shall be as follows: a. The city shall cause to be served by certified mail a notice of hearing stating the time, date, and place of the hearing. The notice of hearing shall be sent by certified mail, return receipt requested, to the mailing address of the protester. b. The party, any intervenor, and the city shall each have the right to be represented by counsel, to call and examine witnesses, to introduce evidence, to examine opposing or rebuttal witnesses on any relevant Invitation for Bid (IFB) 1556387 matter related to the protest even though the matter was not covered in the direct examination, and to impeach any witness regardless of which party first called him/her to testify. The hearing officer may extend the deadline for completion of the protest hearing for good cause shown, but such an extension shall not exceed an additional five business days. The hearing officer shall consider the written protest and supporting documents and evidence appended thereto, supporting documents or evidence from any intervenor, and the decision or recommendation as to the solicitation or award being protested, as applicable. The protesting party, and any intervenor, must file all pertinent documents supporting his/her protest or motion to intervene at least five business days before the hearing, as applicable. The hearing officer shall allow a maximum of two hours for the protest presentation and a maximum of two hours for the city response. When there is an intervenor, a maximum of two hours will be added for the intervenor. In the event of multiple protests for the same project, the hearing officer shall allocate time as necessary to ensure that the hearing shall not exceed a total of one day. c. The hearing officer shall consider the evidence presented at the hearing. In any hearing before the hearing officer, irrelevant, immaterial, repetitious, scandalous, or frivolous evidence shall be excluded. All other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible whether or not such evidence would be admissible in trial in the courts of Florida. The hearing officer may also require written summaries, proffers, affidavits, and other documents the hearing officer determines to be necessary to conclude the hearing and issue a final order within the time limits set forth by this section. d. The hearing officer shall determine whether procedural due process has been afforded, whether the essential requirements of law have been observed, and whether the decision was arbitrary, capricious, an abuse of discretion, or unsupported by substantial evidence as a whole. Substantial evidence means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. e. Within ten days from the date of the hearing, the hearing officer shall complete and submit to the City Manager, the City Attorney, any intervenor, the Chief Procurement Officer, and the person requesting said hearing a final order consisting of his/her findings of fact and conclusions of law as to the denial or granting of the protest, as applicable. f. The decisions of the hearing officer are final in terms of city decisions relative to the protest. Any appeal from the decision of the hearing officer shall be in accordance with the Florida Rules of Appellate Procedure. (c) Compliance with filing requirements. Failure of a party to timely file either the notice of intent to file a protest or the written protest, together with the required filing fee as provided in subsection (f), with the chief procurement officer within the time provided in subsection (a), above, shall constitute a forfeiture of such party's right to file a protest pursuant to this section. The protesting party shall not be entitled to seek judicial relief without first having followed the procedure set forth in this section. Invitation for Bid (IFB) 1556387 (d) Stay of procurements during protests. Upon receipt of a written protest filed pursuant to the requirements of this section, the city shall not proceed further with the solicitation or with the award of the contract until the protest is resolved by the chief procurement officer or the city commission as provided in subsection (b) above, unless the city manager makes a written determination that the solicitation process or the contract award must be continued without delay in order to avoid an immediate and serious danger to the public health, safety or welfare. (e) Costs. All costs accruing from a protest shall be assumed by the protestor. (f)Filing fee. The written protest must be accompanied by a filing fee in the form of a money order or cashier's check payable to the city in an amount equal to one percent of the amount of the bid or proposed contract, or $5,000.00, whichever is less, which filing fee shall guarantee the payment of all costs which may be adjudged against the protestor in any administrative or court proceeding. If a protest is upheld by the chief procurement officer and/or the city commission, as applicable, the filing fee shall be refunded to the protestor less any costs assessed under subsection (e) above. If the protest is denied, the filing fee shall be forfeited to the city in lieu of payment of costs for the administrative proceedings as prescribed by subsection (e) above. (Ord. No. 12271, § 2, 8-22- 02; Ord. No. 13629, § 2, 9-8-16) 1.76. 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. Invitation for Bid (IFB) 1556387 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 a timely submittal and 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 via BidSync. The use of any other forms and/or the modification of City forms will result in the rejection of the Bidder's Bid submittal. 4. Shall ensure that the Certification Statement is fully completed and provided with your Bid. Failure to comply with these requirements may cause the Bid to be rejected. 5. Must ensure that an n authorized agent of the Bidder's firm signs the Certification Statement and submits it electronically. FAILURE TO SIGN THE CERTIFICATION STATEMENT SHALL DEEM THE BID NON -RESPONSIVE. 6. May be considered non -responsive if Bids do not conform to the terms and conditions of this solicitation. 1.81. TAXES - The City is exempt from any taxes imposed by the State and/or Federal Government. Exemption certificates will be provided upon request. Notwithstanding, Bidders should be aware that all Invitation for Bid (IFB) 1556387 materials and supplies that are purchased by the Bidder for the completion of the Bid Contract is subject to the Florida State Sales Tax in accordance with Section 212.08, Florida Statutes, as amended, and all amendments thereto, and shall be paid solely by the Bidder. 1.82. TERMINATION - The City Manager, on behalf of the City, reserves the right to terminate the Bid Contract by written notice to the Successful Bidder/Contractor effective as of the date specified in the notice, should any of the following apply: A. The Successful Bidder/Contractor is determined by the City, to be in breach of any of the terms and conditions of the Bid Contract. B. The City has determined that such termination will be in the best interest of the City, to terminate the Bid Contract for its own convenience; C. Funds are not available to cover the cost of the contracted goods and/or services. The City's obligation is contingent upon the availability of appropriate funds. 