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Home My WebLink AboutBack-Up DocumentsCITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Arthur Noriega V City Manager ,--oacus,9neder •--89540E1373CAC968.. Annie Perez, CPPO Director/Chief Procurement Officer Department of Procurement DATE: October 24, 2023 SUBJECT: Recommendation for Approval to Award Air Condition Repair Services, Citywide REFERENCES: Invitation for Bid ("IFB") No. 1433386 ENCLOSURES: Bid Tabulation RECOMMENDATION: Based on the findings below, the Department of Procurement ("Procurement"), hereby recommends award of Invitation for Bid, ("IFB") No. 1433386 to the sole responsive and responsible Bidder, Master Mechanical Services, Inc., ("Master Mechanical") for air condition repair services, Citywide, on an as needed basis, including emergency on call services. The awarded vendor, contract terms, and amount is shown below: IFB No./Title: IFB No. 1433386, Air Condition Repair Services, Citywide Contract Amount: Contract Term: Regular labor rate for air condition repair services, Monday -Friday, 8:00 AM — 5:00 PM, $94.50 per hour Hourly labor rate for air condition repair services, Weekends, Holidays, and Monday — Friday, 5:00 PM — 8:00 AM, $125.00 per hour Quarterly Report, $425.00 Three (3) years with the option to renew for two (2) additional one (1) year periods Recommended Vendor: Master Mechanical Services, Inc. BACKGROUND: On July 5, 2023, Procurement on behalf of the City of Miami General Services Administration ("GSA") issued IFB No. 1433386, for Air Condition Repair Services, Citywide, on an as needed basis, under full and open competition. On August 22, 2023, at bid closing seven (7) bids were received. Six (6) Bidders were found non -responsive as they did not submit the Air Conditioning Contractor's license, Environmental Protection Agency ("EPA") 608 Technical Program Certification, Certification Statement or Certification Section through the BidSync Portal. The remaining bid was evaluated and tabulated following the guidelines published in the IFB. Master Mechanical was the sole responsive and responsible Bidder. Consequently, approval of this recommendation to award is requested. Your signature below will indicate approval of this recommendation. DocuSign. by: &tlk.uur NoviuyApproved: 59CE6C3]2DDA. Arthur Noriega V, City Manager November 14, 2023 1 10:40:03 EST Date: c: Natasha Colebrook -Williams, Assistant City Manager, Chief of Operations Jennifer Ramirez, Director, General Services Administration Pablo Velez, Senior Assistant City Attorney Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director, Department of Procurement PR23192 TABULATION OF BIDS IFB 1433386, Air Condition Repair Services, Citywide ABM IIII Building Solutions Master Blizzard Cortez Mechanical Master Mechanical - BAFO PilarServices Premier Temptrol Item Description Est Qty UOM Unit Price Unit Price IMIIIIMEll Unit Price Unit Price Unit Price 1 Regular Labor Rate for Air Condition Repair Services, Monday -Friday, 8:00 AM - 5:00 PM 1 Hour $94.50 $94.50 - 2 Hourly Labor Rate for Air Condition Repair Services, Weekends, Holidays, and Monday Friday, 5:00 PM - 8:00 AM 1 Hour - - $125.00 $125.00 3 Quarterly Report e Hour - - $425.00 $425.00 Total Prepared by: Teresa Soto, August 2023 $644.50 $644.50 Non- Non- Non- Successful Best and Final Non- Non- Non - Responsive Responsive Responsive Bidder Oiler Responsive Responsive Responsive Approved by: '...Director or Designee DIVISION OF CORPORATIONS DIVE101 Of ,1/./91.orgC' vD rrtJ�r an u/tidal 3fa ie of Florida w ebsite lepartment of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Profit Corporation MASTER MECHANICAL SERVICES, INC. Filing Information Document Number P94000002666 FEI/EIN Number 65-0460474 Date Filed 01/11/1994 State FL Status ACTIVE Last Event REINSTATEMENT Event Date Filed 11/09/1995 Principal Address 15181 NW 33 PL MIAMI, FL 33054 Changed: 12/12/2008 Mailing Address 15181 NW 33 PL MIAMI, FL 33054 Changed: 12/12/2008 Registered Agent Name & Address PINNA, JOANN 49 NE 158 ST MIAMI, FL 33169 Address Changed: 02/22/1999 Officer/Director Detail Name & Address Title P PINNA, JOANN 49 NE 158TH ST. MIAMI, FL 33162 Title VPD PINNA, WILLIAM 49 NE 158 ST. MIAMI, FL 33162 Title TREASURER PINNA, SEAN C 18241 NW 85 AVE. MIAMI, FL 33015 Title SECRETARY FLOWERS, WILLIAM S 15220 S RIVER DR MIAMI, FL 33169 Title D PINNA-FLOWERS, TINA M 15220 S RIVER DRIVE MIAMI, FL 33169 Annual Reports Report Year Filed Date 2021 01/12/2021 2022 02/11/2022 2023 01/13/2023 Document Images 01/13/2023 --ANNUAL REPORT 02/11/2022 --ANNUAL REPORT 01/12/2021 --ANNUAL REPORT 01/02/2020 --ANNUAL REPORT 04/08/2019 --ANNUAL REPORT 01/09/2018 --ANNUAL REPORT 01/09/2017 --ANNUAL REPORT 01/08/2016 --ANNUAL REPORT 01/27/2015 --ANNUAL REPORT 04/02/2014 -- AMENDED ANNUAL REPORT 01/08/2014 --ANNUAL REPORT 01/16/2013 --ANNUAL REPORT 01/16/2012 --ANNUAL REPORT 02/17/2011 --ANNUAL REPORT 01/08/2010 --ANNUAL REPORT 01/09/2009 --ANNUAL REPORT 01/08/2008 --ANNUAL REPORT 01/04/2007 --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 01/10/2006 --ANNUAL REPORT 01/19/2005 --ANNUAL REPORT 02/06/2004 --ANNUAL REPORT 03/17/2003 --ANNUAL REPORT 02/19/2002 --ANNUAL REPORT 03/29/2001 --ANNUAL REPORT 03/07/2000 --ANNUAL REPORT 02/22/1999 --ANNUAL REPORT 03/16/1998 --ANNUAL REPORT 04/02/1997 --ANNUAL REPORT 08/13/1996 --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 Florida Department of State, Division of Corporations City of Miami Invitation for Bid (IFB) Procurement Department Miami Riverside Center 444 SW 2°a Avenue, 6th Floor Miami, Florida 33130 Web Site Address: www.miamigov.comlprocurement IFB Number: Title: Issue Date/Time: 1433386, 3 Air Condition Repair Services, Citywide 05-JUL-2023 @ 9:00 A.M. IFB Closing Date/Time: 22-AUG-2023 @ 3:00 P.M. Pre-Bid/Pre-Proposal Conference: Voluntary Pre-Bid/Pre-Proposal Date/Time: 12-JUL-2023 @ 10:00 A.M. Pre-Bid/Pre-Proposal Location: Virtual Via Microsoft TEAMS Deadline for Request for Clarification: 20-JUL-2023 @ 5:00 P.M. Contracting Officer: Soto, Teresa Contracting Officer E-Mail. Address: TSoto@miamigov:com Contracting Officer Facsimile: (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: M,OS*CX MolAcuAl C! tI f (0- ADDRESS: 151 0 I A 33 P.PI ry11 cxt ,FE_ 3 3 C3.` 14, PHONE I 82 S 3 004 FAX: Sr I ?IS-- L LQ r- EMAIL: hl1QS'4C.YrL.r1i Ccs..a.er+J its, CELL(Optional): s corrt SIGNED BY: TITLE: DATE: g\ u 1i 2.3 FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISQUALIFY THIS RESPONSE. Certifications Legal Name of Firm: MaS C.1 likt_sin cc..n i cai akec!i [o_S , f . . Entity Type: Partnership, Sole Proprietorship, Corporation, etc. evep. Year Established: ictv4 Office Location: City of Miami, Miami -Dade County, or Other Occupational License/Business Tax Receipt Number: 3 Occupational License/Business Tax Receipt Issuing Agency: m ! tan i - back. +-i-Y Occupational License/Business Tax Receipt Expiration Date: Sep .30, 2024 Federal Employee Identification Number ("FEIN"): 1Q — C4 .t Will Subcontractor(s) be used? (Yes or No) Yv 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): Al IA. Y Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (i.e., Addendum No. 1, 01/01/23). If no addendum/addenda was/were issued, please insert N/A. Ptddai 604.441 41 712 4z.3 rddenc sn'/4/ .3 A dden d u.rn 3, 8 / 2/2 3 If Bidder has a Local Office, as defined under Chapter 181Article III, Section 18-73 of the City Code, has Bidder filled out, notarized, and included with its bid response the "City of Miami Local Office Certification" form? YES OR NO? (The City of Miami Local Office Certification form is located in the Documents Section of BidSync) /AID - it/A. Reference No. 1: Name of Company/Agency for which bidder is currently providing the services/goods as described in this solicitation, or has provided such services/goods in the past: I. air o.,chRed;t' - i� eS Mc ,trnze " Reference No. 1: Address, City, State, and Zip for above reference company/agency listed: 1�33 fed IY iarm. 12meli, - 33 / 3 q Reference No. 1: Name of Contact Person and Telephone Number for above reference No. 1 () I q a Su.nc+ez 305/ (a-7-3 -moo x 2_2-5 Q Reference No. 1: Date of Contract or Sale for above reference No. 1 P-the_vio-1 2/ 123 - zi7 sJ2 4 Reference No. 2: Name of Company/Agency for which bidder is currently providing the services/goods as described in this solicitation, or has provided�such services/goods in the past: 411 err en etv not CrGe- Re erence No. 2: Address, City, State, and Zip for above reference company/agency listed: 0C� West C pa5 R0 Cocoh.LLf' �YE7 R-.3 (03 Reference No. 2: Name of Contact Person and Telephone Number for above reference No. 2 T a , s 1043 q -q qs (0-. ig53 Reference No. 2: Date of Contract or Sale for above reference No. 2 4J,€1.1z2-7 '4113(7s Reference No. 3: Name of Company/Agency for which bidder is currently providing the services/goods as described in this solicitation, or has provided such services/goods in the past: Reference No. 3: Address, City, State, and Zip for above reference company/agency listed: 100 AJ Pin drei" S ,i'„ L,ruatecl aec, 3301 Reference No. 3: Name of Contact Person and Telephone Number for above reference No. 3 qS 4 f g 2 57- ,SI CQ S i f v'i r. Flynn Reference No. 3: Date of Contract or Sale for above reference No. 3 Invitation for Bid (IFB) 1433386 IMPORTANT NOTICE TO BIDDERS • 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 FORMAT, NO OTHER FILE FORMATS WILL I3E ACCEPTED BY THE CITY. • ATTACHMENTS FILES SHALL BE NO MORE THAN 500MB IN SIZE EACH, SHOULD THERE BE A NEED TO 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 800-990-9339, SUPPORT.BIDSYNC.COM, OR VIA EMAIL AT SUPPORT(i BIDSYNC. COM. Attachment B — Bid Price Sheet -Revised IFB 1433386 Air Condition Repair Services, Citywide No. Line Items Description Quantity Unit Total Unit Cost 1 Regular Labor Rate for Air Condition Repair Services, Monday — Friday, 8:00 AM — 5:00 PM 1 Hour $ 94. o 2 Hourly Labor Rate for Air Condition Repair Services, Weekends, Holidays, and Monday — Friday, 5:00 PM — 8:00 AM 1 Hour $ j /2. 5. OCR Quarterly Report 1 Hour $ 1.../ 2 S. cc Tag of AIa2TCt ANNIE PEREZ, CPPO ARTHUR NORIEGA V Director of Procurement City Manager 1e ! II �r1y5=. ADDENDUM NO. 1 IFB 1433386 July 24, 2023 Invitation for Bid ("IFB") Air Condition Repair Services, Citywide TO: ALL PROSPECTIVE BIDDERS: The following changes, additions, clarifications, and deletions amend the IFB documents of the above captioned 1FB 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 and reflect same on the documents you have on hand. The IFB's closing date and time has been changed to Wednesday, August 9, 2023, 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. G a a2 4 ee e2, 6' Annie Perez, CPPO Director/Chief Procurement Officer Procurement Department AP:ts c. Natasha Colebrook -Williams, Assistant City Manager, Chief of Operations Jennifer Ramirez, Director, General Services Administration Christopher Evans, Director, Parks and Recreation 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: w �v:� �� I s j I .{, DATE: ?1-1-11 c23 SIGNATURE: Tag' of Aliattri ANNIE PEREZ, CPPO ARTHUR NORIEGA V Director of Procurement City Manager I. s, o�e,y II rr�ll��,4 ADDENDUM NO. 2 IFB 1433386 August 4, 2023 Invitation for Bid ("IFB") Air Condition Repair Services, Citywide TO: ALL PROSPECTIVE BIDDERS The following changes, additions, clarifications, and deletions amend the IFB documents of the above captioned IFB and shall become an integral part of the Contract Documents. 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 B - Bid Price Sheet has been deleted in its entirety and is hereby replaced with Attachment B - Bid Price Sheet - Revised and can be found in the Document Section of Bidsync. B. Attachment C — Master List — Parks, has been added to the Solicitation and can be found in the Document Section of BidSync. C. Section 2.35 Parts at Pass Through Cost has been deleted in its entirety and is hereby replaced with the following language: Section 2.35 Equipment/Supplies Mark-up The Successful Bidder shall be limited to a maximum of 20% markup according to the pricing schedule below, on all equipment/supplies sold to the City of Miami ("City") according to the pricing the Successful Bidder paid. The tiered markup shall be: Tier 1, up to $1,000, 20%, Tier 2, $1,000 - $5,000, 15%, Tier 3, $5,000 - $10,000, 10%, and Tier 4, >$10,000 5% markup. Successful Bidder shall submit the manufacturers pricing list ("MPL") on an excel spreadsheet, when requested by the City, with current SKU or Item Numbers, Description of Item, Manufacturers Price, Markup Percentage, and Contract Price. The markups offered as a result of this IFB are for the purchase of individual items. The following is an example of a pricing list: Sample MPL SKU Description Manufacturers Price Markup Contract Price A-156958 AC XXXX $1,000 +20% $1,200 A-156853 AC XXXX $2,500 +15% $2,875 S-74659 AC XXXX $7,000 +10 % $7,700 A-12345 AC XXXX $11,000 +5% $11,550 1 D. Section 2.61 Equitable Adjustment has been added to the Solicitation: The Procurement Department may, in its sole discretion, make an equitable adjustment in the contract terms and/or 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 affects the Successful Bidder that continued performance of the contract would result in substantial loss. Successful Bidder shall supply documentation to justify any requested percentage increase in cost to the City of Miami. E. Section 3.1 Specifications/Scope of Work has been deleted in its entirety and is hereby replaced with the following language: Section 3.1 Specifications/Scope of Work Successful Bidder shall provide all labor, parts, materials, and equipment, necessary for air conditioning repair services, Citywide. The repair services, include, but are not limited to, package units and condensing units. The City reserves the right to add additional items, services, products, suppliers, and facilities as needed. This is a Citywide contract, inclusive of Parks, except for the following Parks which are not included in this Solicitation: 1. Jose Marti Park Gym; 2. Little Haiti Cultural Center; 3. Moore Park; and 4. West End Park. Refer to Attachment C — Master List — Parks for the list of City of Miami Parks. Repair Services Repairs shall be performed at the hourly rate specified on the Bid Price Sheet. The hourly rate specified shall include full compensation for labor, equipment use, and travel time. Materials/parts required for repair jobs shall be billed as stated in Section 2.35 Equipment/Supplies Mark -Up. 1. Response time for repair jobs will be four (4) hours for non -emergency services, and one (1) hour for emergency services. Failure by the Successful Bidder to adhere to these response times will place the Successful Bidder in default of Contract; 2. Repair services shall be available to the City twenty-four (24) hours a day, seven (7) days a week, year-round. Repairs shall not be performed unless expressly authorized by the Project Manager or designee; 3. The City reserves the right to seek cost estimates from the Successful Bidder prior to the performance of any repair work. Quotes will be provided at no additional cost to the City. All invoices for repairs shall itemize the cost of labor, materials/parts, including the hourly rate, number of work hours required to complete work, and the Successful Bidder's actual cost for materials/parts; 2 In addition to the above, the Successful Bidder shall: 1. Record pertinent system data alarm codes, pressures, temperatures, electrical readings necessary to determine the existing operating conditions of the system and provide proactive recommendation of possible future problems; 2. Furnish a service ticket after each service call; 3. Furnish a quarterly report to include but not limited to, parts repaired during the quarter, service tickets for the quarter, repair detail, name of park, date of service, and work order #. The quarterly report shall also include on the overall operating system conditions with recommendations for improvements as needed, to include projected cost of future repairs; and 4. Perform all repairs with Original Equipment Manufacturer (OEM) equipped service vehicle to minimize down time. Note: City reserves the right to seek out cost quotes of parts from the Successful Bidder and other companies. In Accordance with Section 2.7, Bidder's Minimum Qualifications, Bidder(s) shall submit with their Bid submittal the following: 1. Current Class A Air Conditioning Contractor's License, or a Mechanical Contractor's License; 2. EPA 608 Technical Program Certification; and 3. Signed Certification Statement with three (3) references, for your firm for projects within the past three (3) consecutive years, evidencing the minimum three (3) consecutive years' experience in the specified work herein. Failure to submit the above licenses, certifications, and signed Certification Statement with three (3) references for your firm with your Bid submittal, shall render your Bid non- responsive. Notes: 1. The Successful Bidder shall not contract OEM; 2. All maintenance shall be done by the City "in-house"; 3. Any damage to any newly completed or in progress work will be the sole responsibility of the Successful Bidder to fix at no additional cost to the City. No time extension will be granted for any delays related to such damage; and 4. After award, the Successful Bidder shall agree that all cost proposals shall be submitted to the Project Manager or designee within three (3) working days. *Note: Additional repairs outside the scope of work must be reported to the Project Manager or designee prior to the commencement of repair. No work shall be completed without the written approval of the Project Manager or designee. 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. 3 The Successful Bidders) 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)'s expense. F. The following is the City's response to questions received from prospective Bidders: Q'l. Does this IFB contain maintenance? Al. No. This IFB is for repair services only. Maintenance will be performed in house by the City. Q2. Is a Quarterly Report required to be submitted by the Successful Bidder for repair services? A2. Yes. A Quarterly Report shall be submitted by the Successful Bidder, and it shall include all service tickets for the quarter, repair, location, date of service, and work order #'s. Q3. Are any of the City of Miami Parks with chillers included in this Solicitation? A3. No. The Parks with chillers are not included in this Solicitation? Q4. Is a service ticket required to be submitted by the Successful Bidder? A4. Yes. A service ticket must be submitted after each service call. Q5. Are control repairs included in this Solicitation? A5. No. Control repair services will be done by the Control company. Q6. Can the Successful Bidder use the City of Miami's Tax -Exempt Certificate to make purchases on behalf of the City? A6. No. The City's Tax -Exempt Certificate can only be used by the City to make purchases directly. ALL OTHER TERMS AND CONDITIONS OF THE IFB REMAIN THE SAME. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE 1FB AND SHALL BE MADE A PART THEREOF. Annie Perez, CPPO Director/Chief Procurement Officer Procurement Department AP:ts c. Natasha Colebrook -Williams, Assistant City Manager, Chief of Operations Jennifer Ramirez, Director, General Services Administration Christopher Evans, Director, Parks and Recreation Pablo Velez, Senior Assistant City Attorney Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director of Procurement 4 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:14(LS Y1CA.Yt1 aJ QJ' ca.S ATE: 1-23 SIGNATURE: 5 ANNIE PEREZ, CPPO Director of Procurement Iit - of Atianti ADDENDUM NO. 3 ARTHUR NORIEGA V City Manager IFB 1433386 August 8, 2023 Invitation for Bid ("IFB") Air Condition Repair Services, Citywide TO: ALL PROSPECTIVE BIDDERS: The following changes, additions, clarifications, and deletions amend the IFB documents of the above captioned IFB and shall become an integral part of the Contract Documents. 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 and reflect same on the documents you have on hand. The IFB's closing date and time has been changed to Tuesday, August 22, 2023, 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. C/ 4. �� Qit7.P�tew. ,�92 Annie Perez, CPPO (� Director/Chief Procurement Officer Procurement Department AP:ts c. Natasha Colebrook -Williams, Assistant City Manager, Chief of Operations Jennifer Ramirez, Director, General Services Administration Christopher Evans, Director, Parks and Recreation 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: 0$446y ,� At U;(111/ DATE: Q' 1L) 1Z3 SIGNATURE: ANNIE PEREZ, CPPO Director of Procurement September 21, 2023 Tina Pinna Master Mechanical Services, Inc. 15181 NW 33 Place Miami, FL 33054 RE: BEST AND FINAL OFFER ("BAFO") — REPAIR SERVICES, CITYWIDE Dear Ms, Pinna, Ah ARTHUR NORIEGA V City Manager SENT VIA EMAIL info) mastermechanicalservices.com INVITATION FOR BID ("IFB") 1433386, AIR CONDITION The City of Miami ("City") is in receipt of the bid submitted by Master Mechanical Services, Inc., ("Master Mechanical") in response to Invitation for Bid ("IFB") No. 1433386, Air Condition Repair Services, Citywide. Master Mechanical is the sole responsive and responsible Bidder. Pursuant to Section 18-85 of the City of Miami Code, the City has the authority to negotiate for better pricing or re -bid, whichever is in the best interest of the City. The City hereby requests that you carefully analyze your bid price for any cost savings you can in turn extend to the City; and provide what is considered your firm's "best and final offer" as it pertains to your cost to provide air condition repair services, Citywide. Master Mechanical's response to this notice shall be returned to the attention of Ms. Teresa Soto, via fax to (305) 400-5024, or via email at tsoto@a miamnov.com, by no later than 5:00 P.M., on Monday, September 25, 2023. Please indicate your firm's best and final offer in the spaces provided in the last column of this table' Line Number Line Description Unit Price Number of Units Unit Price (Best and Final Offer) 1 Regular Labor Rate for Air Condition Repair Services, Monday -Friday, 8:00 AM — 5:00 PM $94.50 1 a,4 . 5c 2 Hourly Labor Rate for Air Condition Repair Services, Weekends, Holidays, and Monday -Friday, 5:00 PM — 8:00 AM $125.00 1 12S , n p 3 Quarterly Report $425.00 1 +i 2.5„ 00 Please sign and date below to certify your response I rY1a ema,„.~Flow'C.'S Print Name Title Sincerely, yac:/.44_sea-APe4 z,�Annie Perez, PO Director/Chief Procurement Officer Department of Procurement AP:ts, Signature ?]zt I23 Date Local Business Tax Receipt Miami —Dade County, State of Florida -THIS IS NOT ABILL -DO NOT PAY 4549821 BUSINESS NAME/LOCATION MASTER MECHANICAL SERVICES INC 15181 NW33RDPL MIAMI GARDENS, FL 33054-2400 OWNER MASTER MECHANICAL SERVICES INC WII I JAMS R Fl C)WFRE (]11AI JFIFIR Worker(s) 4 M®tame RECEIPT NO. RENEWAL 4749843 (LBTJ EXPIRES SEPTEMBER 30, 2024 Must be displayed at place of business Pursuant to County Code Chapter BA - Art. 9 & 10 SEC. TYPE ®1= BUSINESS 196 GENERAL MECHANICAL CONTRACTOR CMC057200 PAYMENT RECEIVED 13Y TAX COLLECTOR 45.00 07/06/2023 INT-23-391491 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 an all commercial vehicles - Miami -Bade Code Sec Ra-276. For mere information, visitwww.miamidade.govftaxeofleotor Ron DeSantis, Governor Melanie S. Griffin, Secretary STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD THE MECHANICAL CONTRACTOR HEREIN -IS CERTIFIED UNDER THE PROVISIONS OF CHAPTER 489FLORIDA STATUTES FLOWERS, VII LL IA [BHA' MASTER MECHANICAL SERVICES INC 15181 NW 33 PLACE MIAMI- FL 33054 LICENSE NUMBER::-CMC057200 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. Florida State of Florida Department of State I certify from the records of this office that MASTER MECHANICAL SERVICES, INC. is a corporation organized under the laws of the State of Florida, filed on January 11, 1994. The document number of this corporation is P94000002666. T further certify that said corporation has paid all fees due this office through December 31, 2023, that its most recent annual report/uniform business report was filed on January 13, 2023, and that its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Thirteenth day of.ianualy, 2023 Tracking Number: 1001740626CC To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. http s://services.sunbiz.org/Filings/CertiiicateOfStatus/CertificateAuthentication Page 1 of 2 2023061521314062 - 00392 niarnidade.gov OFFICIAL DOCUMENT Permit No: APCF-004001-2023/2024 (CERT)-NR Permit Issued To: MASTER MECHANICAL SERVICES, INC. Facility Location: 15181 NW 33 PL MIAMI GARDENS, FL 33054- Contact Name/Address: Attn: Joann Pinna MASTER MECHANICAL SERVICES, INC. 15181 NW 33 PL MIAMI, FL 33054- Regulatory and Economic Resources Environmental Resources Management 701 NW 1st Court • 7th Floor Miami, Florida 33136-3912 T 305-372-6600 F 305-372-6893 STRATOSPHERIC OZONE PROTECTION ANNUAL OPERATING PERMIT DESCRIPTION OF FACILITY/EQUIPMENT This document, issued under the provisions of Chapter 24, Miami -Dade County Environmental Protection Ordinance, shall be valid from 01-JUL-2023 through 30-JUN-2024. The above named permittee is hereby authorized to operate the pollution control facility that consists of the following: The permittee is authorized to handle and purchase refrigerants containing ozone -depleting compounds utilized in refrigeration systems. This facility is subject to conditions listed below and in the following pages (if any) of this permit. SPECIFIC CONDITIONS 1. This permit only authorizes the permittee to handle and purchase in Miami -Dade County those refrigerants classified under the Clean Air Act as containing ozone -depleting compounds. The purchase of such refrigerants in Miami -Dade County shall only be • conducted through distributors permitted by the Department. The bulk sale of refrigerants is not authorized. Only the sale of refrigerants by the pound during repair and service is acceptable. For the listing of ozone -depleting compounds and information on the phase out of these compounds, please visit the following USEPA internet site: https://www.epa.govlozone-layer- protection . 2. This permit shall not be considered an authorization to install, service, repair, salvage or dismantle refrigeration systems. It is the responsibility of the permittee to obtain all required licenses, certifications, permits and/or approvals from the federal, state and local agencies having jurisdiction over said activities. 3. The release of refrigerants containing ozone depleting compounds into the ambient air during installation, service, repair, salvage or dismantling of any refrigeration system is prohibited. Exceptions to the refrigeration release prohibition are covered under Sections 608 and 609 of the Clean Air Act. Refrigerants must be recovered and recycled using USEPA approved equipment. Refrigerants that are recovered for reclamation shall be stored in DOT approved containers. 4. Refrigerants shall only be handled by technicians holding a valid certification issued in accordance with the requirements of Section 608 of the Clean Air Act. 5. Al! refrigerant recovery/recycling equipment must be properly maintained to ensure continued operating efficiency of at least 90% refrigerant recovery. The permittee shall demonstrate that recovery/recycling equipment is in good working condition, when requested by Department personnel. 6. Fora minimum of two (2) years, the permittee shall maintain records documenting the handling of refrigerants that shall include the following: (i). Quantities and types of refrigerants purchased including the date of purchase; (ii) The name and address of the customer whose refrigeration system was serviced; (ili) Amount of refrigerant used (added to the unit) and amount of refrigerant(s) recovered/recycled; (iv) In the event that the recovered refrigerant is recycled and charged back into the refrigeration system, a statement regarding the refrigerant recovery, recycle and recharge must be included in the records; (v) Address of the reclaiming facility where the refrigerant was sent for reclamation; (vi) Dates and invoices for the transaction of the Lisa M. Spadafina, Director Division of Environmental Resources Management (DERM) Miami -Dade County Department of Regulatory and Economic Resources r Refrig,.. ant Transition and Recovery Certification Program -- Exam Results Mate TJnive'ity Technology Transfer Center This is the official confirmation of your test results on the Refrigeration Transition and Recovery Certification exam, which has been scored by the Technology Transfer Center at Perris State University. In order to obtain certification, you must pass the core exam, in addition to successful completion of each certification. level you wish to obtain Certification types Certification Issue Date: October 8, 1993 • Certification Number: 593402600 Type Il: High Pressure Systems Below 50 Pounds of Refrigerant Type Ill High Pressure Systems 50 Pounds of Refrigerant and Above Minimum Passing Score Your Score Type N: Low Pressure Systems • Core 13 19 Type II 9 14 Enclosed s'rx this envelope is your wallet card and wall certificate, wh;ell specifies Type III 9 12 your certification level. Type IV 9 5 Certificates and cards are printed using automated m erhods. If you find that there is an error in any of your certification please note the correction directly on the certificate and card. Return all incorrect maretial, to the address below, and a new certificate and card will be issued to you. Any question, orcomzuents concerning your test score or the testing process should be directed in writing to: Refrigerant Certification Exam., Technology Transfer Center 1020 East Maple Street, Big Rapids, Michigan 49307-1649 Retest Options If you didnot successfully complete the•exam, or would like to repeat or attempt additional exam sections, the following exam retest options are available to you. 1. Contact the provider of your first test to determine if and when future test dates are available. 2. Contact Drake Training and. Technologies at 800.578-EXAM. Drake provides a computerized version ofthe Refrigerant Transition and Recovery Certification Exam. at over 200 sites throughout the United States. When arranging for your test date, be sure to specify that you will be taking a retake exam.. 3. Contact the Air Conditioning Contractors of America at 202-483-9370 to learn wbicli. ACCA chapters or community colleges in your area participate it this certification program. Ferris Stare University does not provide exam retests directly to individual program participants, but only through ACCA-registered em, proctors. Based on the results of your scores, you are certified in the following area(s): Type11,111 SEAN C PINNA 16915 NW 52 PLACE MIAMI FL 33065 Ce,,fifieafe of C_9rnptetion ie1rJs Mate Refr"tgeraf lransitlon and Recovery UillVaigity Le if"canton Program �(JCrsifcc49441 ctmnpetion gf the Refrigerant iraRsd end 60'044 wise and tests, tEtis 4ldiVId44 has beeo granted reooc9nikion pc.v.„ erg oAti, >;211 ,iii{he fOlowie9 areas of commerCtai service WILLIAM E PINNA 262962311 Type II, Ill Certifu on Plumber Categories nmirus'�+s;1.L`•'6Tau°d�trE':iEi:�'" and Recover" �T'"w urea "--...�.�.x y=Von Program Exam F; R;is This is the of it', results of the 'ie -:on Tran&lon dad Recovery CeI'-r at .._ Exam which. has been c according to Sect der ;C7o .c „� C�-p1eteo.3GC4r'a�a ozYS(3$bT�].e�`i2,371�i7,'.�C�.�.4aC7£:,' j c t ac-to=, pacipa-nts must ob a pass score iw the core ex along vriiC4+ s g score earn at;.ter pte;': certification level ex. r ....r,�' airy ", score of 2. retopass a s section. Lfyen 2.erece_ gresur'tsofaretestexams,ram t:igb;st score for eaoh section is used to de te° -. e yo.µ cr fcajo . Cer `� �,n:, des s 9 ecl by Section 668 of's'e C .k i Acres Type L Sniait apoliauce2 w;;h 5 poon& or less of refgera7.t pe ,Fh pressure end velykgb.press- apps`x�n� s Type Low pressure a°pk''1'.<*rees Uthexa : Cer &at on in TYpe. 1, r, and F C trtfrates and cards are pelted using attomated. methods_ Check your cer ratio , a1 care Ty be errm your axe and oe caon n' bee is cozect. If a4 e o. exists, note t;se co;.re^,tioµ directly or, the card and certificate «CICii:S5be�OF4'. $�p��.-�.ent*rra` srai r 2�..dre ooi�.3tes"i.s to �e a w. i be pa d at no cost. The te_*' i r7tior, d. mast Be ram*. tee : before replacsaerat tioeummuts 72 he reissued. If yotu card becomes _lost o: replacement cards are avai blea,acostof$I0.Contactrerjs State University, and askfor• a Regnest for Cortioate Repot farms.. Retest Optior. J Ifyondid rotsuccessshlycompletetQeexam,orwould. i torepeat orattempt addidonal ex.sm sections, the following e xazo retest options are available to yot:. IJ I. Convect the provideof you frstt..est to deteme if t' t re test dates ate available. 1 2. Contact Drake Training an3 technologies at Boo. 578 '. �e provides a computerized versionoz'c eRe g= tTransitionandRecovery it rdi cation'Exam I at o verr2JJ sites t?rongaoatthe United Sees_ When at, " g for yotr test date, be sure to specify that you will be taking a retake exam. iS. Coftactthe SirGondiiiordzg Contactors of leaden 202-483.9370 to 1e zn, which • ACCA chapters or com...,..--anity colleges in yarn- arta pa cipzte °n. this c ni i Ji Regis State T _iversity does not wide exam retests directly to individual programs. '� p3i�C1 tS n p k.,p , but only through ,� `cA red s ere`d exa proctors or Drake = ,,,� Q evhnoleg es. -� nb and N Penis State Uhiversity'1 t C NO Fog t IVIapie Street Big Rapids, Michigan. 49307-1676 Moue: 61.6-592..5800 Faax. 616-7961448 • a Cur ii icatio`l issue Date: August 24,. 1998 Test Date: .08- 5-98 Certification Number. 593804390 Core Type Type ii Type Hi Minimum ;:mum Passing Score 18 Score Th Is est Combined Scores 19 17 2^ Basest on the results of your combined scores, you are certified in the following areas): 18 18 18 Type 11 TINA Nf FLOWERS 441 NW 152 ST MIAMI FL 33169 17 16 -17,5'e:U: bx. SAC L.Lo2 yw pf �+- re..,.xyu r4 rAr�;e, �`+D'�%A G.It :l ',; t "rrznova'[ac �.V4 a d 5 ec 4 et criffI of P vgr e•`rn Exam Resuit8 finis is the oocjal restas of the Retigeralion Trzosion and Recovery Cent.• catzon tExam, which has been completed horn ; to Section 608 of the Dean o ..ArActIn orderacep catorr :st obtain a pas ng score ha the core exam, along * a paste scores each a'&meted oefi on level ex �. 4. r=r;,trr- --- s.a�,., 5 is r�..ri to ��.. scox,a �� ILS pass each _ „, se ar. f you a"e receiving results of a retest exam, the Idgbest score for each seodon is used to Bete your cepcation„ }pg Cr:,rticittliezt types ar e e y &cam COS of the Ai~ Act: e 1': Smaij lik Trre app.,,..,,,ces �,iz �' pomcts or less oicreg,,nt rre turn.. atgh p"Ci sm-e .'�.4 Je y ressmm applimces Type pi Low pressz e applies ;c :s Universal: Cer cation' Trot 1, .LT, and i > Certificates and cams am prated using automated methods. Cbec otz certification. gte.� al carefrIiy to he stye yob name c t oe ei`,�:.�c:3.oL user is �'' xeC% If an moo:*° exists, note the corzectzoa directly on tF e o=d and cent- .cafe, and return both items to the address Below. Replacement materlais will be p ted at no cost. The ce . 'tis n card mast be rammed before realacement dOCara will Toe. re.sa-ael If yam- card beoomPs?ost or 'damaged, replacement cards are available at a cost of $10,. Co ctP s • State University', and ask fora Request for Certificate Reprint form_ Retest Options Ifyondidnotsuc=sfullycompletet 6 exara,orwoold.3: etorepeat oiat;..napi'addtiona,I exam. sections, the foIoy g exam retest op :ons are available to yam. I. Contact the provider of your first test to determine if fate test dates -am available. 2. Contact Drake Training and .Technic es at 8QQ 578-.E, ;M. Drake provides a co=trtetzethfersionoftheRefrigerentTr;nsitionandR ver-yezrt;licP-onExa,r, atover 2G0 sites >ko o we United Stetw, When a4.7.a rag forgo t date be sz<ze to specify that you w!fl be to i rag a retake exam. ' 3. Contact the A rrCondi on agCoatactorrsox-A.,nerica.at.2G2- .85-.9370toiearn.which ACC chapters or co*n-mtzdty colleges in yo n m•ia p•acipate in this crt cation PilDgErz- 1" State T"nive-ity does not provide exam.retests directly to 'individual program partic ants, but only through ACCA-reg,.stered exain proctors or Drake eChnoioees. = and Ferris Sate liniversityfTTC 1.020 East Menlo Su.cer Big Rapids lvichi Tg4 d 7 5 hone: 81 i- y�-ytStlU 93f}7 75 Fax: 616-796-1448 Certification tssu8 Date: August 24, 1998 Test Date: 08-15-98 Certification Number: 264819825 Gore Type s Type Type Eli :Minimum Passing Score 18 18 18 Score ti This Combined Test Scores e 1 1 21 18 18 17 18 18 17 Based on the results of your combined scores, you are certified in.the foilowina areas): Type WILLIAiM S FLOWERS 441 Imo' 152 ST iMIAMI FL 3a189 5 City of Miami Invitation for Bid (IFB) Procurement Department Miami Riverside Center 444 SW 2ndAvenue, 6th Floor Miami, Florida 33130 Web Site Address: www.miamigov.com/procurement IFB Number: Title: Issue Date/Time: 1433386, 3 Air Condition Repair Services, Citywide 05-JUL-2023 @ 9:00 A.M. IFB Closing Date/Time: 22-AUG-2023 @ 3:00 P.M. Pre-Bid/Pre-Proposal Conference: Voluntary Pre-Bid/Pre-Proposal Date/Time: 12-JUL-2023 @ 10:00 A.M. Pre-Bid/Pre-Proposal Location: Virtual Via Microsoft TEAMS Deadline for Request for Clarification: 20-JUL-2023 @ 5:00 P.M. Contracting Officer: Soto, Teresa Contracting Officer E-Mail Address: TSoto@miamigov.com Contracting Officer Facsimile: (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 DISQUALIFY 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 Occupational License/Business Tax Receipt Number: Occupational License/Business Tax Receipt Issuing Agency: Occupational License/Business Tax Receipt Expiration Date: Federal Employee Identification Number ("FEIN"): 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, 01/01/23). If no addendum/addenda was/were issued, please insert N/A. If Bidder has a Local Office, as defined under Chapter 18/Article III, Section 18-73 of the City Code, has Bidder filled out, notarized, and included with its bid response the "City of Miami Local Office Certification" form? YES OR NO? (The City of Miami Local Office Certification form is located in the Documents Section of BidSync) Reference No. 1: Name of Company/Agency for which bidder is currently providing the services/goods as described in this solicitation, or has provided such services/goods in the past: Reference No. 1: Address, City, State, and Zip for above reference company/agency listed: Reference No. 1: Name of Contact Person and Telephone Number for above reference No. 1 Reference No. 1: Date of Contract or Sale for above reference No. 1 Reference No. 2: Name of Company/Agency for which bidder is currently providing the services/goods as described in this solicitation, or has provided such