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HomeMy WebLinkAboutBack-Up DocumentsIFQ 1961386 BID TABULATION NON -FEDERALLY FUNDED PROJECTS All in One Fire Douglas Orr SIZE TYPE OF SERVICE QTY UNIT OF PRICE PRICE MEASURE 5/8" TEST 1 EACH $85.00 $195.00 1" TEST 1 EACH $85.00 $195.00 1 1/2" TEST 1 EACH $85.00 $195.00 2" TEST 1 EACH $85.00 $195.00 5/8" REPAIR 1 EACH $718.92 $525.00 1" REPAIR 1 EACH $718.92 $595.00 1 1/2" REPAIR 1 EACH $935.92 $725.00 2" REPAIR 1 EACH $935.92 $725.00 5/8" REPLACEMENT INSTALLATION 1 EACH $730.00 $1,295.00 1" REPLACEMENT INSTALLATION 1 EACH $762.50 $1,295.00 1 1/2" REPLACEMENT INSTALLATION 1 EACH $1,537.50 $2,295.00 2" REPLACEMENT INSTALLATION 1 EACH $1,617.50 $2,395.00 Total: $8,297.18 $10,630.00 Found Non - Responsive Lowest Responsive Bidder NOTE: New backflow prevention device installations (non -replacement backflows) will require a separate quote due to specific specifications and code requirements. Miami -Dade County Code, Chapter 32, Article VIII TOTAL TOTAL QTY PRICE 6 $1,170.00 23 $4,485.00 4 $780.00 19 $3,705.00 6 $3,150.00 23 $13,685.00 4 $2,900.00 19 $13,775.00 6 $7,770.00 23 $29,785.00 4 $9,180.00 19 $45,505.00 $135,890.00 IFQ 1961386 BID TABULATION FEDERALLY FUNDED PROJECTS All in One Fire Douglas Orr SIZE TYPE OF SERVICE QTY UNIT OF PRICE PRICE MEASURE 5/8" TEST 1 EACH $93.50 $195.00 1" TEST 1 EACH $93.50 $195.00 1 1/2" TEST 1 EACH $93.50 $195.00 2" TEST 1 EACH $93.50 $195.00 5/8" REPAIR 1 EACH $790.82 $525.00 1" REPAIR 1 EACH $790.82 $595.00 11/2" REPAIR 1 EACH $1,029.52 $725.00 2" REPAIR 1 EACH $1,029.52 $725.00 5/8" REPLACEMENT INSTALLATION 1 EACH $803.00 $1,295.00 1" REPLACEMENT INSTALLATION 1 EACH $838.75 $1,295.00 1 1/2" REPLACEMENT INSTALLATION 1 EACH $1,691.25 $2,295.00 2" REPLACEMENT INSTALLATION 1 EACH $1,779.25 $2,395.00 Total: $9,126.93 $10,630.00 Found Non - Responsive NOTE: New backflow prevention device installations (non -replacement backflows) will require a separate quote due to specific specifications and code requirements. Miami -Dade County Code, Chapter 32, Article VIII Lowest Responsive Bidder TOTAL TOTAL QTY PRICE 6 $1,170.00 23 $4,485.00 4 $780.00 19 $3,705.00 6 $3,150.00 23 $13,685.00 4 $2,900.00 19 $13,775.00 6 $7,770.00 23 $29,785.00 4 $9,180.00 19 $45,505.00 $135,890.00 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Arthur Noriega V City Manager signed by: gxdAsSa Watt, a5 Annie Perez, CPPO Director/Chief Procurement Officer Department of Procurement DATE: March 25, 2025 FILE SUBJECT: Recommendation for Approval to Award Backflow Preventer Installation, Repair, and Testing Services REFERENCES: Invitation for Bid ("IFB") No. 1961386 ENCLOSURES: Bid Tabulation RECOMMENDATION: Based on the findings below, the Department of Procurement ("Procurement"), hereby recommends award of Invitation for Bid, ("IFB") No. 1961386 to Douglas Orr, Inc. ("Douglas Orr") the lowest responsive and responsible bidder for backflow preventer installation, repair, and testing services on an as needed and emergency basis for both Group 1, Non -Federal and Group 2, Federally Funded Projects. The awarded vendor, contract terms, and amount are shown below: IFB No./Title: Contract Amount: Contract Term: Recommended Vendor: BACKGROUND: On December 16, 2024, Procurement on behalf of the Department of Resilience and Public Works ("RPW") issued IFB No. 1961386 for Backflow Preventer Installation, Repair, and Testing Services on an as needed or emergency basis, under full and open competition. On January 3, 2025, at bid closing two (2) bids were received. All Bids were evaluated and tabulated following the guidelines published in the Bid. One (1) Bidder was found non -responsive as they did not meet the minimum years in business qualification. Douglas Orr was deemed the lowest responsive and responsible bidder for both Groups 1, Non -Federally Funded Projects and Group 2, Federally Funded Projects. IFB No. 1961386, Backflow Preventer Installation, Repair, and Testing Services $135,890.00 annually for each group (Approximately $679,450.00 in the aggregate). Three (3) years with option to renew for two (2) additional one (1) year periods. Douglas Orr, Inc. ("Douglas Orr") Consequently, approval of this recommendation to award is requested. Your signature below will indicate approval of this recommendation. Approved: <-gn �s,gnedby N41.444 C .4-W;CGF.,,.a 0 0000g15D CA51D Arthur Noriega V, City Manager Date: March 31, 2025 1 15:18:42 EDT c: Juvenal Santana, P.E., Director, Resilience and Public Works Yadissa A. Calderon, CPPB, Assistant Director, Department of Procurement IFQ 1961386 BID TABULATION NON -FEDERALLY FUNDED PROJECTS All in One Fire Douglas Orr SIZE TYPE OF SERVICE QTY UNIT OF PRICE PRICE MEASURE 5/8" TEST 1 EACH $85.00 $195.00 1" TEST 1 EACH $85.00 $195.00 1 1/2" TEST 1 EACH $85.00 $195.00 2" TEST 1 EACH $85.00 $195.00 5/8" REPAIR 1 EACH $718.92 $525.00 1" REPAIR 1 EACH $718.92 $595.00 1 1/2" REPAIR 1 EACH $935.92 $725.00 2" REPAIR 1 EACH $935.92 $725.00 5/8" REPLACEMENT INSTALLATION 1 EACH $730.00 $1,295.00 1" REPLACEMENT INSTALLATION 1 EACH $762.50 $1,295.00 1 1/2" REPLACEMENT INSTALLATION 1 EACH $1,537.50 $2,295.00 2" REPLACEMENT INSTALLATION 1 EACH $1,617.50 $2,395.00 Total: $8,297.18 $10,630.00 Found Non - Responsive Lowest Responsive Bidder NOTE: New backflow prevention device installations (non -replacement backflows) will require a separate quote due to specific specifications and code requirements. Miami -Dade County Code, Chapter 32, Article VIII TOTAL TOTAL QTY PRICE 6 $1,170.00 23 $4,485.00 4 $780.00 19 $3,705.00 6 $3,150.00 23 $13,685.00 4 $2,900.00 19 $13,775.00 6 $7,770.00 23 $29,785.00 4 $9,180.00 19 $45,505.00 $135,890.00 IFQ 1961386 BID TABULATION FEDERALLY FUNDED PROJECTS All in One Fire Douglas Orr SIZE TYPE OF SERVICE QTY UNIT OF PRICE PRICE MEASURE 5/8" TEST 1 EACH $93.50 $195.00 1" TEST 1 EACH $93.50 $195.00 1 1/2" TEST 1 EACH $93.50 $195.00 2" TEST 1 EACH $93.50 $195.00 5/8" REPAIR 1 EACH $790.82 $525.00 1" REPAIR 1 EACH $790.82 $595.00 11/2" REPAIR 1 EACH $1,029.52 $725.00 2" REPAIR 1 EACH $1,029.52 $725.00 5/8" REPLACEMENT INSTALLATION 1 EACH $803.00 $1,295.00 1" REPLACEMENT INSTALLATION 1 EACH $838.75 $1,295.00 1 1/2" REPLACEMENT INSTALLATION 1 EACH $1,691.25 $2,295.00 2" REPLACEMENT INSTALLATION 1 EACH $1,779.25 $2,395.00 Total: $9,126.93 $10,630.00 Found Non - Responsive NOTE: New backflow prevention device installations (non -replacement backflows) will require a separate quote due to specific specifications and code requirements. Miami -Dade County Code, Chapter 32, Article VIII Lowest Responsive Bidder TOTAL TOTAL QTY PRICE 6 $1,170.00 23 $4,485.00 4 $780.00 19 $3,705.00 6 $3,150.00 23 $13,685.00 4 $2,900.00 19 $13,775.00 6 $7,770.00 23 $29,785.00 4 $9,180.00 19 $45,505.00 $135,890.00 1/16/25, 4:05 PM Detail by Entity Name DIVISION OF CORPORATIONS ip VEIDA r ■Y r] l r tr l INF4 / r ._...siminue' f, an official laic of Flotilla stadil lie Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Profit Corporation DOUGLAS ORR PLUMBING, INC. Filing Information Document Number 594625 FEI/EIN Number 59-1958608 Date Filed 12/08/1978 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 12/07/2018 Event Effective Date NONE Principal Address 301 FLAGLER DRIVE MIAMI SPRINGS, FL 33166 Mailing Address 301 FLAGLER DRIVE MIAMI SPRINGS, FL 33166 Registered Agent Name & Address ORR, WAYNE M 301 FLAGLER DRIVE MIAMI SPRINGS, FL 33166 Name Changed: 02/08/2012 Address Changed: 04/30/2018 Officer/Director Detail Name & Address Title COO, Chairman ORR, WAYNE M 301 FLAGLER DRIVE MIAMI SPRINGS, FL 33166 Title VP, Secretary https://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=EntityName&directionType=l nitial&searchNameOrder=DOUGLA... 1/3 1 /16/25, 4:05 PM BEROUNSKY, KEVIN 301 FLAGLER DRIVE MIAMI SPRINGS, FL 33166 Title President, Treasurer spiegelberg, marcus 301 FLAGLER DRIVE MIAMI SPRINGS, FL 33166 Title VP Putnam, Jason 301 FLAGLER DRIVE MIAMI SPRINGS, FL 33166 Title VP Mascaro, Richard 301 FLAGLER DRIVE MIAMI SPRINGS, FL 33166 Annual Reports Report Year Filed Date 2022 01/24/2022 2023 01/17/2023 2024 02/01/2024 Document Images 02/01 /2024 --ANNUAL REPORT 01/17/2023 --ANNUAL REPORT 01/24/2022 --ANNUAL REPORT 01/11/2021 --ANNUAL REPORT 01/17/2020 --ANNUAL REPORT 02/07/2019 --ANNUAL REPORT 12/07/2018 --Amendment 05/25/2018 --Amendment 04/30/2018 -- Reg. Agent Change 01 /16/2018 --ANNUAL REPORT 02/09/2017 --ANNUAL REPORT 02/04/2016 --ANNUAL REPORT 04/22/2015 --ANNUAL REPORT 02/27/2014 --ANNUAL REPORT 02/13/2013 --ANNUAL REPORT 02/08/2012 --ANNUAL REPORT 01/12/2011 --ANNUAL REPORT 02/03/2010 --ANNUAL REPORT 03/24/2009 --ANNUAL REPORT View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Detail by Entity Name https://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=EntityName&directionType=1 nitial&searchNameOrder=DOUGLA... 2/3 1/16/25, 4:05 PM 01 /08/2008 -- ANNUAL REPORT 02/13/2007 --ANNUAL REPORT 05/01 /2006 -- ANNUAL REPORT 04/14/2005 --ANNUAL REPORT 04/16/2004 --ANNUAL REPORT 05/01 /2003 -- ANNUAL REPORT 07/16/2002 --ANNUAL REPORT 02/28/2001 --ANNUAL REPORT 01 /14/2000 -- ANNUAL REPORT 02/19/1999 --ANNUAL REPORT 04/23/1998 --ANNUAL REPORT 04/10/1997 --ANNUAL REPORT 04/10/1996 --ANNUAL REPORT 04/24/1995 --ANNUAL REPORT View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Detail by Entity Name Florida Department of State, Division of Corporations https://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=EntityName&directionType=1 nitial&searchNameOrder=DOUGLA... 3/3 DOUGLAS QRR PLUMBING rimr CITY OF MIAMI Invitation for Bid #1961386 Backflow Preventer Installation, Repair, and Testing Services 301 Flagler Drive Miami Springs, FL 33166 Office: 305-887-1687 Fax: 305-888-0678 www.orrplumbing.com ATTACHMENT A INVITATION FOR BID ("IFB") NO. 1961386 FOR BACKFLOW PREVENTER INSTALLATION, REPAIR, AND TESTING SERVICES CERTIFICATION STATEMENT AFFIRMATION AFFIDAVIT Marcus Spiegelberg , AS PRESIDENT/CEO OF Douglas Orr Plumbing HEREBY DECLARE, AFFIRM, AND CERTIFY THE FOLLOWING STATEMENTS: (1) THE PRINCIPAL(S) OF Douglas Orr Plumbing IS/ARE Kevin Berounsky, Jason Cobly Putnam, Rick Mascara Marcus Spiegelberg ;AND (2) NO PRINCIPAL HAS COMMITTED FRAUD OR THEFT, HAS NOT FILED FOR OR BEEN THE SUBJECT OF BANKRUPTCY, HAS BEEN SUMMONED TO RESPOND TO CRIMINAL CHARGES, OR BEEN CONVICTED UNDER FEDERAL OR STATE 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 DISHONESTY; AND (3) NO COMPANY REPRESENTATIVE OR PERSONNEL HAS COMMITTED FRAUD OR THEFT; SUMMONED TO RESPOND TO CRIMINAL CHARGES OR BEEN CONVICTED UNDER FEDERAL OR STATE STATUTES OF EMBEZZLEMENT, THEFT, FORGERY, BRIBERY, FALSIFICATION OR DESTRUCTION OE RECORDS, RECEIVING STOLEN PROPERTY OR ANY OTHER OFFENSEINDICATING A LACK OF BUSINESS INTEGRITY OR BUSINESS DISHONESTY. PURSUANT TO IFB GENERAL TERMS AND CONDITIONS SECTION 1.25 WHICH INCORPORATES SECTION 18-107 OF THE PROCUREMENT CODE, ALL CONTRACTS FOR GOODS AND SERVICES, SALES, AND LEASES ISSUED BY THE CITY SHALL INCLUDE A CERTIFICATION THAT NEITHER THE CONTRACTUAL PARTY NOR ANY OF ITS PRINCIPAL OWNERS OR PERSONNEL HAVE BEEN CONVICTED OR COMMITTED ANY OF THE VIOLATIONS SET FORTH IN SECTION 1.25 GENERAL TERMS AND CONDITIONS. IN THE EVENT THAT THE BIDDER IS UNABLE TO PROVIDE SUCH CERTIFICATION, BUT STILL WISHES TO BE CONSIDERED FOR AWARD OF THIS SOLICITATION, THE BIDDER SHALL FURNISH A WRITTEN EXPLANATION OF THE FACTS SUPPORTING ANY EXCEPTION TO THE REQUIREMENT FOR CERTIFICATION THAT IT CLAIMS. THE BIDDER AGREES TO COOPERATE FULLY WITH THE CITY IN ANY INVESTIGATION UNDERTAKEN BY THE CITY TO DETERMINE WHETHER THE CLAIMED EXCEPTION IS APPLICABLE. ( SOLEMNLY DECLARE, AFFIRM, AND CERTIFY THAT THE CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION, AND BELIEF. Douas Oar, f iumbii g (NAME OF COMPANY/FIRM) J IGNATURE) Marcus Spiegelbbr , PRESIDENT/CEO (PRINTED NAME) January 7th, 2025 DATE State of Florida County of Miami -Dad On this, the 7th day of January , 2025, before me personally appeared, Marcus Spiegelberg , the President/CEO of Dou,,gIas Orr Plumbing , known to me (or satisfactorily proven) to be the person whose name Is subscribed to within this Instrument, and acknowledged that they executed the same for the purposes herein contained. In witegs hereof, I hereunto SeImy hand and official seal. NbtarV PGb! (SEAL) oc�`Y ........ILEANA MARIAMEDINA Notary Public - State of Florida Commission # HH 403399 °�' My Comm. Expires May 25, 2027 ATTACHMENT B INSURANCE ADDENDUM INSURANCE DEFINITIONS, REQUIREMENTS AND CONDITIONS The VENDOR/CONTRACTOR agrees to provide and maintain throughout the life of this contract and at Vendor/Contractor's expense insurance coverage outlined herewith as applicable insuring all operations related to the contract and any extensions thereof. Workers Compensation and Employers Liability Statutory and subject to the Laws of the State of Florida. This coverage protects against lawsuits stemming from workplace accidents. It provides for medical care to injured employees, along with compensation for lost income. Commercial General Liability It protects against accidents and injuries that occur on company property or the property of a customer. It compensates an injured person or owner of property for injuries and property damages, and the cost of defending lawsuits, including legal settlements or investigations. This policy also covers claims resulting from products exposures, libel, slander, copyright infringement and other personal and advertisement injuries. Commercial Automobile Liability It protects against liability, no fault, medical payments, uninsured and underinsured motorists claims, collision and other than collision physical damage. In addition, this policy affords coverage on autos that are hired or borrowed or non -owned for use in the business. The non -owned can be autos owned by employees or members of their households. Non Owned Auto exposures can be endorsed or added under the Commercial General Liability Policy. Professional/Errors and Omissions Liability Used by many professionals such as engineers, lawyers, accountants, stock brokers, financial advisers, insurance agents, court reports, dentists, nurses and teachers. It protects against the financial effects of liability lawsuits filed by clients. It basically protects professionals who cause harm to a client due to incompetence, errors or negligence. Umbrella Liability It protects against liability and losses after primary insurance benefits have been exhausted. This supplemental coverage kicks in only after the underlined liability policies have paid their maximum benefits. Environmental Liability It protects against the financial costs of claims of injury or damage due to pollution, and other costs of cleaning up pollutants. These policies are designed to cover both property and liability risks. Directors and Officers Liability This coverage protects against claims from stockholders, employees and clients that are also aimed individually at directors and officers. These claims typically stem from errors in judgement, breaches of duty and wrongful acts in connection with company business. Cyber Liability It protects against costs of the theft, destruction or unauthorized use of electronic data through computer viruses or network intrusions. It also adds protection to a business against such costs if a business fails to safeguard another party's electronic data. Companies sharing data outside their internal network benefit from this coverage Commercial Property It protects against claims or damages to the insured's buildings, business personal property and personal property of others. It can also provide for loss of business income coverage or extra expenses incurred because of physical loss by a covered peril to the insured's property. Commercial Crime It protects against loss of money, securities and other property because of a variety of criminal acts such as employee theft or embezzlement, burglary, robbery, forgery, computer fraud, kidnapping and extortion. Crime insurance also covers money and securities against damage or destruction by almost any cause of loss, not just crime. Builders Risk It protects against damage to or destruction of buildings or other structures during their construction. Any party with a financial interest in a construction, remodeling, or repair project benefits from this coverage. Surety Bonds Surety bonds are three party contracts. The principal, the party that undertakes the obligation, pays for the issuance of a bond by a surety company. The bond provides capital to guarantee the obligation will be performed. The obligee is the party that receives the benefit of the bond If the obligation is improperly performed. Valuable Papers It pays for the cost to reconstruct damaged or destroyed valuable papers and records. Typically is defined to include almost all forms of printed documents or records with the exception of money or securities, and data and media which is usually excluded. Additional Requirements The Vendor/Contractor must furnish the City of Miami, Department of Procurement, and Risk Management located at 444 S.W. 2nd Avenue Miami, Florida 33130, original Certificates of insurance to be in force on the date of this Contract, and Renewal Certificates of insurance thereafter. All policies indicated on the certificate must be in compliance with all Contract requirements. The failure of the City to obtain the applicable or corresponding certificates from Contractor is not a waiver by the City of any requirements for the Vendor/Contractor. The Vendor/Contractor must furnish Certificates insurance listing the City of Miami as an additional insured. All insurance certificates must be signed, dated and reference the City contract number. The insurance must provide for sixty (30) days prior written notice to be given to the City in the event coverage is substantially changed, canceled, or non -renewed. Any deductibles or self -insured retentions on referenced insurance coverages must be borne by Vendor/Contractor. The Vendor/Contractor further agrees to have insurers waive their rights of subrogation against the City of Miami, its employees, elected officials, agents, or representatives. The coverages and limits furnished by Vendor/Contractor in no way limit the Vendor/Contractor's liabilities and responsibilities specified within the Contract or law. Any insurance or self-insurance programs maintained by the City of Miami shall not contribute with insurance provided by the Vendor/Contractor under the Contract. The required insurance to be carried is not limited by any limitations expressed in the indemnification language in this Contract or any limitation placed on the indemnity in this Contract given as a matter of law. If the Vendor/Contractor is a joint venture or limited liability company, the insurance policies must name the joint venture or Limited Liability Company and each of its separate constituent entities as named insureds. The Vendor/Contractor must require all subcontractors to provide the insurance required herein. All subcontractors are subject to the same insurance requirements of the Vendor/Contractor unless otherwise specified in this Contract. If the Vendor/Contractor or subcontractor desire additional coverages, the party desiring the additional coverages is responsible for the acquisition and cost. Notwithstanding any provision in the Contract to the contrary, the City of Miami Risk Management Department maintains and reserves the right to modify, delete, alter or change these requirements. I RFP NO.: 1961386 ATTACHMENT C Reference Submittal Form FIRM NAME: Douglas Orr Plumbing, Inc. Reference Summarized Requirements: Refer to the details in Section 2 Special Conditions, (Paragraph Section 2.12 2.12 References) to verify that the information provided will suffice as proof of meeting the requirements of this solicitation. Past Performance Reference Check #1 Company/Organization Name: FIU - Florida International University Address: 11040 SW 14th Street / Miami, FI, 33174 Contact Person: Roberto Iglesias / Facilities Manager Contact Phone Number and Email: 305-348-1162 / robigles@fiu.edu Date of Contract or Sale: > 20 years Prime or Subcontractor: Service Contractor Other (Description of Service, Total dollar value of Contract, etc.): $500.00 - $600k/ year Past Performance Reference Check #2 Company/Organization Name: Memorial Healthcare Systems Address: 3501 Johnson St. Hollywood, FI 33021 Contact Person: Vince Palmiere / Facilities Team Leader Contact Phone Number and Email: 954-987-2000 / vpalmieri@mhs.net Contact E-mail (if applicable): Date of Contract or Sale: 2013 Prime or Subcontractor: Service Contractor Other (Description of Service, Total dollar value of Contract, etc.): $500.00 - $600k/ year Past Performance Reference Check #3 Company/Organization Name: NOVA Southeastern University Address: Contact Person: Daniel Alfonso / VP Facilities Mgt. Contact Phone Number and Email: 954-262-8835 / djalfonso@nova.edu Contact E-mail (if applicable): Date of Contract or Sale: 2021 Prime or Subcontractor: Service Contractor Other (Description of Service, Total dollar value of Contract, etc.): $500.00 - $600k/ year 1 CITY 0 F MIAMI LOCAL OFFICE CERTIFICATION (City Code, Chapter 18, Article III, Section 18-73) Solicitation Type and Number: I FB 1961386 (i.e. IFQ/IFB/RFP/RFQ/RFLI No. 123456) Solicitation Title: Backflow Preventer Installation, Repair, & Testing Services Douglas Orr Plumbing, Inc. (Bidder/Proposer) hereby certifies compliance with the Local Office requirements stated under Chapter 18/Article III, Section 18-73, of the Code of the City of Miami, Florida, as amended. Local office means a business within the city which meets all of the following criteria: (1) Has had a staffed and fixed office or distribution point, operating within a permanent structure with a verifiable street address that is located within the coiporate limits of the city, for a minimum of twelve (12) months immediately preceding the date bids or proposals were received for the purchase or contract at issue; for purposes of this section, "staffed" shall mean verifiable, full-time, on -site employment at the local office for a minimum of forty (40) hours per calendar week, whether as a duly authorized employee, officer, principal or owner of the local business; a post office box shall not be sufficient to constitute a local office within the city; (2) If the business is located in the permanent structure pursuant to a lease, such lease must be in writing, for a term of no less than twelve (12) months, been in effect for no less than the twelve (12) months immediately preceding the date bids or proposals were received, and be available for review and approval by the chief procurement officer or its designee; for recently -executed leases that have been in effect for any period less than the twelve (12) months immediately preceding the date bids or proposals were received, a prior fully -executed lease within the corporate limits of the city that documents, in writing, continuous business residence within the corporate limits of the city for a term of no less than the twelve (12) months immediately preceding the date bids or proposals were received shall be acceptable to satisfy the requirements of this section, and shall be available for review and approval by the chief procurement officer or its designee; further requiring that historical, cleared rent checks or other rent payment documentation in writing that documents local office tenancy shall be available for review and approval by the chief procurement officer or its designee; (3) Has had, for a minimum of twelve (12) months immediately preceding the date bids or proposals were received for the purchase or contract at issue, a current business tax receipt issued by both the city and Miami - Dade County, if applicable; and (4) Has had, for a minimum of twelve (12) months immediately preceding the date bids or proposals were received for the purchase or contract at issue, any license or certificate of competency and certificate of use required by either the city or Miami -Dade County that authorizes the performance of said business operations; and (5) Has certified in writing its compliance with the foregoing at the time of submitting its bid or proposal to be eligible for consideration under this section; provided, however, that the burden of proof to provide all supporting documentation in support of this local office certification is borne by the business applicant submitting a bid or proposal. 