1.83. TERMS OF PAYMENT - Payment will be made by the City after the goods and/or services have been received, inspected, and found to comply with award specifications, free of damage, or defect, and properly invoiced. Payment will be made after delivery, within forty-five (45) days of receipt of an invoice, and authorized inspection and acceptance of the goods/services, and pursuant to Section 218.74, Florida Statutes, and other applicable law. 1.84. TIMELY DELIVERY - Time will be of the essence for any orders placed as a result of the Formal Solicitation. The City reserves the right to cancel such orders, or any part thereof, without obligation, if delivery is not made within the time(s) specified in the Bid. Deliveries shall be made during regular City business hours, unless otherwise specified in the Special Conditions. 1.85. TITLE - Title to the goods shall not pass to the City until after the City has inspected and accepted the goods or used the goods, whichever comes first. 1.86. TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE -All Bids submitted to the City are subject to public disclosure, pursuant to Chapter 119, Florida Statutes. An exception may be made for "trade secrets." If the Bid contains information that constitutes a "trade secret", all material that qualifies for exemption from Chapter 119, must be submitted in a separate envelope, clearly identified as "TRADE SECRETS EXCEPTION," with Bidder's name, the Formal Solicitation number, and title marked on the outside. Please be aware that the designation of an item as a trade secret by Bidder may be challenged in court by any person. By Bidder's designation of material in Bidder's Response as a "trade secret" Bidder agrees to indemnify and hold harmless the City for any award to a plaintiff for damages, costs, or attorney's fees and for costs and attorney's fees, incurred by the City, by reason of any legal action challenging Bidder's claim. 1.87. UNAUTHORIZED WORK OR DELIVERY OF GOODS - Neither the Successful Bidder/Contractor nor any of their employees shall perform any work, or deliver any goods, unless a change order or purchase order is issued and received by the Successful Bidder/Contractor. The Invitation for Bid (IFB) 1556387 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. Invitation for Bid (IFB) 1556387 2. Special Conditions 2.1. PURPOSE The purpose of this Solicitation is to establish a contract, for maintenance and repairs of forklifts and other hydraulic lifts, Citywide, as specified herein, from a source(s), fully compliant with the terms, conditions, and stipulations of the Solicitation. 22. PRE -BID CONFERENCE A Virtual Voluntary pre -bid conference will be held on Wednesday, August 31, 2022 at 10:00 A.M., via Teams Click here to join the meeting or via phone +1-786-598-2961, ID: 870 039 744#. 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. 23. 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 Wednesday, August 7, 2022 at 5:00 P.M. All responses to questions will be sent to all prospective bidders/proposers in the form of an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. 2.4. TERM OF CONTRACT The Contract shall commence upon the date of notice of award and shall be effective for two (2) years with the option to renew for two (2) additional two (2) years period, subject to the availability of funds for succeeding fiscal years. Continuation of the contract beyond the initial period is a City prerogative; not a right of the Bidder. This prerogative will be exercised only when such continuation is clearly in the best interest of the City. 2.5. NON -APPROPRIATION OF FUNDS In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under this Contract, then the City, upon written notice to the Successful Bidder of such occurrence, shall have the unqualified right to terminate the Contract without any penalty or expense to the City. No guarantee, warranty or representation is made that any project(s) will be awarded to any firm(s). 2.6. METHOD OF AWARD Award of this Contract will be made to the lowest responsive and responsible Bidder(s) on a group -by - group basis, who bids on all items within a group and whose bid offers the lowest price when all items in Invitation for Bid (IFB) 1556387 the group are added in the aggregate. Each group may be awarded a Primary vendor, and a Secondary vendor, when available. If Bidder fails to bid on all items within a group for Groups 1-13, (Group 14 excluded) the bid will be deemed non -responsive for that group. 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. (2) Availability of funds 2.8. BIDDER'S MINIMUM QUALIFICATIONS Bids will be considered only from firms that are regularly engaged in the business of providing continuous services as described in this Bid. The Bidder(s) shall: 1. Submit certifications from brand manufacturers that the Successful Bidder(s) is authorized to perform the specified work; 2. Have a minimum of three (3) consecutive years' experience providing forklift and other hydraulic lift repair and maintenance services with the same Federal Employee Identification Number ("FEIN"), for commercial or governmental entities; 3. Submit five (5) references, for your firm, for projects within the past three (3) consecutive years, in the Reference Sheet attached in Documents section of BidSync, evidencing the minimum three (3) consecutive years' experience in the specified work herein; 4. Signed Certification Statement and Certification Section; 5. Not have any member, officer, or stockholder that is in arrears, or in default or 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; 6. Have no record of pending lawsuits or criminal activities, and have not declared bankruptcy within the last three (3) years; and 7. Not have any conflicts of interest with the City. Notes: 1. Copies of certifications from brand manufacturers, signed Certification Statement, Certification Section and Reference Sheet, for your firm, shall be submitted with your bid submittal; and 2. Failure to submit the above certifications from brand manufacturers, signed Certification Statement, Certification Section, and Reference Sheet, for your firm with your bid submittal, shall render your bid non -responsive. 2.9. FAILURE TO PERFORM Should the Successful Bidder(s) fail to perform in full accordance, at any time, with the specifications as cited in this IFB, the Successful Bidder(s) may be determined to be in default of the Contract. Successful Bidder(s) shall be required to have sufficient equipment, supplies, and materials, at all times shall be grounds for default. At no time shall the Successful Bidder(s) be pair for any day that the Successful Bidder(s)'s personnel fail to show up at a facility or fail to perform in full accordance with the specifications and to the satisfaction of the Project Manager, or designee. Should this occur, the City will Invitation for Bid (IFB) 1556387 deduct liquidated damages as indicated under said provision. Should the Successful Bidder(s) fail to perform in accordance with the Contract as determined solely by the City, the City shall make the determination to deem the Successful Bidder(s) in default. The City shall be the sole judge of non-performance, failure to perform, and default of Contract. The date of termination shall be stated in a written notice. Should it not be possible to reach the Successful Bidder(s) or Successful Bidder(s)'s 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 deem the Successful Bidder(s) in default of the Contract or make appropriate reductions in the Contract payment. 