services/goods in the past: Reference No. 2: Address, City, State, and Zip for above reference company/agency listed: Reference No. 2: Name of Contact Person and Telephone Number for above reference No. 2 Reference No. 2: Date of Contract or Sale for above reference No. 2 Reference No. 3: Name of Company/Agency for which bidder is currently providing the services/goods as described in this solicitation, or has provided such services/goods in the past: Reference No. 3: Address, City, State, and Zip for above reference company/agency listed: Reference No. 3: Name of Contact Person and Telephone Number for above reference No. 3 Reference No. 3: Date of Contract or Sale for above reference No. 3 Invitation for Bid (IFB) 1433386 IMPORTANT NOTICE TO BIDDERS • 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 FORMAT, NO OTHER FILE FORMATS WILL BE ACCEPTED BY THE CITY. • ATTACHMENTS FILES SHALL BE NO MORE THAN 500MB IN SIZE EACH, SHOULD THERE BE A NEED TO 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 800-990-9339, SUPPORT.BIDSYNC.COM, OR VIA EMAIL AT SUPPORT@B IDSYNC. COM. Invitation for Bid (IFB) 1433386 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. METHOD OF AWARD 2.6. CONDITIONS FOR RENEWAL 2.7. BIDDER'S MINIMUM QUALIFICATIONS 2.8. REFERENCES 2.9. CERTIFICATE OF COMPETENCY 2.10. SUBCONTRACTORS SHALL BE IDENTIFIED 2.11. SUBCONTRACTOR(S)'S MINIMUM REQUIREMENTS 2.12. LOCAL OFFICE PREFERENCE 2.13. PUBLIC ENTITY CRIMES 2.14. EMPLOYEES 2.15. EMERGENCY CONTACT 2.16. LEVEL II BACKGROUND CHECKS 2.17. INSURANCE REQUIREMENTS 2.18. PAYMENTS RELATED TO GUARANTEE OBLIGATIONS 2.19. PERFORMANCE 2.20. GENERAL REQUIREMENTS 2.21. CURES 2.22. SUBMISSION AND RECEIPT OF BIDS 2.23. CITY OF MIAMI LIVING WAGE ORDINANCE 2.24. TIE BIDS 2.25. NON -APPROPRIATION OF FUNDS 2.26. PROJECT MANAGER 2.27. EMERGENCY SERVICE/CONTACT 2.28. FIXED AND FIRM PRICING (FOR LABOR ONLY) 2.29. HOURLY REPAIR RATES 2.30. LICENSES AND PERMITS 2.31. WORKMANSHIP AND MATERIALS 2.32. LABOR, SUPERVISION, AND EQUIPMENT 2.33. NOTIFICATION TO PERFORM WORK 2.34. PERSONNEL 2.35. EQUIPMENT/SUPPLIES MARK-UP 2.36. WARRANTY, FITNESS FOR PURPOSE 2.37. PRIMARY CLIENT (FIRST PRIORITY) 2.38. DELAYS 2.39. ACCEPTANCE OF WORK 2.40. FORCE MAJEURE 2.41. USE OF PREMISES Invitation for Bid (IFB) 1433386 2.42. CITY OCCUPANCY 2.43. DAMAGES 2.44. SPECIFICATION EXCEPTIONS 2.45. SAFETY MEASURES 2.46. PUBLIC CONVENIENCE AND SAFETY 2.47. SAFETY PRECAUTIONS 2.48. FINAL CLEAN-UP 2.49. COMPLETED WORK 2.50. QUALITY OF WORK 2.51. EXAMINATION OF WORK 2.52. DOCUMENTATION 2.53. INVOICING 2.54. METHOD OF PAYMENT 2.55. ADDITIONS/DELETIONS OF FACILITIES/PRODUCTS/ITEMS/SERVICES/SUPPLIERS 2.56. FAILURE TO PERFORM 2.57. LIQUIDATED DAMAGES 2.58. DISCONTINUATION OF EQUIPMENT 2.59. TERMINATION 2.60. ADDITIONAL TERMS AND CONDITIONS 2.61. EQUITABLE ADJUSTMENT 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK Terms and Conditions 1. General Conditions Invitation for Bid (IFB) 1433386 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) 1433386 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. 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 Invitation for Bid (IFB) 1433386 are not submitted in a timely manner and in the form required by the City. Where Bidder is found non -responsive, the City, through action taken by the Department of Procurement, will void its acceptance of the Bidder's Response and may accept the Response from the next lowest responsive, responsible Bidder most advantageous to the City or may re -solicit for the goods/services. The City, at its sole discretion, may seek monetary restitution from Bidder and/or its bid bond or guaranty, and/or similar security, if applicable, as a result of damages or increased costs sustained as a result of the Bidder's failure to satisfy the City's requirements. D. The term of the Contract shall be specified in one of three documents which shall be issued to the Successful Bidder. These documents may either be, a Purchase Order, Notice of Award, and/or Contract Award Sheet. E. The City reserves the right to automatically extend this Contract for up to one hundred eighty (180) calendar days beyond the stated Contract term, in order to provide City departments with continual service and supplies while a new Contract is being solicited, evaluated, and/or awarded. If the right to extend is exercised, the City shall notify the Successful Bidder/Contractor, in writing, of its intent to extend the Contract in accordance with the existing terms and conditions for a specified number of days. Additional extensions beyond the first one hundred eighty (180) day extension may occur, if, the City and the Successful Bidder/Contractor are in mutual agreement of such extensions. F. Where the Contract involves a single shipment of goods to the City, the Contract term shall conclude upon completion of the expressed or implied warranty periods. G. The City reserves the right to award the Contract on a split -order, lump sum, individual -item basis, or such method of award in the best interest of the City, unless otherwise specified. H. A Contract may be awarded to the Successful Bidder/Contractor by the City Commission based upon the minimum qualification requirements reflected herein. 1.11. BID BOND/ BID SECURITY - A cashier's or certified check issued by a bank authorized to transact banking business in Florida, or a Bid Bond/Bid Security signed by a surety company that is licensed to do business in the State of Florida, payable to the City of Miami, for the amount as specified in the bid, is required from all Bidders, if so indicated under the Special Conditions. This check or bond guarantees that a Bidder will accept the Contract, as bid, if it is awarded to Bidder. Bidder shall forfeit bid deposit to the City, should City award Contract to Bidder and Bidder fails to accept the award. The City reserves the right to reject any and all surety tendered to the City. Bid deposits are returned to unsuccessful Bidders within ten (10) days after the award and Successful Bidder's acceptance of award. If one hundred eighty (180) days have passed after the date of the Formal Solicitation closing date, and no Contract has been awarded, all bid deposits will be returned on demand. 1.12. BID SECURITY FORFEITED LIQUIDATED DAMAGES -Failure to execute a Contract and/or file an acceptable Performance Bond, when required, as provided herein, shall be just cause for the annulment of the award and the forfeiture of the Bid Bond/Bid Security to the City, which forfeiture shall be considered, not as a penalty, but in mitigation of damages sustained which cannot be determined at the time of award. Award may then be made to the next lowest responsive and responsible Bidder, or all Bid responses may be rejected. 1.13. BID RESPONSE FORM - All required forms in the Formal Solicitation should be completed, signed, and submitted accordingly through the BidSync Electronic Portal. Invitation for Bid (IFB) 1433386 1.14. BRAND NAMES - If, and wherever in the specifications, brand names, makes, models, names of any manufacturers, trade names, or Bidder catalog numbers are specified, it is for the purpose of establishing the type, function, minimum standard of design, efficiency, grade, or quality of goods only. When the City does not desire to rule out other competitors' brands or makes, the phrase "APPROVED EQUAL" is added. Unless otherwise specified, any manufacturers' names, trade names, brand names, information or catalog numbers listed in a specification are descriptive, not restrictive, or exclusive. The Bidder shall provide any equipment that meets or exceeds the applicable specifications, including without limitation the following: Equal in every important attribute, to include industry quality measurable standard, quality of product, accessibility of distribution, durability/reliability/dependability and warranty coverage, and the delivery schedule. When bidding an "APPROVED EQUAL", Bidders shall submit, with their response, complete sets of necessary data (e.g., factory information sheets, specifications, brochures, etc.) in order for the City to evaluate and determine the equality of the item(s) bid. The Bidder shall demonstrate comparability, including appropriate catalog materials, literature, specifications, test data, etc. The City shall be the sole judge of equality and its decision shall be final. The City shall determine in its sole discretion, subject to the concurrence of the Project Manager whether goods are acceptable as an equivalent. Unless otherwise specified, evidence in the form of samples may be requested, if the proposed brand is other than specified by the City. Such samples are to be furnished after Formal Solicitation opening/closing, upon request of the City. If samples are requested by the City, such samples must be received by the City no later than seven (7) calendar days after a formal request is made. When "NO SUBSTITUTION" is used in conjunction with a manufacturer's name, brand name, and/or model number, that named item is the only item that will be accepted by the City in that particular instance. 1.15. CANCELLATION -The City reserves the right to cancel this Formal Solicitation before its opening/closing. In the event of cancellation, the Director of Procurement shall notify all prospective Bidders and provide a written explanation for the cancellation. There shall be no recourse against the City for a cancellation made in accordance with this Section. 1.16. CAPITAL EXPENDITURES - Successful Bidder/Contractor understands that any capital expenditures that the Successful Bidder/Contractor makes, or prepares to make, in order to deliver/perform the goods/services required by the City, is a business risk which the Successful Bidder/Contractor must assume. The City will not be obligated to reimburse amortized or unamortized capital expenditures, or to maintain the approved status of any Successful Bidder/Contractor. If Successful Bidder/Contractor has been unable to recoup its capital expenditures during the time it is rendering such goods/services, it shall not have any claim upon the City. 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. Invitation for Bid (IFB) 1433386 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. B1 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. 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 Invitation for Bid (IFB) 1433386 communication regarding Formal Solicitations between, among others: Potential vendors, service providers, bidders, lobbyists or consultants and the City's professional staff including, but not limited to, the City Manager and the City Manager's staff, the Mayor, City Commissioners, or their respective staffs. The provision does not apply to, among other communications: oral communications with the City Procurement staff, provided the communication is limited strictly to matters of process or procedure already contained in the Formal Solicitation document; the provisions of the Cone of Silence do not apply to oral communications at duly noticed site visits/inspections, pre -bid conferences, or public presentations made to the Miami City Commission during a duly noticed public meeting; or communications in writing or by email at any time with any City employee, official or member of the City Commission unless specifically prohibited by the applicable Formal Solicitation documents; or communications in connection with the collection of industry comments or the performance of market research regarding a particular Formal Solicitation by City Procurement staff. Bidders must file a copy of any written communications with the Office of the City Clerk, which shall be made available to any person upon request. The City shall respond in writing and file a copy with the City Clerk's Office, which shall be made available to any person upon request. Written communications may be in the form of an e-mail, or fax with a copy to the City Clerk's Office being required. In addition to any other penalties provided by law, violation of the Cone of Silence by any Bidder shall render any award voidable. A violation by a particular Bidder, lobbyist or consultant shall subject same to potential penalties pursuant to the City Code. Any person having personal knowledge of a violation of these provisions shall report such violation to the State Attorney and/or may file a complaint with the Miami Dade County Commission on Ethics. This language is only a summary of the key provisions of the Cone of Silence. Please review City of Miami Code Section 18-74 for a complete and thorough description of the Cone of Silence. You may contact the City Clerk's Office at 305-250-5360 or clerks@miamigov com, to obtain a copy of same. 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, Invitation for Bid (IFB) 1433386 or agency of the City within the past two years. Bidder further warrants that he/she is not related, specifically the spouse, son, daughter, parent, brother, or sister, to: (i) any member of the Commission; (ii) the Mayor; (iii) any City employee; or (iv) any member of any board or agency of the City. C. A violation of this section may subject the Bidder to immediate termination of any contract with the City, and imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by and subject to action by the Miami -Dade County Commission on Ethics. 1.23. COPYRIGHT OR PATENT RIGHTS - Bidders warrant that there has been no violation of copyright or patent rights in manufacturing, producing, or selling the goods shipped or ordered and/or services provided as a result of this Formal Solicitation, and Bidders agree to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 1.24. COST INCURRED BY BIDDER - All expenses involved with the preparation and submission of Bids to the City, or any work performed in connection therewith shall be borne by the Bidder. 1.25. DEBARMENT AND SUSPENSIONS (SECTION 18-107) - A. Authority and requirement to debar/suspend. After reasonable notice to an actual or prospective Contractual Party, and after reasonable opportunity for such party to be heard, the City Manager, after consultation with the Chief Procurement Officer and the City Attorney, shall have the authority to debar a Contractual Party, for the causes listed below, from consideration for award of City Contracts. The debarment shall be for a period of not fewer than three (3) years. The City Manager shall also have the authority to suspend a Contractual Party from consideration for award of City Contracts if there is probable cause for debarment, pending the debarment 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. Invitation for Bid (IFB) 1433386 6) False certification pursuant to paragraph C below. 7) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which the violation remains noncompliant. 8) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which a civil penalty or fine is due and owing to the city. 9) Any other cause judged by the City Manager to be so serious and compelling as to affect the responsibility of the Contractual Party performing city Contracts. C. Certification. All Contracts for goods and services, sales, and leases by the city shall contain a certification that neither the Contractual Party nor any of its principal owners or personnel have been convicted of any of the violations set forth above or debarred or suspended as set forth in paragraph (b)(5). D. Debarment and suspension decisions. Subject to the provisions of paragraph (a), the City Manager shall render a written decision stating the reasons for the debarment or suspension. A copy of the decision shall be provided promptly to the Contractual Party, along with a notice of said 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. Invitation for Bid (IFB) 1433386 D. Neglecting or refusing to remove materials or perform new work where prior work has been rejected as nonconforming with the terms of the Contract. E. Becoming insolvent, being declared bankrupt, or committing any act of bankruptcy or insolvency, or making an assignment for the benefit of creditors, if the insolvency, bankruptcy, or assignment renders the Successful Bidder/Contractor incapable of performing the work in accordance with, and as required by the Contract. F. Failure to comply with any of the terms of the Contract in any material respect. All costs and charges incurred by the City as a result of a default, or a default incurred beyond the time limits stated, together with the cost of completing the work, shall be deducted from any monies due, or which may become due on this Contract to the Successful Bidder/Contractor. 1.28. DETERMINATION OF RESPONSIVENESS AND RESPONSIBILITY - Each Bid will be reviewed to determine if it is responsive to the submission requirements outlined in the Formal Solicitation. A. Responsive Bid is one which follows the requirements of the Formal Solicitation, includes all documentation, is submitted in the format outlined in the Formal Solicitation, is of timely submission, and has appropriate signatures as required on each document. Failure to comply with these requirements may deem a Bid non -responsive. B. Determination of Responsibility. A Responsible Bidder shall mean a Bidder who has submitted a Bid and who has the capability, as determined under Section 18-95 of the City Code, in all respects to fully perform the Contract requirements, and the integrity and reliability of which give reasonable assurance of good faith and performance. 1) Bids will only be considered from any person or firm who are regularly engaged in the business of providing the good(s)/service(s) required by the Formal Solicitation. Bidder must be able to demonstrate a satisfactory record of performance and integrity, and have sufficient financial, material, equipment, facility, personnel resources, and expertise to meet all contractual requirements. 2) The City may consider any information available regarding the financial, technical, and other qualifications and abilities of a Bidder, including past performance (experience) with the City or any other governmental entity, 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. Invitation for Bid (IFB) 1433386 1.30. DISCREPANCIES, ERRORS, AND OMISSIONS -Any discrepancies, errors, or omissions in the Formal Solicitation, or Addenda (as applicable), should be reported in writing to the City's Procurement Department. Should it be found necessary, a written Addendum will be incorporated in the Formal Solicitation and will become part of the Purchase Order (Contract documents). The City will not be responsible for any oral instructions, clarifications, or other communications. A. Order of Precedence. Any inconsistency in this Formal Solicitation shall be resolved by giving precedence to the following documents, the first of such list being the governing documents. 1) Addenda (if applicable) 2) Specifications 3) Special Conditions 4) General Terms and Conditions 1.31. EMERGENCY/DISASTER PERFORMANCE -In the event of a natural disaster or other emergency, or disaster situation, the Successful Bidder/Contractor shall provide the City with the commodities/services defined within the scope of this Formal Solicitation at the price contained within Bidder's response. Further, Successful Bidder/Contractor shall deliver/perform for the City on a priority basis during such times of emergency. 