1 FORM -City of Miami Local Office Certification 7/22/2013 PLEASE PROVIDE THE FOLLOWING INFORMATION: Bidder/Proposer Local Office Address: 301 Flagler Drive, Miami Springs, FI 33166 Does Bidder/Proposer conduct verifiable, full- time, on -site employment at the local office for a minimum of forty (40) hours per calendar week? / �✓ YES ❑ NO If Bidder/Proposer's Local Office tenancy is pursuant to a lease, has Bidder/Proposer enclosed a copy of the lease? YES ❑ NO 17 N/A Has Bidder/Proposer enclosed a copy of the Business Tax Receipt (BTR) issued by the City of Miami and Miami -Dade County? City of Miami: YES NO ❑ Exempt Cite Exemption: Miami -Dade County: VI YES ❑ NO Exempt Cite Exemption: Has Bidder/Proposer enclosed a copy of the license, certificate of competency and certificate of use that authorizes the performance of Bidder/Proposer's business operations? YES ❑ NO Bidder/Proposer's signature below certifies compliance with the Local Office requirements stated under Chapter 18/Article III, Section 18-73, of the Code of the City of Miami, Florida, as amended. g&2au1 sk� Print Name (Bidder/Proposer Authorized Representative) Signature Date 2 FORM -City of Miami local Office Certification 7/22/2013 STATE OF FLORIDA COUNTY OF Miami -Dade Certified to and subscribed before me this 7th day of January Kevin Berounsky (NOTARY SEAL) Personally Known x , 2025 by (Signal. re of Noi(ary Public -State of Flo3rd Ileana Maria Medina (Naive of Notary Typed, Printed, or Stamped) Type of Identification Produced OR Produced Identification ILEANA MARIA MEDINA Notary Public - State of Florida Commission # NH 403399 My Comm, Expires May 25, 2027 FORM -City of Miami Local Office Certification 7/22/7013 3 POLICY NUMBER: APIV1- 2-19 DATE: March 26, 2019 ISSUED BY: Emilio T Gonzalez, Ph.D. na er/De SIGNATURE CITY OF MIAMI * -* mite SUITED 1s !4 /.fJ. 5 kN ADMINISTRATIVE PO CV REVISIONS REVISED DATE OF SECTION REVISION [ reatud 312WI9 SUBJECT; ELIMINATING THE PROCESS OF CURING IRREGULARITIES IN DOCUMENTS SUBMITTED IN RESPONSE TO REQUEST FOR QUALIFICATIONS (RFQ), REQUEST FOR PROPOSALS (RFP), REQUESTS FOR LETTERS OF INTEREST (RFLI), INVITATION FOR BIDS (IFB), INVITATION TO BID (ITB), INVITATION TO QUOTE (ITQ), AND REQUEST FOR SPONSORSHIP (RFS) EFFECTIVE MAY 6,2019 PURPOSE: To improve the procurement solicitation process in order to provide internal and external customers with a more efficient and effective procurement of goods and services for the City of Miami, This APM establishes guidelines thateliminate the process of curing irregularities in proposals and bids submitted in response to RFQs, RFPs, RFLI's IFBs, ITBs, ITQs and RFS. BACKGROUND: Currently, the Department of Procurement "Procurerent") allows Proposers and Bidders to cure certain deficiencies, deviations, irregularities, omissions, and/or technicalities in proposals and bids submitted to the City in response to RFQs, RFPs, F FLIs, IFBs, ITBs, ITQs and RFS. In collaboration with the Department of Innovation and Technology "DoIt"), Procurement has identified the process of curing as the cause of significant delays in formal solicitation process. When proposals and bids require a cure, Procurement sends out a `'Notice to Cure" to Proposers and Bidders who are then given additional time to correct, complete, and re -submit the required documents, The process of curing is time intensive and delays the procurement of necessary goods and services for the City; it prolongs the due diligence review period and it stalls and delays the evaluation and selection process, resulting in the extension of time between the issuance of an RFP. RFQ, RFLI, IF13, ITB, ITQ, or RFS solicitation and its award date, City of Miami APM 2-I Elimination of Curinj IrrevIluriiiLs in Documents Submitted for RFQs, RFPs, RFLC's IFBs, ]113s, ITQs and RFS Eliminating the process of curing will streamline and improe the overall procurement solicitation process while making it more efficient by removing a source of delay, and more effective by concentrating due diligence reviews only on complete and responsive proposals and bids. Additionally, it is not a common procurement industry practice to allow cures. Other local public agencies such as Miami -Dade County and the Miami -Dade County Public School System do not presently allow cures in such similar instances. GUIDELINES: Procurement will only review and evaluate proposals and bids that have been deemed responsive. Responsive bids and proposals responses are defined by our Procurement Code.' Prospective Proposers and Bidders should understand that non -responsive proposals or bids will not be reviewed and will be eliminated from the evaluation and selection process. The City will not consider the curing of any proposal or bid that fail to meet the minimum qualifications or submission requirements of an RFQ, RFP, RFLI, IFB, ITB, IT(, or RFS as applicable. Material deficiencies, deviations, irregularities, omissions, and/or technicalities are not waivable. Proposals and bids submitted with deficiencies, irregularities, omissions, and/or technicalities that deviate from the minifnum qualifications and/or submission requirements for RFQs, RFPs, RFL1s, 1FBs, IT Bs, ITOs and RFS shall result in a non -responsive determination. The following list includes, but is not limited to, proposal and bid deficiencies, deviations, irregularities, omissions, and/or technicalities that shall result in a non -responsive determination for any solicitation issued on or after May 6, 2019: If a proposal or bid is missing forms, or contains unnotarized forms, unsigned forms, incorrect forms, or forms signed by any individual, other than the Proposer or Bidder, Proposer's or Bidder's team members, and/or individuals attesting to the stated project experience, the Proposer or Bidder will not be given time to cure the proposal or bid, and the City shall deem such proposal or bid non -responsive. The City, at its sole discretion, reserves the right to waive minor deviations not listed above_ Such minor deficiencies, deviations, irregularities, omissions, or technicalities may be timely cured by the Proposer or Bidder, at the sole discretion of the City. Material (i,e. substantial or notable) deficiencies, deviations, irregularities, omissions, or technical issues cannot be cured by the Proposer or Bidder and are not waivable by the City. For illustrative guidance please see below an excerpt from State of Florida procurement instructitns which discuss the difference in plain language between material and minor variances. Rev nrive bidder, proposer, offeror, or responderaf means a business which has submitted a bid, offer, proposal, quotation or response which conforms in all material respects to the solicitation. Sec. 1$-73, City Code. (Excerpt from 2012 WL 1155290 (Fla,Div.Admin. lrgs.) Mandatory Responsiveness Requirements: Terms, conditions or requirements that must be met by the proposer to be responsive to this RFP. The responsiveness requirements are mandatory, Failure to meet the responsiveness requirements will cause rejection of a proposal. Any proposal rejected for failure to meet mandatory responsiveness requirements will not be evaluated. 2 City ofMiami APIA 2-19 Elimination of Curing ]rregularities in Doeuinenis Submitted for RFQs, RFPs, RFW's [FI3s. [T[3s, rros and RFS 1.15 Material Deviations: The Department has established certain requirements with respect to proposals to be submitted by Proposers. The use of shall, mug or will (except to indicate simple futurity) in this RFP indicates a requirement or condition which may not be waived by the Department except where any deviation therefore is not material. A deviation is material if, in the Department's sole discretion, the deficient response is not in substantial accord with this RFP's requirements, provides an advantage to one Proposer over other Proposers, or has a potentially significant effect on the quantity or quality of items or services proposed, or on the cost to the Department, Material deviations cannot be waived and shall be the basis for rejection of a response. Because this is an RFP, the Department will apply this definition liberally in reviewing responses in regard to service delivery. 1.16 Minor Irreffularity: A variation from the TUT terms and conditions which does not affect the price proposed or gives the proposer an advantage or benefit not enjoyed by the other proposers or does not adversely impact the interests of the Department. 3 Title: Backflow Preventer Installation Repair & Testing IFB No.: List of Subcontracto 1961386 Completion of Form form is to be updated after award of the Contract as additional Subcontractors are added or changed. Submit additional pages as neceassary. Name of Firm Address Scope of Work Licenses % of Work Note: 1. The work performed by Subcontractor(s) listed cannot equal more than fiftenn percent (15%) of the total work for the Contract. 2. The foregoing list of Subcontractors may not be amended after award of the Contract without the prior written approval of the City's Project Manager identified in the Solicitation, whose approval will not be unreasonabley withheld. Name of Proposer: Douglas Orr Plumbing, Inc Date: 1-6-25 Name of Individual Completing Form: Kevin Berounsky Signature:74\ All work to be performed by Douglas Orr Plumbing, Inc IFQ 1961386 ATTACHMENT G NON -FEDERALLY FUNDED PROJECTS SIZE TYPE OF SERVICE QTY UNIT OF MEASURE PRICE 5/8" TEST 1 EACH $195.00 1" TEST 1 EACH $195.00 1 1/2" TEST 1 EACH $195.00 2" TEST 1 EACH $195.00 5/8" REPAIR 1 EACH $525.00 1" REPAIR 1 EACH $595.00 1 1/2" REPAIR 1 EACH $725.00 2" REPAIR 1 EACH $725.00 5/8" REPLACEMENT INSTALLATION 1 EACH $1,295.00 1" REPLACEMENT INSTALLATION 1 EACH $1,295.00 1 1/2" REPLACEMENT INSTALLATION 1 EACH $2,295.00 2" REPLACEMENT INSTALLATION 1 EACH Total: $2,395.00 $10,630.00 *Repair includes all parts, materials, equipment, supples, and labor necessary to complete the level of quality workmanship required by the City. *Replacement installation includes all parts, materials, equipment, supplies, and labor necessary to complete the level of quality workmanship required by the City. NOTE: New backflow prevention device installations (non -replacement backflows) will require a separate quote due to specific specifications and code requirements. Miami -Dade County Code, Chapter 32, Article VIII IFQ 1961386 ATTACHMENT H FEDERALLY FUNDED PROJECTS SIZE TYPE OF SERVICE QTY UNIT OF MEASURE PRICE 5/8" TEST 1 EACH $195.00 1" TEST 1 EACH $195.00 1 1/2" TEST 1 EACH $195.00 2" TEST 1 EACH $195.00 5/8" REPAIR 1 EACH $525.00 1" REPAIR 1 EACH $595.00 1 1/2" REPAIR 1 EACH $725.00 2" REPAIR 1 EACH $725.00 5/8" REPLACEMENT INSTALLATION 1 EACH $1,295.00 1" REPLACEMENT INSTALLATION 1 EACH $1,295.00 1 1/2" REPLACEMENT INSTALLATION 1 EACH $2,295.00 2" REPLACEMENT INSTALLATION 1 EACH Total: $2,395.00 $10,630.00 workmanship required by the City. level of quality workmanship required by the City. NOTE: New backflow prevention device installations (non -replacement backflows) will require a separate quote due to specific specifications and code requirements. Miami -Dade County Code, Chapter 32, Article VIII ANTI -HUMAN TR,4FF)`CKUNG AFFIDAVIT 1. The undersigned affirms, certifies, attests, and stipulates as follows: a. The entity is a non -governmental entity authorized to transact business in the State of Florida and in good standing with the Florida Department of State, Division of Corporations. b. The nongovernmental entity is either executing, renewing, or extending a contract (including, but not limited to, any amendments, as applicable) with the City of Miami ("City") or one of its agencies, authorities, boards, trusts, or oilier City entity which constitutes a governmental entity as defined in Section 287.138(1), Florida Statutes (2024). c. The nongovernmental entity is not in violation of Section 787.06, Florida Statutes (2024), titled "Human Trafficking." d, The nongovernmental entity does not use "coercion" for labor or services as defined in Section 787,06, Florida Statutes (2024), attached and incorporated herein as Exhibit Affidavit-1. 2. Under penalties of perjury,1 declare the following: a. I have read and understand the foregoing Anti -Human Trafficking Affidavit and that the facts, statements and representations provided in Section 1 are true and correct. b. 1 am an officer or a representative of the nongovernmental entity authorized to execute this Anti- Huinan Trafficking Affidavit. Nongovernmental Entity: 'b0YSi4s (Stu P J{ T, •c • Name; /4(v,� /36 4..st Officer Title: VP Signature of Officer: Office Address; 3D/ /4*f/ec a�tivt !'�r4 „r S.7.ip, , PC 33/44 Email Address: k[v/,v a) errs%v*, ;�, .« Main Phone Number: FEINNoSI$- if i/SI PC/ ol 3- STATE OF FLORIDA COUNTY OF MIAMI-FADE 3u5 - w - fCn The foregoing instrument was sworn to and subscribed before nie by means of 0(physical presence or ❑ online notarization, Ibis 7th day or October by Kevin Berounsky , as the authorized officer or representative for the nongovernmental entity.. He/she is personally known to nie or has produced as identification. (NOTARY PUBLIC S GAL) My Commission Expires: Signature of Person Taking Oath Ileana Maria Medina (Printed, Typed, or Stumped Name of Notary Public) ILEANA MARIA MEDINA Notary Public - State of Florida Commission # HH 403399 c°fa•. My Comm, Expires May 25, 2027 ATTACHMENT K CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his/her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officers or employee of Congress, or an employee or a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form, LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that II subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not Tess than $10,000 and not more than $100,000 for each such failure. The Contractor, p 1uI Ii1 ��� certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31, U.S.G. § 3801 et seq., apply to this certification and disclosure, if any. Signature of Contractor/Contractor's Authorized Official Name and Title of Contractor/Contractor's Authorized Official fizot.,45/4) Date: / a 1?/zy Certification Statement Please quote on this form, if applicable, net prices for the items) 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 rej ect 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 (1) 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 subrnitter. Please print the following and sign your name: PROPOSER NAME: Kevin Berounsky ADDRESS: 301 Flagler Drive / Miami Springs, FI 33166 PHONE: 305-887-1687 FAX: 305-888-0678 EMAIL: kevin@orrplumbing.com SIGNED BY: CELL(Optional): TITLE: VP DATE: 10-7-24 FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISQUALIFY THIS RESPONSE. Certifications Legal Name of Firm: Douglas Orr Plumbing, Inc. Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Corporation Year Established: 1974 Office Location: City of Miami, Miami -Dade County, or Other Miami Springs Business Tax Receipt/Occupational License Number: 4917440 Business Tax Receipt/Occupational License Issuing Agency: Miami -Dade County, State of Florida Business Tax Receipt/Occupational License Expiration Date: September 30, 2025 Federal Employee Identification Number (FEIN): 59-1958608 Will Subcontractor(s) be used? (Yes or No) If yes, complete Attachment F - Subcontractors and submit with your bid response. No PIease list and acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (i.e., Addendurn No. 1, 1/10/20). If no addendum/addenda was/were issued, please insert N/A. 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 attached to this solicitation as Attachment D - Local Office Certification.) n/a i Ron DeSantis, Governor STATE OF FLORIDA Melanie S. Griffin, Secretary dbpr DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD THE PLUMBING CONTRACTOR HEREIN IS CERTIFIED UNDER THE PROVISIONS OF CHAPTER 489, FLORIDA STATUTES r 1 1 1 41 • •• If rt, BEROUNSKY, KEVIN DOUGLAS ORR PLUMBING INC NIP 301 FLAGER DRIVE MIAMI SPRINGS FL 33166 .11 0:Jac it F9# LICENSE NUMBER: CFC1431165 EXPIRATION DATE: AUGUST 31, 2026 Always verify licenses online at MyFloridaLicense.com ISSUED: 07/15/2024 Do not alter this document in any form. I 0 1 r t s This is your license. It is unlawful for anyone other than the licensee to use this document. 001870 Local Business Tax Receipt Miami -Dade County, State of Florida -THIS IS NOT A BILL - DO NOT PAY 4708823 BUSINESS NAME/LOCATION RECEIPT NO. DOUGLAS ORR RENEWAL MUNICIPALITIES LOC 4917440 COMMERCIAL LESSORS FL 33888 OWNER DOUGLAS ORR Aggregate sq. ft 2375 LBT EXPIRES SEPTEMBER 30, 2025 Must be displayed at place of business Pursuant to County Code Chapter 8A - Art. 9 & 10 SEC TYPE OF BUSINESS 192 COMMERCUINDUST/OFFICE SPACE PAYMENT RECEIVED BY TAX COLLECTOR 575.00 07/11/2024 INT--24-424739 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 a qualifications, to do business. Holder must comply with any governmental or nongovernmental regulatory laws and requirements which apply to the business. The RECEIPT NO. above must be displayed on all commercial vehicles- Miami -Dade Code Sec 8a-216. for more information, visit www,miamidade.novltaxeofleotor 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: IFB Closing Date/Time: Pre-Bid/Pre-Proposal Conference: Pre-Bid/Pre-Proposal Date/Time: Pre-Bid/Pre-Proposal Location: Deadline for Request for Clarification: Contracting Officer: Hard Copy Submittal Location: Contracting Officer E-Mail Address: Contracting Officer Facsimile: 1961386 Invitation for Bid for Backflow Preventer Installation, Repair and Testing Services December 16, 2024 January 9, 2025 @ 4:30PM Voluntary December 18, 2024 @ 10:OOAM VIRTUAL January 3, 2025 @ 12:OOPM TAHLIA GRAY NO HARDCOPIES SUBMITTALS ALLOWED TGRAY@MIAMIGOV.COM 305-400-5019 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 Business Tax Receipt/Occupational License Number: Business Tax Receipt/Occupational License Issuing Agency: Business Tax Receipt/Occupational License Expiration Date: Federal Employee Identification Number (FEIN): Will Subcontractor(s) be used? (Yes or No) If yes, complete Attachment F - Subcontractors and submit with your bid response. Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (i.e., Addendum No. 1, 1/10/20). 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 attached to this solicitation as Attachment D - Local Office Certification.) IMPORTANT NOTICE TO BIDDERS: • FAILURE TO COMPLETE, SIGN AND UPLOAD THE CERTIFICATION STATEMENT AND CERTIFICATIONS SECTION WILL RENDER YOUR BID NON -RESPONSIVE. • FAILURE TO COMPLETE AND UPLOAD ANY REQUIRED DOCUMENTS WILL RENDER YOUR SUBMISSION AS NON -RESPONSIVE • IF ANY DOCUMENT IS TOO LARGE FOR UPLOADING, SPLIT THE DOCUMENT INTO MULTIPLE FILES, NAME THE FILES APPROPRIATELY AND UPLOAD INTO PERISCOPE. • CONTACT PERISCOPE VENDOR SUPPORT TOLL -FREE NUMBER 800-990-9339, OR EMAIL S2G-SUPPORT@PERISCOPEHOLDINGS.COM, FOR PERISCOPE TECHNICAL DIFFICULTIES AND PROBLEMS. General Terms and Conditions 1.0 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(s)/Contractor and return the product to the Successful Bidder(s)/Contractor at the Successful Bidder(s)/Contractor's expense. 1.2 ACCEPTANCE OF OFFER - The signed or electronic submission of a Bidder's response shall be considered an offer on the part of the Bidder; such offer shall be deemed accepted upon issuance by the City of a Purchase Order. 1.3 ACCEPTANCE/REJECTION - The City reserves the right to accept, reject any or all, or portion of responses after opening/closing date, and request re -issuance on the goods/services described in the Formal Solicitation. In the event of a rejection, the Director of Procurement shall notify all affected Bidders and provide a written explanation for such rejection. The City also reserves the right to reject the Response of any Bidder which has previously failed to properly perform under the Terms and Conditions of a City Contract, to deliver on time contracts of a similar nature, and which is not capable to perform the requirements defined in this Formal Solicitation. The foregoing is not an all-inclusive list of reasons for which a response may be rejected. The City further reserves the right to waive any irregularities, minor informalities, or technicalities in any or all responses and may, at its sole discretion, re -issue the Formal Solicitation. 1.4 ADDENDA - It is the Bidder's responsibility to ensure receipt of all Addenda. Responses to questions/inquiries from prospective Bidders will be provided in the form of an Addendum. Addenda are available on the Periscope Procurement Solutions Platform ("Periscope") only. 1.5 ALTERNATE RESPONSES -Alternate responses will not be considered, unless specifically requested by the City. 1.6 ASSIGNMENT - Successful Bidder(s)/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(s)/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(s)/Contractor which are directly pertinent to this Formal Solicitation, for the purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder(s)/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)'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(s)/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(s)/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(s)/Contractor. 1.10 AWARD OF CONTRACT - A. The Formal Solicitation, any addenda issued, the Bidder's response, and the Purchase Order shall constitute the entire Contract, unless modified in accordance with any ensuing Contract, or amendment. B. The award of a Contract, where there are Tie Bids, the tie breaker will be decided by the Director of Procurement or designee, in the instance that Tie Bids cannot be determined by applying Florida Statute 287.087, Preference to Businesses with Drug -Free Workplace Programs. C. The award of this Contract may be preconditioned on the subsequent submission of other documents as specified in the Special Conditions or Specifications/Scope of Work. Bidder may be found non- responsive if such documents are not submitted in a timely manner and in the form required by the City. Where Bidder is found non -responsive, the City, through action taken by the Department of Procurement, will void its acceptance of the Bidder's Response and may accept the Response from the next lowest responsive, responsible Bidder most advantageous to the City or may re -solicit for the goods/services. The City, at its sole discretion, may seek monetary restitution from Bidder and/or its bid bond or guaranty, and/or similar security, if applicable, as a result of damages or increased costs sustained as a result of the Bidder's failure to satisfy the City's requirements. D. The term of the Contract shall be specified in one of three documents which shall be issued to the Successful Bidder(s). 