2.10. REFERENCES Each bid must be accompanied by a list of five (5) referenced, in the Reference Sheet attached in the Document section of BidSync, for which Bidder has provided maintenance and repair services for forklifts and other hydraulic lifts to within the last three (3) consecutive years. NO BID WILL BE CONSIDERED WITHOUT THIS LIST. 2.11. EMPLOYEES The employee(s) shall at all times wear their company issued identification. Should the Successful Bidder(s) not issue such a form of identification, the employee(s) shall wear an issued badge from the facility being serviced. The facility may require both a facility badge and a company badge. The Successful Bidder(s)' employee, regardless of the nature of the call, shall always identify themselves to the Facility Administrator, request to speak with the Project Manager or designee, and sign in and out. 2.12. LEVEL II BACKGROUND CHECK JESSICA LUNSFORD ACT (JLA) BACKGROUND SCREENING REQUIREMENTS: In accordance with the requirements of Sections, 1012.465, and 1012.32 and 1012.467, Florida Statutes), as amended from time to time Successful Bidder agrees that, if Successful Bidder receives remuneration for services, Successful Bidder and all of its employees who provide or may provide services under this Contract will complete criminal history checks, and all background screening requirements, including Level 2 screening requirements as outlined in the above -referenced statutes for any work to be performed in City parks. Pursuant to the 2007 amendments to the JLA enacted by the Florida Legislature, requirements for certain fingerprinting and criminal history checks shall be inapplicable to non -instructional contracted personnel who qualify for exemption from Level 2 screening requirements as provided under Section 1012.468 of the Florida Statutes. In addition, the provisions of Section 1012.467 of the Florida Statutes are incorporated herein by reference, and any provisions that may be inconsistent with, contrary to, or determined to be in conflict with said Section 1012.467, will be superseded by said statute. A non -instructional Successful Bidder who is exempt from the screening requirements set forth in Sections 1012.465, 1012.468 or 1012.467 of the Florida Statutes, is subject to a search of his or her name or other identifying information against the registration information regarding sexual predators and sexual offenders maintained by the Department of Law Enforcement under Section 943.043 and the national sex offender public registry maintained by the United States Department of Justice. Successful Invitation for Bid (IFB) 1556387 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 forty-eight (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 forty-eight (48) hours of being put on notice and within five (5) business days of the occurrence of qualifying arrest or conviction, shall constitute grounds for immediate termination of this Contract by the City and removal from the Pool. The parties further agree that failure by Successful Bidder to perform any of the duties described in this section shall constitute a material breach of the Contract entitling the City to terminate this Contract immediately with no further responsibility to make payment or perform any other duties under this Contract. 2.13. INSURANCE REQUIREMENTS INDEMNIFICATION Successful Bidder(s) shall indemnify, hold and save harmless, and defend (at its own cost and expense), the City, its officers, agents, directors, and/or employees, from all liabilities, damages, losses, judgements, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Successful Bidder(s) and persons employed or utilized by Successful Bidder(s) in the performance of this Contract. Successful Bidder(s) shall further, hold the City, its officials, and employees, indemnify, save, and hold harmless for, and defend (at its own cost), the City its officials and/or employees against any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted work, even if it is alleged that the City, its officials, and/or employees were negligent. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, the Successful Bidder(s) shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The Successful Bidder(s) expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the Successful Bidder(s) shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents, and instrumentalities as herein provided. Invitation for Bid (IFB) 1556387 The indemnification provided above shall obligate the Successful Bidder(s) to defend, at its own expense, to and through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against the City, whether performed by the Successful Bidder(s), or persons employed or utilized by Successful Bidder(s). These duties will survive the cancellation or expiration of the Contract. This Section will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended. Successful Bidder(s) shall require all sub -contractor agreements to include a provision that each sub- contractor will indemnify the City in substantially the same language as this Section. The Successful Bidder(s) agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Successful Bidder(s) in which the City participated either through review or concurrence of the Successful Bidder(s)'s actions. In reviewing, approving, or rejecting any submissions by the Successful Bidder 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). Please see Insurance Addendum for insurance definitions, requirements, and conditions. The Successful Bidder(s) shall furnish to City of Miami, c/o Procurement Depaitinent, 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: Commercial/ Garage General Liability: A. Limits of Liability Bodily Injury and Property Damage Liability - Each Occurrence $1,000,000 General Aggregate Limit Products and Completed Operations: Personal and Advertising Injury: B. Endorsements Required: City of Miami included as an Additional insured Contingent and Contractual Exposures Primary Insurance Clause Endorsement Premises and Operations Liability $2,000,000 $1,000,000 $1,000,000 Invitation for Bid (IFB) 1556387 Note: In lieu of Umbrella Liability, the City will accept the following: Bodily Injury and Property Damage Liability Each Occurrence $2,000,000 General Aggregate Limit $3,000,000 Products and Completed Operations $3,000,000 Personal and Advertising Injury $2,000,000 Business Automobile Liability A. Limits of Liability Bodily injury and property damage liability Combined single limits. Scheduled Autos Including Hired, Borrowed, or Non -Owned Autos — Any One Accident B. Endorsements Required: City of Miami included as an Additional Insured Worker's Compensation Limits of Liability Statutory- State of Florida Waiver of Subrogation Employer's Liability A. Limits of Liability $100,000 for bodily injury caused by an accident, each accident $100,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease, policy limit $1,000,000 Garage Keeper's Legal Liability (If Applicable) A. Limits of Liability $100,000 City of Miami listed as additional insured Note: Garage Keeper Liability is required at any time during the term when equipment is off City of Miami property. Invitation for Bid (IFB) 1556387 Umbrella Liability Each Occurrence Policy Aggregate City of Miami listed as additional insured. Coverage is excess over the general liability and auto policies. $1,000,000 $1,000,000 Note: In lieu of Umbrella Liability, please refer to Noted under Commercial/Garage General Liability above for requirements. BINDERS ARE UNACCEPTABLE. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the Successful Bidder(s). All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The Company must be rated no less than "A" as to management, and no less than "Class V" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and/or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. Certificates will indicate no modification or change in insurance shall be made without thirty (30) days written advance notice to the certificate holder. NOTE: CITY BID NUMBER AND/OR TITLE OF BID MUST APPEAR ON EACH CERTIFICATE. Compliance with the foregoing requirements shall not relieve the Successful Bidder(s) of their liability and obligation under this section or under any other section of this Agreement. - -If insurance certificates are scheduled to expire during the contractual period, the Successful Bidder(s) shall be responsible for submitting new or renewed insurance certificates to the City at a minimum of ten (10) calendar days in advance of such expiration. - -In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the City shall: (4) Suspend the Contract until such time as the new or renewed certificates are received by the City in the manner prescribed in the Invitation To Bid. (5) The City may, at its sole discretion, terminate this Contract for cause and seek re -procurement damages from the Successful Bidder(s) in conjunction with the General and Special Terms and Conditions of the Bid. The Successful Bidder(s) shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in force for the duration of the contractual period; including any and all option terms that may be granted to the Successful Bidder(s). 2.14. LOCAL OFFICE PREFERENCE Bidders wishing to apply for the local office preference shall comply with the General Terms and Conditions, Section 1.48 Local Preference of this solicitation and with Section 18-73 of the City of Mami Procurement Code, titled "Definitions", and shall submit with the Bid at the time of the Bid due date the following: • Completion and submission of the attached City of Miami Local Office Certification Form; • Submission of a copy of the Bidder's lease documents at the location being deemed a City of Miami Local Office; Invitation for Bid (IFB) 1556387 • Submission of a City of Miami Business Tax Receipt; • Submission of a Miami Dade County Business Tax Receipt; and • Submission of a copy of the license, certificate of competency, and certificate of use that authorizes the performance of the Bidder. 2.15. PERFORMANCE The Successful Bidder(s) shall be held fully responsible for performing all the work necessary to meet City standards in a safe, neat, and good workmanlike manner, using only generally accepted method in carrying out the work and complying with all federal and state laws, as well as any and all City of Miami ordinance and codes relating to such work. 2.16. CURES Please refer to Section 1.56 Notice Regarding "Cures" of the General Terms and Conditions of this solicitation. 2.17. SUBMISSION AND RECEIPT OF BIDS Please refer to Section 1.80, Submission and Receipt of Bids of the General Terms and Conditions of this solicitation. 2.18. 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, of 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 provision in Attachment A. If a solicitation requires services, effective on January 1, 2017, the Successful Bidder(s) must pay to all their 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 per 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. 2.19. EQUITABLE ADJUSTMENT The Procurement Department may, in its sole discretion, make an equitable adjustment in the Contract pricing if pricing or availability of supply is affected by extreme or unforeseen volatility in the marketplace, that is, by circumstances that satisfy all the following criteria: (1) the volatility is due to circumstances beyond the Successful Bidder(s)' control, (2) the volatility affects the marketplace or industry, not just the particular Contract source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the volatility so affect the Successful Bidder(s) that continued performance of the Contract would result in a substantial loss. Successful Bidder(s) might have to supply documentation to justify any requested percentage increase in cost to the City ofMiami. Invitation for Bid (IFB) 1556387 2.20. TIE BIDS Whenever two or more Bids which are equal with respect to price, quality and service are received by the City for the procurement of commodities or contractual services, a Bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie Bids will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: (1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the action that will be taken against employees for violations of such prohibition. (2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in subsection (1). (4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under Bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. (5) Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. (6) Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. 221. NO SUBSTITUTION Manufacturer's name, brand name and model/style number when uses in these specifications are for the sole purpose of establishing minimum requirements of levels of quality, standards of performance and design required and is in no way intended to prohibit the bidding of other manufacturer's brands of equal material, unless otherwise indicated. When "No Substitution" is used in combination 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. 222. PROJECT MANAGER(S) Upon award, Successful Bidder(s) shall report and work directly with John Babos Jr.. Light Fleet $unerintendent. Carlos Pau. Heavy Fleet Sunerintendent. Juan Onorta. Marinas Sunervisor. and Jose Davila Sr.. Sunerintendent. Fire Garage/Logistics Division. or designee. who shall be designated the Project Manager(s) for the City of Miami. Invitation for Bid (IFB) 1556387 2.23. DELIVERY OF PARTS AND/OR SERVICES The Successful Bidder(s) shall notify the Project Manager(s) or designee, no less than twenty-four (24) hours prior to delivery. Deliveries will be accepted only between 8:00 A.M. - 4:00 P.M. during normal workdays. All parts supplied will be original equipment manufacturer (OEM) unless approved, in writing, by the Project Manager(s) or designee. Maintenance services will be scheduled with the department as required. 2.24. PARTS AT PASS -THROUGH COST All cost for parts required for repair jobs and not otherwise included in the routine maintenance shall be billed at the Successful Bidder(s)' actual cost and will be passed on the City without markup or any additional fees. Successful Bidder(s) shall submit purchase receipt of parts along with labor invoice for payment. Successful Bidder(s) shall be responsible for sourcing all parts necessary to complete the work requirements of each job specification. Replacement parts furnished must be of the same manufacturer or an equal product. All equipment and materials shall be commercial quality and grade and be from a regular product line. Prototype, obsolete, and residential quality/grade equipment/materials shall not be specified or installed in the facilities. All parts installed and materials used in performance of this Contract shall be new and unused (of current design and manufacturer). Salvage materials will not be allowed without the expressed consent of the Project Manager(s) or designee. All materials and workmanship shall be for the highest quality and shall conform to all applicable codes, so as to ensure safe and functional operations. The City shall be the sole judge as to parts and workmanship. 