1.32. ENTIRE BID CONTRACT -The Bid Contract consists of any amendments to the Bid Contract, the Fonnal 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, Invitation for Bid (IFB) 1433386 6) Bid was not executed by the Bidder's authorized agent. The foregoing is not an all-inclusive list of reasons for which a Bid may be rejected. The City may reject, and/or re - advertise for all or any portion of the Formal Solicitation, whenever it is deemed in the best interest of the City. B. Elimination from Consideration. 1) A Bid Contract shall not be awarded to any person or firm which is in arrears to the City upon any debt or contract, or which is a defaulter as surety or otherwise upon any obligation to the City. 2) A Bid Contract may not be awarded to any person or firm which has failed to perform under the terms and conditions of any previous contract with the City or failed to deliver on time, under contracts of a similar nature. 3) A Bid contract may not be awarded to any person or firm who has been debarred by the City, in accordance with the City's Debarment and Suspension Ordinance (Section 18-107) or is currently debarred by the State of Florida or any political subdivision or is on the convicted vendor's list per Section 287.133, Florida Statutes. 135. EXCEPTIONS TO GENERAL TERMS AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS - Exceptions to the specifications shall be listed in the Bid and shall reference the applicable section. Any exceptions to the General Terms and/or Special Conditions shall be cause for a Bid to be considered non -responsive. 136. Freight on Board (F.O.B) DESTINATION -Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the Bidder must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in the bid price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection of Bid. 137. FIRM PRICES - The Bidder warrants that prices, terms, and conditions quoted in its Bid will be firm throughout the duration of the Bid Contract unless otherwise specified in the Formal Solicitation. Such prices will remain firm for the period of performance, or resulting purchase orders, or Bid Contracts. 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) 1433386 B1 City of Miami Living Wage Ordinance. The City of Miami adopted a Living Wage Ordinance for City Service Contracts with a total contract value exceeding $100,000 annually, and that have been competitively solicited and awarded on, or after January 1, 2017, by the City. "Service Contract" means a contract to provide services to the City, excluding, however, professional services as defined by the "Consultants Competitive Negotiation Act" set forth in F.S. § 287.055, and Section 18-87 of the City Code, and/or the other exclusions provided by Section 18-557 of the City Code. Section 18-557 is attached as Attachment A. Please see provisions in Attachment A. If a solicitation requires services, effective on January 1, 2017, Contractors must pay to all its employees, who provide services, a living wage of no less than $15.00 per hour without health benefits, or a wage of no less than $13.19 an hour, with health benefits. This language is only a summary of the key provisions of the City of Miami Living Wage Ordinance. Please review Attachment A, attached hereto, for a complete and thorough description of the City of Miami Living Wage Ordinance. 1.39. GOVERNING LAW AND VENUE - The validity and effect of any Bid Contract as a result of this Formal Solicitation shall be govemed 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 attomey's fees. 1.40. HEADINGS AND TERMS - The headings to the various paragraphs of the Bid Contract have been inserted for convenient reference only and shall not in any manner be construed as modifying, amending, or affecting in any way, the expressed terms, and conditions hereof. 1.41. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) - Any person, firm, or entity that performs or assists the City of Miami with a function or activity involving the use or disclosure of "individually identifiable health information (IIHI), and/or Protected Health Information (PHI), shall comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996, and the City of Miami Privacy Standards. HIPAA mandates for privacy, security, and electronic transfer standards, which include, but are not limited to: A. Use of information only for performing services required by the contract or as required by law; B. Use of appropriate safeguards to prevent non -permitted disclosures; C. Reporting to the City of Miami of any non -permitted use or disclosure; D. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the Bidder and reasonable assurances that IIHI/PHI will be held confidential; E. Making PHI available to the customer; F. Making PHI available to the customer for review and amendment; and incorporating any amendments requested by the customer; G. Making PHI available to the City of Miami for an accounting of disclosures; and Invitation for Bid (IFB) 1433386 H. Making internal practices, books and records related to PHI available to the City of Miami for compliance audits. PHI shall maintain its protected status regardless of the form and method of transmission (i.e., paper records, and/or electronic transfer of data). The Successful Bidder/Contractor must give its customers written notice of its privacy information practices, including specifically, a description of the types of uses and disclosures that would be made with protected health information. 1.42 INDEMNIFICATION -Successful Bidder/Contractor shall indemnify, hold and save harmless, and defend (at its own cost and expense), the City, its officers, agents, directors, and/or employees, from all liabilities, damages, losses, judgements, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Successful Bidder/Contractor and persons employed or utilized by Successful Bidder/Contractor in the performance of this Contract. The Successful Bidder/Contractor shall further, hold the City, its officials, and employees, indemnify, save, and hold harmless for, and defend (at its own cost), the City its officials and/or employees against any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted Work, even if it is alleged that the City, its officials, and/or employees were negligent. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, the Successful Bidder/Contractor shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The Successful Bidder/Contractor expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the Successful Bidder/Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents, and instrumentalities as herein provided. The indemnification provided above shall obligate the Successful Bidder/Contractor to defend, at its own expense, to and through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against the City, whether performed by the Successful Bidder/Contractor, or persons employed or utilized by the Successful Bidder/Contractor. These duties will survive the cancellation or expiration of the Contract. This Section will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended. Successful Bidder/Contractor shall require all sub-consultant/contractor agreements to include a provision that each sub -contractor will indemnify the City in substantially the same language as this Section. The Successful Bidder/Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Successful Bidder/Contractor in which the City participated either through review or concurrence of the Consultant's actions. In reviewing, approving, or rejecting any submissions by the Successful Bidder/Contractor or other acts of the Successful Bidder/Contractor, the City, in no way, assumes or shares any responsibility or liability of the Successful Bidder/Contractor or sub-consultant/contractor under this Contract. Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by the Successful Bidder/Contractor. 1.43. FORMATION AND DESCRIPTIVE LITERATURE - Bidders must furnish all information requested in the spaces provided in the Formal Solicitation. Further, as may be specified elsewhere, each Bidder must submit for evaluation, cuts, sketches, descriptive literature, technical specifications, and Material Safety Data Sheets (MSDS) as required, covering the products offered. Reference to literature submitted with a previous bid, or on file with the City, Invitation for Bid (IFB) 1433386 will not satisfy this provision. 1.44. INSPECTIONS - The City may, at reasonable times during the term of the Bid Contract, inspect Successful Bidder's/Contractor's facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods and/or services required to be provided by the Successful Bidder/Contractor, under the Bid Contract conform to the terms and conditions of the Formal Solicitation. Successful Bidder/Contractor shall make available to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All tests and inspections shall be subject to, and made in accordance with, the provisions of the City of Miami Ordinance No. 12271 (Section 18-101) City Code, as same may be amended or supplemented, from time to time, which, in conjunction with Section 18-102, providing for audits of City contractors, are applicable and are deemed as being incorporated by reference as supplemental terms. 1.45. INSPECTION OF BID - Bids received by the City, pursuant to a Formal Solicitation, will not be made available until such time as the City provides notice of a decision, or intended decision, or within 30 days after bid closing, whichever is earlier. Bid results will be tabulated and may be furnished upon request, via fax or e-mail, to the City's Procurement Contracting Officer, issuing the Formal Solicitation. Tabulations are also available on the City's website following a recommendation for award. 1.46. INSURANCE - Within ten (10) days after receipt of Notice of Award, the Successful Bidder/Contractor, shall furnish the evidence of insurance to the Procurement Department, as applicable. Submitted evidence of insurance shall demonstrate strict compliance with all requirements stipulated in the Special Conditions section titled "Insurance Requirements". The City shall be listed as an "Additional Insured." Issuance of a Purchase Order is contingent upon the receipt of proper insurance documents. If the certificate of insurance is received within the specified time frame but not in the manner prescribed in the Formal Solicitation, the Successful Bidder/Contractor shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the City. If the Successful Bidder/Contractor fails to submit the required insurance documents in the manner prescribed in the Formal Solicitation within fifteen (15) calendar days after receipt of the Notice of Award, the Successful Bidder/Contractor shall be in default of the contractual terms and conditions and will not be awarded the contract. Information regarding any insurance requirements shall be directed to the Risk Management Director, Department of Risk Management, at 444 SW 2nd Avenue, 9th Floor, Miami, Florida 33130, 305-416-1384. The Successful Bidder/Contractor shall be responsible for ensuring that the insurance documents required in conjunction with this Section remain in effect for the duration of the contractual period; including any renewals and extensions that may be exercised by the City. 1.47. INVOICES - Invoices submitted by Successful Bidder/Contractor to the City shall include the Purchase Order number and description of goods and/or services delivered (i.e., quantity, unit price, extended price, etc.); and in compliance with Chapter 218 of the Florida Statutes (Prompt Payment Act). 1.48. LOCAL PREFERENCE -City Code Section 18-85, states, "when a responsive, responsible non -local Bidder submits the lowest bid price, and the bid submitted by one or more responsive, responsible local Bidders who maintain a local office, as defined in Section 18-73, is within fifteen percent (15%) of the price submitted by the non -local Bidder, then that non -local Bidder and each of the aforementioned responsive, responsible local Bidders shall have the opportunity to submit a best and final bid equal to or lower than the amount of the low bid previously submitted by the non -local Bidder. Contract award shall be made to the lowest responsive, responsible Bidder Invitation for Bid (IFB) 1433386 submitting the lowest best and final bid. In the case of a tie in the best and final bid between a local Bidder and a non -local Bidder, contract award shall be made to the local Bidder." 1.49. MANUFACTURER'S CERTIFICATION - The City reserves the right to request from Bidders a separate Manufacturer's Certification of all statements made in the Bid. Failure to provide such certification may result in the rejection of the Bid, or termination of the Bid Contract, for which the Bidder/Successful Bidder/Contractor shall bear full liability. 1.50. MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS - No Contract or understanding to modify the Formal Solicitation and the resultant Purchase Order(s) or Bid Contract, if applicable, shall be binding upon the City, unless made in writing by the City's Director of Procurement through the issuance of a change order, addendum, amendment, or supplement to the Bid Contract, Purchase Order, or award sheet, as applicable. 1.51. MOST FAVORED NATIONS - Successful Proposer shall not treat the City of Miami ("City") worse than any other similarly situated local government and, in this regard, grants the City a "most favored nations clause" meaning the City will be entitled to receive and be governed by the most favorable terms and conditions that Successful Bidder/Proposer grants now or in the future to a similarly situated local government. 1.52. NO PARTNERSHIP OR JOINT VENTURE - Nothing contained in the Bid Contract will be deemed or construed to create a partnership or joint venture between the City and Successful Bidder/Contractor, or to create any other similar relationship between the parties. 1.53. NONCONFORMANCE TO CONTRACT CONDITIONS - Items may be tested for compliance with specifications under the direction of the Florida Department of Agriculture and Consumer Services, or by other appropriate testing laboratories as determined by the City. The data derived from any test for compliance with specifications is public record, and open to examination thereto in accordance with Chapter 119, Florida Statutes. Items delivered, not conforming to specifications may be rejected, and returned at Successful Bidder's/Contractor's expense. The non -conforming items not delivered in accordance with the stipulated delivery date in the Bid and/or Purchase Order, may result in Successful Bidder/Contractor being found in default, in which event, any and all re - procurement costs may be charged against the defaulted Successful Bidder/Contractor. Any violation of the above stipulations may also result in the Successful Bidder/Contractor being removed from the City's supplier's list. 1.54. NONDISCRIMINATION, 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, Invitation for Bid (IFB) 1433386 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 to quote (ITQ), Requests for Letters of Interest (RFLI) and Request for Sponsorships (RFS) shall result in a non -responsive determination. any solicitation issued after May 6, 2019, shall comply with APM 2-19. APM 2-19 is attached hereto. only minor irregularities, deficiencies, and technicalities may be allowed to be timely cured by the proposer at the sole discretion of the city. material irregularities, deficiencies, and technicalities cannot be cured by the proposer, and are not waivable by the city. BIDS SUBMITTED WITH IRREGULARITIES, DEFICIENCIES, AND/OR TECHNICALITIES THAT DEVIATE FROM THE MINIMUM QUALIFICATIONS AND SUBMISSION REQUIREMENTS OF THIS IFB SHALL RESULT IN A NON -RESPONSIVE DETERMINATION. The City will not give consideration to the curing of any Bids that fail to meet the minimum qualifications and submission requirements of this IFB. Proposer understands that non -responsive Bids will not be evaluated. 1.57. OCCUPATIONAL LICENSE/BUSINESS TAX RECEIPT - Any person, firm, corporation, or joint venture, with a business location within the City's municipal boundaries and is submitting a Bid under the Formal Solicitation shall meet the City's Business Tax Receipt requirements in accordance with Chapter 31.1, Article I of the City of Miami Charter. Others with a location outside of the City's municipal boundaries shall meet their local Occupational License/Business Tax Receipt requirements. A copy of the Occupational License/Business Tax Receipt must be submitted with the Bid; however, the City may, in its sole discretion, and in its best interest, allow the Bidder to provide the Occupational License/Business Tax Receipt to the City during the evaluation period, but prior to award. A Certificate of Use ("CU") will be required if applicable under City regulations. 1.58. ONE PROPOSAL - Only one (1) Bid from an individual, firm, partnership, corporation, or joint venture will be considered in response to the Formal Solicitation, unless otherwise stipulated in the Formal Solicitation. Invitation for Bid (IFB) 1433386 1.59. OWNERSHIP OF DOCUMENTS - It is understood by and between the parties, that any documents, records, files, or any other matter whatsoever, which is given by the City to the Successful Bidder/Contractor, pursuant to the Formal Solicitation shall at all times remain the property of the City and shall not be used by the Successful Bidder/Contractor for any other purposes whatsoever, without the written consent of the City. 1.60. PARTIAL INVALIDITY - If any provision of the Bid Contract or the application thereof, to any person or circumstance, shall to any extent be held invalid, then the remainder of the Bid Contract or, the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby, and each provision of the Bid Contract shall be valid and enforced to the fullest extent permitted by law. 1.61. PERFORMANCE/PAYMENT BOND - A Successful Bidder/Contractor may be required to furnish a Performance/Payment Bond as part of the requirements of the Bid Contract, in an amount equal to one hundred percent (100%) of the Bid Contract price. Any bond furnished will comply with Florida Law and be in a form acceptable to the City of Miami Risk Management Director. 1.62. PREPARATION OF BIDS - Bidders are expected to examine the specifications, required delivery, drawings, and all special and general conditions. A. Each Bidder shall furnish the information required in the Formal Solicitation. The Bidder shall print type or manually enter 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. Invitation for Bid (IFB) 1433386 1.64. PRODUCT SUBSTITUTES - In the event a particular awarded and approved manufacturer's product becomes unavailable during the term of the Bid Contract, the Successful Bidder/Contractor awarded that item may arrange with the City's authorized representative(s) to supply a substitute product at the awarded price or lower, provided that a sample is approved in advance of delivery, and that the new product meets or exceeds all quality requirements. 1.65. CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS - Successful Bidder/Contractor represents and warrants to the City, that it has not employed, or retained any person, or company employed by the City to solicit or secure the Bid Contract and that the Successful Bidder/Contractor has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon, or in connection with, the award of the Bid Contract. 