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(s)/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(s)/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(s)/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 Bidder(s)s within ten (10) days after the award and Successful Bidder(s)'s acceptance of award. If one hundred eighty (180) days have passed after the date of the Formal Solicitation closing date, and no Contract has been awarded, all bid deposits will be returned on demand. 1.12 BID SECURITY FORFEITED LIQUIDATED DAMAGES -Failure to execute a Contract and/or file an acceptable Performance Bond, when required, as provided herein, shall be just cause for the annulment of the award and the forfeiture of the Bid Bond/Bid Security to the City, which forfeiture shall be considered, not as a penalty, but in mitigation of damages sustained which cannot be determined at the time of award. Award may then be made to the next lowest responsive and responsible Bidder, or all Bid responses may be rejected. 1.13 BID RESPONSE FORM - All required forms in the Formal Solicitation should be completed, signed, and submitted accordingly as specified to in the Formal Solicitation. Digital signatures may only be utilized if expressly permitted in the solicitation. 1.14 BRAND NAMES - If, and wherever in the specifications, brand names, makes, models, names of any manufacturers, trade names, or Bidder catalog numbers are specified, it is for the purpose of establishing the type, function, minimum standard of design, efficiency, grade, or quality of goods only. When the City does not desire to rule out other competitors' brands or makes, the phrase "APPROVED EQUAL" is added. Unless otherwise specified, any manufacturers' names, trade names, brand names, information or catalog numbers listed in a specification are descriptive, not restrictive or exclusive. The Bidder shall provide any equipment that meets or exceeds the applicable specifications, including without limitation the following: Equal in every important attribute, to include industry quality measurable standard, quality of product, accessibility of distribution, durability/reliability/dependability and warranty coverage, and the delivery schedule. When bidding an "APPROVED EQUAL", Bidders shall submit, with their response, complete sets of necessary data (e.g., factory information sheets, specifications, brochures, etc.) in order for the City to evaluate and determine the equality of the item(s) bid. The Bidder shall demonstrate comparability, including appropriate catalog materials, literature, specifications, test data, etc. The City shall be the sole judge of equality and its decision shall be final. The City shall determine in its sole discretion, subject to the concurrence of the Project Manager whether goods are acceptable as an equivalent. Unless otherwise specified, evidence in the form of samples may be requested, if the 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(s)/Contractor understands that any capital expenditures that the Successful Bidder(s)/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(s)/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(s)/Contractor. If Successful Bidder(s)/Contractor has been unable to recoup its capital expenditures during the time it is rendering such goods/services, it shall not have any claim upon the City. 1.17 CITY NOT LIABLE FOR DELAYS -It is further expressly agreed that in no event shall the City be liable for, or responsible to, the Bidder, any subcontractor, or to any other person for, or on account of, any stoppages or delay in the work herein provided for by injunction, or other legal or equitable proceedings, or on account of any delay for any cause over which the City has no control. 1.18 COLLUSION - Bidder, by submitting a response, certifies that its response is made without previous understanding, agreement, or connection either with any person, firm, or corporation submitting a Bid for the same goods/services, or with the City of Miami's Procurement Department or initiating department. The Bidder certifies that its response is fair, without control, collusion, fraud, or other illegal action. Bidder certifies that it is in compliance with the Conflict of Interest and Code of Ethics Laws. The City will investigate all potential situations where collusion may have occurred, and the City reserves the right to reject any and all Bids where collusion may have occurred. 1.19 COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS - Successful Bidder(s)/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(s)/Contractor agree to comply with and observe all applicable laws, codes, regulations, and ordinances, and to secure all applicable public approvals and/or consents, of any governmental agency and/or owner of intellectual property rights as that may in any way affect the goods or services offered, including, but not limited to: A. Executive Order 11246, which prohibits discrimination against any employee, applicant, or client because of race, creed, color, national origin, sex, or age with regard to, but not limited to, the following: employment practices, rate of pay or other compensation methods, and training selection. B. Occupational, Safety and Health Act (OSHA), as applicable to this Formal Solicitation. C. The State of Florida Statutes, Section 287.133(3)(A) on Public Entity Crimes. D. Environment Protection Agency (EPA), as applicable to this Formal Solicitation. E. Uniform Commercial Code (Florida Statutes, Chapter 672). F. Americans with Disabilities Act of 1990, as amended. G. National Institute of Occupational Safety Hazards (NIOSH), as applicable to this Formal Solicitation. H. National Forest Products Association (NFPA), as applicable to this Formal Solicitation. I. City Procurement Ordinance, City Code Section 18, Article III. J. Conflict of Interest, City Code Section 2-611;61. K. Cone of Silence, City Code Section 18-74. L. The Florida Statutes Sections 218.70 to 218.79, the Prompt Payment Act. Lack of knowledge by the Successful Bidder(s)/Contractor will in no way be a cause for relief from responsibility. Non-compliance with all applicable local, State, and Federal directives, orders, codes, rules, regulations, and laws may be considered grounds for termination of Contract at the option of the City Manager. Copies of the City Ordinances may be obtained from the City Clerk's Office. 1.20 CONE OF SILENCE - Pursuant to Section 18-74 of the City of Miami Code, a "Cone of Silence" is imposed upon each Formal Solicitation once advertised and terminates at the time the City Manager issues a written recommendation to the Miami City Commission. The Cone of Silence shall be applicable only to Formal Solicitations for the provision of goods and services for amounts greater than $200,000. The Cone of Silence prohibits any communication regarding Formal Solicitations between, among others: Potential vendors, service providers, bidders, lobbyists or consultants and the City's professional staff including, but not limited to, the City Manager and the City Manager's staff; the Mayor, City Commissioners, or their respective staffs. The provision does not apply to, among other communications: oral communications with the City Procurement staff, provided the communication is limited strictly to matters of process or procedure already contained in the Formal Solicitation document; the provisions of the Cone of Silence do not apply to oral communications at duly noticed site visits/inspections, pre -bid conferences, or public presentations made to the Miami City Commission during a duly noticed public meeting; or communications in writing or by email at any time with any City employee, official or member of the City Commission unless specifically prohibited by the applicable Formal Solicitation documents; or communications in connection with the collection of industry comments or the performance of market research regarding a particular Formal Solicitation by City Procurement staff. Bidders must file a copy of any written communications with the Office of the City Clerk, which shall be made available to any person upon request. The City shall respond in writing and file a copy with the City Clerk's Office, which shall be made available to any person upon request. Written communications may be in the form of an e-mail, or fax with a copy to the City Clerk's Office being required. In addition to any other penalties provided by law, violation of the Cone of Silence by any Bidder shall render any award voidable. A violation by a particular Bidder, lobbyist or consultant shall subject same to potential penalties pursuant to the City Code. Any person having personal knowledge of a violation of these provisions shall report such violation to the State Attorney and/or may file a complaint with the Miami Dade County Commission on Ethics. This language is only a summary of the key provisions of the Cone of Silence. Please review City of Miami Code Section 18-74 for a complete and thorough description of the Cone of Silence. You may contact the City Clerk's Office at 305-250-5360 or clerks@miamigov.com, to obtain a copy of same. 1.21 CONFIDENTIALITY - As a political subdivision, the City of Miami is subject to the Florida Government in the Sunshine (public Meetings) Act and Public Records Act. If this Contract contains a confidentiality provision, it shall have no application when disclosure is required by Florida law or upon court order. 1.22 CONFLICT OF INTEREST - Bidders, by responding to this Formal Solicitation, certify that to the best of their knowledge or belief, no elected/appointed official or employee of the City of Miami is financially interested, directly or indirectly, in the purchase of goods/services specified in this Formal Solicitation. Any such interests on the part of the Bidder or its employees must be disclosed in writing to the City. Further, Bidder shall disclose the name of any City employee who owns, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in Bidder's firm. A. Bidder further agrees not to use or attempt to use any knowledge, property, or resource which may be within his/her trust, or perform his/her duties, to secure a special privilege, benefit, or exemption for himself/herself, or others. Bidder may not disclose or use information not available to members of the general public and gained by reason of his/her position, except for information relating exclusively to governmental practices, for his/her personal, or benefit, or for the personal gain, or benefit of any other person, or business entity. B. Bidder hereby acknowledges that he/she has not contracted or transacted any business with the City or any person, or agency acting for the City, and has not appeared in representation of any third party before any board, Commission, or agency of the City within the past two years. Bidder further warrants that he/she is not related, specifically the spouse, son, daughter, parent, brother, or sister, to: (i) any member of the Commission; (ii) the Mayor; (iii) any City employee; or (iv) any member of any board or agency of the City. C. A violation of this section may subject the Bidder to immediate termination of any contract with the City, and imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by and subject to action by the Miami -Dade County Commission on Ethics. 1.23 COPYRIGHT OR PATENT RIGHTS - Bidders warrant that there has been no violation of copyright or patent rights in manufacturing, producing, or selling the goods shipped or ordered and/or services provided as a result of this Formal Solicitation, and Bidders agree to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 1.24 COST INCURRED BY BIDDER - All expenses involved with the preparation and submission of Bids to the City, or any work performed in connection therewith shall be borne by the Bidder. 1.25 DEBARMENT AND SUSPENSIONS (SECTION 18-107) - A. Authority and requirement to debar/suspend. After reasonable notice to an actual or prospective Contractual Party, and after reasonable opportunity for such party to be heard, the City Manager, after consultation with the Chief Procurement Officer and the City Attorney, shall have the authority to debar a Contractual Party, for the causes listed below, from consideration for award of City Contracts. The debarment shall be for a period of not fewer than three (3) years. The City Manager shall also have the authority to suspend a Contractual Party from consideration for award of City Contracts if there is probable cause for debarment, pending the debarment determination. The authority to debar/suspend contractors shall be exercised in accordance with regulations which shall be issued by the Chief Procurement Officer after approval by the City Manager, the City Attorney, and the City Commission. B. Causes for debarment/suspension. Causes for debarment or suspension include the following: 1. Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a public or private Contract or subcontract, or incident to the performance of such Contract or subcontract. 2. Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty. 3. Conviction under state or federal antitrust statutes arising out of the submission of Bids or Proposals. 4. Violation of Contract provisions, which is regarded by the Chief Procurement Officer to be indicative of non -responsibility. Such violation may include failure without good cause to perform in accordance with the terms and conditions of a Contract or to perform within the time limits provided in a Contract, provided that failure to perform caused by acts beyond the control of a party shall not be considered a basis for debarment/suspension. 5. Debarment/suspension of the Contractual Party by any federal, state or other governmental entity. 6. False certification pursuant to paragraph C below. 7. Found in violation of a zoning ordinance or any other city ordinance or regulation and for which the violation remains noncompliant. 8. Found in violation of a zoning ordinance or any other city ordinance or regulation and for which a civil penalty or fine is due and owing to the city. 9. Any other cause judged by the City Manager to be so serious and compelling as to affect the responsibility of the Contractual Party performing city Contracts. C. Certification. All Contracts for goods and services, sales, and leases by the city shall contain a certification that neither the Contractual Party nor any of its principal owners or personnel have been convicted of any of the violations set forth above or debarred or suspended as set forth in paragraph (b)(5). D. Debarment and suspension decisions. Subject to the provisions of paragraph (a), the City Manager shall render a written decision stating the reasons for the debarment or suspension. A copy of the decision shall be provided promptly to the Contractual Party, along with a notice of said parry's right to seek judicial relief. 1.26 DEBARRED/SUSPENDED VENDORS - An entity or affiliate who has been placed on the State of Florida debarred or suspended vendor list may not submit a Response for a solicitation to provide goods or services to a public entity; may not submit a Response to a solicitation with a public entity for the construction or repair of a public building or public work; may not submit response on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. 1.27 DEFAULT/FAILURE TO PERFORM -The City shall be the sole judge of nonperformance, which shall include any failure on the part of the Successful Bidder(s)/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(s)/Contractor to meet any terms of a Contract, the City will notify the Successful Bidder(s)/Contractor of the default and will provide the Successful Bidder(s)/Contractor three (3) days (weekends and holidays excluded) upon notification, by the City, to remedy the default. Failure by the Successful Bidder(s)/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(s)/Contractor of its intentions and the effective date of the termination. The following shall constitute default: A. Failure to perform the work or deliver the goods/services required under the Contract, and/or within the time required, or failing to use the subcontractors, entities, and personnel as identified and set forth, and to the degree specified in the Contract. B. Failure to begin the work under this Contract within the time specified. C. Failure to perform the work with sufficient workers and equipment, or with sufficient materials to ensure timely completion. D. Neglecting or refusing to remove materials or perform new work where prior work has been rejected as nonconforming with the terms of the Contract. E. Becoming insolvent, being declared bankrupt, or committing any act of bankruptcy or insolvency, or making an assignment for the benefit of creditors, if the insolvency, bankruptcy, or assignment renders the Successful Bidder(s)/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(s)/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(s)/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(s)/Contractor will be passed on to the City. 1.30 DISCREPANCIES, ERRORS, AND OMISSIONS -Any discrepancies, errors, or omissions in the Formal Solicitation, or Addenda (as applicable), should be reported in writing to the City's Procurement Department. Should it be found necessary, a written Addendum will be incorporated in the Formal Solicitation and will become part of the Purchase Order (Contract documents). The City will not be responsible for any oral instructions, clarifications, or other communications. A. Order of Precedence. Any inconsistency in this Formal Solicitation shall be resolved by giving precedence to the following documents, the first of such list being the governing documents. 1. Addenda (if applicable) 2. Specifications 3. Special Conditions 4. General Terms and Conditions 1.31 EMERGENCY/DISASTER PERFORMANCE -In the event of a natural disaster or other emergency, or disaster situation, the Successful Bidder(s)/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(s)/Contractor shall deliver/perform for the City on a priority basis during such times of emergency. 1.32 ENTIRE BID CONTRACT -The Bid Contract consists of any amendments to the Bid Contract, the Formal Solicitation, including any addenda, Bidder's Response and any written agreement entered into by the City of Miami and Successful Bidder(s)/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 in writing by the City through the City Manager. 1.33 ESTIMATED QUANTITIES - Estimated quantities or dollars are provided for the Bidder's guidance only: (a) estimates are based on the City's anticipated needs and/or usage during a previous contract period and (b) the City may use these estimates to determine the low Bidder. Estimated quantities do not contemplate or include possible additional quantities that may be ordered by other government, quasi -government or non- profit entities utilizing this Contract. No guarantee is expressed or implied as to quantities that will be purchased during the Contract period. The City is not obligated to place an order for any given amount subsequent to the award of the Contract. Said estimates may be used by the City for purposes of determining the low Bidder meeting specifications. The City reserves the right to acquire additional quantities at the prices bid or at lower prices in this Formal Solicitation. 1.34 EVALUATION OF RESPONSES — A. Rejection of Bids. The City may reject a Bid for any of the following reasons: 1. Bidder fails to acknowledge receipt of addenda; 2. Bidder misstates or conceals any material fact in the Bid; 3. Bid does not conform to the requirements of the Formal Solicitation; 4. Bid requires a conditional award that conflicts with the method of award; 5. Bid does not include required samples, certificates, licenses; and, 6. Bid was not executed by the Bidder's authorized agent. The foregoing is not an all-inclusive list of reasons for which a Bid may be rejected. The City may reject, and/or re -advertise for all or any portion of the Formal Solicitation, whenever it is deemed in the best interest of the City. B. Elimination from Consideration. 1. A Bid Contract shall not be awarded to any person or firm which is in arrears to the City upon any debt or contract, or which is a defaulter as surety or otherwise upon any obligation to the City. 2. A Bid Contract may not be awarded to any person or firm which has failed to perform under the terms and conditions of any previous contract with the City or failed to deliver on time, under contracts of a similar nature. 3. A Bid contract may not be awarded to any person or firm who has been debarred by the City, in accordance with the City's Debarment and Suspension Ordinance (Section 18-107), or is currently debarred by the State of Florida or any political subdivision, or is on the convicted vendor's list per Section 287.133, Florida Statutes. 1.35 EXCEPTIONS TO GENERAL TERMS AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS - Exceptions to the specifications shall be listed in the Bid and shall reference the applicable section. Any exceptions to the General Terms and/or Special Conditions shall be cause for a Bid to be considered non- responsive. 1.36 FREIGHT ON BOARD (F.O.B) DESTINATION -Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the Bidder must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in the bid price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection of Bid. 1.37 FIRM PRICES - The Bidder warrants that prices, terms, and conditions quoted in its Bid will be firm throughout the duration of the Bid Contract unless otherwise specified in the Formal Solicitation. Such prices will remain firm for the period of performance, or resulting purchase orders, or Bid Contracts. 1.38 FLORIDA MINIMUM WAGE AND CITY OF MIAMI LIVING WAGE ORDINANCE - A. Florida Minimum Wage. In accordance with the Constitution of the State of Florida, Article X, Section 24, employers shall pay employee wages no less than the minimum wage for all hours worked in Florida. Accordingly, it is the Successful Bidder(s)'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 Depailnient 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)'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(s)/Contractor must provide for any, and all information to make a wage and contractual price increase(s) determination. B. 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. 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 Section 18-557 of the City Code for a complete and thorough description of the City of Miami Living Wage Ordinance. 1.39 GOVERNING LAW AND VENUE - The validity and effect of any Bid Contract as a result of this Formal Solicitation shall be governed by the laws of the State of Florida. The parties agree that any action, mediation, or arbitration arising out of the Bid Contract shall take place in Miami -Dade County, Florida. In any action or proceeding each party shall bear their own respective attorney's fees. 1.40 HEADINGS AND TERMS - The headings to the various paragraphs of the Bid Contract have been inserted for convenient reference only and shall not in any manner be construed as modifying, amending, or affecting in any way, the expressed terms and conditions hereof. 