2.25. HOURLY REPAIR RATE The hourly rates quoted shall include full compensation for labor, equipment use, travel time, and any other related costs to the Successful Bidder(s). Parts at not to be included in this rate (Please refer to Section 2.24, Parts at Pass Through Cost). Regular Labor Rate - Hourly labor rates will be from 6:30 AM - 8:00 PM, depending on the end user department's needs. Should the Successful Bidder(s)' employee(s) have to work for more than eight (8) consecutive hours within one (1) day, the Successful Bidder(s)' employee(s) may be paid overtime for those hours, with proper written documentation. Overtime Labor Rate — Weekdays, after eight (8) consecutive hours of work within one (1) day. The City will allow overtime payment at a maximum rate of one and half times the regular hourly wage quoted by the Successful Bidder(s), except for weekends and holidays, which shall be at the quoted rate. This allowance shall only be provided in those instances where expressly authorized by the Project Manager(s) or designee prior to the commencement of the overtime, weekend, or holiday work. LEGAL HOLIDAYS New Year's Day Martin Luther King's Invitation for Bid (IFB) 1556387 Birthday President's Day Memorial Day Juneteenth (June 19) Fourth of July Labor Day Columbus Day Veterans' Day Thanksgiving Day Friday after Thanksgiving Day Christmas Day Non -Immediate Repairs When the Successful Bidder(s) has been notified of services needed, the Successful Bidder(s) shall arrive within twenty-four (24) hours from the first point of contact from the Project Manager(s) or designee. If the Successful Bidder(s) fails to arrive within twenty-four (24) hours, the Successful Bidder(s) will be found to be in default. Pursuant to Section 2.50, Termination Clause, the City reserves the right to terminate this Contract if the Successful Bidder(s) fails to respond to more than three (3) consecutive services calls. In the event that non -immediate repairs for service calls are expected to exceed $5,000, the Successful Bidder(s) shall only make the site secure and safe. The Successful Bidder(s) shall submit an estimate for repairs the same day services are requested, in order to obtain a Notice to Proceed for non -immediate repairs. Once Notice to Proceed has been issued by the City, the Successful Bidder(s) may begin permitting process, purchasing of materials and nay site prep work needed. Immediate Renairs If forklift repairs or other hydraulic lifts repairs are required immediately, it will be communicated to the Successful Bidder(s) by the Project Manager(s) or designee. The Successful Bidder(s) shall provide a call back to the Project Manager(s) or designee within four (4) hours, otherwise the Successful Bidder(s) will be found to be in default. For immediate repairs, the Successful Bidder(s) is expected to arrive at the work site to fix or secure the problem within four (4) hours from the point of contact from the Project Manager(s) or designee. Pursuant to Section 2.50, Termination Clause, the City reserves the right to terminate this Contract if the Successful Bidder(s) fails to respond to more than three (3) consecutive service calls. The Successful Bidder(s) shall be allowed up to four (4) hours maximum for immediate repairs. If repair will exceed twelve (12) hours, Successful Bidder(s) must obtain written authorization from the Project Manager(s) or designee. If Successful Bidder(s) is found to be in default, they shall remove all equipment, tools, unused materials, and construction debris within forty-eight (48) hours from being notified via default notice. Invitation for Bid (IFB) 1556387 2.26. MONTHLY MAINTENANCE/YEARLY INSPECTION AGREEMENT Bidders shall quote a maintenance cost for full service and parts, monthly maintenance/yearly inspection agreement, and if new equipment is added, to commence at the end of the warranty period. This agreement will be accepted at the sole discretion of the City of Miami. Maintenance price shall include all parts/labor (including travel time) for all equipment installed under this Contract. 2.27. WORKMANSHIP AND MATERIALS All parts installed and materials used in performance of this Contract shall be new and unused (of current design or manufacture). Salvage materials will not be allowed without the express consent of the City. All materials and workmanship shall be of the highest quality and shall conform to all applicable Building Codes, so as to ensure safe and functional operation. The City shall be the sole judge as to parts and workmanship. 2.28. DISCONTINUATION OF EQUIPMENT In the event items requested are discontinued by the manufacturer, the Successful Bidder(s) shall substitute an approved equivalent replacement item from the same manufacturer at equal or lower pricing. The Successful Bidder(s) shall advise the City of any anticipated discontinuation. Proposed replacement equipment must be submitted for review and approval prior to completion of any substitution. 2.29. QUALITY OF WORK All work shall be performed using superior maintenance standards and techniques. The frequencies established for repetitive maintenance tasks are minimum frequencies, which must be increased if deemed necessary and requested by the City. Failure to perform under the terms and conditions of this Contract will cause the Project Manager(s) or designee, to submit a Vendor Non -Performance Form to the Procurement Department for follow-up. Should the Procurement Department receive three (3) Vendor Non -Performance Forms, then the Successful Bidder(s) will be immediately removed from the Contract for the remainder of the Contract period. 2.30. LABOR, SUPERVISION, AND EQUIPMENT The Successful Bidder(s) shall furnish, at their own expense, all labor, supervision, supplies, and equipment necessary for satisfactory completion of all the services as specified in this IFB. All equipment shall be maintained in an efficient and safe operating condition while performing work under the Contract. Equipment must have all proper safety devices required by law which shall be properly maintained and in use at all times. To this regard, the City reserves the right to request a list of such equipment for approval of use. It may require a change of designated equipment that are deemed by the City as unsafe, or which may create an uncomfortable environment and/or service to City employees or patrons. 231. PERSONNEL The Successful Bidder(s) shall be deemed to represent that it has, or will have upon the award of the Contract, all necessary personnel required to perform all services arising from the award of the Contract. All services required herein shall be performed by the Successful Bidder(s) and all personnel engaged in Invitation for Bid (IFB) 1556387 performing the services shall be qualified to perform such services. 232. WARRANTY The Successful Bidder(s) warrants to the City that all materials and equipment furnished under this Contract will be new, unless otherwise specified in writing, and that all of the work will be of good quality, free from faults and defects and in conformance with the Contract. All work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by the Project Manager(s) or designee, the Successful Bidder(s) shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by any other provisions within the Contract. 