1.66. PROMPT PAYMENT - Bidders may offer a cash discount for prompt payment; however, discounts shall not be considered in determining the lowest net cost for Bid evaluation purposes. Bidders are required to provide their prompt payment terms in the space provided on the Formal Solicitation. If no prompt payment discount is being offered, the Bidder must enter zero (0) for the percentage discount to indicate no discount. If the Bidder fails to enter a percentage, it is understood and agreed that the terms shall be two percent (2%), 20 days, effective after receipt of invoice or final acceptance by the City, whichever is later. When the City is entitled to a cash discount, the period of computation will commence on the date of delivery, or receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is necessary due to damage, the cash discount period shall commence on the date final approval for payment is authorized. If a discount is part of the contract, but the invoice does not reflect the existence of a cash discount, the City is entitled to a cash discount with the period commencing on the date it is determined by the City that a cash discount applies. Price discounts off the original prices quoted on the Price Sheet will be accepted from Successful Bidder(s) during the term of the contract. The City will comply with the Florida Prompt Payment Act, as applicable. 1.67. PROPERTY - Property owned by the City is the responsibility of the City. Such property furnished to a Successful Bidder/Contractor for repair, modification, study, etc., shall remain the property of the City. Damages to such property occurring while in the possession of the Successful Bidder/Contractor shall be the responsibility of the Successful Bidder/Contractor. Damages occurring to such property while in route to the City, shall be the responsibility of the Successful Bidder/Contractor. In the event that such property is destroyed, or declared a total loss, the Successful Bidder/Contractor shall be responsible for the replacement value of the property, at the current market value, less depreciation of the property, if any. 1.68. PROVISIONS BINDING - Except as otherwise expressly provided in the resultant Bid Contract, all covenants, conditions, and provisions of the resultant Bid Contract, shall be binding upon, and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors, and assigns. 1.69. PUBLIC ENTITY CRIMES - A person or affiliate who has been placed on the convicted vendor list, following a conviction for a public entity crime may not: A. Submit a Bid to provide any goods or services to a public entity. B. Submit a Bid on a contract with a public entity for the construction or repair of a public building or public work. C. Submit responses on leases of real property to a public entity. Invitation for Bid (IFB) 1433386 D. Be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity. E. Transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 1.70. PUBLIC RECORDS - Successful Bidder/Contractor understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City contracts, subject to the provisions of Chapter 119, Florida Statutes, and City Code, Section 18, Article III, and agrees to allow access by the City and the public, to all documents subject to disclosure under applicable law. Successful Bidder/Contractor shall additionally comply with the provisions of Section 119.0701, Florida Statutes, titled "Contracts; public records". Successful Bidder/Contractor shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: A. Keep and maintain public records that ordinarily and necessarily would be required by the City to perform this service. B. Provide the public with access to public records on the same terms and conditions as the City would at the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from disclosure are not disclosed except as authorized by law. D. Meet all requirements for retaining public records and transfer, at no cost, to the City all public records in its possession upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from disclosure requirements. E. All electronically stored public records must be provided to the City in a format compatible with the City's information technology systems. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE DIVISION OF PUBLIC RECORDS AT (305) 416-1800, VIA EMAIL AT PUBLICRECORDS@MIAMIGOV.COM, OR REGULAR MAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 SW 2ND AVENUE, 9TH FL, MIAMI, FL 33130. THE CONSULTANT MAY ALSO CONTACT THE RECORDS CUSTODIAN AT THE CITY OF MIAMI DEPARTMENT WHO IS ADMINISTERING THIS CONTRACT. Successful Bidder/Contractor's failure or refusal to comply with the provision of this Section shall result in the immediate cancellation of the Bid Contract by the City. 1.71. QUALITY OF GOODS, MATERIALS, SUPPLIES, AND PRODUCTS - All materials used in the manufacturing, or construction of supplies, or materials, covered by the Formal Solicitation shall be new. The items bid shall be of the latest make or model, of the best quality, and of the highest grade of workmanship, unless as otherwise specified in the Formal Solicitation. Invitation for Bid (IFB) 1433386 1.72. QUALITY OF WORK/SERVICES - The work/services performed shall be of the highest quality and workmanship. Materials furnished to complete the service shall be new and of the highest quality, except as otherwise specified in the Formal Solicitation. 1.73. REMEDIES PRIOR TO AWARD (SECTION 18-106) - If prior to a Bid Contract award, it is determined that a Formal Solicitation or proposed bid award is in violation of law, then the Formal Solicitation or proposed bid award shall be cancelled and all bids rejected by the City Commission, the City Manager, or the Chief Procurement Officer, as may be applicable, or revised to comply with the law. 1.74. RESOLUTION OF CONTRACT DISPUTES (SECTION 18-105): A. Authority to resolve Contract disputes. The City Manager, after obtaining the approval of the City Attorney, shall have the authority to resolve disputes between the Successful Bidder/Contractor and the City which arise under, or by virtue of, a Contract between them; provided that, in cases involving an amount greater than $25,000, the City Commission must approve the City Manager's decision. Such authority extends, without limitation, to disputes based upon breach of Contract, mistake, misrepresentation, or lack of complete performance, and shall be invoked by a Contractual Party by submission of a protest to the City Manager. B. Contract dispute decisions. If a dispute is not resolved by mutual consent, the City Manager shall promptly render a written report stating the reasons for the action taken by the City Commission, or the City Manager, which shall be final and conclusive. A copy of the decision shall be immediately provided to the protesting party, along with a notice of such party's right to seek judicial relief, provided that the protesting party shall not be entitled to such judicial relief without first having followed the procedure set forth in this Section. 1.75. RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (SECTION 18-104): (a)Right to protest. The following procedures shall be used for resolution of protested solicitations and awards except for purchases of goods, supplies, equipment, and services, the estimated cost of which does not exceed $25,000.00. Protests thereon shall be governed by the administrative policies and procedures of purchasing. (1) Protest of solicitation. a. Any prospective proposer who perceives itself aggrieved in connection with the solicitation of a contract may protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief procurement officer within three days after the request for proposals, request for qualifications or request for letters of interest is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the chief procurement officer; or b. Any prospective bidder who intends to contest bid specifications or a bid solicitation may protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief procurement officer within three days after the bid solicitation is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the chief procurement officer. Invitation for Bid (IFB) 1433386 (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. (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 Invitation for Bid (IFB) 1433386 alternative sources (e.g., expert consulting agreements, piggyback contracts, etc.) where the city commission adopts a recommendation of the city attorney that such action is necessary to achieve fairness in the proceedings. The engagement of hearing officers is excluded from the procurement ordinance as legal services. The hearing officers appointed in the pre -qualified group should be scheduled to hear protests on a rotational basis. (2) Right ofprotest. Any actual bidder or proposer who has standing under Florida law dissatisfied and aggrieved with the decision of the city regarding the protest of a solicitation or the protest of an award as set forth above in this section may request a protest hearing. Such a written request for a protest hearing must be initiated with a notice of intent to protest followed by an actual protest as provided in subsection 18-104(a). The notice of intent to protest and the actual protest must each be timely received by the chief procurement officer and must comply with all requirements set forth in subsection 18-104(a). Failure to submit the required notice of intent to protest and the actual protest within the specified timeframes will result in an administrative dismissal of the protest. (3) Hearing date. Within 30 days of receipt of the notice of protest, the chief procurement officer shall schedule a hearing before a hearing officer, at which time the person protesting shall be given the opportunity to demonstrate why the decision of the city relative to the solicitation or the award, which may include a recommendation for award by the city manager to the city commission, as applicable, should be overturned. The party recommended for award, if it is a protest of award, shall have a right to intervene and be heard. (4) Hearing procedure. The procedure for any such hearing conducted under this article shall be as follows: a. The city shall cause to be served by certified mail a notice of hearing stating the time, date, and place of the hearing. The notice of hearing shall be sent by certified mail, return receipt requested, to the mailing address of the protester. b. The party, any intervenor, and the city shall each have the right to be represented by counsel, to call and examine witnesses, to introduce evidence, to examine opposing or rebuttal witnesses on any relevant matter related to the protest even though the matter was not covered in the direct examination, and to impeach any witness regardless of which party first called him/her to testify. The hearing officer may extend the deadline for completion of the protest hearing for good cause shown, but such an extension shall not exceed an additional five business days. The hearing officer shall consider the written protest and supporting documents and evidence appended thereto, supporting documents or evidence from any intervenor, and the decision or recommendation as to the solicitation or award being protested, as applicable. The protesting party, and any intervenor, must file all pertinent documents supporting his/her protest or motion to intervene at least five business days before the hearing, as applicable. The hearing officer shall allow a maximum of two hours for the protest presentation and a maximum of two hours for the city response. When there is an intervenor, a maximum of two hours will be added for the intervenor. In the event of multiple protests for the same project, the hearing officer shall allocate time as necessary to ensure that the hearing shall not exceed a total of one day. c. The hearing officer shall consider the evidence presented at the hearing. In any hearing before the hearing officer, irrelevant, immaterial, repetitious, scandalous, or frivolous evidence shall be excluded. All other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible whether or not such evidence would be admissible in trial in the courts of Florida. The hearing officer may also require written summaries, proffers, affidavits, and other documents the hearing officer determines to be necessary to conclude the hearing and issue a final order within the time limits set forth by this section. d. The hearing officer shall determine whether procedural due process has been afforded, whether the essential requirements of law have been observed, and whether the decision was arbitrary, capricious, an abuse of discretion, or unsupported by substantial evidence as a whole. Substantial evidence means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. Invitation for Bid (IFB) 1433386 e. Within ten days from the date of the hearing, the hearing officer shall complete and submit to the City Manager, the City Attorney, any intervenor, the Chief Procurement Officer, and the person requesting said hearing a final order consisting of his/her findings of fact and conclusions of law as to the denial or granting of the protest, as applicable. f. The decisions of the hearing officer are final in terms of city decisions relative to the protest. Any appeal from the decision of the hearing officer shall be in accordance with the Florida Rules of Appellate Procedure. (c) Compliance with filing requirements. Failure of a party to timely file either the notice of intent to file a protest or the written protest, together with the required filing fee as provided in subsection (f), with the chief procurement officer within the time provided in subsection (a), above, shall constitute a forfeiture of such party's right to file a protest pursuant to this section. The protesting party shall not be entitled to seek judicial relief without first having followed the procedure set forth in this section. (d) Stay of procurements during protests. Upon receipt of a written protest filed pursuant to the requirements of this section, the city shall not proceed further with the solicitation or with the award of the contract until the protest is resolved by the chief procurement officer or the city commission as provided in subsection (b) above, unless the city manager makes a written determination that the solicitation process or the contract award must be continued without delay in order to avoid an immediate and serious danger to the public health, safety or welfare. (e) Costs. All costs accruing from a protest shall be assumed by the protestor. (1)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. Invitation for Bid (IFB) 1433386 1.77. SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES - Successful Bidder/Contractor shall not sell, assign, transfer, or subcontract at any time during the term of the Contract, the Contract itself, or any portion thereof, or any part of its operations, or assign, sell, pledge, dispose, convey, or encumber any portion of the performance required by this Bid Contract, except under, and by virtue of written permission granted by the City through the proper officials, which may be withheld or conditioned, in the City's sole discretion. 1.78. SERVICE AND WARRANTY - When specified, the Bidder shall define all warranty, service, and replacements that will be provided. Bidders must explain on the Bid to what extent warranty and service facilities are available. A copy of the manufacturer's warranty, if applicable, should be submitted with Bidder's response. 1.79. SILENCE OF SPECIFICATIONS - The apparent silence of the scope of work/specifications, and any supplemental scope of work/specification as to any detail or the omission from it, of detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail, and that only materials of first quality and correct type, size, and design shall be used. All workmanship and services shall be first quality. All interpretations of the scope of work/specifications shall be made upon the basis of this statement. If Bidder has a current contract with the State of Florida, Department of General Services, to supply the items in the Formal Solicitation, the Bidder shall quote not more than the contract price; failure to comply with this request will result in disqualification of the Bid. 1.80. SUBMISSION AND RECEIPT OF BIDS - Electronic Bid submittals to this IFB are to be submitted through BidSync Electronic Bidding System ("BidSync") until the date and time as indicated in the Solicitation. The responsibility for submitting a Bid on/or before the stated closing time and date is solely and strictly the responsibility of the Bidder. The City will in no way be responsible for delays caused by technical difficulties or caused by any other occurrence. Electronic Bid submissions may require the uploading of electronic attachments. The submissionof 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. Invitation for Bid (IFB) 1433386 1.81. TAXES - The City is exempt from any taxes imposed by the State and/or Federal Government. Exemption certificates will be provided upon request. Notwithstanding, Bidders should be aware that all materials and supplies that are purchased by the Bidder for the completion of the Bid Contract is subject to the Florida State Sales Tax in accordance with Section 212.08, Florida Statutes, as amended, and all amendments thereto, and shall be paid solely by the Bidder. 1.82. TERMINATION - The City Manager, on behalf of the City, reserves the right to terminate the Bid Contract by written notice to the Successful Bidder/Contractor effective as of the date specified in the notice, should any of the following apply: A. The Successful Bidder/Contractor is determined by the City, to be in breach of any of the terms and conditions of the Bid Contract. B. The City has determined that such termination will be in the best interest of the City, to terminate the Bid Contract for its own convenience; C. Funds are not available to cover the cost of the contracted goods and/or services. The City's obligation is contingent upon the availability of appropriate funds. 1.83. TERMS OF PAYMENT - Payment will be made by the City after the goods and/or services have been received, inspected, and found to comply with award specifications, free of damage, or defect, and properly invoiced. Payment will be made after delivery, within forty-five (45) days of receipt of an invoice, and authorized inspection and acceptance of the goods/services, and pursuant to Section 218.74, Florida Statutes, and other applicable law. 1.84. TIMELY DELIVERY - Time will be of the essence for any orders placed as a result of the Formal Solicitation. The City reserves the right to cancel such orders, or any part thereof, without obligation, if delivery is not made within the time(s) specified in the Bid. Deliveries shall be made during regular City business hours, unless otherwise specified in the Special Conditions. 1.85. TITLE - Title to the goods shall not pass to the City until after the City has inspected and accepted the goods or used the goods, whichever comes first. 