1.41 HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) - Any person, firm, or entity that performs or assists the City of Miami with a function or activity involving the use or disclosure of "individually identifiable health information (IIHI), and/or Protected Health Information (PHI), shall comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996, and the City of Miami Privacy Standards. HIPAA mandates for privacy, security, and electronic transfer standards, which include, but are not limited to: A. Use of information only for performing services required by the contract or as required by law; B. Use of appropriate safeguards to prevent non -permitted disclosures; C. Reporting to the City of Miami of any non -permitted use or disclosure; D. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the Bidder and reasonable assurances that IIHI/PHI will be held confidential; E. Making PHI available to the customer; F. Making PHI available to the customer for review and amendment; and incorporating any amendments requested by the customer; G. Making PHI available to the City of Miami for an accounting of disclosures; and H. Making internal practices, books and records related to PHI available to the City of Miami for compliance audits. PHI shall maintain its protected status regardless of the form and method of transmission (i.e., paper records, and/or electronic transfer of data). The Successful Bidder(s)/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(s)/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(s)/Contractor and persons employed or utilized by Successful Bidder(s)/Contractor in the performance of this Contract. The Successful Bidder(s)/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(s)/Contractor shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The Successful Bidder(s)/Contractor expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the Successful Bidder(s)/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(s)/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(s)/Contractor, or persons employed or utilized by the Successful Bidder(s)/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(s)/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(s)/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(s)/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(s)/Contractor or other acts of the Successful Bidder(s)/Contractor, the City, in no way, assumes or shares any responsibility or liability of the Successful Bidder(s)/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(s)/Contractor. 1.43 FORMATION AND DESCRIPTIVE LITERATURE - Bidders must furnish all information requested in the spaces provided in the Formal Solicitation. Further, as may be specified elsewhere, each Bidder must submit for evaluation, cuts, sketches, descriptive literature, technical specifications, and Material Safety Data Sheets (MSDS) as required, covering the products offered. Reference to literature submitted with a previous bid, or on file with the City, will not satisfy this provision. 1.44 INSPECTIONS - The City may, at reasonable times during the term of the Bid Contract, inspect Successful Bidder(s)'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(s)/Contractor, under the Bid Contract conform to the terms and conditions of the Formal Solicitation. Successful Bidder(s)/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(s)/Contractor, shall furnish the evidence of insurance to the Procurement Depaitnient, 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(s)/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(s)/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(s)/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(s)/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(s)/Contractor to the City shall include the Purchase Order number and description of goods and/or services delivered (i.e., quantity, unit price, extended price, etc.); and in compliance with Chapter 218 of the Florida Statutes (Prompt Payment Act). 1.48 LOCAL PREFERENCE -City Code Section 18-85, states, "when a responsive, responsible non -local Bidder submits the lowest bid price, and the bid submitted by one or more responsive, responsible local Bidders who maintain a local office, as defined in Section 18-73, is within fifteen percent (15%) of the price submitted by the non -local Bidder, then that non -local Bidder and each of the aforementioned responsive, responsible local Bidders shall have the opportunity to submit a best and final bid equal to or lower than the amount of the low bid previously submitted by the non -local Bidder. Contract award shall be made to the lowest responsive, responsible Bidder submitting the lowest best and final bid. In the case of a tie in the best and final bid between a local Bidder and a non -local Bidder, contract award shall be made to the local Bidder." 1.49 MANUFACTURER'S CERTIFICATION - The City reserves the right to request from Bidders a separate Manufacturer's Certification of all statements made in the Bid. Failure to provide such certification may result in the rejection of the Bid, or termination of the Bid Contract, for which the Bidder/Successful Bidder(s)/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 to the Bid Contract, Purchase Order, or award sheet, as applicable, or via a written amendment by the City Manager. 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(s)/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(s)/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)'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(s)/Contractor being found in default, in which event, any and all re -procurement costs may be charged against the defaulted Successful Bidder(s)/Contractor. Any violation of the above stipulations may also result in the Successful Bidder(s)/Contractor being removed from the City's supplier's list. 1.54 NONDISCRIMINATION - Successful Bidder/Proposer/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/Proposer/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/Proposer/Contractor shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Successful Bidder/Proposer/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/Proposer/Contractor affirms that no otherwise qualified individual shall solely by reason of their race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used, be excluded from the participation in, be denied benefits of, or be subjected to, discrimination under any program or activity. In connection with the conduct of its business, including performance of services and employment of personnel, Successful Bidder/Proposer/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. 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(s)/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(s)/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(s)/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. All bid amounts, if required, shall be either typewritten, or manually entered into the space provided, with ink. Failure to do so will be at the Bidder's risk. A. Each Bidder shall furnish the information required in the Formal Solicitation. The Bidder shall sign the Bid, and print type or manually enter the name of the Bidder, the Bidder's address and telephone number, on the face page and on each continuation sheet thereof, on which the Bidder makes an entry, where required. B. If so required, the unit price for each unit offered, shall be shown, and such price shall include packaging, handling, and shipping, and F.O.B. Miami delivery inside City premises, unless otherwise specified. Bidder 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)'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(s)/Contractor to other customers shall be passed on to the City. 1.64 PRODUCT SUBSTITUTES - In the event a particular awarded and approved manufacturer's product becomes unavailable during the term of the Bid Contract, the Successful Bidder(s)/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(s)/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(s)/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(s)/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(s)/Contractor shall be the responsibility of the Successful Bidder(s)/Contractor. Damages occurring to such property while in route to the City, shall be the responsibility of the Successful Bidder(s)/Contractor. In the event that such property is destroyed, or declared a total loss, the Successful Bidder(s)/Contractor shall be responsible for the replacement value of the property, at the current market value, less depreciation of the property, if any. 1.68 PROVISIONS BINDING - Except as otherwise expressly provided in the resultant Bid Contract, all covenants, conditions and provisions of the resultant Bid Contract, shall be binding upon, and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors, and assigns. 1.69 PUBLIC ENTITY CRIMES - A person or affiliate who has been placed on the convicted vendor list, following a conviction for a public entity crime may not: A. Submit a Bid to provide any goods or services to a public entity. B. Submit a Bid on a contract with a public entity for the construction or repair of a public building or public work. C. Submit responses on leases of real property to a public entity. D. Be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity. E. Transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 1.70 PUBLIC RECORDS - Successful Bidder(s)/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(s)/Contractor shall additionally comply with the provisions of Section 119.0701, Florida Statutes, titled "Contracts; public records". Successful Bidder(s)/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(s)/Contractor's failure or refusal to comply with the provision of this Section shall result in the immediate cancellation of the Bid Contract by the City. 1.71 QUALITY OF GOODS, MATERIALS, SUPPLIES, AND PRODUCTS - All materials used in the manufacturing, or construction of supplies, or materials, covered by the Formal Solicitation shall be new. The items bid shall be of the latest make or model, of the best quality, and of the highest grade of workmanship, unless as otherwise specified in the Formal Solicitation. 1.72 QUALITY OF WORK/SERVICES - The work/services performed shall be of the highest quality and workmanship. Materials furnished to complete the service shall be new and of the highest quality, except as otherwise specified in the Formal Solicitation. 1.73 REMEDIES PRIOR TO AWARD (SECTION 18-106) - If prior to a Bid Contract award, it is determined that a Formal Solicitation or proposed bid award is in violation of law, then the Formal Solicitation or proposed bid award shall be cancelled and all bids rejected by the City Commission, the City Manager, or the Chief Procurement Officer, as may be applicable, or revised to comply with the law. 1.74 RESOLUTION OF CONTRACT DISPUTES (SECTION 18-105): A. Authority to resolve Contract disputes. The City Manager, after obtaining the approval of the City Attorney, shall have the authority to resolve disputes between the Successful Bidder(s)/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 parry'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): 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. A. Protest of solicitation. 1. 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 2. 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. B. Protest of award. 1. 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 2. 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. 3. 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. 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. A. Hearing officer. The hearing officer may be a special master as defined in chapter 2, article X, section 2-811 of the City Code, or a lawyer in good standing with the Florida Bar for a minimum of ten years with a preference given to a lawyer who has served as an appellate or trial court judge. The hearing officer may be appointed from alternative sources (e.g., expert consulting agreements, piggyback contracts, etc.) where the city commission adopts a recommendation of the city attorney that such action is necessary to achieve fairness in the proceedings. The engagement of hearing officers is excluded from the procurement ordinance as legal services. The hearing officers appointed in the pre - qualified group should be scheduled to hear protests on a rotational basis. B. Right of protest. Any actual bidder or proposer who has standing under Florida law dissatisfied and aggrieved with the decision of the city regarding the protest of a solicitation or the protest of an award as set forth above in this section may request a protest hearing. Such a written request for a protest hearing must be initiated with a notice of intent to protest followed by an actual protest as provided in subsection 18-104(a). The notice of intent to protest and the actual protest must each be timely received by the chief procurement officer and must comply with all requirements set forth in subsection 18- 104(a). Failure to submit the required notice of intent to protest and the actual protest within the specified timeframes will result in an administrative dismissal of the protest. C. 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. Hearing procedure. The procedure for any such hearing conducted under this article shall be as follows: A. The city shall cause to be served by certified mail a notice of hearing stating the time, date, and place of the hearing. The notice of hearing shall be sent by certified mail, return receipt requested, to the mailing address of the protester. B. The party, any intervenor, and the city shall each have the right to be represented by counsel, to call and examine witnesses, to introduce evidence, to examine opposing or rebuttal witnesses on any relevant matter related to the protest even though the matter was not covered in the direct examination, and to impeach any witness regardless of which party first called him/her to testify. The hearing officer may extend the deadline for completion of the protest hearing for good cause shown, but such an extension shall not exceed an additional five business days. The hearing officer shall consider the written protest and supporting documents and evidence appended thereto, supporting documents or evidence from any intervenor, and the decision or recommendation as to the solicitation or award being protested, as applicable. The protesting party, and any intervenor, must file all pertinent documents supporting his/her protest or motion to intervene at least five business days before the hearing, as applicable. The hearing officer shall allow a maximum of two hours for the protest presentation and a maximum of two hours for the city response. When there is an intervenor, a maximum of two hours will be added for the intervenor. In the event of multiple protests for the same project, the hearing officer shall allocate time as necessary to ensure that the hearing shall not exceed a total of one day. C. The hearing officer shall consider the evidence presented at the hearing. In any hearing before the hearing officer, irrelevant, immaterial, repetitious, scandalous, or frivolous evidence shall be excluded. All other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible whether or not such evidence would be admissible in trial in the courts of Florida. The hearing officer may also require written summaries, proffers, affidavits, and other documents the hearing officer determines to be necessary to conclude the hearing and issue a final order within the time limits set forth by this section. D. The hearing officer shall determine whether procedural due process has been afforded, whether the essential requirements of law have been observed, and whether the decision was arbitrary, capricious, an abuse of discretion, or unsupported by substantial evidence as a whole. Substantial evidence means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. E. Within ten days from the date of the hearing, the hearing officer shall complete and submit to the City Manager, the City Attorney, any intervenor, the Chief Procurement Officer, and the person requesting said hearing a final order consisting of his/her findings of fact and conclusions of law as to the denial or granting of the protest, as applicable. F. The decisions of the hearing officer are final in terms of city decisions relative to the protest. Any appeal from the decision of the hearing officer shall be in accordance with the Florida Rules of Appellate Procedure. 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. 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. Costs. All costs accruing from a protest shall be assumed by the protestor. Filing fee. The written protest must be accompanied by a filing fee in the form of a money order or cashier's check payable to the city in an amount equal to one percent of the amount of the bid or proposed contract, or $5,000.00, whichever is less, which filing fee shall guarantee the payment of all costs which may be adjudged against the protestor in any administrative or court proceeding. If a protest is upheld by the chief procurement officer and/or the city commission, as applicable, the filing fee shall be refunded to the protestor less any costs assessed under subsection (e) above. If the protest is denied, the filing fee shall be forfeited to the city in lieu of payment of costs for the administrative proceedings as prescribed by subsection (e) above. (Ord. No. 12271, § 2, 8-22- 02; Ord. No. 13629, § 2, 9-8-16) 1.76 SAMPLES - Samples of items, when required, must be submitted within the time specified at no expense to the City. If not destroyed by testing, Bidder(s) will be notified by the City to remove such samples, at Bidder's expense, within 30 days after notification. Failure to remove the samples will result in such samples becoming the property of the City. 1.77 SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES - Successful Bidder(s)/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 - Bids may be submitted electronically via Periscope at or before, the specified closing date and time, as designated in the Formal Solicitation. NO EXCEPTIONS. A. Facsimile responses will not be considered. B. Failure to follow these procedures may deem your Bid non -responsive. C. The responsibility for obtaining and submitting a Bid on or before the Bid closing date is solely and strictly the responsibility of Bidder. The City is not responsible for delays specifically caused by any occurrence. Bids received after the Bid closing date and time, will be considered late, will remain unopened and will not be considered for award. D. Late, misdelivered, or incorrectly addressed responses will be rejected. E. All Bids are subject to the conditions specified herein. Bids that do not comply with these conditions may be deemed non -responsive. F. Modifications/changes of Bids already submitted will be considered only if received before the Bid closing date and time. All modifications/changes shall be submitted via Periscope. Once a Formal Solicitation closes (closed date and/or time expires), the City will not consider any subsequent modifications/changes which alters the Bids. 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(s)/Contractor effective as of the date specified in the notice, should any of the following apply: A. The Successful Bidder(s)/Contractor is determined by the City, to be in breach of any of the terns and conditions of the Bid Contract. B. The City has determined that such termination will be in the best interest of the City, to terminate the Bid Contract for its own convenience. C. Funds are not available to cover the cost of the contracted goods and/or services. The City's obligation is contingent upon the availability of appropriate funds. 1.83 TERMS OF PAYMENT - Payment will be made by the City after the goods and/or services have been received, inspected, and found to comply with award specifications, free of damage, or defect, and properly invoiced. Payment will be made after delivery, within forty-five (45) days of receipt of an invoice, and authorized inspection and acceptance of the goods/services, and pursuant to Section 218.74, Florida Statutes, and other applicable law. 1.84 TIMELY DELIVERY - Time will be of the essence for any orders placed as a result of the Formal Solicitation. The City reserves the right to cancel such orders, or any part thereof, without obligation, if delivery is not made within the time(s) specified in the Bid. Deliveries shall be made during regular City business hours, unless otherwise specified in the Special Conditions. 1.85 TITLE - Title to the goods shall not pass to the City until after the City has inspected and accepted the goods or used the goods, whichever comes first. 1.86 TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE -All Bids submitted to the City are subject to public disclosure, pursuant to Chapter 119, Florida Statutes. An exception may be made for "trade secrets." If the Bid contains information that constitutes a "trade secret", all material that qualifies for exemption from Chapter 119, must be submitted in a separate envelope, clearly identified as "TRADE SECRETS EXCEPTION," with Bidder's name, the Formal Solicitation number, and title marked on the outside. Please be aware that the designation of an item as a trade secret by Bidder may be challenged in court by any person. By Bidder's designation of material in Bidder's Response as a "trade secret" Bidder agrees to indemnify and hold harmless the City for any award to a plaintiff for damages, costs, or attorney's fees and for costs and attorney's fees, incurred by the City, by reason of any legal action challenging Bidder's claim. 1.87 UNAUTHORIZED WORK OR DELIVERY OF GOODS - Neither the Successful Bidder(s)/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(s)/Contractor. The Successful Bidder(s)/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)'s/Contractor's employee(s) not otherwise previously authorized. 1.88 USE OF NAME - The City is not engaged in research for advertising, sales promotion, or other publicity purposes. No advertising, sales promotion, or other publicity materials containing information obtained from the Formal Solicitation shall be mentioned, or imply the name of the City, without prior express written permission from the City Manager, or the City Commission. 1.89 VARIATIONS OF SPECIFICATIONS - For purposes of the Formal Solicitation evaluation, Bidder(s) must indicate any variances from the Formal Solicitation scope of work/specifications and/or conditions, no matter how slight. If variations, are not stated on their Bid, it will be assumed that the product fully complies with the Formal Solicitation's scope of work/specifications. 2. Special Conditions SPECIAL CONDITIONS APPLICABLE TO BOTH GROUPS (Group 1 Non -Federally Funded Projects and Group 2 — Federally Funded Projects 2.1 PURPOSE The purpose of this Solicitation is to establish a contract for backflow installation, repair and testing services, as specified herein, from a source(s), fully compliant with the terms, conditions, and stipulations of the Solicitation. 