233. PRIMARY CLIENT (FIRST PRIORITY) The Successful Bidder(s) agrees 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 the Successful Bidder 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. EMERGENCY SERVICE/CONTACT The Successful Bidder(s) shall provide the City with evening, weekend, and holiday service, as necessary, to handle an emergency situation which threatens public health and safety, as determined by the City. The Successful Bidder(s) shall be immediately available via a twenty-four (24) hour, seven (7) day per week phone service. It is expected that non-scheduled requests for service (emergency call, etc.) shall be responded to within two (2) hours after the call is place to the service or directly to the Successful Bidder(s). The Successful Bidder(s) shall ensure that the Project Manager(s) or designee has the cell phone of all employees assigned, or who would be called to the facility, and the designated employee(s) shall be directed to respond to direct calls from the Project Manager(s) or designee. 235. DELAYS The Successful Bidder(s) shall notify the City of any actual or potential delays in any services or repairs. 2.36. FORCE MAJEURE Successful Bidder(s) shall not be liable for any failure of or delay in the performance of this Contract for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to act of God, war, strikes or labor disputes, embargoes, government orders or any other force majeure event. 237. USE OF PREMISES The Successful Bidder(s) shall confine their equipment, apparatus, the storage of materials, and the operation of their workmen to the limits indicated by law, ordinances, permits, or direction of the Project Invitation for Bid (IFB) 1556387 Manager, or designee, and shall not unreasonably encumber the premises with their materials. The Successful Bidder(s) shall take all measures necessary to protect their own materials. 2.38. CITY OCCUPANCY The City may occupy all or any portions of the facility during the entire period of work. The Successful Bidder(s) shall cooperate fully with the Project Manager or designee during the work to minimize conflicts and to facilitate City operations and the operations of any other contractors. 239. DAMAGES TO PUBLIC/PRIVATE PROPERTY Any damage caused by the Successful Bidder(s) shall be reported to the Project Manager, or designee, either in person or in writing. Successful Bidder(s) shall be responsible for paying for any and all damages of which may be paid via credit against monthly billing or by direct payment. The Successful Bidder(s) shall carry out the work with such care and methods as not to result in damage to public or private property adjacent to the work. Should any public or private property be damaged or destroyed, the Successful Bidder(s), at their expense, shall repair or make restoration as is practical and acceptable to the City and/or owners of destroyed or damaged property promptly within a reasonable length of time. (Not to exceed one month from date damage was done). 2.40. SAFETY MEASURES Successful Bidder(s) shall take all necessary precautions for the safety of employees and shall erect and properly maintain at all times all necessary safeguards for the protection of the employees and the public. Danger signs warning against hazards created by their operation and work in progress must be posted. Successful Bidder(s) shall provide adequate barriers, flag person, traffic cones, signs and/or warning devices during the performance of the contract. All employees of Successful Bidder(s) shall be expected to wear safety glasses or goggles, appropriate clothing, and hearing protection when and wherever applicable. The Successful Bidder(s) shall use only equipment that is fully operational and in safe operating order. Equipment remaining on site shall be locked and secure. All hand tools shall be removed daily from the site. Successful Bidder(s) shall be especially careful when servicing property when pedestrians and/or vehicles are in close proximity - work shall cease until it is safe to proceed. Any damage to public or private property as the result of operations of the Successful Bidder(s), shall be the sole responsibility of the Successful Bidder(s) and shall be repaired by the Successful Bidder(s), their forces, or their selected personnel, within a reasonable length of time (not to exceed one month from the date damage was done), to the satisfaction of the Project Manager(s), or designee. 2.41. PUBLIC SAFETY The Successful Bidder(s) shall conduct their work so as to interfere as little as possible with private business or public travel_ The Successful Bidder(s) shall, at their own expense, whenever necessary or required, maintain barricades, maintain lights, and take such other precautions as may be necessary to protect life and property, and the Successful Bidder(s) shall be liable for all damages occasioned in any way by their actions or neglect or that of its agents or employees. Invitation for Bid (IFB) 1556387 The Successful Bidder(s) shall meet the following noise abatement performance standards for all construction equipment: Between the hours of 7:00 A.M. and 10:00 P.M. noise levels shall not exceed 65 dBA at the nearest residential or commercial property line. Operation of equipment should be avoided between the hours of 10:00 P.M. and 7:00 A.M., but if required, the noise level shall not exceed 65 dBA. 2.42. FINAL CLEAN-UP Upon completion of the work and before acceptance and final payment is made, the Successful Bidder(s) shall clean, remove, and properly dispose of from the premises, all surplus and discarded materials, rubbish, and temporary structures, and shall restore in an acceptable manner all property, both public and private, which has been damaged during the performance of the work, and shall leave the area in a neat and presentable condition. 2.43. COMPLETED WORK The City shall be notified by the Successful Bidder(s) upon completion of work. The City shall inspect and approve completed work before authorizing payment. Work not satisfactorily completed shall be redone by the Successful Bidder(s) at no additional charge to the City. 2.44. ACCEPTANCE OF WORK Should any work not meet the expectations of the City's Project Manager(s)' or designee, the Successful Bidder(s) shall be required to correct the fault or faults at their expense in both time and material. 2.45. DOCUMENTATION The Successful Bidder(s) shall leave the Project Manager, or designee a copy of the service order and/or other applicable documentation of the visit. This documentation shall reflect, in detail, the work performed and recommendations, if any. In the case of unscheduled visits, the documentation of the same shall be left with the facility administrator, should the Project Manager, or designee not be available. 2.46. INVOICING Invoices submitted for payment by the City shall contain purchase order number, work order number (if applicable), details of the service performed, number of labor hours, hourly rate, total man hours billed, and material furnished, and actual cost itemized separate from the labor rated and number of labor hours. Copies of invoices or other appropriate documentation including available receipts for materials purchased or supplied shall be provided for each job to support their actual costs prior to reimbursement. Failure to itemize the aforementioned will result in the invoice being returned for adherence to the same. Material cost including unit prices shall be listed as separate items. Materials, parts or equipment shall be invoiced as Successful Bidder(s)'s actual cost to include any and all discounts offered by their supplier. Material prices submitted are subject to verification by the Project Manager, or designee. Invitation for Bid (IFB) 1556387 Should the Successful Bidder(s) fail to submit any required documentation, including properly prepared invoices and/or should the City determine the invoice to differ from the actual work performed, the City will not be responsible for payment of such. The City will only be responsible for payment of actual work performed, and upon properly submitted invoices/documentation. 