1.86. TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE -All Bids submitted to the City are subject to public disclosure, pursuant to Chapter 119, Florida Statutes. An exception may be made for "trade secrets." If the Bid contains information that constitutes a "trade secret", all material that qualifies for exemption from Chapter 119, must be submitted in a separate envelope, clearly identified as "TRADE SECRETS EXCEPTION," with Bidder's name, the Formal Solicitation number, and title marked on the outside. Please be aware that the designation of an item as a trade secret by Bidder may be challenged in court by any person. By Bidder's designation of material in Bidder's Response as a "trade secret" Bidder agrees to indemnify and hold harmless the City for any award to a plaintiff for damages, costs, or attorney's fees and for costs and attorney's fees, incurred by the City, by reason of any legal action challenging Bidder's claim Invitation for Bid (IFB) 1433386 1.87. UNAUTHORIZED WORK OR DELIVERY OF GOODS - Neither the Successful Bidder/Contractor nor any of their employees shall perform any work, or deliver any goods, unless a change order or purchase order is issued and received by the Successful Bidder/Contractor. The Successful Bidder/Contractor will not be paid for any work performed, or goods delivered outside the scope of the Bid Contract, or any work performed by Successful Bidder's/Contractor's employee(s) not otherwise previously authorized. 1.88. USE OF NAME - The City is not engaged in research for advertising, sales promotion, or other publicity purposes. No advertising, sales promotion, or other publicity materials containing information obtained from the Formal Solicitation shall be mentioned, or imply the name of the City, without prior express written permission from the City Manager, or the City Commission. 1.89. VARIATIONS OF SPECIFICATIONS - For purposes of the Formal Solicitation evaluation, Bidder(s) must indicate any variances from the Formal Solicitation scope of work/specifications and/or conditions, no matter how slight. If variations, are not stated on their Bid, it will be assumed that the product fully complies with the Formal Solicitation's scope of work/specifications. Invitation for Bid (IFB) 1433386 2. Special Conditions 2.1. PURPOSE The purpose of this Solicitation is to establish a contract, for air condition repair services, Citywide, as specified herein, from a source(s), fully compliant with the terms, conditions, and stipulations of the Solicitation. 2.2. PRE -BID CONFERENCE A Virtual Voluntary pre -bid conference will be held on Wednesday, July 12, 2023 at 10:00 A.M. via Teams Click here to join the meeting or via phone +1 786-598-2961, ID: 700 018 111#. 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, which will be distributed through BidSync, following the Pre -Proposal Conference to all the attendees. Because the City considers the Pre -Proposal Conference to be critical to understanding the Solicitation requirements, attendance is highly recommended. 2.3. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION Any questions or clarifications concerning this solicitation shall be submitted electronically via the BidSync Portal. All questions must be received no later than Thursday, July 20, 2023, 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 three (3) years with option to extend for two (2) additional one (1) year periods. subject to availability of funds for succeeding fiscal years. Continuation of the Contract beyond the initial period is a City prerogative, and not the right of the Bidder. This prerogative will be exercised only when such continuation is clearly in the best interest of the City. 2.5. METHOD OF AWARD Award of this Contract will be made to the lowest responsive and responsible Bidder meeting specifications. 2.6. CONDITIONS FOR RENEWAL Each renewal of this contract is subject to the following: (1) Continued satisfactory performance compliance with the specifications, terms and conditions established herein. (2) Availability of funds 2.7. BIDDER'S MINIMUM QUALIFICATIONS Bids will be considered only from firms that, at the time of bid submittal, are regularly engaged in the business of providing said goods and services, for a minimum of three (3) consecutive years, as described herein. The Bidder shall: 1. Have and submit a current Class A Air Conditioning Contractor's license, or a Mechanical Contractor license, as issued by the State of Florida Department of Business and Professional Regulation("DBPR"); and an Invitation for Bid (IFB) 1433386 Environmental Protection Agency ("EPA") 608 Technical Program Certifications, and be able to pull permits required by the City of Miami and Miami -Dade County necessary to perform the proposed work; 2. Have the same Federal Employee Identification Number ("FEIN") for the last three (3) consecutive years for its firm; 3. Submit references, for your firm for projects within the past three (3) consecutive years, in the Certification Statement, evidencing the minimum three (3) consecutive years' experience in the specified work described herein; 4. Have never filed for bankruptcy, be in sound financial condition, have no record of civil litigation or pending lawsuits involving criminal activities of a moral turpitude, and shall not have conflicts of interest with the City; and 5. Not have any member, officer, or stockholder that is in arrears or is 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. Notes: 1. Copies of the licenses, certifications, signed Certification Statement, and references, as listed above, for your firm, shall be submitted with your bid submittal; and 2. Failure to submit above licenses, certifications, signed Certification Statement, and references for your firm with your bid, shall render your bid non -responsive. 2.8. REFERENCES Each bid must be accompanied by a list of three (3) references, as reflected in the Certification Statement located in the Document Section of this solicitation, which shall include the name of the company, dates of contract, description of goods/services supplied, a contact person and the telephone number. NO BID WILL BE CONSIDERED WITHOUT THIS LIST. 2.9. CERTIFICATE OF COMPETENCY Any person, who offers a bid, at the time of such bid, shall hold a valid Certificate of Competency or license for Air Condition Mechanic issued by the State of County Examining Board, qualifying said person, to perform the work proposed. If any specialized repairs required in conjunction with this Bid is performed by a subcontractor, an applicable Certificate of Competency issued to the subcontractor shall be submitted with the Bidder's proposal. Failure to submit this document may render this Bid non -responsive. Subcontractor with Certificate of Competency shall not be used for maintenance. 2.10. SUBCONTRACTORS SHALL BE IDENTIFIED A Sub -Contractor is an individual or firm contracted by the Successful Bidder to assist in the performance of services required under this Solicitation. A Sub -Contractor shall be paid through the Successful Bidder's firm and not paid directly by the City. Sub -Contractors are allowed by the City in the performance of the services delineated within this Solicitation. Bidders must clearly reflect in their bid response the major Sub -Contractors to be utilized in the performance of required services. The City retains the right to accept or reject any Sub -Contractors proposed in the response of the Bidders or prior to Contract execution. Any and all liabilities regarding the use of a Sub -Contractor shall be borne solely by the Successful Bidder and the insurance for each Sub -Contractor must be maintained in good standing and approved by the City throughout the duration of the Contract. Neither Successful Bidder nor any of their Sub -Contractors are considered to be employees or agents of the City. Failure to list all Sub -Contractors and provide the required information may disqualify any proposed Sub -Contractors from performing work under this Solicitation. Bidders shall include in their bid response the requested Sub -Contractor information and include all relevant information required of the Bidder. Invitation for Bid (IFB) 1433386 In addition, within five (5) working days after the identification of the Award to the Successful Bidder, the Successful Bidder shall provide a list confirming the Sub -Contractors that the Successful Bidder intend to utilize in the Contract, if applicable. The list shall include, at a minimum, the name, location of the place of business for each Sub -Contractor, the services the Sub -Contractor will provide relative to any Contract that may result from this Solicitation, any applicable licenses, references, ownership, and other information required of the Successful Bidder. 2.11. SUBCONTRACTOR(S)'S MINIMUM REQUIREMENTS Successful Bidder must list any or all subcontractor(s) that may be utilized to assist in the performance of the work specified herein. Any subcontractor(s) listed must meet the same requirements and submit the same information listed under the Bidder's Minimum Qualification section. All information required shall be included in the solicitation process. If Successful Bidder does not include any subcontractor(s) as part of its bid submittal, it will be construed that Successful Bidder will be able to handle the entire workload by itself and will not be allowed to subcontract any of the work. 2.12. 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 Miami Procurement Code, titled "Definitions", and shall submit with the Bid at the time of 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; • 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. 2.13. 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 contract with a public entity for the construction or 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 any 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. 2.14. EMPLOYEES The employee(s) shall always wear their company issued identification in a visible location. Should the Successful Bidder not issue such a form of identification, the employee(s) shall wear an issued badge from the facility being serviced. A State issued ID will be required if the Successful Bidder(s) does not issue a company ID. The Successful Bidder' (s)' employee(s), regardless of the nature of the call, shall always report to the Project Manager or designee, and sign in upon arrival and out when leaving the premises for whatever reason. Work shoes (footwear which fully covers and protects the entire foot) shall be worn at all times. Shorts, torn and/or dirty clothing, cut-off t-shirts, and clothing with unacceptable verbiage, as determined by the Project Manager or designee, shall not be worn. Invitation for Bid (IFB) 1433386 2.15. EMERGENCY CONTACT The Successful Bidder shall be in direct communication with the Project Manager or designee, in the event of an emergency. The Successful Bidder is to provide the Project Manager or designee with emergency contact name and numbers of two (2) individuals with the authority to make management decisions and who can be reached at any time. 2.16. LEVEL II BACKGROUND CHECKS JESSICA LUNSFORD ACT (JLA) BACKGROUND SCREENING REQUIREMENTS: In accordance with the requirements of Sections, 1012.465, and 1012.32 and 1012.467, Florida Statutes), as amended from time to time Successful Bidder agrees that, if Successful Bidder receives remuneration for services, Successful Bidder and all of its employees who provide or may provide services under this Contract will complete criminal history checks, and all background screening requirements, including level 2 screening requirements as outlined in the above -referenced statutes for any work to be performed in City parks. Pursuant to the 2007 amendments to the JLA enacted by the Florida Legislature, requirements for certain fingerprinting and criminal history checks shall be inapplicable to non -instructional contracted personnel who qualify for exemption from Level 2 screening requirements as provided under Section 1012.468 of the Florida Statutes. In addition, the provisions of Section 1012.467 of the Florida Statutes are incorporated herein by reference, and any provisions that may be inconsistent with, contrary to, or determined to be in conflict with said Section 1012.467, will be superseded by said statute. A non -instructional Successful Bidder who is exempt from the screening requirements set forth in Sections 1012.465, 1012.468 or 1012.467 of the Florida Statutes, is subject to a search of his or her name or other identifying information against the registration information regarding sexual predators and sexual offenders maintained by the Department of Law Enforcement under Section 943.043 and the national sex offender public registry maintained by the United States Department of Justice. Successful Bidder will not be charged for this search. Further, upon obtaining clearance by City the City will issue a photo identification badge consistent with any statutory requirements, which shall be worn by the individual at all times while on City property when children are present. Successful Bidder agrees to bear any, and all costs associated with acquiring the required background screening, including any costs associated with fingerprinting and obtaining the required photo identification badge. Successful Bidder agrees to require all its affected employees to sign a statement, as a condition of employment with Successful Bidder in relation to performance under this Contract, agreeing that the employee will abide by the heretofore described background screening requirements, and also agreeing that the employee will notify the Successful Bidder/Employer of any arrest(s) or conviction(s) of any offense within 48 hours of its occurrence. Successful Bidder agrees to provide the City with a list of all of its employees who have completed background screening as required by the above -referenced statutes and who meet the statutory requirements contained therein. Successful Bidder agrees that it has an ongoing duty to maintain and update these lists as new employees are hired and in the event that any previously screened employee fails to meet the statutory standards. Successful Bidder further agrees to notify the City immediately upon becoming aware that one of its employees, who was previously certified as completing the background check and meeting the statutory standards, is subsequently arrested, or convicted of any disqualifying offense. Failure by Successful Bidder to notify the City of such arrest or conviction within 48 hours of being put on notice and within five (5) business days of the occurrence of qualifying arrest or conviction, shall constitute grounds for immediate termination of this Contract by the City and removal from the Pool. The parties further agree that failure by Successful Bidder to perform any of the duties described in this section shall constitute a material breach of the Contract entitling the City to terminate this Contract immediately with no further responsibility to make payment or perform any other duties under this Contract. Invitation for Bid (IFB) 1433386 2.17. INSURANCE REQUIREMENTS INDEMNIFICATION Successful Bidder shall indemnify, hold and save harmless, and defend (at its own cost and expense), the City, its officers, agents, directors, and/or employees, from all liabilities, damages, losses, judgements, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Successful Bidder and persons employed or utilized by Successful Bidder in the performance of this Contract. Successful Bidder shall further, hold the City, its officials, and employees, indemnify, save, and hold harmless for, and defend (at its own cost), the City its officials and/or employees against any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted Work, even if it is alleged that the City, its officials, and/or employees were negligent. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, the Successful Bidder shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The Successful Bidder expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the Successful Bidder shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents, and instrumentalities as herein provided. The indemnification provided above shall obligate the Successful Bidder to defend, at its own expense, to and through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against the City, whether performed by the Successful Bidder, or persons employed or utilized by Successful Bidder. These duties will survive the cancellation or expiration of the Contract. This Section will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended. Successful Bidder shall require all sub -contractor agreements to include a provision that each sub -contractor will indemnify the City in substantially the same language as this Section. The Successful Bidder agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Successful Bidder in which the City participated either through review or concurrence of the Successful Bidder's actions. In reviewing, approving, or rejecting any submissions by the Successful Bidder or other acts of the Successful Bidder, the City, in no way, assumes or shares any responsibility or liability of the Successful Bidder or sub -contractor under this Contract. Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by the Successful Bidder(s). Please see attached Insurance Addendum for insurance definitions, requirements, and conditions. The Successful Bidder(s) shall furnish to City of Miami, c/o Procurement Department, 444 SW 2nd Avenue, 6th Floor, Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: (1) Worker's Compensation A. Limits of Liability Statutory - State of Florida 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 (2) Commercial General Liability (Primary and Non -Contributory) A. Limits of Liability Bodily Injury and Property Damage Liability - Each Occurrence: General Aggregate Limit: Personal and Adv. Injury. Products and Completed Operations: B. Endorsements Required: City of Miami included as an Additional insured. Contingent and contractual liability Primary Insurance clause endorsement Explosion, Collapse & Underground Hazard (3) Business Automobile Liability A. Limits of Liability Bodily injury and property damage liability Combined single limits. Any Auto, including hired, borrowed, or non -owned autos Any One Accident- B. Endorsements Required: City of Miami included as an Additional Insured Invitation for Bid (IFB) 1433386 $1,000,000 $2,000,000 $1,000,000 $1,000,000 $1,000,000 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. Invitation for Bid (IFB) 1433386 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). 2.18. PAYMENTS RELATED TO GUARANTEE OBLIGATIONS The City may withhold from payments to be made such sums as deemed reasonably necessary to ensure completion of the work with respect to defective work, equipment, or materials which may be identified by the Project Manager, or designee. The City may deduct from any payment due to the Successful Bidder an amount equal to its cost incurred on account of the Successful Bidder's failure to fully perform their obligations under this Contract. The Project Manager, or designee prior to withholding or deducting any monies hereunder, shall give the Successful Bidder notice of defective work, equipment, or materials and the basis for the withholding or deduction. Upon the Project Manager or designee's determination that the Successful Bidder has fulfilled their obligations, the City will pay the Successful Bidder any sum so retained, subject to the Successful Bidder's submission of, or compliance with any remaining documentation or obligation, as the case may be, in accordance with this Contract. 2.19. PERFORMANCE The Successful Bidder 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 methods 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. 