2.2 PRE -BID CONFERENCE A voluntary pre -bid conference will be held on December 4, 2024 at 10:00 AM, via Teams by clicking THIS LINK or via phone (786) 598-2961; Conference ID: 417812272#. A discussion of the requirements of the Solicitation will occur at that time. All questions and answers affecting the scope of work/specifications of the IFB will be included in an addendum, that will be distributed through Periscope, following the Pre -Bid Conference to all the attendees. Because the City considers the Pre -Bid Conference to be critical to understanding the Solicitation requirements, attendance is highly recommended. It is the Bidder's responsibility, prior to submitting a bid, to acquaint themselves thoroughly regarding any and all conditions and/or requirements that may in any manner affect the work to be performed. No allowances will be made because of lack of knowledge of these conditions. 2.3 DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION AND CLARIFICATION Any questions or clarifications concerning this solicitation shall be submitted via the Periscope Electronic Bidding System ("Periscope"), with a copy filed with the Office of the City Clerk via email at Clerks@miamigov.com, pursuant to Section 1.20. Cone of Silence. The solicitation title and number shall be referenced on all correspondence. All questions must be received no later than December 6, 2024, at 12:00 PM. All responses to questions will be sent to all prospective bidders in the form of an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. 2.4 SUBMISSION AND RECEIPT OF RESPONSE Electronic bid submittals to this IFB shall be submitted through the Periscope Electronic Bidding System ("Periscope") until the date and time as indicated in the Solicitation. The responsibility for submitting a bid on/or before the stated closing time and date is solely and strictly the responsibility of the Bidder. The City will in no way be responsible for delays caused by technical difficulties or caused by any other occurrence. Electronic bid submissions may require the uploading of electronic attachments. The submission of attachments containing embedded documents or proprietary file extensions is prohibited. All documents should be attached as individual files and labeled. Any bids received and time stamped through Periscope, prior to the bid submittal deadline, shall be accepted as a timely submittal and anything thereafter will be rejected. Additionally, Periscope will not allow for 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. Accordingly, Bidder: 1. Must register, free of charge, with Periscope 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 Periscope. 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 shall deem the bid non -responsive. 5. Must ensure that an 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 bid does not conform to the terms and conditions of this solicitation. 2.5 BIDDERS MINIMUM REQUIREMENTS Bids will be considered only from firms that are regularly engaged in the business of providing the services as described in this bid; and that have adequate financial support, equipment, and personnel to ensure that they can satisfactorily provide the goods and/or services if awarded a contract under the terms and conditions herein stated. The minimum qualifications for this bid are that the Successful Bidder(s) shall, as of bid due date: A. Not have any member, officer, or stockholder that is in arrears or is in default of any debt or contract involving the City, is a defaulter surety otherwise, upon any obligation to the City, and/or has failed to perform faithfully on any previous contract with the City; B. 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; Have adequate financial support, equipment, and organization to ensure that they can satisfactorily provide the goods and/or services if awarded a Contract under the terms and conditions herein stated. Bidders shall complete, sign, and have notarized Attachment A — Affidavit of Responsibility; C. Have the same Federal Employee Identification Number (FEIN) for the last five (5) consecutive years; D. Hold or have a subcontractor that holds a current Certified Plumbing Contractor's License as issued by the State of Florida. License shall be submitted at the time of bid submittal; and Holder of all licenses must be an employee of the Successful Bidder(s) or the subcontractor. Licenses and certifications must be provided in the bid response, including the license of the subcontractor(s). Failure to provide Licenses and Certifications shall deem the bid non -responsive. 2.6 METHOD OF AWARD This Solicitation will be awarded to the lowest responsive and responsible Bidder(s) on a Primary, Secondary, and Tertiary basis for each group, Group 1 Non -Federally Funded Projects and Group 2 Federally Funded Projects. Failure to bid on all line items for the group Bidder is bidding on, shall deem your bid non -responsive for that specific group. 2.7 TERM OF CONTRACT The Contract shall commence upon the date of notice of award and shall be effective for three (3) years with the option to renew for two (2) additional one (1) year periods, subject to need and the availability of funds for succeeding fiscal years. Continuation of the contract beyond the initial period is a City prerogative, not a right of the Bidder. This prerogative will be exercised only when such continuation is clearly in the best interest of the City. 2.8 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. 2.9 ESCALATION CLAUSE Successful Bidder(s) may request, in writing, including a justification, an adjustment of the prices submitted in the pricing schedules based on changes in the CPI for All Urban Consumers (CPI-U), U.S. City Average, Miami -Ft. Lauderdale, FL., no more than sixty (60) days, but no less than thirty (30) days prior to the yearly contract anniversary. If requested, the pricing schedule may be increased/decreased, if necessary, based on review of the CPI criteria listed above. Any adjustments made will be for the following contract year and will not be combined with previous years that were not requested within the date parameters set above (i.e., rate increase requested within the date parameters above in 2021, if approved will be for year 2022). Should the Successful Bidder(s) not submit their request for any particular year, they will forgo any change in the CPI. The City may, after review, refuse to accept the adjusted costs if they are not properly documented, increases are considered to be excessive, or decreases are considered to be insufficient. In the event the City does not wish to accept the adjusted costs, and the matter cannot be resolved to the satisfaction of the City, the City reserves the right to cancel the contract upon giving thirty (30) days' notice to the Successful Bidder(s). The Procurement Department may also, 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(s) that continued performance of the contract would result in a substantial loss. Successful Bidder(s) might have to supply documentation to justify any requested percentage increase in cost to the City of Miami. 2.10 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) of such occurrence, shall have the unqualified right to terminate the contract without any penalty or expense to the City. No guarantee, warranty or representation is made that any project(s) will be awarded to any firm(s). 2.11 INSURANCE REQUIREMENTS At the time of award, 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: Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000 General Aggregate Limit $2,000,000 Products/Completed Operations $1,000,000 Personal Injury $1,000,000 B. Endorsements Required City of Miami listed as an additional insured Contingent Exposures Included Primary Insurance Clause Endorsement Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 1,000,000 B. Endorsements Required City of Miami listed as an additional insured Worker's Compensation A. Limits of Liability Statutory -State of Florida Waiver of subrogation USL&H B. Employer's Liability Limits of Liability $100,000 for bodily injury caused by an accident, each accident. $100,000 for bodily injury caused by disease, each employee $100,000 for bodily injury caused by disease, policy limit Professional/E&O Liability A. Limits of Liability Combined Single Limit Each Claim $1,000,000 Policy Aggregate $1,000,000 Retroactive date included The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer not less than (30) days prior to any such cancellation or material change, or in accordance with policy provisions. BINDERS ARE UNACCEPTABLE. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the bidder. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: • The Company must be rated no less than "A" as to management, and no less than "Class V" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and/or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. Certificates will indicate no modification or change in insurance shall be made without thirty (30) days written advance notice to the certificate holder. Compliance with the foregoing requirements shall not relieve the bidder 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 Bidder shall be responsible for submitting new or renewed insurance certificates to the City at a minimum of ten (10) calendar days in advance of such expiration. In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the City shall: 1. Suspend the contract until such time as the new or renewed certificates are received by the City in the manner prescribed in the Invitation For Bid. 2. 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 Solicitation. 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). See Attachment B - Insurance Addendum. 2.12 REFERENCES Each bid must be accompanied by a list of three (3) references, by completing Attachment C - Reference Submittal Form. NO BID WILL BE CONSIDERED WITHOUT THIS LIST. These references must be from contracts within the last five (5) years and for services as described in this solicitation. 2.13 LOCAL OFFICE PREEFERENCE (NOT APPLICABLE TO GROUP 2 FEDERALLY FUNDED PROJECTS) 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 the Bid due date the following: • Completion and submission of Attachment D, City of Miami Local Office Certification Form; • Submission of a copy of the Proposer'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 Proposer/Bidder. 2.14 CURES Please refer to Section 1.56, Notice Regarding "Cures" of the General Terms and Conditions of this Solicitation as well as Attachment E - APM Regarding Cures, for further clarification of this policy. 2.15 LIVING WAGE ORDINANCE (NOT APPLICABLE TO GROUP 2 FEDERALLY FUNDED PROJECTS) The City of Miami Living Wage Ordinance is applicable to this service contract. Please refer to Section 1.38 of the General Terms and Conditions for further information and guidance on how to comply with this ordinance. 2.16 PROJECT MANAGER Upon award, Successful Bidder(s) shall report and work directly with Elyrosa Estevez, City Engineer, or designee, who shall be designated as the Project Manager(s) for the City. 2.17 SUBCONTRACTOR(S) Bidder(s) must list any or all subcontractor(s) that may be utilized to assist in the performance of the work specified herein on Attachment F - Subcontractors, if applicable. Any subcontractor(s) listed must meet the same requirements and submit the same information listed under the Bidder's Minimum Qualifications section. All information required shall be included in the solicitation response. If Bidder does not include any subcontractor(s) as part of its bid submittal, it will be construed that bidder will be able to handle the entire workload by itself and will not be allowed to subcontract any of the work unless it is requested in writing the hiring of subcontractor(s) with the aforementioned requirements attached to its request within seventy-two (72) hours of considering hiring subcontractor(s). The City will grant or deny such request in writing within forty- eight (48) hours of receiving said request. 2.18 RESPONSE TIME Successful Bidder(s) shall provide the City a contact who will be available to the City 24-hours/seven days a week in the event of an urgency. Failure to respond to a service call within the specified time may result in the Successful Bidder paying any and all costs associated with the services performed by a secondary vendor. 2.19 COMPLETED WORK The City shall be notified by the Successful Bidder(s) upon completion of work. The City shall inspect and approve the completed work before authorizing payment. Work not satisfactorily completed shall be redone by the Successful Bidder(s) at no additional charge to the City. The Successful Bidder(s) shall not begin work until a Purchase Order and/or a Notice to Proceed are received. 2.20 PERFORMANCE BOND Prior to commencing any work, the Successful Bidder(s) may be required to submit a Performance Bond equal to 100% of the estimated work required (inclusive of the Special Provisions line item, if applicable) within five (5) days after receiving a written notice from the City. This performance Bond for the satisfactory performance of this Contract. The Performance Bond can be in the form of a Cashier's Check, made payable to the City of Miami; a bond written by a surety company authorized to do business in the State of Florida and shall comply with State Statute 287.0935; or an Irrevocable Letter of Credit. If the latter is chosen, it must be written by a bank located in Miami -Dade County, be in the amount of the contract and should clearly and expressly state that it cannot be revoked until express written approval has been given by the City of Miami. The City, to draw on same, would merely have to give written notice to the bank with a copy to the Successful Bidder(s). Performance Bonds must be maintained until all of the assigned work has been completed and approved by the City in writing. If the Surety on any bond furnished by the Successful Bidder(s) is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Florida or it ceases to meet the requirements imposed by the City, the Successful Bidder(s) shall within five (5) calendar days substitute another bond and surety, both of which shall be acceptable to the City. If the Bidder cannot obtain another bond and surety within (5) calendar days, the City will accept and the Successful Bidder(s)shall provide an irrevocable letter of credit drawn on a Miami -Dade County, Florida bank until the bond and surety can be obtained. 2.21 METHOD OF PAYMENT Payment will be made within forty-five (45) calendar days, in accordance with Florida Statutes Sections 218.73 and 218.74 of the Prompt Payment Act for services rendered the previous month, upon submission of properly certified/approved invoices. All such information shall be provided to the City Project Manager, or designee. The City will pay the contract price minus any liquidated damages and/or other damages to the Successful Bidder upon completion and acceptance. Damages caused by the Successful Bidder's employees shall be estimated by the City Project Manager, or designee and computed actual costs and repairs shall be deducted from the Successful Bidder's total monthly billing. Each invoice shall include total cost, percent (%) retainage, if applicable, proof of payment to subcontractors and suppliers with corresponding release of liens forms and affidavits. 2.22 LIQUIDATED DAMAGES Failure to complete the project in accordance with the specifications and to the satisfaction of the City within the time stated, shall result in liquidated damages being assessed. The Successful Bidder shall be subject to an assessment of liquidated damages in the amount of $100.00 for each and every calendar day the work remains incomplete (not to exceed the total amount of the contract), as compensation due to the City for loss of use and for additional costs incurred by the City due to such incompletion of the work. The City shall have the right to deduct said liquidated damages from any amount due or that may become due to the Successful Bidder under this agreement or to invoice the Successful Bidder for such damages if the costs incurred exceed the amount due to the Successful Bidder. 2.23 CONTRACTOR TO BE REPRESENTED The Successful Bidder(s), at all times, must either be personally present at the worksite or be represented at the worksite by a responsible agent or agents designated by the Successful Bidder(s) in written notice to the City prior to the beginning of work. Such notification shall include pertinent data such as addresses, phone numbers, etc., where said agent or agents may be contacted at any time of the day or night. The agent or agents shall be clothed with full authority to act for the Successful Bidder(s) in all cases, and to carry out any instructions relative to the work may be given by the City. 2.24 USE OF PREMISES The Successful Bidder(s) shall confine their equipment, apparatus, the storage of materials, and the operation of their workmen to the limits indicated by law, ordinances, permits, or direction of the Project Manager, or designee, and shall not unreasonably encumber the premises with his/her materials. The Successful Bidder(s) shall take all measures necessary to protect their own materials. 2.25 DAMAGES TO PUBLIC/PRIVATE PROPERTY The Successful Bidder(s) shall carry out the work with such care and methods as not to result in damage to public or private property adjacent to the work. Should any public or private property be damaged or destroyed, the Successful Bidder(s), at their expense, shall repair or make restoration as is practical and acceptable to the City and/or owners of destroyed or damaged property promptly within a reasonable length of time. (Not to exceed one month from date damage was done). 2.26 PUBLIC CONVENIENCE AND SAFETY The Successful Bidder(s) shall conduct their work so as to interfere as little as possible with private business or public travel. The Successful Bidder(s) shall, at their own expense, whenever necessary or required, maintain barricades, maintain lights, and take such other precautions as may be necessary to protect life and property, and the Successful Bidder(s) shall be liable for all damages occasioned in any way by their actions or neglect or that of their agents or employees. The Successful Bidder(s) shall meet the following noise abatement performance standards for all construction equipment: 1. Between the hours of 6:00 PM and 8:00 AM the following day on weekdays, or at any time on Sundays or holidays, such that the sound therefrom creates a noise disturbance across and at a residential district boundary or within a noise sensitive zone, except for emergency work of public service utilities or by special permission issued pursuant to subsection (c) of City of Miami Ordinance Section 36-6, Construction Equipment. 2. At any other time, such that the sound level at or across a real property boundary exceeds a reading of 0.79 weighted average dBA for the daily period of operation. Such sound levels shall be measured with a sound level meter manufactured according to standards prescribed by the American National Standards Institute. 2.27 SAFETY MEASURES Successful Bidder(s) shall take all necessary precautions for the safety of employees and shall erect and properly maintain at all times all necessary safeguards for the protection of the employees and the public. Danger signs warning against hazards created by their operation and work in progress must be posted. All employees of Successful Bidder(s) shall be expected to wear safety eyewear, appropriate clothing, and hearing protection when and wherever applicable. The Successful Bidder(s) shall use only equipment that is fully operational and in safe operating order. Successful Bidder(s) shall be especially careful when servicing property when pedestrians and/or vehicles are in close proximity - work shall cease until it is safe to proceed. 2.28 ENVIRONMENTAL REGULATIONS The City reserves the right to consider a Bidder's history of citations and/or violations of environmental regulations in investigating a Bidder's responsibility, and further reserves the right to declare a Bidder non - responsible if the history of violations warrants such determination in the opinion of the City. 2.29 ADDITIONAL CONTRACTOR(S) OR SUBCONTRACTOR(S) There are no implied or express guarantee that all Successful Bidders under this contract will receive work assignments during any given catastrophic events such as tornadoes, hurricanes, severe storms, or any other public emergency. However, the City reserves the right to assign work to multiple Successful Bidders at any given point in time, add Contractor(s) who were not part of the initial award to the contract or direct Successful Bidder(s) to hire Subcontractor(s), which may or may not be part of this bid contract, to expedite the clean-up efforts to restore normalcy and order to the lives of City residents, businesses, and general public in an expeditious manner. 2.30 ADDITIONS/DELETIONS OF SERVICES/ITEMS/LOCATIONS/SUPPLIERS Although this Solicitation identifies specific services/items/locations/suppliers, it is hereby agreed and understood that any services/items/locations/suppliers may be added/deleted to/from this Contract at the option of the City. When an additional service/item/location to the Contract is required, the Successful Bidder(s) shall be invited to submit price quotes for these new product(s). 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 location/products/items/services, they shall be added to the Contract, whichever is in the best interest of the City, and an addendum and/or a separate purchase order shall be issued by the City. When additional suppliers are needed to provide originally contracted services/items/products, the City reserves the right to request quotes from the market and amend the contract to include the new suppliers. 2.31 FAILURE TO PERFORM Should it not be possible to reach the Successful Bidder(s) or supervisor and/or should remedial action not be taken within 48 hours of any failure to perform according to specifications, the City reserves the right to declare the Successful Bidder(s) in default of the contract or make appropriate reductions in the contract payment. 2.32 TERMINATION FOR DEFAULT If Successful Bidder(s) defaults in its performance under this Contract and does not cure the default within thirty (30) days after written notice of default, the City Manager may terminate this Contract, in whole or in part, upon written notice without penalty to the City of Miami. In such event the Successful Bidder(s) shall be liable for damages including the excess cost of procuring similar supplies or services: provided that if, (1) it is determined for any reason that the Successful Bidder(s) was not in default or (2) the Successful Bidder(s)'s failure to perform is without their or their Subcontractor's control, fault or negligence, the termination will be deemed to be a termination for the convenience of the City of Miami. 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(s) will be compensated in accordance with an agreed upon adjustment of cost. To the extent that this Contract is for services and so terminated, the City of Miami shall be liable only for payment in accordance with the payment provisions of the Contract for those services rendered prior to termination. 