2.47. METHOD OF PAYMENT Payment will be made upon final completion and acceptance of each repair or maintenance serviced provided only. 2.48. ADDITION/DELETION OF FACILITIES/PRODUCTSBRANDS/MODELS/ITEMS/SERVICES/SUP PLIERS Although this Solicitation identifies specific facilities/products/brands/models/items/services/suppliers, it is hereby agreed and understood that any facility/product/brands/models/item/service/supplier may be added/deleted to/from this Contract at the option of the City. When an additional facility/product/brand/model/item/service to the Contract is required, the supplier shall be invited to submit price quotes for these new facilities/products/items/services. If these prices are not competitive or not carried, the City maintains the right to add additional suppliers to the Contract to carry those items required. If these quotes are comparable with market prices offered for similar facilities/products/brand/models/items/services, they shall be added to the Contract, whichever is in the best interest of the City, and addendum and a separate purchase order shall be issued by the City. 2.49. LIQUIDATED DAMAGES Upon failure to perform, or to complete the project in accordance with the specifications and to the satisfaction of the City within the time stated, the Successful Bidder(s) shall be subject to an assessment of liquidated damages in the amount of $100.00 for each and every calendar day the work remains incomplete (not to exceed the total amount of the Contract), as compensation due to the City for loss of not having the use and functioning forklifts and other hydraulic lifts, and for additional costs incurred by the City due to such noncompletion of the work. The City shall have the right to deduct said liquidated damages from any amount due or that may become due to the Successful Bidder(s) under this agreement or to invoice the Successful Bidder(s) for such damages if the costs incurred exceed the amount due to the Successful Bidder(s). 2.50. TERMINATION A. FOR DEFAULT If Successful Bidder(s) defaults in its performance under this Contract and does not cure the default within thirty (30) days after written notice of default, the City Manager may terminate this Contract, in whole or in part, upon written notice without penalty to the City of Miami. In such event the Successful Bidder(s) shall be liable for damages including the excess cost of procuring similar supplies or services: provided that if, (1) it is determined for any reason that the Successful Bidder(s) was not in default or (2) the Successful Bidder(s)'s failure to perform is without their or their Subcontractor's control, fault, or negligence, the termination will be deemed to be a termination for the convenience of the City of Miami. Invitation for Bid (IFB) 1556387 B. FOR CONVENIENCE The City Manager may terminate this Contract, in whole or in part, upon thirty (30) days prior written notice when it is in the best interests of the City of Miami. If this Contract is for supplies, products, equipment, or software, and so terminated for the convenience by the City of Miami, the Successful Bidder(s) will be compensated in accordance with an agreed upon adjustment of cost. To the extent that this Contract is for services and so terminated, for the City of Miami shall be liable only for payment in accordance with the payment provisions of the Contract for those services rendered prior to termination. 251. 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. 2.52. PUBLIC ENTITY CRIMES To be eligible for award of a contract, firms wishing to do business with the City must comply with Section 287.133(2)(a) of the Florida Statutes, which provides that 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 Proposal on a contract to provide any goods or services to a public entity, may not submit a Proposal on a contact with a public entity for the construction repair of a public building or public work, may not submit Proposals on leases or real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO, as defined by Section 287.017(2) of the Florida Statutes, for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. Invitation for Bid (IFB) 1556387 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK The Successful Bidder(s) shall provide all labor, materials, tools, equipment, for the provision of parts, maintenance and repairs to forklifts and other hydraulic lifts, Citywide on an as needed basis. MAINTENANCE — GENERAL SERVICE ADMINISTRATION — GSA (Heavy Fleet and Light faull Yearly service and inspection to include all below listed services, as required, but not limited to. Successful Bidder(s) shall: 1. Replace engine oil and oil filters; 2. Replace fuel filters and air filters; 3. Grease complete unit, carriage, mast, steer axle, v-joint, drive shaft; 4. Lubricate slide points, and rollers as needed in all units; 5. Change differential oil; 6. Inspect carburetor, alternator, starter, speed governor, ring gear fly wheel, pump, brakes, lift, tilt and steer cylinders and control valve, power steering and transmission (where applicable; 7. Inspect fuel/water separator; hydraulic fuel levels, steer and drive axles, torque converter, and steer unit; 8. Wash unit completely after each service; 9. Report any excess wear or parts required which are not covered by this Section on a Maintenance Report, to be completed after each service; 10. Dispose of all debris off -site; and 11. Leave site/equipment in ready for use conditions. MAINTENANCE — FIRE DEPARTMENT Yearly inspection to include all below listed services, as required, but not limited to: Successful Bidder(s) shall: 1. Inspect operation, locks, hoses for leaks, roller for operation and wiring for defects of all units; 2. Lubricate slide points and rollers as needed; 3. Replace oil and filter in the in -ground lifts and propane forklifts as needed; 4. Inspect wheels for operation, and wheel cylinder jacks for operation on the tower lifts as required; 5. Dispose of all debris off -site, and 6. Leave site/equipment in ready for use conditions. MAINTENANCE — MARINAS Monthly Preventive Maintenance (PM) to include all below listed services, as required, but not limited to: Successful Bidder(s) shall: 1. Perform oil change; 2. Replace oil filters; 3. Lubricate all chains and rollers in the mast; 4. Ensure machine is operating safely; 5. Dispose of all debris off -site; and Invitation for Bid (IFB) 1556387 6. Leave site/equipment in ready for use conditions. In addition to all of the above, Successful Bidder shall: 1. Include permanent and all necessary protection of work site (i.e., barricades, caution tape, windscreen, lock for gate(s)), including but not limited to existing/new equipment, appliances, and accessories. The site protection shall be removed only after passing final inspection by Project Manager(s) or designee. The Successful Bidder(s) shall solely be responsible for protection of work at all times; and 2. Additional repairs outside the scope of work must be reported to the Project Manager(s), designee prior to the commencement of work. No work shall be completed without the written approval of the Project Manager(s), or designee. In accordance with Section 2.8, Bidder's Minimum Qualifications, Bidders shall submit with their bid submittal the following: 1. Signed Certification