2.20. GENERAL REQUIREMENTS The Successful Bidder agrees that the Successful Bidder shall at all times employ, maintain, and assign to the performance of the work a sufficient number of competent and qualified professionals and other personnel to meet the requirements of the work to be performed. The Successful Bidder agrees to adjust staffing levels or to replace any staff personnel if so ordered by the City, should the City make a determination in its sole discretion, that said staffing is inappropriate or that any individuals not performing in a manner consistent with the requirements for such position. The Successful Bidder warrants and represents that its staff personnel have proper skills, training, background, knowledge, experience, rights, authorizations, integrity, character, and licenses as necessary to perform the work, in a competent and professional manner. Invitation for Bid (IFB) 1433386 The Successful Bidder shall at all times cooperate with the City and coordinate their respective work efforts to progress the performance of the work most effectively. The City and other agencies authorized by the City shall have free access at all times to the work site. Staff personnel shall be employees of the Successful Bidder, who shall be responsible for deducting all taxes and payments of workman's compensation and unemployment insurance. 2.21. CURES Please refer to Section 1.56 Notice Regarding "Cures" of the General Terms and Conditions of this solicitation. 2.22. 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. 2.23. 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 in the Document section of BidSync. 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. 2.24. TIE BIDS Whenever two or more Bids which are equal with respect to price, quality and service are received by the City for the procurement of commodities or contractual services, a Bid received from a business that certifies that is has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie Bids will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: (1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the action that will be taken against employees for violations of such prohibition. (2) 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 Invitation for Bid (IFB) 1433386 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. 225. NON -APPROPRIATION OF FUNDS In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under this Contract, then the City, upon written notice to the Successful Bidder(s) or their assignee of such occurrence, shall have the unqualified right to terminate the Contract without any penalty or expense to the City. No guarantee, warranty or representation is made that any particular or any project(s) will be awarded to any firm(s). 226. PROJECT MANAGERS Upon award, Successful Bidder(s) shall report and work directly with, GSA: Javier Olivera, HVAC Supervisor, or designee, who shall be designated as the Project Managers for the City. 227. EMERGENCY SERVICE/CONTACT The Successful Bidder shall provide the Project Manager or designee, with evening, weekend, and holiday services, a necessary, to cope with an emergency situation which threatens public health and safety, as determined by the City. The Successful Bidder shall be immediately available via a twenty-four (24) hour, seven (7) days a week phone service. It is expected that non-scheduled requests for services (emergency calls, etc.) shall be responded to within one (1) hour after the call is made to the service or directly to the Successful Bidder. The Successful Bidder shall ensure that the Project Manager or designee has the telephone numbers of all employees assigned, or who would be called to the facility, and the designated employee shall be directed to respond to direct calls from the Project Manager or designee. 228. FIXED AND FIRM PRICING (FOR LABOR ONLY) All prices quoted for labor are fixed and firm throughout the term of the Contract. 229. HOURLY REPAIR RATES The hourly rates quoted shall include full compensation for labor, equipment use, travel time, and any other related costs to the Successful Bidder. Parts are not to be included in this rate (Please refer to Section 2.35, Parts at Pass Through Cost). Regular Labor Rate - Hourly rate for straight time for removal, repair, and installation, from 8:00 AM - 5:00 PM, Monday - Friday. Overtime Labor Rate - Hourly rate for overtime repairs, from 5:00 PM - 8:00 AM, Monday - Friday, and twenty-four (24) hours on weekends and holidays. The City shall allow overtime payment at a maximum rate of one and a half times the regular hourly wage quoted by the Bidder. This allowance shall only be provided in those instances where expressly authorized by the Project Manager or designee prior to the commencement of the overtime work. Further, overtime work shall not be allowed during the normal workday. Non -Immediate Repairs When the Successful Bidder has been notified of services needed, the Successful Bidder shall arrive within four (4) hours from the first point of contract from the Project Manager or designee. If the Successful Bidder fails to arrive Invitation for Bid (IFB) 1433386 within four (4) hours, the Successful Bidder will be found to be in default. Pursuant to Section 2.59, Termination Clause, the City reserves the right to terminate this Contract if the Successful Bidder fails to respond to more than three (3) consecutive services calls. In the event that non -immediate repairs for services calls are expected to exceed $5,000, the Successful Bidder shall only make the site secure and safe. The Successful Bidder 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 may begin permitting process, purchasing of materials and any site prep work needed. Immediate Repairs If repairs are required immediately, it will be communicated to the Successful Bidder by the Project Manager or designee. The Successful Bidder shall provide a call back to the Project Manager or designee. The Successful Bidder shall provide a call back to the Project Manager or designee within one (1) hour, otherwise the Successful Bidder will be found to be in default. For immediate repairs, the Successful Bidder is expected to arrive at the work site to fix or secure the problem within one (1) hour from the point of contact from the Project Manager or designee. Pursuant to Section 2.59, Termination Clause, the City reserves the right to terminate this Contract if the Successful Bidder fails to respond to more than three (3) consecutive service calls. The Successful Bidder shall be allowed up to twelve (12) hours maximum for immediate repairs. If repair will exceed twelve (12) hours, the Successful Bidder must obtain written authorization from the Project Manager or designee. If the Successful Bidder is found to be in default, they shall remove all equipment, tools, unused materials and constructions debris within forty-eight (48) hours from being notified via default notice. LEGAL HOLIDAYS New Year's Day Martin Luther King's 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 2.30. LICENSES AND PERMITS Services performed for the City will required licenses and permits in the same manner as private air conditioning maintenance projects within the City. The Successful Bidder shall secure, at their own 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 agency. The Successful Bidder must fully comply with all federal and state laws, county and municipal ordinances, and regulations in any manner affecting the execution of the work. Any fines or penalties to the Successful Bidder shall Invitation for Bid (IFB) 1433386 be paid at the Successful Bidder's expense. 231. 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. 232. LABOR, SUPERVISION, AND EQUIPMENT The Successful Bidder shall furnish, at their own expense, all labor, supervision, supplies, and equipment necessary for satisfactory completion of all the services as specified in the 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 items for approval of use. It may require a change of designated item(s) that are deemed by the City as unsafe, or which may create an uncomfortable environment and/or service to City employees or patrons. Successful Bidder shall be solely responsible for the equipment used on this contract. The City will not provide any storage facilities for said equipment or supplies. 233. NOTIFICATION TO PERFORM WORK The Successful Bidder shall notify the Project Manager or designee when an employee is on the property and for what purpose. 234. PERSONNEL The Successful Bidder 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 and all personnel engaged in performing the services shall be qualified to perform such services. 235. EQUIPMENT/SUPPLIES MARK-UP The Successful Bidder shall be limited to a maximum of 20% markup according to the pricing schedule below, on all equipment/supplies sold to the City of Miami ("City") according to the pricing the Successful Bidder paid. The tiered markup shall be: Tier 1, up to $1,000, 20%, Tier 2: $1,000 - $5,000, 15%, Tier 3: $5,000 - $10,000, 10%, and Tier 4, >$10,000 5% markup. Successful Bidder shall submit the manufacturers pricing list ("MPL") on an excel spreadsheet, when requested by the City, with current SKU or Item Numbers, Description of Item, Manufacturers Price, Markup Percentage, and Contract Price. The markups offered as a result of this IFB are for the purchase of individual items. The following is an example of a pricing list: Sample MPL SKU Description Manufacturers Price Markup Contract Price A-156958 AC XXXX $1,000 +20% $1,200 A-156853 AC XXXX $2,500 +15% $2,875 S-74659 AC XXXX $7,000 +10 % $7,700 A-12345 AC XXXX $11,000 +5% $11,550 Invitation for Bid (IFB) 1433386 2.36. WARRANTY, FITNESS FOR PURPOSE The Successful Bidder warrants the materials supplied and the work performed under this Contract conform to warranty materials provided and work performed for one (1) year from the date of completion. In addition to all other warranties that may be supplied by the Successful Bidder, the Successful Bidder shall warrant their products and/or service against faulty labor and/or defective material for a minimum period of one (1) year after the date of acceptance of labor, materials, and/or equipment by the City. This warranty requirement shall remain in force for the full one (1) year period; regardless of whether the Successful Bidder is under Contract with the City at the time of any defect. Any payment by the City on behalf of the goods or services received from the Successful Bidder does not constitute a waiver of these warranty provisions. The Successful Bidder shall be responsible for promptly correcting any deficiency, at no cost to the City, within five (5) calendar days after the City notifies the Successful Bidder of such deficiency in writing. If the Successful Bidder fails to honor the warranty and/or fails to correct or replace the defective work or items within the period specified, the City may, at its discretion, notify the Successful Bidder, in writing, that the Successful Bidder may be debarred as a City Bidder and/or subject to contractual default if the corrections or replacements are not completed to the satisfaction of the City within ten (10) calendar days or receipt of the notice. If the Successful Bidder fails to satisfy the warranty within the period specified in the notice, the City may (a) place the Successful Bidder in default of the Contract, and/or (b) procure the products or services from another contractor and charge the Successful Bidder for any additional costs that are incurred by the City for this work or items, either through a credit memorandum or through invoicing. 237. PRIMARY CLIENT (FIRST PRIORITY) The Successful Bidder agree upon award of this Contract that the City of Miami shall be its primary client and shall be serviced first during a schedule conflict arising between this Contract and any other Contract Successful Bidder(s) may have with any other cities and/or counties to perform similar services as a result of any catastrophic events such as tornadoes, hurricanes, severe storms, or any other public emergency impacting various areas during or approximately the same time. 238. DELAYS The Successful Bidder shall notify the City of any actual or potential delays in any services or repairs. 2.39. ACCEPTANCE OF WORK Should any work not meet the expectations of the Project Manager or designee, the Successful Bidder shall be required to correct the fault or faults at their expense in both time and materials. 2.40. FORCE MAJEURE Successful Bidder 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. 2.41. USE OF PREMISES The Successful Bidder shall confine their equipment, apparatus, the storage of materials, and the operation of their workers to the limits indicated by law, ordinances, permits, or direction of the Project Manager, or designee, and shall not unreasonably encumber the premises with their materials. The Successful Bidder shall take all measures necessary to protect their own materials. The Successful Bidder shall limit their use of the facility or premises to the Scope of Work, so as to allow for the City's Invitation for Bid (IFB) 1433386 continuous operation. This is necessary as the various sites where the work will be performed will remain in operation during that time. The Successful Bidder shall: 1. Confine operations at the sites to the areas permitted under the Scope of Work, not disturb portions of the site beyond the specified areas, and conform to site rules and regulations affecting the work; 2. Keep existing driveways and entrances servicing the facility clear and available to the City and its employees at all times, not use areas for parking and/or storage or materials except as authorized by the Project Manager or designee; 3. Assume all responsibility for their tools, equipment, and materials, including any materials purchased for the work and not accepted by the City, and their vehicles while performing work for the City and/or while parked at a City facility. The City assumes no liability; and 4. Keep areas such as hallways, stairs, elevator lobbies and toilet rooms free from accumulation of waste materials, rubbish, or construction debris. 2.42. CITY OCCUPANCY The City may occupy all or any portion of the facility during the entire period of work. The Successful Bidder shall cooperate fully with the Project Manager or designee during the work to minimize conflicts and to facilitate City operations and the operations of any other contractors. 2.43. DAMAGES Any damage caused by the Successful Bidder shall be reported to the Project Manager, or designee, either in person or in writing. Successful Bidder 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 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, 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 (1) month from date damage was done). 2.44. SPECIFICATION EXCEPTIONS Specifications are based on the most current literature available. Bidder shall notify the City of Miami Procurement Department, in writing, no less than ten (10) days prior to solicitation closing date of any change in the manufacturers' specifications which conflict with the specifications. For electronic bid submittals, Bidders must explain by an Attachment and, if applicable, enclose a scanned copy of the manufacturer's specifications data detailing the changed item(s) with their submission. Additionally, Bidders must indicate any options requiring the addition of other options, as well as those which are included as a part of another option. Failure of Bidders to comply with these provisions will result in Bidders being held responsible for all costs required to bring the item(s) in compliance with Contract specifications. 2.45. SAFETY MEASURES Successful Bidder 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 shall provide adequate barriers, flag person, traffic cones, signs and/or warning devices during the performance of the contract. Invitation for Bid (IFB) 1433386 All employees of Successful Bidder shall be expected to wear safety glasses or goggles, appropriate clothing, and hearing protection when and wherever applicable. The Successful Bidder 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 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, shall be the sole responsibility of the Successful Bidder and shall be repaired by the Successful Bidder, their forces, or their selected personnel, to the satisfaction of the Project Manager, or designee. 2.46. PUBLIC CONVENIENCE AND SAFETY The Successful Bidder shall conduct their work so as to interfere as little as possible with private business or public travel. The Successful Bidder 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 shall be liable for all damages occasioned in any way by their actions or neglect or that of its agents or employees. The Successful Bidder 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. 2.47. SAFETY PRECAUTIONS The Successful Bidder must adhere to the applicable environmental protection guidelines for the entire duration of the work. If hazardous waste materials are used, detected, or generated at any time, the Project Manager or designee must be immediately notified of each and every occurrence. The Successful Bidder shall comply with all codes, ordinances, rules, orders, and other legal requirements of public authorities, including OSHA, EPA, DERM, Miami -Dade County PDR South Florida Building Code, which bear on the performance of the work. The Successful Bidder shall take the responsibility to ensure that all work is provided with the adequate safeguards, including but not limited to: proper safe rigging, safety nets, fencing, scaffolding, barricade, and ladders, which are necessary to the protection of their employees, as well as the public and City employees. All riggings and scaffolding shall be of good sound materials, of adequate dimensions for its intended use, and braced, tied, or secure to ensure absolute safety for those required to use it, as well as those in the vicinity. All riggings, scaffolding, and ladders must be OSHA approved. If an emergency condition should develop during the work, the Successful Bidder must immediately notify the Project Manager or designee of each and every occurrence. The Successful Bidder should also recommend any appropriate courses of action to the Project Manager or designee. 2.48. FINAL CLEAN-UP Upon completion of the work and before acceptance and final payment is made, the Successful Bidder 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. 2.49. COMPLETED WORK The City shall be notified by the Successful Bidder 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 at no additional charge to the City. Invitation for Bid (IFB) 1433386 2.50. 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, 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 will be immediately removed from the Contract for the remainder of the Contract period. 2.51. EXANIINATION OF WORK The Project Manager or designee shall be furnished with every means to verify whether or not the materials and work are in accordance with the requirements and intent of the Contract. Failure to reject or condemn defective work at the time it is done will not prevent its rejection whenever it is discovered before the project is fully approved and accepted. 2.52. DOCUMENTATION The Successful Bidder 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. 2.53. 