2.33 ADDITIONAL TERMS AND CONDITIONS No additional terms and conditions included as part of your solicitation response shall be evaluated or considered, and any and all such additional terms and conditions shall have no force or effect and are inapplicable to this solicitation. If submitted either purposely, through intent or design, or inadvertently, appearing separately in transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed that the General Conditions and Special Conditions in this solicitation are the only conditions applicable to this solicitation and that the Bidder's authorized signature affixed to the Bidder' s/Proposer's acknowledgment form attests to this. 2.34 ANTITRUST VIOLATOR VENDORS A person or an affiliate who has been placed on the Antitrust Violator Vendors List following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply on any agreement to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on any agreement with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real property to a public entity; may not be awarded or perform work as a grantee, supplier, subcontractor, or consultant under an agreement with a public entity; and may not transact new business with a public entity. 2.35 ANTI -HUMAN TRAFFICKING Pursuant to Section 287.137, Florida Statutes, a person or an affiliate who has been placed on the Antitrust Violator Vendors List following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply on any agreement to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on any agreement with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real property to a public entity; may not be awarded or perform work as a grantee, supplier, subcontractor, or consultant under an agreement with a public entity; and may not transact new business with a public entity. See Attachment J, Anti -Human Trafficking Affidavit. Failure to complete, sign and upload the Anti - Human Trafficking Affidavit may render your bid non -responsive. ADDITIONAL SPECIAL CONDITIONS ONLY APPLICABLE TO GROUP 2: FEDERALLY FUNDED PROJECTS PROVISIONS FOR NON -UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL AWARD OR OTHER AWARDS (STATE -FUNDED) Participating entities that use United Stated federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 CFR §200. Participating Entities may also require additional requirements based on specific funding specifications. Within this section all references to "federal" should be interpreted to mean the United States federal government. The following clauses only apply when accessing goods and services with United States Federal or State Funds. 2.36 LOCAL OFFICE PREFERENCE Local Office Preference does not apply to any federally funded projects. 2.37 DECLARATION OF A FEDERAL EMERGENCY — Applicable to Classification 1 — Federally Funded Projects Upon the declaration of a Federal emergency, the City shall seek Federal Disaster Assistance as defined in the City's Procurement Code Section 18-121 titled "Procurements, Grants, Subgrants, and Compliance Utilizing Requirements for Federal Disaster Assistance"; therefore, all canal cleaning services during such emergency, shall be provided solely by the Successful Bidder, as the lowest responsible and responsive bidder, for Classification Type 1, Federally Funded Projects. 2.38 ACCESS TO RECORDS (2 CFR §200.336) Successful Bidder(s) agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers, and records of the Successful Bidder(s) that are direly pertinent to the Successful Bidder(s)s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Successful Bidder(s)'s personnel for the purpose of interview and discussion relating to such documents. 2.39 AFFIRMATIVE SOCIOECONOMIC STEPS If subcontractors are to be utilized, the prime Successful Bidder(s) is required to take all necessary steps identified in 2CFR §200.321(b)(1-5) to ensure that small and minority business, women's business enterprises, and labor surplus area firms are used when possible. 2.40 BRYD ANTI -LOBBYING AMENDMENT, AS AMENDED (31 USC §1352) Successful Bidder(s)s must file any required certifications. Successful Bidder(s)s must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 USC §1352. Successful Bidder(s)s must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Successful Bidder(s)s must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti -Lobbying Amend. Successful Bidder(s)s shall complete and return Attachment K with bid submittal. 2.41 BUY AMERICAN PROVISIONS COMPLIANCE To the extent applicable, the Successful Bidder(s) must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition. 2.42 CLEAN AIR ACT (42 USC §7401-7671Q) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 USC §1251-1387) Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with t all applicable standards, order, or regulations issued pursuant to the Clean Air Act (42 USC §7401- 7671Q) and the Federal Water Pollution Control Ace as amended (33 USC §1251-1387). Violation must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Successful Bidder(s) certifies that during the teiiii of this Contract will comply with applicable requirements as referenced above. 2.43 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 USC §3701-3708) A. Overtime Requirements: No Successful Bidder(s) or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty (40) hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one half time the basic rate of pay for all hours worked in excess of forty (40) hours in such workweek. B. Violation; liability for unpaid wages; liquidated damages: In the event of any violation of the clause set forth in paragraph (A) of this section, the Successful Bidder(s) and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such Successful Bidder(s) and subcontractor shall be liable to the United States (in case of the work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (A) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty (40) hours without payment of the overtime wages required by the clause set forth in paragraph (A) of this section. C. Withholding for unpaid wages and liquidated damages: The City of Miami shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Successful Bidder(s) or subcontractor under any such contract or any other Federal contract with the same Successful Bidder(s), or any other federally - assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the Successful Bidder(s), such sums as may be determined to be necessary to satisfy any liabilities of such Successful Bidder(s) or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (B) of this section. D. The Successful Bidder(s) or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (A) through (D) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontract. The Successful Bidder(s) shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraph (A) through (D) of this section. Where applicable, all contracts awarded in excess of $100,000.00 that involve the employment of mechanics or laborers must be in compliance with 40 USC §3702 and 3704 as supplemented by the Department of Labor regulations 29 CFR Part 5. Under 40 USC §3702 of the Act, each Successful Bidder(s) is required to compute the wages of every mechanic and laborer on the basis of the standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 USC §3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this contract. Successful Bidder(s) certifies that during the term of an award for all contracts by the City of Miami resulting from this procurement process, Successful Bidder(s)s must comply with applicable requirements as referenced above. 2.44 COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The Successful Bidder(s) will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. 2.45 COPELAND ANTI -KICK BACK ACT The Successful Bidder(s) shall comply with all the requirements of the Copeland Anti -Kickback Act (18 USC §874 and 40 USC §3145, as supplemented by the Department of Labor regulations at 29 CFR Part 3), which are incorporated by reference to this Agreement. The Successful Bidder(s) is prohibited from inducing by any means any person employed in the construction, completion, or repair of public work to give up any part of the compensation to which he or she is otherwise entitled. 2.46 DAVIS-BACON ACT If applicable, the Successful Bidder(s) agrees to comply with all provisions of the Davis Bacon Act as amended (40 USC §3141-3144 and 3136-3148), and to require all of its Successful Bidder(s)s performing work under this Agreement to adhere to the same. The Successful Bidder(s) is required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in the wage determination made by the Secretary of Labor. In addition, the Successful Bidder(s) shall pay wages not less than once a week. If the grant award contains Davis Bacon provisions, the Successful Bidder(s) shall place a copy of the current prevailing wage determination issued by the Department of Labor in the solicitation documents. The decision to award a contract shall be conditioned upon the acceptance of the wage determination. The Successful Bidder(s) shall report all suspected or reported violations of the Davis -Bacon Act to the City. 2.47 DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689) A contract award 9see 2 CFR § 180.220 must not be made to parties listed on the government wide exclusions in the System for Award Management ("SAM"), in accordance with the OMB guidelines at 2 CFR § 180 that implement Executive Orders 12549 (#CFR § 1986 Comp., p. 189) and 12689 (3 CFR § 1989 Comp., p. 235), "Debarment and Suspension." SAM exclusion contains the names of parties debarred, suspended, or other excluded by agencies as well as parties declared ineligible under statutory or regulatory authority other than Execute order 12549. Successful Bidder(s) certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. 2.48 DHS SEAL, LOGO, AND FLAGS The Successful Bidder(s) shall not use the DHS seal(s), logo, crests, or reproductions of flags or likeness of DHS or any federal agency officials without specific federal preapproval. 2.49 DOMESTIC PREFERENCE FOR PROCUREMENTS A. This contract includes a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). a. "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. b. "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. B. If funds are for an infrastructure project the contract is subject to the terms and conditions of the Buy America Act preferences in 2 C.F.R pt. 184 2.50 DRUG FREE WORKPLACE REQUIREMENTS All Successful Bidder(s)s entering into Federally funded contracts over the simplified acquisition threshold as defined in 41 USC §134, must comply with the Drug Free Workplace Act of 1988 (41 USC 8102), which requires the Successful Bidder(s) to take certain actions to provide a drug free workplace. 2.51 ENERGY POLICY AND CONSERVATION ACT COMPLIANCE To the extent applicable, the Successful Bidder(s) must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. 2.52 EQUAL EMPLOYMENT OPPORTUNITY During the performance of this contract, the Successful Bidder(s) agrees as follows: A. Successful Bidder(s) will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Successful Bidder(s) will take affirmative action to ensure that applicants are employed, and the employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Successful Bidder(s) agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. B. The Successful Bidder(s) will, in all solicitations or advertisements for employees placed by or on behalf of the Successful Bidder(s), state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. C. The Successful Bidder(s) will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Successful Bidder(s)'s legal duty to furnish information. D. The Successful Bidder(s) will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the Successful Bidder(s)'s commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. E. The Successful Bidder(s) will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. F. The Successful Bidder(s) will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. G. In the event of the Successful Bidder(s)'s noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Successful Bidder(s) may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. H. The Successful Bidder(s) will include the portion of the sentence immediately preceding paragraph and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or order of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Successful Bidder(s) will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a Successful Bidder(s) becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the Successful Bidder(s) may request the United States to enter into such litigation to protect the interests of the United States. The City of Miami further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of the City which does not participate in work on or under the contract. The City agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of Successful Bidder(s)s and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The City further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a Successful Bidder(s) debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon Except as otherwise provided under 41 CFR §60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR §60-1.3 must include the equal opportunity clause provided under 41 CFR §60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR §1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR §60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." The equal opportunity clause is incorporated herein by reference. 2.53 LICENSE AND DELIVERY OF WORKS SUBJECT TO COPYRIGHT AND DATA RIGHTS The Successful Bidder(s) grants to the City of Miami, a paid -up, royalty -free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Successful Bidder(s) will identify such data and grant to the City of Miami or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the Successful Bidder(s) will deliver to the City of Miami data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the City of Miami. 2.54 NO OBLIGATION BY FEDERAL GOVERNMENT The federal government is not a party to this contract and is not subject to any obligations or liabilities to the non-federal entity, Successful Bidder(s)s, or any other party pertaining to any matter resulting from the contract. 2.55 PROCUREMENT OF RECOVERED MATERIALS (2 CFR §200.322) A non-federal entity that is a state agency or agency of political subdivision of a state and its Successful Bidder(s)s must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency ("EPA") at 40 CFR §247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the items exceed $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 2.56 PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT A. Funds are prohibited from being used to: a. Procure or obtain; b. Extend or renew a contract to procure or obtain; or c. Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). i. For the purposes of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). ii. Telecommunications or video surveillance services provided by such entities or using such equipment. iii. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. B. In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained. C. See Public Law 115-232, Section 889 and 2 C.F.R. § 200.471 for additional information. 2.57 PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS The Successful Proposer(s) acknowledges that 31 USC Chapter 38 (Administrative Remedies for False Claims and Statements) applies to the Successful Bidder(s)'s actions pertaining to this contract. 2.58 RECORD RETENTION REQUIREMENTS To the extent applicable, Successful Bidder(s) must comply with the record retention requirements detailed in 2 CFR §200.333. The Successful Bidder(s) further certifies that it will retain all records as required in 2 CFR §200.333 for a period of three (3) years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. 2.59 RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT If the federal award meets the definition of "funding agreement" under 37 CFR §401.2(a) and the recipient or subrecipient wished to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement" the recipient or subrecipient must comply with the requirements of 37 CFR §401, "Rights to Inventions Made by Nonprofit Organization and Small Business Firms Under Government Grants, Contract and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Successful Bidder(s) certifies that during the term of an award for all contract resulting from this procurement process, Successful Bidder(s) must comply with applicable requirements as referenced above. 2.60 SUSPENSION AND DEBARMENT A. This contract is a covered transaction for the purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the Successful Bidder(s) is required to verify that none of the Successful Bidder(s), its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). B. The Successful Bidder(s) must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. C. This certification is a material representation of fact relied upon by City of Miami. If it is later determined that the Successful Bidder(s) did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the State of Florida, and the City of Miami, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. D. The Successful Bidder(s) agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Successful Bidder(s) further agrees to include a provision requiring such compliance in its lower tier covered transactions. 2.61 PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS Successful Bidder(s) acknowledges that 31 USC Chapter 38, Administrative Remedies for False Claims and Statements, applies to the Successful Bidder(s)'s actions pertaining to this Contract. 3.0 Specifications 3.1 SPECIFICATIONS/SCOPE OF WORK I. Introduction BIDDERS ARE NOT REQUIRED TO ENTER A UNIT PRICE IN THE LINE ITEM LISTED IN THE ACTUAL IFB. BIDDERS SHALL COMPLETE ATTACHMENTS G — GROUP 1 NON FEDERLLY FUNDED PROJECT AND/OR ATTACHMENT H — GROUP 2 FEDERALLY FUNDED PROJECTS BID PRICE SHEET. BIDDER CAN BID ON ONE OR BOTH GROUPS. BIDDER MUST ALSO MEET ALL REQUIREMENTS IN ORDER TO BE CONSIDERED RESPONSIVE. The City of Miami's ("City") Department of Resilience and Public Works ("RPW") is in need of fully capable and willing firms to provide backflow valves and backflow valve testing and repair services for the City. The Successful Bidder(s)s shall furnish all labor, machinery, tools, modes of transportation, debris disposal, supplies, equipment, materials, diesel fuel and services necessary for satisfactory contract performance. Such materials and equipment shall be of suitable type, in good condition and grade for the purpose of this contract. All workmanship, equipment and frequency of services shall be subject to the inspection and direction/approval of the City. II. DESCRIPTION OF WORK The Successful Bidder shall test or repair fifty-two (52) existing backflow prevention assemblies at the locations indicated in the "Locations" section of this Scope of Work. The installation and testing of backflow prevention assemblies must be done by a licensed plumber and/or contractor certified to perform such work by the Miami -Dade Water & Sewer Departments ("WASD") Cross -Connection Control Unit. The Successful Bidder(s) must obtain all required permits to perform the work. After the repair/replacement/installation and/or test finalization and the certification by WASD, the Successful Bidder(s) must provide a copy of the test report and certification to the City of Miami's Resilience and Public Works Department ("RPW"). All work shall be performed using superior installation, repair, and/or maintenance standards and techniques. III. SERVICE LEVEL REQUIREMENTS Frequency of Services Testing of the backflow valves shall occur once a year with all valves being completed within a 60- (sixty) day period. Repairs are on an as needed basis and shall include all materials, equipment, supplies, and labor necessary to complete the level of quality workmanship required by the City. New Installation services are on an as needed basis and shall include all materials, equipment, supplies, and labor necessary to complete the level of quality workmanship required by the City. Proper Equipment and Operation Caution The Successful Bidder(s) shall have the proper and most appropriately sized equipment to provide the level of service required by the City. Quality Assurance The Successful Bidder(s)'s assigned Supervisor shall be well versed in appropriate maintenance operations and procedures. All employees of the Successful Bidder(s) shall be competent and skilled in their particular job in order to ensure proper performance of the work assigned. Successful Bidder(s) shall ensure that in the event of any equipment malfunction or concern, a back-up is available and used to continue the immediate completion of services. All work shall be performed using superior maintenance standards and techniques. If under any circumstances, the Project Manager is not satisfied with the work, the Successful Bidder(s) shall redo the job to the Project Manager's satisfaction at the Successful Bidder(s)'s expense. No additional compensation by the City will be allowed for Successful Bidder(s)'s non-performance. Environment Protection The Successful Bidder(s) must follow all rules and regulations for the protection of the environment. Underground Gas Pipelines The Successful Bidder(s) shall review and abide by Florida State Statute Chapter 556, Underground Facility Damage Prevention and Safety, while performing the services listed in and related to this solicitation. Waste Disposal It is the Successful Bidder(s)'s responsibility to dispose of any debris or waste created during the execution of these services, at no additional cost to the City. IV. LOCATIONS No. TYPE OF SERVICE SIZE WASD ACCOUNT# WATER METER NUMBER ADDRESS 1 IRRIGATION 1" 1793054903 14220883 915X BRICKELL AVE 2 IRRIGATION 5/8" 2132937396 38014245 1581 BRICKELL AVE 3 PUMP STATION 2" 2395372200 06411051 1301 NW 6TH ST 4 IRRIGATION 1" 2451895980 02400149 5400 NW 6 CT 5 IRRIGATION 5/8" 2902472200 98201023 5590X BISCAYNE BLVD 6 IRRIGATION 2" 7351860336 09413305 464X NE 16TH ST 7 IRRIGATION 1" 3527372200 04420066 1898 BRICKELL AVE 8 IRRIGATION 2" 3563642549 48210101 2800XX BISCAYNE BLVD 9 IRRIGATION 2" 3984738662 06410867 5965 BISCAYNE BLVD 10 IRRIGATION 2" 4115372200 97400011 1048 BRICKELL AVE 11 IRRIGATION 1.5" 4186372200 06412069 1750X N BAYSHORE DR 12 IRRIGATION 1" 4567372200 10413085 2251 BRICKELL AVE 13 IRRIGATION 1.5" 5186372200 02418907 1752X N BAYSHORE DR 14 IRRIGATION 2" 5832998549 48210067 1851 BISCAYNE BLVD 15 IRRIGATION 1.5" 5936372200 44071101 1500 N BAYSHORE DR 16 PUMP STATION 5/8" 6046372200 28068971 1515 NW 5 ST 17 IRRIGATION 2" 6115372200 99401075 2130XX SW 13TH AVE 18 IRRIGATION 1.5" 6186372200 06412108 1754X N BAYSHORE DR 19 IRRIGATION 1" 6414822340 02400038 5400 NW 6TH AVE 20 IRRIGATION 2" 6636609484 02419080 605 BISCAYNE BLVD 21 IRRIGATION 2" 6639268029 15214745 4957 BISCAYNE BLVD 22 IRRIGATION 2" 6657496636 09414165 628 BRICKELL AVE 23 IRRIGATION 2" 6755037923 06412503 951 BISCAYNE BLVD 24 IRRIGATION 1" 7455372200 07410123 1258 BRICKELL AVE 25 IRRIGATION 1" 7936372200 98201023 1508 BRICKELL AVE 26 IRRIGATION 2" 8152237925 99401148 5967 BISCAYNE BLVD 27 IRRIGATION 1" 8989548763 92370673 2477 BRICKELL AVE 28 PUMP STATION 5/8" 9186372200 16309115 1775 NW 7TH ST 29 IRRIGATION 2" 0186372200 01420025 171 NW 7TH ST 30 IRRIGATION 5/8" 0222871545 36595810 2752 MCFARLANE RD 31 PUMP STATION 1" 0379372200 09413827 342 SW 7TH AVE 32 IRRIGATION 2" 0459453271 05420326 1401X BRICKELL AVE 33 IRRIGATION 1" 0495372200 35860318 1418 BRICKELL AVE 34 FOUNTAIN 5/8" 9441309018 16402626 1451 S. Miami AVE 35 OPERATIONS YARD 2" 1179118407 16305958 1290 NW 20TH ST 36 IRRIGATION 2" 8086372200 12405012 1701 NW 1 Ave 37 IRRIGATION 1" 2482472200 19213309 91 SE 10 ST 38 IRRIGATION 1" 1900472200 41265989 351 NW 7 ST 39 IRRIGATION 2" 5015372200 04421249 100 NW 62 ST 40 IRRIGATION 1" 7269902353 16218729 599 NW 62 ST 41 IRRIGATION 1" 1447645296 16218826 1141 NW 62 ST 42 IRRIGATION 1" 8691913880 16218833 749x NW 62 ST 43 IRRIGATION 1" 4535077386 16218754 919 NW 62 ST 44 IRRIGATION 2" 0403146955 19312899 1451 Brickell Ave 45 IRRIGATION 1" 0823217446 4236544 245xx Brickell Ave 46 West End Pump Station No. 1 1" 3695849667 17306871 6311 SW 6th Street 47 West End Pump Station No. 2 1" 8515355862 17306870 6321 SW 2nd Street 48 West End Pump Station No. 3 1" 2688284148 17306868 6450 Tamiami Canal Road 49 West End Pump Station No. 4 1" 4049813162 17306869 6250 Tamiami Canal Road 50 San Marco Island Pump Station 1" 8646144644 14220512 In front of 1383 S Venetian Way 51 Belle Meade Pump Station 2" - - 7747 NE 8th Avenue 52 Mary Brickell Village Pump Station 1" - - Adjacent to 102 SW 8th St V. ADDITIONAL INFORMATION New Installation of Backflow Preventers The new installation of backflow prevention devices (non -replacement) shall be quoted at the time of need. Specifications for each new installation shall follow all code requirements of the City as well as Miami Dade County's Code Chapter 32, Article VIII Services Beyond the Scope of the Contract In the event that services beyond the scope of work of this contract are requested by the Project Manager, the Successful Bidder(s) must receive the written approval of the work request from RPW, written approval of the quote to perform such services, and the approval of the Depailnient of Procurement to add the services to the Contract, if applicable. Public Access During any improvement, safe access shall be provided by the Successful Bidder(s) to the entrances of all residences and business establishments. The methods used to allow access will be determined by the Successful Bidder(s) with the approval of the City's Project Manager or designee. Maintenance of Established Landscaping Existing trees on private property and in the public right of way are to be protected while work is in progress. All replacement tree, ground covering/plant material shall be quoted and be approved, in writing, prior to replacement. Budget There is currently no information available regarding the allocated budget for projects completed under this contract. VI. INSPECTION PROCESS Once services are completed, the Successful Bidder(s) may be required to take time -stamped pictures to submit with any invoices. In addition, the Successful Bidder(s) shall immediately email and call the City's Project Manager to advise that the service area has been completed. VII. INVOICING Successful Bidder(s) shall provide invoices with pictures (if applicable) no later than the 5th of the month for the previous month's services. Submitting invoices later than the specified date may cause delays in payment. On the invoice the Successful Bidder(s) shall provide: A. Date(s) of services B. Area(s) of services C. Contract number (Contract No. 1961386) D. List of services completed E. Pricing F. Supporting documentation such as invoices providing costs for additional services (trees, etc.) G. Payment to subcontractors and/or suppliers with corresponding release of liens forms and affidavits if applicable BID SUBMISSION CHECKLIST The list below is a GUIDE to what should be submitted with your bid response. Please review the solicitation's requirements to ensure that all required items are submitted. o Certification Statement o Certifications Form (fully completed, leave no line blank) o Certified Plumbing License from the State of Florida o Attachment A — Affidavit of Responsibility o Attachment C — Reference Submittal Form o Attachment F — Subcontractors (if not applicable, submit form with "N/A") o Attachment G — Group 1 Non -Federal Projects Price Sheet o Attachment H — Group 2 Federal Projects Price Sheet o Attachment J — Anti -Human Trafficking Affidavit o Attachment K — Certification Regarding Lobbying ATTACHMENT A INVITATION FOR BID ("IFB") NO. 1961386 FOR BACKFLOW PREVENTER INSTALLATION, REPAIR, AND TESTING SERVICES CERTIFICATION STATEMENT AFFIRMATION AFFIDAVIT AS PRESIDENT/CEO OF HEREBY DECLARE, AFFIRM, AND CERTIFY THE FOLLOWING STATEMENTS: (1) THE PRINCIPAL(S) OF IS/ARE AND (2) NO PRINCIPAL HAS COMMITTED FRAUD OR THEFT, HAS NOT FILED FOR OR BEEN THE SUBJECT OF BANKRUPTCY, HAS BEEN SUMMONED TO RESPOND TO CRIMINAL CHARGES, OR BEEN CONVICTED UNDER FEDERAL OR STATE 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 DISHONESTY; AND (3) NO COMPANY REPRESENTATIVE OR PERSONNEL HAS COMMITTED FRAUD OR THEFT; SUMMONED TO RESPOND TO CRIMINAL CHARGES OR BEEN CONVICTED UNDER FEDERAL OR STATE STATUTES OF EMBEZZLEMENT, THEFT, FORGERY, BRIBERY, FALSIFICATION OR DESTRUCTION OF RECORDS, RECEIVING STOLEN PROPERTY OR ANY OTHER OFFENSEINDICATING A LACK OF BUSINESS INTEGRITY OR BUSINESS DISHONESTY. PURSUANT TO IFB GENERAL TERMS AND CONDITIONS SECTION 1.25 WHICH INCORPORATES SECTION 18-107 OF THE PROCUREMENT CODE, ALL CONTRACTS FOR GOODS AND SERVICES, SALES, AND LEASES ISSUED BY THE CITY SHALL INCLUDE A CERTIFICATION THAT NEITHER THE CONTRACTUAL PARTY NOR ANY OF ITS PRINCIPAL OWNERS OR PERSONNEL HAVE BEEN CONVICTED OR COMMITTED ANY OF THE VIOLATIONS SET FORTH IN SECTION 1.25 GENERAL TERMS AND CONDITIONS. IN THE EVENT THAT THE BIDDER IS UNABLE TO PROVIDE SUCH CERTIFICATION, BUT STILL WISHES TO BE CONSIDERED FOR AWARD OF THIS SOLICITATION, THE BIDDER SHALL FURNISH A WRITTEN EXPLANATION OF THE FACTS SUPPORTING ANY EXCEPTION TO THE REQUIREMENT FOR CERTIFICATION THAT IT CLAIMS. THE BIDDER AGREES TO COOPERATE FULLY WITH THE CITY IN ANY INVESTIGATION UNDERTAKEN BY THE CITY TO DETERMINE WHETHER THE CLAIMED EXCEPTION IS APPLICABLE. I SOLEMNLY DECLARE, AFFIRM, AND CERTIFY THAT THE CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION, AND BELIEF. (SIGNATURE) (PRINTED NAME) (NAME OF COMPANY/FIRM) PRESIDENT/CEO DATE State of County of On this, the day of 20_, before me personally appeared, the President/CEO of , known to me (or satisfactorily proven) to be the person whose name is subscribed to within this instrument, and acknowledged that they executed the same for the purposes herein contained. In witness hereof, I hereunto set my hand and official seal. (SEAL) Notary Public ATTACHMENT B INSURANCE ADDENDUM INSURANCE DEFINITIONS, REQUIREMENTS AND CONDITIONS The VENDOR/CONTRACTOR agrees to provide and maintain throughout the life of this contract and at Vendor/Contractor's expense insurance coverage outlined herewith as applicable insuring all operations related to the contract and any extensions thereof. Workers Compensation and Employers Liability Statutory and subject to the Laws of the State of Florida. This coverage protects against lawsuits stemming from workplace accidents. It provides for medical care to injured employees, along with compensation for lost income. Commercial General Liability It protects against accidents and injuries that occur on company property or the property of a customer. It compensates an injured person or owner of property for injuries and property damages, and the cost of defending lawsuits, including legal settlements or investigations. This policy also covers claims resulting from products exposures, libel, slander, copyright infringement and other personal and advertisement injuries. Commercial Automobile Liability It protects against liability, no fault, medical payments, uninsured and underinsured motorists claims, collision and other than collision physical damage. In addition, this policy affords coverage on autos that are hired or borrowed or non -owned for use in the business. The non -owned can be autos owned by employees or members of their households. Non Owned Auto exposures can be endorsed or added under the Commercial General Liability Policy. Professional/Errors and Omissions Liability Used by many professionals such as engineers, lawyers, accountants, stock brokers, financial advisers, insurance agents, court reports, dentists, nurses and teachers. It protects against the financial effects of liability lawsuits filed by clients. It basically protects professionals who cause harm to a client due to incompetence, errors or negligence. Umbrella Liability It protects against liability and losses after primary insurance benefits have been exhausted. This supplemental coverage kicks in only after the underlined liability policies have paid their maximum benefits. Environmental Liability It protects against the financial costs of claims of injury or damage due to pollution, and other costs of cleaning up pollutants. These policies are designed to cover both property and liability risks. Directors and Officers Liability This coverage protects against claims from stockholders, employees and clients that are also aimed individually at directors and officers. These claims typically stem from errors in judgement, breaches of duty and wrongful acts in connection with company business. Cyber Liability It protects against costs of the theft, destruction or unauthorized use of electronic data through computer viruses or network intrusions. It also adds protection to a business against such costs if a business fails to safeguard another party's electronic data. Companies sharing data outside their internal network benefit from this coverage Commercial Property It protects against claims or damages to the insured's buildings, business personal property and personal property of others. It can also provide for loss of business income coverage or extra expenses incurred because of physical loss by a covered peril to the insured's property. Commercial Crime It protects against loss of money, securities and other property because of a variety of criminal acts such as employee theft or embezzlement, burglary, robbery, forgery, computer fraud, kidnapping and extortion. Crime insurance also covers money and securities against damage or destruction by almost any cause of loss, not just crime. Builders Risk It protects against damage to or destruction of buildings or other structures during their construction. Any party with a financial interest in a construction, remodeling, or repair project benefits from this coverage. Surety Bonds Surety bonds are three party contracts. The principal, the party that undertakes the obligation, pays for the issuance of a bond by a surety company. The bond provides capital to guarantee the obligation will be performed. The obligee is the party that receives the benefit of the bond If the obligation is improperly performed. Valuable Papers It pays for the cost to reconstruct damaged or destroyed valuable papers and records. Typically is defined to include almost all forms of printed documents or records with the exception of money or securities, and data and media which is usually excluded. Additional Requirements The Vendor/Contractor must furnish the City of Miami, Department of Procurement, and Risk Management located at 444 S.W. 2nd Avenue Miami, Florida 33130, original Certificates of insurance to be in force on the date of this Contract, and Renewal Certificates of insurance thereafter. All policies indicated on the certificate must be in compliance with all Contract requirements. The failure of the City to obtain the applicable or corresponding certificates from Contractor is not a waiver by the City of any requirements for the Vendor/Contractor. The Vendor/Contractor must furnish Certificates insurance listing the City of Miami as an additional insured. All insurance certificates must be signed, dated and reference the City contract number. The insurance must provide for sixty (30) days prior written notice to be given to the City in the event coverage is substantially changed, canceled, or non -renewed. Any deductibles or self -insured retentions on referenced insurance coverages must be borne by Vendor/Contractor. The Vendor/Contractor further agrees to have insurers waive their rights of subrogation against the City of Miami, its employees, elected officials, agents, or representatives. The coverages and limits furnished by Vendor/Contractor in no way limit the Vendor/Contractor's liabilities and responsibilities specified within the Contract or law. Any insurance or self-insurance programs maintained by the City of Miami shall not contribute with insurance provided by the Vendor/Contractor under the Contract. The required insurance to be carried is not limited by any limitations expressed in the indemnification language in this Contract or any limitation placed on the indemnity in this Contract given as a matter of law. If the Vendor/Contractor is a joint venture or limited liability company, the insurance policies must name the joint venture or Limited Liability Company and each of its separate constituent entities as named insu reds. The Vendor/Contractor must require all subcontractors to provide the insurance required herein. All subcontractors are subject to the same insurance requirements of the Vendor/Contractor unless otherwise specified in this Contract. If the Vendor/Contractor or subcontractor desire additional coverages, the party desiring the additional coverages is responsible for the acquisition and cost. Notwithstanding any provision in the Contract to the contrary, the City of Miami Risk Management Department maintains and reserves the right to modify, delete, alter or change these requirements. RFP NO.: 1961386 FIRM NAME: ATTACHMENT C Reference Submittal Form Reference Section 2.12 Summarized Requirements: Refer to the details in Section 2 Special Conditions, (Paragraph 2.12 References) to verify that the information provided will suffice as proof of meeting the requirements of this solicitation. Past Performance Reference Check #1 Company/Organization Name: Address: Contact Person: Contact Phone Number and Email: Date of Contract or Sale: Prime or Subcontractor: Other (Description of Service, Total dollar value of Contract, etc.): Past Performance Reference Check #2 Company/Organization Name: Address: Contact Person: Contact Phone Number and Email: Contact E-mail (if applicable): Date of Contract or Sale: Prime or Subcontractor: Other (Description of Service, Total dollar value of Contract, etc.): Past Performance Reference Check #3 Company/Organization Name: Address: Contact Person: Contact Phone Number and Email: Contact E-mail (if applicable): Date of Contract or Sale: Prime or Subcontractor: Other (Description of Service, Total dollar value of Contract, etc.): 1 CITY OF MIAMI LOCAL OFFICE CERTIFICATION (City Code, Chapter 18, Article III, Section 18-73) Solicitation Type and Number: IFB 1961386 (i.e. IFQ/IFB/RFP/RFQ/RFLI No. 123456) Solicitation Title: Backflow Preventer Installation, Repair, & Testing Services (Bidder/Proposer) hereby certifies compliance with the Local Office requirements stated under Chapter 18/Article III, Section 18-73, of the Code of the City of Miami, Florida, as amended. Local office means a business within the city which meets all of the following criteria: (1) Has had a staffed and fixed office or distribution point, operating within a permanent structure with a verifiable street address that is located within the corporate limits of the city, for a minimum of twelve (12) months immediately preceding the date bids or proposals were received for the purchase or contract at issue; for purposes of this section, "staffed" shall mean verifiable, full-time, on -site employment at the local office for a minimum of forty (40) hours per calendar week, whether as a duly authorized employee, officer, principal or owner of the local business; a post office box shall not be sufficient to constitute a local office within the city; (2) If the business is located in the permanent structure pursuant to a lease, such lease must be in writing, for a term of no less than twelve (12) months, been in effect for no less than the twelve (12) months immediately preceding the date bids or proposals were received, and be available for review and approval by the chief procurement officer or its designee; for recently -executed leases that have been in effect for any period less than the twelve (12) months immediately preceding the date bids or proposals were received, a prior fully -executed lease within the corporate limits of the city that documents, in writing, continuous business residence within the corporate limits of the city for a term of no less than the twelve (12) months immediately preceding the date bids or proposals were received shall be acceptable to satisfy the requirements of this section, and shall be available for review and approval by the chief procurement officer or its designee; further requiring that historical, cleared rent checks or other rent payment documentation in writing that documents local office tenancy shall be available for review and approval by the chief procurement officer or its designee; (3) Has had, for a minimum of twelve (12) months immediately preceding the date bids or proposals were received for the purchase or contract at issue, a current business tax receipt issued by both the city and Miami - Dade County, if applicable; and (4) Has had, for a minimum of twelve (12) months immediately preceding the date bids or proposals were received for the purchase or contract at issue, any license or certificate of competency and certificate of use required by either the city or Miami -Dade County that authorizes the performance of said business operations; and (5) Has certified in writing its compliance with the foregoing at the time of submitting its bid or proposal to be eligible for consideration under this section; provided, however, that the burden of proof to provide all supporting documentation in support of this local office certification is borne by the business applicant submitting a bid or proposal. 1 FORM -City of Miami Local Office Certification 7/22/2013 PLEASE PROVIDE THE FOLLOWING INFORMATION: Bidder/Proposer Local Office Address: Does Bidder/Proposer conduct verifiable, full- time, on -site employment at the local office for a minimum of forty (40) hours per calendar week? YES NO ❑ ❑ If Bidder/Proposer's Local Office tenancy is pursuant to a lease, has Bidder/Proposer enclosed a copy of the lease? ❑ YES ❑ NO ❑ N/A Has Bidder/Proposer enclosed a copy of the Business Tax Receipt (BTR) issued by the City of Miami and Miami -Dade County? City of Miami: Cite Exemption: NO Exempt ❑ YES ❑ ❑ Miami -Dade County: Cite Exemption: ❑ YES ❑ NO ❑ Exempt Has Bidder/Proposer enclosed a copy of the license, certificate of competency and certificate of use that authorizes the performance of Bidder/Proposer's business operations? YES NO ❑ ❑ Bidder/Proposer's signature below certifies compliance with the Local Office requirements stated under Chapter 18/Article III, Section 18-73, of the Code of the City of Miami, Florida, as amended. Print Name (Bidder/Proposer Authorized Representative) Signature Date 2 FORM -City of Miami Local Office Certification 7/22/2013 STATE OF FLORIDA COUNTY OF Certified to and subscribed before me this day of , 20 , by (NOTARY SEAL) (Signature of Notary Public -State of Florida) (Name of Notary Typed, Printed, or Stamped) Personally Known OR Produced Identification Type of Identification Produced FORM -City of Miami Local Office Certification 7/22/2013 3 POLICY NUMBER: APM- 2-19 DATE: March 26, 2019 ISSUED BY: Emilio T. Gonzalez, Ph.D. Citv/1GI nager/Desi SIGNATURE CITY OF MIAMI logE ADMINISTRATIVE POLICY REVISIONS REVISED DATE OF SECTION REVISION Created 3/26/19 SUBJECT: ELIMINATING THE PROCESS OF CURING IRREGULARITIES IN DOCUMENTS SUBMITTED IN RESPONSE TO REQUEST FOR QUALIFICATIONS (RFQ), REQUEST FOR PROPOSALS (RFP), REQUESTS FOR LETTERS OF INTEREST (RFLI), INVITATION FOR BIDS (IFB), INVITATION TO BID (ITB), INVITATION TO QUOTE (ITQ), AND REQUEST FOR SPONSORSHIP (RFS) EFFECTIVE MAY 6, 2019 PURPOSE: To improve the procurement solicitation process in order to provide internal and external customers with a more efficient and effective procurement of goods and services for the City of Miami. This APM establishes guidelines that eliminate the process of curing irregularities in proposals and bids submitted in response to RFQs, RFPs, RFLI's IFBs, ITBs, ITQs and RFS. BACKGROUND: Currently, the Department of Procurement ("Procurement") allows Proposers and Bidders to cure certain deficiencies, deviations, irregularities, omissions, and/or technicalities in proposals and bids submitted to the City in response to RFQs, RFPs, RFLIs, IFBs, ITBs, ITQs and RFS. In collaboration with the Department of Innovation and Technology ("DoIt"), Procurement has identified the process of curing as the cause of significant delays in formal solicitation process. When proposals and bids require a cure, Procurement sends out a "Notice to Cure" to Proposers and Bidders who are then given additional time to correct, complete, and re -submit the required documents. The process of curing is time intensive and delays the procurement of necessary goods and services for the City; it prolongs the due diligence review period and it stalls and delays the evaluation and selection process, resulting in the extension of time between the issuance of an RFP, RFQ, RFLI, IFB, ITB, ITQ, or RFS solicitation and its award date. City of Miami APM 2-19 Elimination of Curing Irregularities in Documents Submitted for RFQs, RFPs, RFLI's IFBs, ITBs, ITQs and RFS Eliminating the process of curing will streamline and improve the overall procurement solicitation process while making it more efficient by removing a source of delay, and more effective by concentrating due diligence reviews only on complete and responsive proposals and bids. Additionally, it is not a common procurement industry practice to allow cures. Other local public agencies such as Miami -Dade County and the Miami -Dade County Public School System do not presently allow cures in such similar instances. GUIDELINES: Procurement will only review and evaluate proposals and bids that have been deemed responsive. Responsive bids and proposals responses are defined by our Procurement Code.' Prospective Proposers and Bidders should understand that non -responsive proposals or bids will not be reviewed and will be eliminated from the evaluation and selection process. The City will not consider the curing of any proposal or bid that fail to meet the minimum qualifications or submission requirements of an RFQ, RFP, RFLI, IFB, ITB, ITQ, or RFS as applicable. Material deficiencies, deviations, irregularities, omissions, and/or technicalities are not waivable. Proposals and bids submitted with deficiencies, irregularities, omissions, and/or technicalities that deviate from the minimum qualifications and/or submission requirements for RFQs, RFPs, RFLIs, IFBs, ITBs, ITQs and RFS shall result in a non -responsive determination. The following list includes, but is not limited to, proposal and bid deficiencies, deviations, irregularities, omissions, and/or technicalities that shall result in a non -responsive determination for any solicitation issued on or after May 6, 2019: If a proposal or bid is missing forms, or contains unnotarized forms, unsigned forms, incorrect forms, or forms signed by any individual, other than the Proposer or Bidder, Proposer's or Bidder's team members, and/or individuals attesting to the stated project experience, the Proposer or Bidder will not be given time to cure the proposal or bid, and the City shall deem such proposal or bid non -responsive. The City, at its sole discretion, reserves the right to waive minor deviations not listed above. Such minor deficiencies, deviations, irregularities, omissions, or technicalities may be timely cured by the Proposer or Bidder, at the sole discretion of the City. Material (i.e. substantial or notable) deficiencies, deviations, irregularities, omissions, or technical issues cannot be cured by the Proposer or Bidder and are not waivable by the City. For illustrative guidance please see below an excerpt from State of Florida procurement instructions which discuss the difference in plain language between material and minor variances. Responsive bidder, proposer, offeror, or respondent means a business which has submitted a bid, offer, proposal, quotation or response which conforms in all material respects to the solicitation. Sec. 18-73, City Code. (Excerpt from 2012 WL 1155290 (F1a.Div.Admin.Hrgs.) Mandatory Responsiveness Requirements: Terms, conditions or requirements that must be met by the proposer to be responsive to this RFP. The responsiveness requirements are mandatory. Failure to meet the responsiveness requirements will cause rejection of a proposal. Any proposal rejected for failure to meet mandatory responsiveness requirements will not be evaluated. 2 City of Miami APM 2-19 Elimination of Curing Irregularities in Documents Submitted for RFQs, RFPs, RFLI's IFBs, ITBs, ITQs and RFS 1.15 Material Deviations: The Department has established certain requirements with respect to proposals to be submitted by Proposers. The use of shall, must or will (except to indicate simple futurity) in this RFP indicates a requirement or condition which may not be waived by the Department except where any deviation therefore is not material. A deviation is material if, in the Department's sole discretion, the deficient response is not in substantial accord with this RFP's requirements, provides an advantage to one Proposer over other Proposers, or has a potentially significant effect on the quantity or quality of items or services proposed, or on the cost to the Department. Material deviations cannot be waived and shall be the basis for rejection of a response. Because this is an RFP, the Department will apply this definition liberally in reviewing responses in regard to service delivery. 1.16 Minor Irregularity: A variation from the RFP terms and conditions which does not affect the price proposed or gives the proposer an advantage or benefit not enjoyed by the other proposers or does not adversely impact the interests of the Department. 3 FLOW (D N 5'x5'x4" CONC. SLAB I 1 1� I 1 o _Il111 - * ) � 1i IJ 1 , - 2" I yrl I 1 1 L J METER FURNISHED BY DEPARTMENT SIDEWALK CONSTRUCTION JOINT FLOW 2'-6" MIN. COVER VAULT COVER PLAN 2'-6" METER VAULT TRACER WIRE TERMINATION - PVC MAC PACK NUTS J -2" BRASS ANGLE BALL VALVE - LOCKABLE 2'-6" BETWEEN VALVE FACES 2" SERVICE FROM NOTES: MAIN (SEE NOTE 4) 1. USE 2'x4' METER VAULT. 2. METER BOX TO BE IN 5'x5'x4" THICK CONCRETE SLAB WITH 6x6-W1.4xW1.4 W.W.M. 3. A TEN GAUGE BLUE (PURPLE FOR RECLAIMED WATER) DIRECT BURY STRANDED COPPER TRACER WIRE TO BE TAPED CONTINUOUSLY WITH POLY OR DUCT TAPE TO THE SERVICE FOR LOCATION PURPOSES. WIRE MUST BE ATTACHED TO WATER MAIN AND EXTEND INTO THE WATER METER BOX. 4. USE 2" BLUE COLOR HDPE FOR POTABLE WATER SERVICE. USE 2" PURPLE COLOR HDPE FOR RECLAIMED WATER SERVICE. 5. METERS WILL NOT BE INSTALLED IF THE METER BOX IS LOCATED ON A DRMNG SURFACE. 6. METER BOX SHALL BE INSTALLED BETWEEN TWO SEPARATE FLAGS OF CONCRETE. 7. ALL BRASS COMPONENTS SHALL BE MARKED "NL" MEETING THE S3874 AMENDMENT TO THE SAFE DRINKING WATER ACT. 2" BRASS J LOK-PAK 2" NIPPLE 2" BRASS COUPLING - 2" TAILPIECE, 12" LONG (CUSTOMER) 2" BRASS BALL VALVE - LOCKABLE END OF PIPE TO BE SEALED UNTIL CONNECTED BY CUSTOMER 2" PIPE BRASS BEND SECTION TYPICAL SERVICE PLAN WS 4.10 2'x4' METER VAULT WS 2.17 ITEM CROSS SPEC. REF. REF. MIAMI-DADE COUNTY Delivering Excellence Every Day WATER do SEWER DEPARTMENT ISSUE DATE APPROVED BY 05/31/2013 E.A.V. STANDARD DETAIL TYPICAL 2" SERVICE INSTALLATION WITH A 2" METER WS 2.16 SHEET 1 OF 4 METER VAULT TEST COCK METER VAULT fa fa 8 ANTI —SIPHON PRESSURE TYPE VACUUM BREAKER BALL VALVE 8" PLAN VIEW ANTI —SIPHON PRESSURE TYPE VACUUM BREAKER BALL VALVE L 12" MIN. ABOVE HIGHEST SPRINKLER HEAD OR HOSE BIBB A e%//2</2� CONC. SLAB WITH # 4 ® 12" EW ELEVATION VIEW GUARD POST DETAIL ITEM WS4.5 XX 0.0 CROSS SPEC. REF. REF. MIAMI•DADE COUNTY Deltvering Exce& nce Peery Day ISSUE DATE APPROVED BY 11/01/2006 V.E.F. STANDARD DETAIL PRESSURE VACUUM BREAKER IRRIGATION SYSTEM ONLY WS 4.19 SHEET 1 OF 2 NOTES: 1 THE ASSEMBLY SHALL BE INSTALLED WITH MINIMUM HORIZONTAL CLEARANCES OF 30 INCHES FREE FROM OBSTRUCTIONS IN ALL DIRECTIONS. 2. GUARD POSTS SHALL BE INSTALLED IF THE ASSEMBLY IS EXPOSED TO POSSIBLE DAMAGE FROM VEHICULAR TRAFFIC, AS DETERMINED BY THE DEPARTMENT. 3. THE ASSEMBLY SHALL BE INSTALLED IN AN ACCESSIBLE LOCATION, APPROVED BY THE DEPARTMENT. 4. PIPING SHALL BE SCHEDULE 40 BRASS OR TYPE K COPPER PIPE WITH THREADED FITTINGS IN ACCORDANCE WITH WASD CONSTRUCTION SPECIFICATIONS FOR DONATION WATER MAINS. PVC PIPING IS NOT ACCEPTED BY WASD. 5. THE DEPARTMENT SHALL HAVE UNRESTRICTED AND CONTINUOUS ACCESS TO THE VACUUM BREAKER ASSEMBLY. 6. SEE SPECIFICATIONS AND CONTACT DEPARTMENT FOR CURRENTLY APPROVED TYPES OF BACKFLOW PREVENTION ASSEMBLIES AND PRESSURE VACUUM BREAKERS (SEE WS 4.18 SHEET 4 OF 4) XXXXX ITEM XX 0.0 XX 0.0 CROSS SPEC. REF. REF. MIAMI•DADE COUNTY Deltvering Exce& nce Peery Day ISSUE DATE APPROVED BY 11/01/2006 V.E.F. STANDARD DETAIL PRESSURE VACUUM BREAKER IRRIGATION SYSTEM -NOTES- WS 4.19 SHEET 2 OF 2 ANTI -HUMAN TRAFFICKING AFFIDAVIT 1. The undersigned affirms, certifies, attests, and stipulates as follows: a. The entity is a non -governmental entity authorized to transact business in the State of Florida and in good standing with the Florida Department of State, Division of Corporations. b. The nongovernmental entity is either executing, renewing, or extending a contract (including, but not limited to, any amendments, as applicable) with the City of Miami ("City") or one of its agencies, authorities, boards, trusts, or other City entity which constitutes a governmental entity as defined in Section 287.138(1), Florida Statutes (2024). c. The nongovernmental entity is not in violation of Section 787.06, Florida Statutes (2024), titled "Human Trafficking " d. The nongovernmental entity does not use "coercion" for labor or services as defined in Section 787.06, Florida Statutes (2024), attached and incorporated herein as Exhibit Affidavit-1. 2. Under penalties of perjury, I declare the following: a. I have read and understand the foregoing Anti -Human Trafficking Affidavit and that the facts, statements and representations provided in Section 1 are true and correct. b. I am an officer or a representative of the nongovernmental entity authorized to execute this Anti - Human Trafficking Affidavit. Nongovernmental Entity: Name: Signature of Officer: Officer Title: Office Address: Email Address: FEIN No. / - / / / / / / STATE OF FLORIDA COUNTY OF MIAMI-DADE Main Phone Number: The foregoing instrument was swom to and subscribed before me by means of O physical presence or O online notarization, this day of by , as the authorized officer or representative for the nongovernmental entity.. He/she is personally known to me or has produced as identification. (NOTARY PUBLIC SEAL) My Commission Expires: Signature of Person Taking Oath (Printed, Typed, or Stamped Name of Notary Public) EXHIBIT AFFIDAVIT-1 SECTION 787.06, FLORIDA STATUTES (2024) Select Year: 2024 v The 2024 Florida Statutes Go Title Chapter 787 View Entire XLVI KIDNAPPING; CUSTODY OFFENSES; HUMAN TRAFFICKING; AND RELATED Chapter CRIMES OFFENSES 787.06 Human trafficking.— (1)(a) The Legislature finds that human trafficking is a form of modern-day slavery. Victims of human trafficking are young children, teenagers, and adults. Thousands of victims are trafficked annually across international borders worldwide. Many of these victims are trafficked into this state. Victims of human trafficking also include citizens of the United States and those persons trafficked domestically within the borders of the United States. The Legislature finds that victims of human trafficking are subjected to force, fraud, or coercion for the purpose of sexual exploitation or forced labor. (b) The Legislature finds that while many victims of human trafficking are forced to work in prostitution or the sexual entertainment industry, trafficking also occurs in forms of labor exploitation, such as domestic servitude, restaurant work, janitorial work, sweatshop factory work, and migrant agricultural work. (c) The Legislature finds that traffickers use various techniques to instill fear in victims and to keep them enslaved. Some traffickers keep their victims under lock and key. However, the most frequently used practices are less obvious techniques that include isolating victims from the public and family members; confiscating passports, visas, or other identification documents; using or threatening to use violence toward victims or their families; telling victims that they will be imprisoned or deported for immigration violations if they contact authorities; and controlling the victims' funds by holding the money ostensibly for safekeeping. (d) It is the intent of the Legislature that the perpetrators of human trafficking be penalized for their illegal conduct and that the victims of trafficking be protected and assisted by this state and its agencies. In furtherance of this policy, it is the intent of the Legislature that the state Supreme Court, The Florida Bar, and relevant state agencies prepare and implement training programs in order that judges, attorneys, law enforcement personnel, investigators, and others are able to identify traffickers and victims of human trafficking and direct victims to appropriate agencies for assistance. It is the intent of the Legislature that the Department of Children and Families and other state agencies cooperate with other state and federal agencies to ensure that victims of human trafficking can access social services and benefits to alleviate their plight. (2) As used in this section, the term: (a) "Coercion" means: 1. Using or threatening to use physical force against any person; 2. Restraining, isolating, or confining or threatening to restrain, isolate, or confine any person without lawful authority and against her or his will; 3. Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, the length and nature of the labor or services are not respectively limited and defined; 4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other immigration document, or any other actual or purported government identification document, of any person; 5. Causing or threatening to cause financial harm to any person; 6. Enticing or luring any person by fraud or deceit; or 7. Providing a controlled substance as outlined in Schedule I or Schedule II of s. 893.03 to any person for the purpose of exploitation of that person. (b) "Commercial sexual activity" means any violation of chapter 796 or an attempt to commit any such offense, and includes sexually explicit performances and the production of pornography. (c) "Financial harm" includes extortionate extension of credit, loan sharking as defined in s. 687.071, or employment contracts that violate the statute of frauds as provided in s. 725.01. (d) "Human trafficking" means transporting, soliciting, recruiting, harboring, providing, enticing, maintaining, purchasing, patronizing, procuring, or obtaining another person for the purpose of exploitation of that person. (e) "Labor" means work of economic or financial value. (f) "Maintain" means, in relation to labor or services, to secure or make possible continued performance thereof, regardless of any initial agreement on the part of the victim to perform such type service. (g) "Obtain" means, in relation to labor, commercial sexual activity, or services, to receive, take possession of, or take custody of another person or secure performance thereof. (h) "Services" means any act committed at the behest of, under the supervision of, or for the benefit of another. The term includes, but is not limited to, forced marriage, servitude, or the removal of organs. (i) "Sexually explicit performance" means an act or show, whether public or private, that is live, photographed, recorded, or videotaped and intended to arouse or satisfy the sexual desires or appeal to the prurient interest. (j) "Unauthorized alien" means an alien who is not authorized under federal law to be employed in the United States, as provided in 8 U.S.C. s. 1324a(h)(3). The term shall be interpreted consistently with that section and any applicable federal rules or regulations. (k) "Venture" means any group of two or more individuals associated in fact, whether or not a legal entity. (3) Any person who knowingly, or in reckless disregard of the facts, engages in human trafficking, or attempts to engage in human trafficking, or benefits financially by receiving anything of value from participation in a venture that has subjected a person to human trafficking: (a)1. For labor or services of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2. Using coercion for labor or services of an adult commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) Using coercion for commercial sexual activity of an adult commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (c)1. For labor or services of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age who is an unauthorized alien commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2. Using coercion for labor or services of an adult who is an unauthorized alien commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (d) Using coercion for commercial sexual activity of an adult who is an unauthorized alien commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (e)1. For labor or services who does so by the transfer or transport of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age from outside this state to within this state commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2. Using coercion for labor or services who does so by the transfer or transport of an adult from outside this state to within this state commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (f)1. For commercial sexual activity who does so by the transfer or transport of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age from outside this state to within this state commits a felony of the first degree, punishable by imprisonment for a term of years not exceeding life, or as provided in s. 775.082, s. 775.083, or s. 775.084. 2. Using coercion for commercial sexual activity who does so by the transfer or transport of an adult from outside this state to within this state commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (g) For commercial sexual activity in which any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age, or in which any person who is mentally defective or mentally incapacitated as those terms are defined in s. 794.011(1), is involved commits a life felony, punishable as provided in s. 775.082(3)(a)6., s. 775.083, or s. 775.084. For each instance of human trafficking of any individual under this subsection, a separate crime is committed and a separate punishment is authorized. (4)(a) Any parent, legal guardian, or other person having custody or control of a minor who sells or otherwise transfers custody or control of such minor, or offers to sell or otherwise transfer custody of such minor, with knowledge or in reckless disregard of the fact that, as a consequence of the sale or transfer, the minor will be subject to human trafficking commits a life felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) Any person who, for the purpose of committing or facilitating an offense under this section, permanently brands, or directs to be branded, a victim of an offense under this section commits a second degree felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this subsection, the term "permanently branded" means a mark on the individual's body that, if it can be removed or repaired at all, can only be removed or repaired by surgical means, laser treatment, or other medical procedure. (5) The Criminal Justice Standards and Training Commission shall establish standards for basic and advanced training programs for law enforcement officers in the subjects of investigating and preventing human trafficking crimes. Every basic skills course required for law enforcement officers to obtain initial certification must include training on human trafficking crime prevention and investigation. (6) Each state attorney shall develop standards of instruction for prosecutors to receive training on the investigation and prosecution of human trafficking crimes and shall provide for periodic and timely instruction. (7) Any real property or personal property that was used, attempted to be used, or intended to be used in violation of this section may be seized and shall be forfeited as provided by the Florida Contraband Forfeiture Act. After satisfying any liens on the property, the remaining proceeds from the sale of any property seized under this section and owned by a defendant convicted of a violation of this section must first be allocated to pay any order of restitution of a human trafficking victim in the criminal case for which the owner was convicted. If there are multiple human trafficking victims in the criminal case, the remaining proceeds must be allocated equally among the victims to pay restitution. If the proceeds are sufficient to pay any such order of restitution, any remaining proceeds must be disbursed as required by s. 932.7055(5)-(9). (8) The degree of an offense shall be reclassified as follows if a person causes great bodily harm, permanent disability, or permanent disfigurement to another person during the commission of an offense under this section: (a) A felony of the second degree shall be reclassified as a felony of the first degree. (b) A felony of the first degree shall be reclassified as a life felony. (9) In a prosecution under this section, the defendant's ignorance of the victim's age, the victim's misrepresentation of his or her age, or the defendant's bona fide belief of the victim's age cannot be raised as a defense. (10)(a) Information about the location of a residential facility offering services for adult victims of human trafficking involving commercial sexual activity, which is held by an agency, as defined in s. 119.011, is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. This exemption applies to such confidential and exempt information held by an agency before, on, or after the effective date of the exemption. (b) Information about the location of a residential facility offering services for adult victims of human trafficking involving commercial sexual activity may be provided to an agency, as defined in s. 119.011, as necessary to maintain health and safety standards and to address emergency situations in the residential facility. (c) The exemptions from s. 119.07(1) and s. 24(a), Art. I of the State Constitution provided in this subsection do not apply to facilities licensed by the Agency for Health Care Administration. (11) A victim's lack of chastity or the willingness or consent of a victim is not a defense to prosecution under this section if the victim was under 18 years of age at the time of the offense. (12) The Legislature encourages each state attorney to adopt a pro -prosecution policy for human trafficking offenses, as provided in this section. After consulting the victim, or making a good faith attempt to consult the victim, the state attorney shall determine the filing, nonfiling, or diversion of criminal charges even in circumstances when there is no cooperation from a victim or over the objection of the victim, if necessary. (13) When a contract is executed, renewed, or extended between a nongovernmental entity and a governmental entity, the nongovernmental entity must provide the governmental entity with an affidavit signed by an officer or a representative of the nongovernmental entity under penalty of perjury attesting that the nongovernmental entity does not use coercion for labor or services as defined in this section. For purposes of this subsection, the term "governmental entity" has the same meaning as in s. 287.138(1). History.—s. 2, ch. 2004-391; s. 1, ch. 2006-168; s. 5, ch. 2012-97; s. 300, ch. 2014-19; s. 7, ch. 2014-160; s. 96, ch. 2015-2; s. 2, ch. 2015-147; s. 3, ch. 2016-24; s. 25, ch. 2016-105; s. 4, ch. 2016-199; s. 2, ch. 2020-49; s. 2, ch. 2021-189; s. 3, ch. 2023-86; s. 7, ch. 2024- 184. Copyright © 1995-2024 The Florida Legislature • Privacy Statement • Contact Us ATTACHMENT K CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his/her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officers or employee of Congress, or an employee or a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form, LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that II subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31, U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Signature of Contractor/Contractor's Authorized Official Name and Title of Contractor/Contractor's Authorized Official Date: LClear Form CITY OF MIAMI Vendor Responsibility Checklist Name of Firm: Douglas Orr Use the "Upload" button to attach PDF documentation for each section. To delete attachment(s), use the appropriate "Delete" button to the right and then use the "Clear" button for the corresponding attachment box to clear that field. View All Attachments Delete Last Delete All CATEGORY City Vendor Registration Affirmation YES State of Florida Corporation (Sunbiz) YES D & B Select Pacer Select Bid/Proposal Bond Select Upload Clear Upload Clear Upload Clear _ Upload Clear RESPONSE iSupplier Number: 38471 Use the "Upload" button to attach PDF documentation for each section. To delete attachment(s), use the appropriate "Delete" button to the right and then use the "Clear" button for the corresponding attachment section to clear that field. Delete Last Delete All PERFORMANCE/REFERENCE CHECKS System of Award Managment (SAM) N/A Convicted Vendor List Select Debarred Contractors Select Suspended Contractors Select Suspended Vendors -State: Select Scrutinized Companies List: Select Google Search: Select M Upload Clear mg Upload Clear Upload Clear mil Upload Clear mg Upload Clear mil Upload Clear Upload Clear ATTACHMENTS LClear Form CITY OF MIAMI Vendor Responsibility Checklist Name of Firm: Douglas Orr Use the "Upload" button to attach PDF documentation for each section. To delete attachment(s), use the appropriate "Delete" button to the right and then use the "Clear" button for the corresponding attachment box to clear that field. View All Attachments Delete Last Delete All CATEGORY City Vendor Registration Affirmation YES State of Florida Corporation (Sunbiz) YES D & B Select Pacer Select Bid/Proposal Bond Select Upload Clear Upload Clear Upload Clear _ Upload Clear RESPONSE iSupplier Number: 38471 Use the "Upload" button to attach PDF documentation for each section. To delete attachment(s), use the appropriate "Delete" button to the right and then use the "Clear" button for the corresponding attachment section to clear that field. Delete Last Delete All PERFORMANCE/REFERENCE CHECKS System of Award Managment (SAM) N/A Convicted Vendor List Select Debarred Contractors Select Suspended Contractors Select Suspended Vendors -State: Select Scrutinized Companies List: Select Google Search: Select M Upload Clear mg Upload Clear Upload Clear mil Upload Clear mg Upload Clear mil Upload Clear Upload Clear ATTACHMENTS