Statement and Certification Section; 2. Certifications from brand manufacturers that the Successful Bidder(s) is authorized to perform the specified work; and 3. Five (5) references for your firm, for projects within the past three (3) consecutive years, in the Reference Sheet located in the Document section of BidSync, evidencing the minimum three (3) consecutive years' experience in the maintenance and repair services of forklifts and other hydraulic lifts. Failure to submit above certifications from brand manufacturers. signed Certification Statement, Certification Section. and Reference Sheet. for your firm. shall render your bid non -responsive. Note: Services performed for the City will require licenses and permits in the same manner as private construction projects within the City. The Successful Bidder(s) shall secure, at their expense, all licenses and permits and shall fully comply with all applicable laws, regulations and codes as required by the State of Florida, county, or local ordinances. The Successful Bidder(s) must fully comply with all federal and state laws, county and municipal ordinances, and regulations in any manner affecting the prosecution of the work. Any fines or penalties to the Successful Bidder(s) shall be paid at the Successful Bidder(s)' expense. Titg f ANNIE PEREZ, CPPO Director of Procurement ARTHUR NORIEGA V City Manager ADDENDUM NO. 1 IFB 1556387 September 13, 2022 Invitation for Bid ("IFB") Forklift and Other Hydraulic Lifts Maintenance and Repairs 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. Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein, reflect same on the documents you have on hand. The IFB's closing date and time has been changed to Wednesday, September 28, 2022, at 3:00 P.M. ALL OTHER TERMS AND CONDITIONS OF THE IFB REMAIN THE SAME. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE IFB AND SHALL BE MADE A PART THEREOF. a.d4. (/?a^ w. ,4, C/ Annie Perez, CPPO (� Director/Chief Procurement Officer Procurement Department AP:ts c. Jennifer Ramirez, Director, General Services Administration Jacqueline Lorenzo, Interim Director, Real Estate and Asset Management Joseph F. Zahralban, Chief, Fire -Rescue Pablo Velez, Senior Assistant City Attorney Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director of Procurement This Addendum shall be signed by an authorized representative and dated by the Bidder and submitted as proof of receipt with the submission of the Bid. NAME OF FIRM: DATE: SIGNATURE: 1 Tag of gtiianii ANNIE PEREZ, CPPO Director of Procurement ARTHUR NORIEGA V City Manager ADDENDUM NO. 2 IFB 1556387 September 15, 2022 Invitation for Bid ("IFB") Forklift and Other Hydraulic Lifts Maintenance and Repairs 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. Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein, reflect same on the documents you have on hand. A. Attachment titled "City of Miami Local Office Certification" has been deleted in its entirety and is hereby replaced with "City of Miami Local Office Certification Revised" and can be found in the Documents Section of BidSync. B. Attachment titled "Reference Sheet" has been deleted in its entirety and is hereby replaced with "Revised Reference Sheet" and can be found in the Documents Section of BidSync. C. The requirements listed in Section 2.13 Insurance Requirements have been deleted in their entirety and are hereby replaced with the following language: Commercial/Garage General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence General Aggregate Limit Products/Completed Operations Personal and Advertising Injury B. Endorsement Required City of Miami listed as an additional insured Contingent and Contractual Exposures Primary Insurance Clause Endorsement Premises and Operations Liability $1,000,000 $2,000,000 $1,000,000 $1,000,000 1 Note: In lieu of Umbrella Liability, the City will accept the following; Bodily Injury and Property Damage Liability Each Occurrence General Aggregate Limit Products and Completed Operations Personal and Advertising Injury Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Scheduled Autos Including Hired, Borrowed or Non -Owned Autos Any One Accident B. Endorsements Required City of Miami included as an Additional Insured Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of subrogation Employer's Liability $2,000,000 $3,000,000 $3,000,000 $2,000,000 $1 ,000,000 A. Limits of Liability $100,000 for bodily injury caused by an accident, each accident $100,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease policy limit Garage Keepers Legal Liability (If Applicable) A. Limits of Liability $100,000 City of Miami listed as an additional insured Note: Garage Keeper's Liability is required at any time during the term when equipment is off City of Miami property. Umbrella Liability Each Occurrence Policy Aggregate $1 ,000,000 $1 ,000,000 City of Miami listed as an additional insured Coverage is excess over the general liability and auto policies Note: In lieu of Umbrella Liability, please refer to Notes under Commercial/Garage General Liability above for requirements. 2 D. Section 2.52, Public Entity Crimes, has been added to the Special Conditions Section of the IFB: To be eligible for award of a contract, firms wishing to do business with the City must comply with Section 287.133(2)(a) of the Florida Statutes, which provides that 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 Proposal on a contract to provide any goods or services to a public entity, may not submit a Proposal on a contract with a public entity for the construction repair of a public building or public work, may not submit Proposals 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 a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO, as defined by Section 287.017(2) of the Florida Statutes, for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. E. The following is the City's response to questions received from prospective Bidders: Q1. Is the Bidder required to fill out Tab #1 in the Reference Sheet? Al. No. Please refer to the "Revised Reference Sheet" found in the Documents Section of BidSync. Q2. If the Bidder's firm is not located within the corporate limits of the City of Miami, is the Bidder required to fill out the City of Miami Local Office Certification Form? A2. No. If the Bidder's firm is not located within the corporate limits of the City, the Bidder is not required to fill out the City of Miami Local Officer Certification Form. Q3. Is Garage Keeper's Liability required when equipment is being repaired at the City of Miami facility or only when the equipment is being removed from the City of Miami property and taken to the vendor's repair facility? A3. Garage Keeper's Liability is required at any time, during the term of the contract, that equipment is removed from City of Miami property. ALL OTHER TERMS AND CONDITIONS OF THE IFB REMAIN THE SAME. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE IFB AND SHALL BE MADE A PART THEREOF. Annie Perez, CPPO Director/Chief Procurement Officer Procurement Department AP:ts c. Jennifer Ramirez, Director, General Services Administration Jacqueline Lorenzo, Interim Director, Real Estate and Asset Management Joseph F. Zahralban, Chief, Fire -Rescue Pablo Velez, Senior Assistant City Attorney Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director of Procurement 3 This Addendum shall be signed by an authorized representative and dated by the Bidder and submitted as proof of receipt with the submission of the Bid. NAME OF FIRM: DATE: SIGNATURE: 4