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 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. Should the Successful Bidder 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. 2.54. METHOD OF PAYMENT Payment will be made within thirty (30) days arrears for services rendered the previous month, upon submission of properly certified/approved invoices or inspection reports. All such information shall be provided to the Project Manager, or designee of the City facility serviced for their approval in advance of payment. The City will pay the Contract price minus any liquidated damages and/or other damages to the Successful Bidder upon final completion and acceptance Damages caused by the Successful Bidder employee(s) shall be estimated by the Project Manager, or designee, and computed actual costs of repairs shall be deducted from the Successful Bidder's monthly billing(s) Proven theft made by the Successful Bidder's employee(s), shall result in the replacement of the identified item(s), and all replacement costs shall be deducted from the Successful Bidder's total monthly billing. Invitation for Bid (IFB) 1433386 2.55. ADDITIONS/DELETIONS OF FACILITIES/PRODUCTS/ITEMS/SERVICES/SUPPLIERS Although this Solicitation identifies specific facilities/products/items/services/suppliers, it is hereby agreed and understood that any facility/product/item/service/supplier may be added/deleted to/from this Contract at the option of the City. When an additional facility/product/item/service to the Contract is required, the supplier shall be invited to submit price quotes for these new facility/product/item/services. If 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/items/services, they shall be added to the Contract, whichever is in the best interest of the City, and an addendum and a separate purchase order shall be issued by the City. 2.56. FAILURE TO PERFORM Should the Successful Bidder fail to perform in full accordance, at any time, with the specifications as cited in this IFB, Successful Bidder may be determined to be in default of the Contract. Successful Bidder 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 be paid for any day that Successful Bidder'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 deduct liquidated damages as indicated under said provision. Should the Successful Bidder 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 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 written notice. Should it not be possible to reach the Successful Bidder or Successful Bidders' 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 in default of the Contract or make appropriate reductions in the Contract payment. 2.57. LIQUIDATED DAMAGES Successful Bidder shall provide all services for each location as listed in Section 3.1., Specifications/Scope of Work. If the Successful Bidder fail to deliver the necessary maintenance and/or repair services, it is understood that $100.00 per calendar day per location not services will be deducted, as liquidated damages, not as a penalty, but as a form of compensation for the loss of not having the A/C repairs. 2.58. DISCONTINUATION OF EQUIPMENT In the event items requested are discontinued by the manufacturer, the Successful Bidder shall substitute an approved equivalent replacement item from the same manufacturer at equal or lower pricing. The Successful Bidder shall advise the City of any anticipated discontinuations. Proposed replacement equipment must be submitted for review and approval prior to completion of any substitution. 2.59. TERMINATION A. FOR DEFAULT If Successful Bidder 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 shall be liable for damages including the excess cost of procuring similar supplies or services: provided that if, (1) it is determined for any reason that the Successful Bidder was not in default or (2) the Successful Bidder's failure to perform is without 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) 1433386 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 interest 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 will be compensated in accordance with an agreed upon adjustment of cost. To the extent that this Contract is for services and so terminated, the City of Miami shall be liable only for payment in accordance with the payment provisions of the Contract for those services rendered prior to termination. 2.60. 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 Successful Bidder's authorized signature affixed to the Successful Bidder(s)'s acknowledgment form attests to this. 2.61. EQUITABLE ADJUSTMENT The Procurement Department may, in its sole discretion, make an equitable adjustment in the contract terms and/or 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 affects the Successful Bidder that continued performance of the contract would result in substantial loss. Successful Bidder shall supply documentation to justify any requested percentage increase in cost to the City of Miami. Invitation for Bid (IFB) 1433386 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK Successful Bidder shall provide all labor, parts, materials, and equipment, necessary for air condition repair services, Citywide. The repair services, include, but are not limited to, package units, and condensing units. The City reserves the right to add additional items, services, products, suppliers, and facilities as needed. This is a Citywide contract inclusive of Parks, except for the following Parks which are not included in this solicitation: 1. Jose Marti Park Gym; 2. Little Haiti Cultural Center; 3. Moore Park; and 4. West End Park. Refer to Attachment C — Master List — Parks for the list of City of Miami Parks. Repair Services Repairs shall be performed at the hourly rate specified on the Bid Price Sheet. The hourly rate specified shall include full compensation for labor, equipment use, and travel time. Materials/parts required for repair jobs shall be as stated in Section 2.35 Equipment/Supplies Mark -Up. 1. Response time for repair jobs will be four (4) hours for non -emergency services, and one (1) hour for emergency services. Failure by the Successful Bidder to adhere to these response times will place the Successful Bidder in default of Contract; 2. Repair services shall be available to the City twenty-four (24) hours a day, seven (7) days a week, year-round.. Repairs shall not be performed unless expressly authorized by the Project Manager or designee; 3. The City reserves the right to seek cost estimates from the Successful Bidder prior to the performance of any repair work. Quotes will be provided at no additional cost to the City. All invoices for repairs shall itemize the cost of labor, materials/parts, including the hourly rate, number of work hours required to complete work, and the Successful Bidder's actual cost for materials/parts; In addition to the above, the Successful Bidder shall: 1. Record pertinent system data alarm codes, pressures, temperatures, electrical readings necessary to determine the existing operating conditions of the system and provide proactive recommendations of possible future problems; 2. Furnish a service ticket after each service call; 3. Furnish a quarterly report to include but not limited to, parts repaired during the quarter, service tickets for the quarter, repair detail, name of park, date of service, and work order #. The quarterly report shall also include on the overall operating system conditions with recommendations for improvements as needed, to include projected cost of future repairs; and 4. Perform all repairs with Original Equipment Manufacturer (OEM) equipped service vehicle to minimize down time. Note: City reserves the right to seek out cost quotes of parts from Successful Bidder and other companies. Invitation for Bid (IFB) 1433386 In Accordance with Section 2.7, Bidder's Minimum Qualifications, Bidder(s) shall submit with their bid submittal the following: 1. Current Class A Air Conditioning Contractor's license, or a Mechanical Contractor's license; 2. EPA 608 Technical Program Certification; and 3. Signed Certification Statement with three (3) references, for your firm for projects within the past three (3) consecutive years, evidencing the minimum three (3) consecutive years' experience in the specified work herein. Failure to submit the above licenses, certifications, and signed Certification Statement with three (3) references, for your firm with your bid submittal, shall render your bid non -responsive. Notes: 1. The Successful Bidder shall not contract OEM; 2. All maintenance shall be done by the City "in-house"; 3. Any damage to any newly completed or in progress work will be the sole responsibility of the Successful Bidder to fix at no additional cost to the City. No time extension will be granted for any delays related to such damages; and 4. After award, the Successful Bidder shall agree that all cost proposals shall be submitted to the Project Manager, or designee within three (3) working days. *Note: Additional repairs outside the scope of work must be reported to the Project Manager, or designee prior to the commencement of repair. No work shall be completed without the written approval of the Project Manager or Designee. 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) 's expense. ANNIE PEREZ, CPPO Director of Procurement Titu of 4Thami ADDENDUM NO. 1 ARTHUR NORIEGA V City Manager IFB 1433386 July 24, 2023 Invitation for Bid ("IFB") Air Condition Repair Services, Citywide TO: ALL PROSPECTIVE BIDDERS: The following changes, additions, clarifications, and deletions amend the IFB documents of the above captioned IFB and shall become an integral part of the Contract Documents. 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 and reflect same on the documents you have on hand. The IFB's closing date and time has been changed to Wednesday, August 9, 2023, 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 4 . ��1i 4ft2 Annie Perez, CPPO (//J Director/Chief Procurement Officer Procurement Department AP:ts c. Natasha Colebrook -Williams, Assistant City Manager, Chief of Operations Jennifer Ramirez, Director, General Services Administration Christopher Evans, Director, Parks and Recreation 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: Tag of gtiianii ANNIE PEREZ, CPPO Director of Procurement ARTHUR NORIEGA V City Manager ADDENDUM NO. 2 IFB 1433386 August 4, 2023 Invitation for Bid ("IFB") Air Condition Repair Services, Citywide TO: ALL PROSPECTIVE BIDDERS The following changes, additions, clarifications, and deletions amend the IFB documents of the above captioned IFB and shall become an integral part of the Contract Documents. 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 B - Bid Price Sheet has been deleted in its entirety and is hereby replaced with Attachment B - Bid Price Sheet - Revised and can be found in the Document Section of Bidsync. B. Attachment C — Master List — Parks, has been added to the Solicitation and can be found in the Document Section of BidSync. C. Section 2.35 Parts at Pass Through Cost has been deleted in its entirety and is hereby replaced with the following language: Section 2.35 Equipment/Supplies Mark-up The Successful Bidder shall be limited to a maximum of 20% markup according to the pricing schedule below, on all equipment/supplies sold to the City of Miami ("City") according to the pricing the Successful Bidder paid. The tiered markup shall be: Tier 1, up to $1,000, 20%, Tier 2, $1,000 - $5,000, 15%, Tier 3, $5,000 - $10,000, 10%, and Tier 4, >$10,000 5% markup. Successful Bidder shall submit the manufacturers pricing list ("MPL") on an excel spreadsheet, when requested by the City, with current SKU or Item Numbers, Description of Item, Manufacturers Price, Markup Percentage, and Contract Price. The markups offered as a result of this IFB are for the purchase of individual items. The following is an example of a pricing list: Sample MPL SKU Description Manufacturers Price Markup Contract Price A-156958 AC XXXX $1,000 +20% $1,200 A-156853 AC XXXX $2,500 +15% $2,875 S-74659 AC XXXX $7,000 +10 % $7,700 A-12345 AC XXXX $11,000 +5% $11,550 1 D. Section 2.61 Equitable Adjustment has been added to the Solicitation: The Procurement Department may, in its sole discretion, make an equitable adjustment in the contract terms and/or 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 affects the Successful Bidder that continued performance of the contract would result in substantial loss. Successful Bidder shall supply documentation to justify any requested percentage increase in cost to the City of Miami. E. Section 3.1 Specifications/Scope of Work has been deleted in its entirety and is hereby replaced with the following language: Section 3.1 Specifications/Scope of Work Successful Bidder shall provide all labor, parts, materials, and equipment, necessary for air conditioning repair services, Citywide. The repair services, include, but are not limited to, package units and condensing units. The City reserves the right to add additional items, services, products, suppliers, and facilities as needed. This is a Citywide contract, inclusive of Parks, except for the following Parks which are not included in this Solicitation: 1. Jose Marti Park Gym; 2. Little Haiti Cultural Center; 3. Moore Park; and 4. West End Park. Refer to Attachment C — Master List — Parks for the list of City of Miami Parks. Repair Services Repairs shall be performed at the hourly rate specified on the Bid Price Sheet. The hourly rate specified shall include full compensation for labor, equipment use, and travel time. Materials/parts required for repair jobs shall be billed as stated in Section 2.35 Equipment/Supplies Mark -Up. 1. Response time for repair jobs will be four (4) hours for non -emergency services, and one (1) hour for emergency services. Failure by the Successful Bidder to adhere to these response times will place the Successful Bidder in default of Contract; 2. Repair services shall be available to the City twenty-four (24) hours a day, seven (7) days a week, year-round. Repairs shall not be performed unless expressly authorized by the Project Manager or designee; 3. The City reserves the right to seek cost estimates from the Successful Bidder prior to the performance of any repair work. Quotes will be provided at no additional cost to the City. All invoices for repairs shall itemize the cost of labor, materials/parts, including the hourly rate, number of work hours required to complete work, and the Successful Bidder's actual cost for materials/parts; 2 In addition to the above, the Successful Bidder shall: 1. Record pertinent system data alarm codes, pressures, temperatures, electrical readings necessary to determine the existing operating conditions of the system and provide proactive recommendation of possible future problems; 2. Furnish a service ticket after each service call; 3. Furnish a quarterly report to include but not limited to, parts repaired during the quarter, service tickets for the quarter, repair detail, name of park, date of service, and work order #. The quarterly report shall also include on the overall operating system conditions with recommendations for improvements as needed, to include projected cost of future repairs; and 4. Perform all repairs with Original Equipment Manufacturer (OEM) equipped service vehicle to minimize down time. Note: City reserves the right to seek out cost quotes of parts from the Successful Bidder and other companies. In Accordance with Section 2.7, Bidder's Minimum Qualifications, Bidder(s) shall submit with their Bid submittal the following: 1. Current Class A Air Conditioning Contractor's License, or a Mechanical Contractor's License; 2. EPA 608 Technical Program Certification; and 3. Signed Certification Statement with three (3) references, for your firm for projects within the past three (3) consecutive years, evidencing the minimum three (3) consecutive years' experience in the specified work herein. Failure to submit the above licenses, certifications, and signed Certification Statement with three (3) references for your firm with your Bid submittal, shall render your Bid non- responsive. Notes: 1. The Successful Bidder shall not contract OEM; 2. All maintenance shall be done by the City "in-house"; 3. Any damage to any newly completed or in progress work will be the sole responsibility of the Successful Bidder to fix at no additional cost to the City. No time extension will be granted for any delays related to such damage; and 4. After award, the Successful Bidder shall agree that all cost proposals shall be submitted to the Project Manager or designee within three (3) working days. *Note: Additional repairs outside the scope of work must be reported to the Project Manager or designee prior to the commencement of repair. No work shall be completed without the written approval of the Project Manager or designee. 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. 3 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)'s expense. F. The following is the City's response to questions received from prospective Bidders: Q1. Does this IFB contain maintenance? Al. No. This IFB is for repair services only. Maintenance will be performed in house by the City. Q2. Is a Quarterly Report required to be submitted by the Successful Bidder for repair services? A2. Yes. A Quarterly Report shall be submitted by the Successful Bidder, and it shall include all service tickets for the quarter, repair, location, date of service, and work order #'s. Q3. Are any of the City of Miami Parks with chillers included in this Solicitation? A3. No. The Parks with chillers are not included in this Solicitation? Q4. Is a service ticket required to be submitted by the Successful Bidder? A4. Yes. A service ticket must be submitted after each service call. Q5. Are control repairs included in this Solicitation? A5. No. Control repair services will be done by the Control company. Q6. Can the Successful Bidder use the City of Miami's Tax -Exempt Certificate to make purchases on behalf of the City? A6. No. The City's Tax -Exempt Certificate can only be used by the City to make purchases directly. 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. Natasha Colebrook -Williams, Assistant City Manager, Chief of Operations Jennifer Ramirez, Director, General Services Administration Christopher Evans, Director, Parks and Recreation Pablo Velez, Senior Assistant City Attorney Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director of Procurement 4 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: 5 ANNIE PEREZ, CPPO Director of Procurement Titu of 4Thami ADDENDUM NO. 3 ARTHUR NORIEGA V City Manager IFB 1433386 August 8, 2023 Invitation for Bid ("IFB") Air Condition Repair Services, Citywide TO: ALL PROSPECTIVE BIDDERS: The following changes, additions, clarifications, and deletions amend the IFB documents of the above captioned IFB and shall become an integral part of the Contract Documents. 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 and reflect same on the documents you have on hand. The IFB's closing date and time has been changed to Tuesday, August 22, 2023, 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 4. c11?a i �82 ,Annie Perez, CPPO (� Director/Chief Procurement Officer Procurement Department AP:ts c. Natasha Colebrook -Williams, Assistant City Manager, Chief of Operations Jennifer Ramirez, Director, General Services Administration Christopher Evans, Director, Parks and Recreation 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: