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HomeMy WebLinkAboutBid ResponsePurchasing Department Miami Riverside Center 444 SW 2M Avenue, 6", Floor Miami, Florida 33130 Web Site Address: http:/Joi,m!8ml.fi,us/procurement IFB Number; 615394,3 Title: invitation For Bid for Elevator Maintenance Services - Citywide Issue Datefrime: IFB Closing Date/Time: Pre -Bid Conference: Pre -Bid Date/Time: Pre -Bid Location: Deadline for Request for Clarification: 'Buyer: I'lard Copy Submittal Location: Buyer E -Mail Address: Buyer Facsimile: 30 -AUG -2016 06 -SEP -2016 @ 15:00:00 None Tuesday, August 0, 2016 at 2:00 PM Falcon, Eduardo City of Miami - City Clerk 3500 Pan American Drive Miami FL 33133 US efalconny,miamigov.com 305-400-5390, Page 1, of 56 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 thrie set for closing of the submissions. In the event of errors in,extension of totals, the -unit prices shall govern in determining the quoted prices. We (1) certify that we have read your solicitation, completed the necessary documents, and propose to furnish and deliver, F.O.B. DE STINATION, the items or services specified herein. The undersigned hereby certifies that neither the contractual party nor aiiy of its principal owners or personnel have been convicted of any of the violations, or debarred or suspended as set in section 18-107 or Ordinance No, 12271, All exceptions to this submission have been documented in the section below (refer to paragraph and section), EXCEPTIONS: We (1) certify that any and all information contained in this submission is true; and. we (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 withorized to sign this submission for the submitter. Please print the following and sign your name: SUPPLIER NAME., ADDRESS-, 10639 N 122nd St, . PHONE: 56l)635-7817 — FAX.. (305) 888-7599 EMAIL: SalesQm8ivelevator.com —BEEPER: N/A SIGNED BY: Christian Guzman TITLE: Business DeveloperDATE :, 09/06/2016 . FAfLURE TO COM-FLEM-, STC N,AND WE TURN THIS FOR-MSHALL -DIS QUAL IFY THIS BID. Page 2 of 56 Certifications Legal Name of F irm: Maverick United Elevator LLC, Entity Type! Partnership, Sole Proprietorship, Corporation, etc. -Limited Liability Company Year Established: March 24, 2011 Office Location: City of Miami, Miarni-Dade County, or Other Miami -Dade Count Business Tax Receipt/Occupational License Number: Business Tax Receipt/Occupational License Issuing gene ^; Miami -Dade Count Business Tax Receipt/Occapationat License Expiration Date: Septgmber-20,2016 If subcontractor(s) wiY1 be utilized, provide their name, address and the the portion of the work they will be responsible:for under this contract (a copy of their license() must be, submitted with your bid response),: N/A . Please list anal acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (i.e. Addendum No, 1, 7/l/07), If no addenduin/addeada was/were issued, please insert N/A. Addendum No. 1,0812.9/2016 Addendum No, 2, Q8129/2010 Addendum No, 308/30/2016 If Bidder has a.Loeal Office, as defined Linder Chapter 18/Arti.etle III, Section 18-73 of the City Code, has Bidder filled cut, notarized, tend included with its bid response the "City of Miami Local Of -flee Certifleation" -form? YES OR NO? (The City of Miami Vocal Office Certification form is located in the Oracle Sourcing system ("iSUpPli6r"), under the Header/l" otes and Attachments Section of this solicitation) N/A Please acknowledge that all docaments requested in the Minimum Qualifications Section have been Submitted. ti Acknowledaed Page 3 of 56 Line: I Description: Group I Police - Elevator Maintenance Services Line: 1.1 Description: North Sub -Station Category: 91013-17 Unit of Measure: Month Unit Price: $,5�2. 00 Number of Units: 1-2 ToTotal:$ 744.00 _ Line: 1.2 Description: South Sub -Ration Category-, 91013-17 Unit of Measure: Month Unit Price: $_.62.00 Number of Units: 12 Total: $ 744.00 Line: 1,3 Description. Police Readquaters Category: 91013-17 Unit of Measure: Month Unit Price:$ 800.00 Number of Units: 12 Total: 9,600.00 Line: 1.4 Description, Police College and Training Center Category: 91013-17 Unit of Measure: Month Unit Price: 1-40. 0 0 Number of'Units: 12 Total: 1 680.00 Page 4 of 56 Line: 1.5 Description- Certified Elevator Technician Regular Hourly Labor Rate Category' 91013-17 -Unit of Measure: Hour Unit Price: $`75.00 Number of Units, 72 Total;$ 5,400,00 Line: 1.6 Description- Certified Elevator Technician Overtime (Evenings/weekends) Hourly Labor Rate Category: 91013-17 Unit of Measure: Hour Unit Price: $--112 50 'Number of Units: 14 Total:$ 1,575,00 Line: 1.7 Description: Certified Elevator Technician Overtime (Holidays) Hourly Labor Rate Category: 9.1013-17 Unit of Measure: Hour Unit Price: 15 0.0 0 Number of Units: 12 Total: 1,800,00 Line: 1.8 Description: Helper Elevator Technician Regular Hourly Labor Rate Category: 91013-17 Unit of Measure: Hour Unit Price: $--55.00 Number of Units: 72 Total; $ 3,960.00 Line: 1.9 Page 5 of 56 Description: Helper Elevator Technician Overtime (E venings/Weekends) Hourly Labor Rate Category: 91013-17 Unit of Measure: Hour UnitPrioe: $ 82-50 1 Number of"Units:.14 Total:. $- 1,1 5 5. 0 Line: 1.10 Description: Helper Elevator Technician Overtime'(Holidays) Hourly Labor Rate Category: 91013-17 Unit of Measure: Hour - UnitPrice:$ JQQ,00 Number of Units: 12 Total: $ 1,200.00 Line: 2 Description: Group 2 Fire - Elevator Maintenance Services Line: 21 Description- Fire Training Center Category: 91013-17 Unit of Measure: Month Unit Price: $ 1.00.00 Ntimber of Units: 12 Total: $ 1,200.00 Lane; 2.2 Description: Fire Adjuinistration/Support Set -vices Building Category: 91013-17 Unit of Measure: Month 'Unit price; $_-00.00 Number of Units: 12 Total: $ 720,00 Page 6 of 56 Line: 23 Desuription. Fire Station 11 Category: 91013-17 Unit of Measure- 'Month Unit Price:$ 62,00 Number of Units: 12 Total: $ 744,00 Line: 2.4 Description: Certified.Elevator Teebuician Regular Hourly Labor Rate Category: 91013-17 Unit of Measure: Hour Unit Price: $,.,Z5,00 Number of Units: 72 Total: $-5,A00-00 Line: 2.5 Description- Certified Elevator Technician Overtime (Evonings/Weekends) Hourly Labor Rate Category: 91013-17 Unit of Measure: Hour Unit Price,. $--112.50 Number of Units: 14 Total: $- 1,575.00 Line: 2.6 Description, Certified Elevator Technician Overtime (Holidays) Hourly Labor Rate Category: 91013-17 Unit of Measure: Hour Unit Price:$ 150.00 Number of Units: 12 Total: $ 1,800.00 Line: 2.7 Page 7 of 56 Description: Helper Elevator Technician Regular Hourly Labor Rate Category; 91013-1.7 Unit of Measure-, Hour Unit Price:$ 55,00 Number of Uaits: 72 Total: $__3,960,00 Line., 2.8 Desoription: Helper Elevator Technician Overtime (Evenings/Weekends),Ilourly Labor Rate Category91013-17 Unit of Measure: Hour Unit Price: $ 82.50 Number of Utifts, 14 Total: $ 1,155.00 Litre. 2.9 Description: Helper Elevator Technician Over (Holidays) Hourly Labor Rate Category; 91013-17 Unit of Measure: Hour U11 it Price: $-A 0 0. 00 Number of Units: 12 Total: $ 1,200,00 Line: 3 Desoriptiou: Group 3 Miscellaneous -Elevator Maintenance Set -vices Line: 3.1 Description.- Miami City Hall Qvtegory; 910113-17 Ullit Of MeDSLIreMOTAII Unit Price'. $1 62.00 — N amber of Units. 1.2 Total: $..,744,00 Page 8 of 56 Liue: 3.2 Desoription; General Setwices Admini,,itration Building Category; 91013-17 Unit of Measure-, Month Unit Prico: $ 6100 Number of Units: 12 Total: $ 744,00 Lhw 3.3 Description: Miami Riverside Center Category: 91013-17 Unit of Measure: Month Unit Price: $, 900.00 Nwtberof'Units: 12 Total: $_I OBOO.QO Line: 14 Description: Solid Waste Building Categoty 91013-17 Unit of Measure: Month 'Unit Price: $_52 �00 Number of Units: 12 Total:$ 744M Lfiw 3.5 Description: Certified Elevator Technician Regular Hourly Labor Rate Category; 91013-17 Unit of Measure: Hour Unit Noe: $- 75.00 Nutriber of Units: 72 Total: $_6.400 00 Linc; 3.0 Description. Certified Elevator Technichin Overtitne (Eye n ings/Weeke ads)Flo urly Labor Rate Page 9 of 56 Catogory� 91013-17 Ualt of'Measare. Hour Unit Price: $ 112 50,_ NUMber Of UftitS: 14 Total: $_ 1,575.CLQ _ Line: 3.7 Description: Certified Elevator Technician Overtime (Holidays) Hourly Labor Rate Category: 91013-17 Unit of Measure: Hour UMtPrice. s150.00 Number of Units: 12 Total: $--.1,800,.00 . Line: 3.8 Dosorlpti.an.- Helper Elevator Tabuician Regular Hourly Labor Rate Category: 91013-17 Unit of Measure: Hour unitpri=S 55.00 Number of Unfts; 7Z 'Total: $3.960,00 Line; 3.9 Description: Helper Elevator Technician Overtime (El venings/Weekends) Hourly Labor Rate Category: 91013-17 Unit of Measure: Hour Ullit Price: $--22,5D— Number of Units: 1.4 Total: $, 1.155.00 Line,- 3.,10 Description; Helper Elevator Technician Overtime (1.1,olidays) Hourly Labor Rate Catqory: 91013-17 Page 10 of 5(i Unit of Measure: Hour Unit Price: $ 100.00 Number of Units: 12 Total: $ 1,200.00 Lino: 4 Description, Group 4 Parks and Recreation, and Department of Real Estate and Asset Management - Elevator Maintenance Services Line: 4.1 Description: Little Haiti Cultural Center Category: 91013-17 Unit of Measure: Month Unit Price: $_62, 00 Number of Units: 12 Line: 4.2 Description: Jose Mard Park Gym Category: 91013-17 Unit of Measure: Month Unit Price! $--62—O0 Number of Units, 12 Line: 4.3 Description: Black Police Museum Category: 91013-17 Unit of Measure: Mouth Unit Price: $ 62,00 Number of Units: 12 Line: 4.4 Description: Grapeland Park Baseball Complex Total: $Z44.00 Total: $__7AA_QD Total-, $ 744.00 � Page I I of 56 Category; 91013-17 Unit of Measure: Month IJnit Price; $-A2,00 Number of Units: 12 Total: $ 744.00 Line: 4.5 Description: Little Haiti Soccer Park Category: 91013-17 Unit of Measiiro,. Month Unit Price: $, 62,00 Number of Unfts: 12 Total: $ 744.00 Line: 4.6 Description: Gibson Park Category: 91013-17 Unit of Measure: Month Unit Price: $-62.00 Number of Units: 12 Total: $,....-. 744.,00 Line: 4.7 1 Description: Moore Park Category; 91013-17 Unit of Measure: Month Unit Price: $ 124.00 Number of Units: 12 Total.: $ 1,488 Line: 4.8 Description: Manuel Artime Community Center, Building Category: 91-013-17 Pa -0e 12 of 56 Unit of Moasure: Month Unit Prim $--02. Qp-_ Number of Units: 12 Total: $__744,00 Line: 4,9 Description: Manuel Artime Auditorium Stage Handicap Lift Category: 91,013-17 Unit of Measure: Month Unit Prim 5,-.35,OQ-_ Num'ber of Units: 12 Total: $----420,00 Line: 4.10 Description: Certified Elevator Technician Regular Hourly Labor Rate Category,. 91013.17 Unit of Measure; Hour Unit Prim $--z5.00 Number of Units: 72 Total: $--.,5,4 . -0 0 .00 Line: 4.11 Descriptiot: Certified Elevator Technician Overtime (Evenings/Weekends) Hourly Labor Rate Category: 91013-17 Unit of Measure; Hour Unit Price: $-112.60 Number of Units: 14 Total: Line: 4,12 Description: Certified Elevator Technician Overtime (Flofidays) Hourly Labor Rate Category: 91,013-17 Unit of Measure: Hour Unit Price: $ 1.. 0.00 Number of Units: 1.2 Total: --,aOO.00 Page 13 of 56 Line: 4.13 Desuriptiow, Helper Elevator Technician Regular Hourly Labor Rate Category, 91,013-17 Unit of Measure: Hour Unit Price: $-15,-00 Number of Units: 72 Total: $_.�6 Q� Lino4.14 Description: Helper Elevator Technician Overtime (Evenings/Weekends) Hourly Labor Rate Category: 91013-17' Unit of Measure: Hour Unit Noe: Number of Units -14 Total: $__1,155,D_Q_ Line: 4.15 Description. Relpei Elevator Technician Overtime (Rolidays) llourlyLabor Rate Category: 91013-17 Unit of Measure: Hour Unit Price: Number of Units: 12 Total: $--1,200,00 Page 14 of 56 Invitation for Bid (IF8615394,3 Table mJContents Termsand ... .......... ...._........ ..^.........__............... ......... ....... ........ ~..... 17 I.GeumndConditions ... ........ _.......-._...~_~,........ ..~......~.......,~...~............. _~.................. ..-~...._17 1.1.8fON£RALTERMS, AND CONDITIONS ............... _....,.........~-..-..--.._._...~.......... ....l7 2. Special Coaditions................. ................... ............. ............................ ._......................... ....... ~....... -.3Y 2I.f9JQP}SB ..-.~............... ....~...._....._......^.,...... .-.._.......... ..... ....... ........ .._.....,37 22. CONFERENCE ..... .`......... .........~............. ..~....._..-...._..J7 2.1131I)DBISMINI&UM QUALIFICATIONS ..... ..... .... ......... _...... ......... ~.~...~............... 37 24.�VQLDN7AJRY SITE INSPECTIONS ._.-.......... _..—..~_..._~.—............ ................... .37 2,5. SPrCIFICATION EXCEPTIONS ~.~...... ..._........ ~~._........._....... ~_.._..._........ ....... .... ]8 2,6. DEADLINE FOR BECFDPT(F Rf�',QUEST FOR ADDITIONAL fN.~,.....-......... .._,.,_-.._.......... ____ ...... ^.......... ........ ..3* 27. TERM OFCONTRACT .... ....... ....... .......... ......... ............ ......... ....... ~... .... ...... ....-................ 3Q 2& CONDITIONS FOR RENEWAL .... .._......... __.....-....... .,~.......... ......_....^-...~.......... ...30 2,9.Y0ET0OD OF AWARD ........ .~........ ~...... ____ .... .............. ...... ~-._-..-.--._.~--.......... 39, 210.T8QDIDM .._....°.... ........ ........... ........... ........ ...... _.~~~.~.-.~"~......�._.__._.....�9 2l|.FIXED AND FIBMIRICING ..~.._._....._-.--_..~....~...... ...__..-........ ....... ...... .39 2,12. OF FUK[08 .~._~....~..~........~....~_~....~.........~...30 213.E&tPLOY8ES ._.-^_...... ...... .... .......... .....,.~._~..,....,.°............. ............... ................ ...�n 214. SUBCONTRACTORS ~..... ___ ....... ..~... ........................... ....... ~~.~_............. ._.^-../0 2,15.HOlJDAYS ._................ ................... ............ ........... ....~........... ...._,.._......... ^............. .14O 2,16. DELAYS .......... ....... ... ...... ~^,^-.... ,~.~,~,_~.~~~,.-,,.~....... ........... -...~.-_...... 40 2,17. FAILURE TO PERFORM ....... ............. .......... ........ ................... -..-.......... .-............ 40 2I8,..... .._...... ....... ............... ~...... ........ ............... ..... ~,.~-40 21P.INSURANCE REQUIREMENTS...~........ .~............... ........ ~.~'_~_~.^._..~....... -^...°....... ^�41 2,20. FACILITY ADMINISTRATORS .....~~~~.-.-...................... .....~....... ........... .......... .,.A3 121. AND MATERIALS ...... .......... ............ —...^..~.^..~.,~................ ___ ... .43 2.22 LICENSES AND PERMITS ............ 2.23. USE OF PREMISES ......... _....................... ... ........... ................... .............. ......,...... ._...... ..~.43 2,24 PUBLIC CONVENIENCE- AND SAFETY '......... ........... .~...._........ ......._°-._..... ....... 43 2.25.8AF8TYk{.EA3UDES...._.^..._^.~..,^.-~...^.~...~-_........ .~............-........... .--..A4 2,26, ROURLY RATE (FOR, REPAIRS OUTSIDE THE ROUTM',, MAINTENANCE PORTION OF THE....~.......~................... .........._............... -..... _44 2,27 B&&ERGIQNCY ....-....~~..-......... _............ .—........ ___ ... ...-...... ..d4 2.28.P&ICrS, AT COST (FOR REPAIRS OUTSIDE I1DE ROUTINE MAINTENANCEPORTION OF THE .... 2.29. WARRANTY, V11 NZESS FOR PURPOSE ~....... ............. ................. .._._... ............. ............ 45 2.3U.FINAL CLEAN-UP .... ... ...................... ......... ........ ........... ..... -..... ........ ~.... ... ____ .......... A5 23LCOMPLETED WORK .....~............... ...... ~.^..^.^...._~.......... ,........................ ...... --..^..'... ._A6 2,32. DOCUMENTATION......~......... ................... '......... ................... ...-........ ......... ........................... 46 2.33. INVOICING ____ ..... -....... .....~.~....................... ............. ............... ...... .............. ............ ^A6 2,34 OF ........... ~........ ....... 46 2�35.PRIM�k,RY�CLI8NT(BIRDIPR0OIU1\Y) ............ ........................ ................ ......... ____ .... ...,46 236 .... .~............. ....... ....... ...... ...................... ............. ...... ..._-_.~.~......... .47 Page 15et56 Invitation for Bid (IFB) 615394,3 Speoifications~~'~'~^~^-^-'--'---^'~'—~^_'^~~'................. ......... ................ ............ -.._A8 M. SCOPE, OF WORK .................... ........................... ................. .... .................... ....... ........... ........... A8 Pogo 16of56 Invitation for Bid (IFB) 6t5394,3 Terms and Conditions 1. General Conditions I.I., GENERAL,rERMS AND, CONDffIONS Intent: The General Terms and -Conditions described herein apply to the acquisition of goods/equipment/services with an estimated aggregate, cost of $25,000.00 or more, Definition: A formal solicitation is defined as issuance of an Invitation for Bids, Request for Proposals, Request for Qualifications, or Request for Letters, of Interest pursuant to the City of Miaral Procurement Code and/or Florida Law, as amended, Formal Solicitation and Solicitation shall be defined in the same manner heroin, I.I. ACCEPTANCE, OF GOODS OR 11Q111I)MENT -Any good(s) or equipment delivered under this formal solicitation, if applicable, shalt remain the property of the seller until a physical inspection and actual usage of the good is made, and thereafter is accepted as satisfactory to the City, it must comply with the terms herein and be fully in accordance with specifications and of the highest quality. In the event the goods/equipment supplied to the City are found to be defective or does -not conform to specifications, the City reserves the right to cancel the order upon written notice to the Contractor and return the product to the, Contractor at the Contractor's expense. 1.2. ACCEPTANU OF OFFER - The signed or electronic, submission of your solicitation response shall be considered an offer on the part of the bidder/proposer, such offer shalt be deemed accepted upon issuance by file City of a purchase order. 1.3. ACCEPTANCE/R.EJECTION --The City reserves the right to accept or reject ally or all responses or tiaras of after opening/closing date, and request re -issuance on the goods/services described in, the formal solicitation, In the event of such rejection, the Director Of PUrchasing shall notify all affected bidders/proposers and make available a written explanation for the rejection, The City also reserves the right to reject the response of any bidder/proposer who has previously failed to property perform under the terms and conditions of a contract, to deliver oil. time contracts of a similar nature, and who is not in a position to perfovin the requirements defined. in this formal solicitation. The City further reserves the right to waive any irregularities or minor informalities or technicalities in any or all responses and may, at its discretion, re -issue this formal solicitation. 1.4. ADDENDA — It is the bidder's/proposor's responsibility to ensure receipt of all Addenda. Addenda are available at the City's website ata ht4i://www,ci,mi,-Lmi.ti,tis/procuremerit I.S. ALTERNATERESPONSES WILL NOT BE CONSIDERED, 1.6. ASSIGNMENT - Contractor agrees not to subcontract, assign, transfer, convey, sublet, or otherwise dispose of the resulting Contract, or any or all of its fight, title or interest herein, without City of Miami's prior written consent, 1.7. A77ORNEY'S FEES - In connection with any litigation, mediation and arbitration arising out of this Contrtict, each party shall bear their own attorney's fees through arid including appellate, litigation and any post -judgment proceedings, 1.8. AUDIT RIGHTS AND RE, CORDS RETENTION - The Successful Bidder/Proposer agrees to provide access at all re,asonable times to the City, or to any of its duty authorized representatives, to any books, documents, papers, and records of Contractor which are directly pertinent to this fori-nalsolicitation, for the purpose of audit, examination, excerpts, and transoripflon, The Successful Bidder/Proposer sli all. maintain and retain any and all of Page 17 of 56 Invitation for Bid (IFB) Ca 15394,3 the books, documents, papers and records pertinent to the Contract f'or three (3) yearn ager the City m'nalces final payment and all other pending matters are closed, Contractor's failure to or refusal to comply with this condition shat l result in the immediate cancellation of this contract by the City. 1.9. AVAILABILITY OF CONTRACT STAXE-WIDE- Any Governmental, not -far -profit or quasi -governmental entity in the State of Florida, may avail itself o'f this contract and purchase any and all goods/services,, specified herein from the successful bidders)/proposer(s) at the contract price(s) established herein, when permissible by federal, state, and local laws, rules, and regulations. Each Governmental, not-formprofat or quasi -governmental entity which uses this formrmal solicitation and resulting bid. contract or agreement will establish its own contract/agreemont, place its own orders, issue its own purchase orders, be invoiced there from and make its own payments, determine shipping terms and issue its awn exemption certificates as required by the successful bidders)/proposer(s), t. iCi. AWARD OF CONTRACT: A. The Formal Solicitation, Bidder's/Proposers response, any addenda: issued, and the purchase order shall constitute the entire contract, unless modified ita accordance with any ensuing contract/agreornvat, amendment or addenda. 11. The award of a contract where there are Tie Bids will be decided by the Director of Purchasing or designee in the instance that Tie Bids can't be determined by applying Florida Statute 287,087, preference to Businesses with Drug -Free Workplace Programs, C. The award of this contract °quay be preconditioned on the subsequent submission of other documents as specified in the Special Conditions or "Technical Specifications. Bidder/Proposer shall be In default of its contractual obligation ifs such documents are not submitted in a timely manner and in the form, required by the City. Where Bidder[Proposer is in default of these contractual requirements, the City„ through action taken by the .Purchasing Department, will void its acceptance of the Bidder's/Proposer's Response and may accept the Response from the next lowest responsive, responsible Bidder or Proposal nmest advantageous to the City or re -solicit the City's requiremnetits. The City, at its sole discretion, dna.y seek monetary restitution from Bidder/Proposer and its bid/proposal bond or guaranty, if applicable, as a result of damages or increased costs sustained. as a result of the Bidder's/Proposcr's default. D. The term of the contract shall be specified in one of three documents which shaltbe issued to the successful Bidder/:proposer. These documents may either be a purchase order, notice of award and/or contract award sheet. E. The City reserves the right to automatically extend this contract for up to one hundred twenty (120) calendar days beyond the stated,countract tern, in order to provide City departments with continual service and supplies while anew contract is being solicited, evaluated„ and/or awarded. If the right is exercised, the City shall notify the BidderlProposer,, in writing, of its intent to extend the contract at the same price, terms and conditions for a specific number of days. Additional extensions over the first one hundred twenty (120) day extension may occur, if, the City and the Successful B iddor/Proposer are in mutual agreement of such extensions. F. '+'here the, contract involves a single shipment of goods to tho City, the coatraot term, shall conclude upon completion of the expressed or innaplied warranty periods. G, The City reserves the right to award the contract can a split -order, lump sump or individuual-iter, basis, or su b combination as shall best serve the interests of the City unless otherwise specified. H. A Conntract/A greemnent many be awarded to the Bidder/I'roposor by the City Commission based upon the mrminimnzrn qualification requirements reflected herein, Asa result of a RFP, RFQ,, or Rl"LI, the City reserves the right to execute or not execute, as applicable, an Agreement with the Proposer, whichever is determined to be in the Page 18 of'56 Invitation for Bid (IFB) 615394,3 City's best interests. Such agreement will be furnished by the City, will contain certain terms as are in the City's best interests, and will be subject to approval as to legal form by the City Attorney. 1.11. BID BOND/ BID SECURITY - A cashier's or certified -check, or a Bid Bond signed -by a recognized surety company that .is licensed to do business in the State of Florida, payable to the City of Miami, for the amount bid is required from all bidders/proposers, if so indicated under the Special Conditions, This check or bond guarantees that a bidder/proposer will accept the order or contract/agreement, as bid/proposed,if it is awarded to bidder/proposer, 'Bidder/Proposer shall forfeit bid deposit to the City should City award contract/agreement to Bidder/Proposer and Bidder/Proposer fails to accept the award, The City reserves, the right to reject any and all surety tendered to the City, 'Bid, deposits are returned to unsuccessful bidders/proposers within ten (10) days after the award and successful bidder's/proposer's acceptance of award. If sixty (60) days have passed after the date of the formal solicitation closing date, and no contract has been awarded, all bid deposits will be returned on demand. 1.12. RE SPONSE FORM (HARDCOPY FORMAT) - All forms should be completed, signed and submitted accordingly, 1.13. BID SECURITY FORYEITED LIQUIDATE, DDAMAGES -1 a lure,to execute an Agreement and/or file an acceptable Performance Bond, when required, as provided heroin, shall be just cause for the annulment of the award and the forfeiture of the Bid Security to the City,, which forfeiture shall be considered, not as a penalty, but in mitigation of darnages sustained. Award may then be made to the next lowest responsive, responsible Bidder or Proposal most advantageous to the City or all responses may be rejected. 1.14. BRAND NAME S, - If and wherever in the specifications brand names, makes, models, names of any in anufacturers, trade names, or bidder/proposercatalog numbers are specified, it is for the purpose of establishing the type, function, minimum standard of design, efficiency, grade or quality of goods only, When the City does not wish to rule out other competitors' brands or makes, the phrase "C II EQUAL" is added. When bidding/proposing an approved equal, bidders/Proposers will submit, with their response, complete sets of necessary data (factory information sheets, speciEcations, brochures, etc,) in order for the City to evaluate and determine the equality of the item(s) bid/proposed. The City shall be the solo judge of equality and its decision shall be final. Unless otherwise specified, evidence in the form of samples may be requested. if the proposed brand is other than specified by the City. Such samples are to be furnishedafter formal SOEC.itaff0t.l Opelliog/CIOSfillg Only upon request of the City. If samples should be requested, such samples must be received by the City no later than seven (7) calendar days after a formal request is rnade, 1.15. CANCELLATION - The City reserves the right to cancel all formalsolicitations before its opoiling/closing. In the event of bid/proposal cancellation, the Director of Purchasing shall notify all prospective bidders/proposers and makeavailable a written explanation for the cancellation, 1.16. CAPITAL EXIIENDITURES - Contractor understands that any capital expenditures that (he firm makes, or prepares to make, in order to deliver/perform the goods/services required by the City, is a business risk which the contractor most assume. The City will not be obligated to reimburse• amortized or unai-nortized capital expenditures, or to maintain the approved status of any contractor, If contractor has been unable to recoup its capital expenditures during the time it is rendering such goods/services, it shall not have any claim upon the City. 1.17, CITY'NOT LIABLE FOR DELAYS - It is further expressly agreed that in no event shall the City be liable l'or, or responsible to, the, Bidder/Proposer/Consultant, any sub-contractor/sLLb-coiisiiltant, or to any other person for, or on account of, any stoppages or delay in the work herein provided for by ir(Junction or other legal or equitable proceedings or on account of any delay for ally OnLISO Over which, the City has no control, 1.18. COLLUSION —Bidder/Proposer, by subinittirig a response, certifies that its response is made without previous understanding, agmemont or connection either with any person, firm or corporation submitting a response Page, 19 of 56 Invitation foT Bid (1FB) 6.15394,3 for the same items/services or with the City of Miami's Purchasing Department or initiating department. The Bidder/Proposer certifies that its response is fair, without control, collusion, fraud or other illegal action. Bidder/Proposer certifies that it is in compliance with the Conflict of ,Interest and Code of Ethics Laws, The City will investigate all potential situations where collusion may have occurred and the City reserves the right to reject any and all bids/responses where coilusicii may have occurred. 1.19, COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS - Contractor understands that contracts between private entities and local governments are sabj ect to certain laws and regulations, including laws portairiing to public records, conflict of interest,,records keeping, etc. City and Contractor agree to comply with, and observe all applicable laws, codes and ordinances as that may In any way affect the goods or equipment offered, including but not limited to: A. Executive Order 11246, which prohibits discrimination against any employee, applicant, or client because of race, creed, color, national origin, sex, or ago with regard to, but not limited to, the following: employment 'practices, rate of pay or other compensation methods, and training selection. B. Oocupational, Safety and Health Act (;OSHA), as applicable to this Formal Solicitation. C. The State of Florida Statutes, Sootion287.1333(3)(A) on Public Entity Crimes, D. Environment Protection Agency (EPA), as applicable to this Fo-rinal Solicitation. I, Uniform Commercial Code (.Florida Statutes, Chapter 672). F. Americafts with Disabilities Act of 1990, as arnerided, G. National Institute of Occapatiotial Safety Hazards .(NIOSH.), as applicable to this Formal Solicitation. R. National Forest Products Association (NFPA), as applicable to this Formal Solicitation. L City Procurorriont Ordinance City Code Section 18, Article Ill. J. Conflict of Interest, City Code Section 2-611;61. K. Cone of Silence, City Code Section t8-74, L. The Florida Statutes Sections 218.73 and 2 t 8.74 on Prompt Payment. Lack of knowledge by the bidder/proposer will in no way be a cause for relief from responsibility. Non-compliance with all local, state, and federal directives, orders, and laws may be considered grounds for termination of contract(s). Copies of the City Ordinances may be obtained from the City Clerk's Office. 1.20. CONE OF SILENCE - Pursuant to Section 18-74 of the City ofHam! Code, a "Cone of Silence" is imposed upon each RFP, RFQ RFLI, or 1FB after advertisement and terminates at the time the City Manager issues a written recoi-omendatioii to the Miami City Commission, The. Cone of Silence shall be applicable only to Contracts for the provision of goods and seivices and public works or improvements for amounts greater than $200,000, The Cone of Silence prohibits any communicatioli regarding RfPs, RFQs, RFLI or IFBs (bids) between, among others: Potential vendors, service providers, bidders, lobbyists or consultaats and the City's professional staff including, but not limited to, the City Manager and the City Manager's staff, the Mayor, City Conimlssioners, or their respective staffs and any member of the respective selection/evaluation committee, The provision does not apply to, among other communications, Page 20 of 56 Invitation for Bid (IFF) 615394,3 oral communications with the City purchasing staff, provided the communication is limited strictly to matters of process or procedure already contakied in the formal solicitation document; the provisions of the Cone of Silence do not apply to oral communications at duly noticed site visits/Inspections, pre -proposal or pre-bid conferences, oral presentations before selection/evaluation committees, contract negotiations during any duty noticed public meeting, or public presentations iaado to the Miami City Commission during a duly noticed public meeting; or communications in writing or by email, at any tinie with any City employee,, official or member of the, City Commission unless specifically prohibited by the applicable UP, R'FQ, RFLI or IFB (bid) documents (See Section 12. of the Special Conditions); or communications in connection with the. collection of industry comments or the performittice of market research regarding a particular WzP, RFQ, RFLT OR IFB by City Purchasing staff. Proposers or bidders must file a copy of any written communications with the Office of the City Clerk, which shall be made available to any person upon request.11e City shall respond in writing and file a copy with the Office of the City Clerk, Which shall be made available to any person upon request Written communications may be in the -form of e-mail, with a copy to the Off -ice of the, City Clerk, In addition to any other penalties provided by law, violation of the Cotie of Silence by any proposer or bidder shall render any award voidable, A violation by a particular Bidder, Proposer, Offeror, Respondent, lobbyist or consultant shall subject same to potential penalties pursuant to the City Code, Any person having personal knowledge of a violation of these provisions shall report such violation to the State Attorney and/or may file complaint with the Ethics Commission, Proposers or bidders should reference Section 18-74 of the City of Miami Code for'further clarification, This language is only a summary Of the key provisions of the Cone of Sflerice� Please review City ofMiami Code Section. 18-74 for a complete and thorough description of the Cone of Silence. You may contact the City Clerk at 305-250-5360, to obtain a copy of same, 1.21. CONFIDENTIALITY - As a political subdivision, the City of Miami is subject to the Florida Sunshine Act and Public Records Law, If this Contract/Agreenicat contains a confidentiality provision, it shall have no application when. disclosure is requiredby Florida law or upon court order. 1.22. CONFLIC'FOr, TNTEUEST — Bidders/Proposers, by responding to this Formal Solicitation, certify that to tl-Le 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 goo&services specified in this Formal Solicitation. Any such interests on the pail of thellidder/Proposer or its employees must be disclosed in writing to the City. Further, you must disclose the name of any City employee who owns, directly or Indirectly, an interest of five percent (5%) or more of the total assets of capital stock In your firm, A. Bidder/Proposer further agrees not to use or attempt to use any knowledge, property or resource which may be within his/her/its, trust, or perform his/her/its diffles, to secure a special privilege, benefit, or exemption for himself/herself/itsolf, or others. Bidder/Proposer rnay not disclose or use information not available to triciribers of the general public andgained by reason of his/her/its, position, except for information rolating exclusively to governinentat practices, for his/lier/its personal gain or benefit or for the personal gain or benefit of any other person or business entity, B. Bidder/Proposer hereby acknowledges that he/she/lt has not contracted or transacted any business with the City or tiny person or agency acting for the City, and has not appeared in representation of any third party before awry board, commission or agency of the City within the past two years, BIdder/Proposer further warrants that he/she/it is notrolated, specifically the spouse, sola, daughter, parent, brother or sister, to: (I) any member of the corninission; (ii) the mayor; (iii) any city employee; or (iv) any member of any board or agency of the City, C. A violation of this section may subject the Bidder/Proposer to immediate termination. of any professional services agreement with the City, imposition of the maximum fine and/or any penalties allowed by law, Page 21 of 56 Invitation for Bid (1F13) 61,5394,3 Additionally, violations may be considered by and subject to action by the Miami -Dade County Commission on Ethics, 1.23. COPYRIGHTOR PATENT RIG14TS — Bidders/Proposers warrant that there has been no violation of copyright or patent rights in manufacturing, producing, or selling the goods shipped or ordered and/or services provided as a result of this formal solicitation, and bidders/proposers agree to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 1.24. COST INCURRED BY 13.IDDER/PROPOSER - All expenses involved with the preparation and submission of Responses to the City, or any work performed in connection therewith shall be borne by the B idder(s)/Proposer(s), 1.25. DE BARMENT AND SUSPENSIONS (Sec 18-107) (a) Authority and requirement to debar and suspend. After reasonable notice to an actual or prospective Contractual Party, and after reasonable opportunity for such party to be heard, the C tty Manager, after consultation with the Chief Procurement Officer and the city attorney, shall have the authority to debar a Contractual Party, for the Causes listed below, from consideration for award of city Contracts. The debarment shall be for a period of not fewer than three years, The City Manager shall also have the authority to suspend a Contractual Party Froin consideration for award of city Contracts if there is probable cause for debarment, pending the debarment determInatiom The authority to debar and suspend contractors shall be exercised in accordance with regulations which shall be issued by the Chief Procurement Officer after approval by the City Manager, the city attorney, and the City Commission, (b) Causes for debarment or suspension. Causes for debarment or suspension include the following. (1) Conviction fbr 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. (q) Conviction under state or federal statutes of ernbezzlement, theft, forgery, brilbevy, 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 f6dera, t antitrust statutes arising out of the Submission of Bids or Proposals. (4) Violation of Contract provisions, which is regarded by the Chief Procurement Officer to be indicative of. nonresponsibility, Such violation may include failure without good cause to perform in accordance with the terms and conditions ofa Contract or to perform within the tirne limits provided in a Contract, provided that failure to perform caused by acts beyond the control ofa party shall not be considered a basis for debarment or suspension. (a) Debarment or suspension ofthe Contractual Party by any federal, state or other governmental entity, (6) False certification pursuant to paragraph -(c) below, (7) Found in violation ofa zoning ordinance or any other city ordinance or regulation and for which, the violation, remains noncompliant, (8) Found in violation ofa zoning ordinance or any other city ordinance or regulation and for which a civil perialty or furs; 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 Page 22 of 56 Invitation for Bid (lFB) 615394,3 responsibility of the Contractual Party performing city Contracts. (c) Certification., All Contracts for goods and servLees, sales, and leases by the city shall contain a certification that neither the Contractual Party nor any of its principal owners or personnel have been convicted of any of the violations set forth above or debarred or suspended as set forth in paragraph (b)(5). (d) Debarment and suspension decisions., Subject to the provisions of paragraph (a), the City Manager shall render a written decision stating the reasons for the, debarment or suspension. A copy of the decision shall be provided promptly to the Contractual Party, along with a notice of said party's right to seek judicial relief. 1,26. DI .B VWOORS —Ali entity or affiliate who has been placed on the State of Florida debarred or Suspended vendor list may not submit a response on a contract to provide goods or services to a public entity, may not submit a response on a contract with a public entity for the construction or repair of a public building or public work, may not submit response on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. 1,27. DEFAULTIFAILUR11, ro PERFORM - The City shall be the, sole, judge of noriperforinance, which shall include any failure on the part of the successful Bidder/Proposer to accept the award, to furnish required documents, and/or to fulfill any portion of this contract within, the time stipulated. Upon default by the; successfulffidder/Proposor to meet any terms of this agreement, the City will notify the Bidder/Proposer of the default and will provide the contractor three (3) days (Weekends and Widays excluded) to remedy the default, Failure on the contractors part to correct the default within the requiredthree (3) days shall result in the Contract being terminated and upon, the City notifying in writing the contractor of its intentions and the effective date of tile 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 thud set forth, aridto the degree specified in the Contract, B. Failure to begin the work under this Contract within the time specified. C. Failure to perform the world with sufficient workers and equipment or with sufficient materials to ensure timely completion. 1). 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. Becorning insolvent, being declared bankrupt, or cornmitting any act of bankruptcy or insolvency, ormakhIg an assignment for the benefit of creditors, if the insolvency, bankruptcy, or assignment renders tile SLICUSSfUl. Bidder/Proposer incapable of performing the work .in accordance with and as required by the Conti -act. 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 thue limits stated, together with the cost of completing the work, shall be deducted from any monies due or which may becorao due on this Contract. .1.28. DETERMINATION OF RESPONSIVENE SS - Each Response will be reviewed to determine if it is responsive to the submission, requirements outlined in the Formal Solicitation..P1 "responsive" response is one which follows the requirements of the l'ornial solicitation, includes all documentation, is subi-niftedin the fori-rarit outlined in tile formal. solicitation, is of timely, submission, and has appropriate signatures as required oil each document, Failure Page 23 of 56 Invitation for Bid (IF13) 615394,3 to comply with these requirements may deem a Response non-responsive. A. Responsible Bidder shall mean a bidder/proposer who has submitted a bid/prposal and who has the capability, as determined tinder the City Procurement Ordinance, In all respects to fully perform the contract requirements, arid the integrity and reliability of which, give reasonable assurance of good With and performance. .1,29, DISCOUNTS OFFERED DURINGTERM OF CONTRACT - Discount Prices offered in the response shall be fixed after the award by the Commission, unless otherwise specified in the Special Terms and Conditions. Price discounts off the original prices quoted in the response will be accepted from successful Bidder(s)[Proposer(s) during the terser of the contract. Such discounts shall remain in effect for a minimum of 120 days from approval by the City Commission Any discounts offered by a matrafacturer to Bidder/Proposer wilt be, passed on to the City. 1.30. DISCREPANCIES, ERRORS, AND OMISSIONS - Any discrepancies, errors, or ambiguities in the Formal Solicitation or addenda (if any) should be reported in writing to the City's Purchasing Department. Should it be found necessary, a written addendum will be incorporated in, the Formal Solicitation. and will become part of the purchase agreement (contract documents), The City will not be responsible for any oral instructions, clarifications, or other communications. A. Order of Precedence, — Any inconsistency in this formal solicitation shall be resolved, by giving precedence to the following documents, the first of such list being the governing, documents. 1) Addenda (as applicable) 2) Specifications 3) Special Conditions 4) General Tertas and Conditions 1.3 1. EMERGENCY / DISASTER PERFORMANCE - in the event of a hurricane or other emergency or disaster situation, the successful vendor shallprovide the City with the cornmoditics/services defined within the scope of this formal Solicitation at the price contained within vendor's response. Further, successful vendor shalt deliver/perform for the city ori: a priority basis during such times of emergency, 1.32. ENTIRE BID CONTRACT OR AGREEMENT - The Bid Contract or Agreement consists of this City of Miami Formal Solicitation and specifically this General Conditions Section, Contractor's Response and any written agreement entered into by the City of Miami and Contractor In cases involving R[ 1's, R'l,Qs, and RFLTs, and represents the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes all other negotiations, understanding and representations, if any, made by and between the parties. To the: extent that the agreement conflicts, with, modifies, alters or changes any of the terms and conditions contained in. the: Formal Solicitation and/or Response, the Formal Solicitation and then. the Response shall control, This Contract may be modified only by a written agreement signed by the City of Miami and Contractor. 1.33. ESTIMATED QUANTITIES —Estimated quantities or estimated dollars are provided for your guidance only. No guarantee is expressed or implied as to quantities that will be purchased during the contract period, The City is not obligated to place an. order for any given arnowit subsectuent to the award of this contract, Said estimates may be used by the City for purposes of determining the low bidder or most advantageous proposer electing specifications. The, City reserves the right to acquire additional quantities at the prices bid/proposed or at lower prices in this Fortnal. Solicitation. 1.34. EVALUATIONOF RESPONSES A.Rejection of Responses The City may reject a Response for airy of the following reasons; Page 24 of 56 Invitation for Bid (IFB) 615394,3 1) Bidder/Proposer fails to acknowledge receipt of addenda; 2) Bidder/Proposer mistates or conceals any material fact in the Response 3) Response does not conform to the, roquire:rnetits of the .Formal Solicitation; 4)' Response requires a conditional award that conflicts with the method of award; 5) Response does not include required samples, certificates, licenses as required; and, 6) Response was not executed by thoBiddor's/Propoqer(s) authorized agent. The foregoing is 'cot an all inclusive list of Teason s for which a Response may be rejected. The City may reject and re -advertise for all or any part of the Formal Solicitation whenever it is doomedin the best interest of the City. 13, Elimination From Consideration 1) A contract shall not be awarded to any person or firm which is in arrears to the City upon any debt or contract, or which is a defaulter as surety or otherwise upon any obligation to the City, 2) A contract may not be awarded to any person or firm which has failed to perform under the terms and conditions of any previous contract with the City or deliver on time contracts of a similar nature, 3) A contract may not be awarded to any person or firm which has been debarred by the City in accordance with the City's Debarment and Suspension Or&nanco, C. Mtermination of Responsibility 1) Responses will only be considered from entities who are regularly erigaged in the business of providing the goods/equipment/services required by the Formal Solicitation, Bidder/Proposer must be able to demonstrate a satisfactory record of performance and integrity; and, have sufficient financial, material, equipment, facility, personnel resources, and expertise to .meet all contractual requirements. The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and well established entity in Line with the best industry practices in the iridustry as determined by the City, 2) The City may consider any evidence available regarding the financial, technical and other qualifications and abilities of a Mder/Proposer, including past performance (experience) with the City or any other governmental entity in making the award, 3) The City may require the Bidder(s)/Proposer(s)'to show proof, that they have been designated as an authorized representative of amanufacturc:r orsuppliorwhioh is the actual source of supply, [frequiredby the Formal Solicitation. 1.35. EXCEPTIONS TO GE NERAL AND/QR SPECIAL CONDITIONS OR SPECS P ICATIONS - Exceptions to the specifications shall be listed on the Response and shall reference the section, Any exceptions to the General or Special Conditions shall be cause for the bid (IFB) to be considered non-responsive. It also Imay be cause for a RVP,'RFQ, or RFLI to be, considered non-respoasive; and, if exceptions are taken to the terns and conditions of the resulting agreement it may load to terminating negotiations. 136. F.O.13. DESTMATION -Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the bidder/proposer must be F.O.B, DESTINATION, inside delivery, with all delivery costs and charges included in the bid/proposal price, unless otherwise specified in this Format Solicitation, Failure to do so maybe cause for rejection. of bid/proposal, 1.37. FIRM PRICES - The bidder/proposer warrants that prices, terms, and conditions quoted in its response will be firm throughout the duration of the contract unless otherwise specified in the, Formal Solioltati6n. Such prices will remain firm for the period of performance or resulting purchase orders or contracts, which are to be performed Page 25 of 56 Invitation for Bid (IFB) 615394,3 or supplied over a period of time. 1.38. FLORIDA MINIMUM. WAGE - The Constitution ofthe State of Florida, Article X, Section 24, states that employers shall pay employee wages no less than the juirilmam wage for all hours worked in Florida, Accordingly, it is the contractor's, and its' subcontractor(s) -responsibility to understand and comply with this Florida constitutional inininium wage requirement and pay its employees the current established hourly minimum wage rate, which is subject to change or adjusted by the rate of inflation using the consumer price index for urban wage earners acrd clerical workers, CPT -W, or a successor index as calculated by the United States Department of Labor. Beach adjusted mininurin wage rate calculatedshall be' determined and published by the Agency Workforce Innovation on September 30th of each year and take effect oft the following January I k At the time of responding,, it is bidder/proposer and his/her suboontractor(s), if applicable, full responsibility to determine whether any of its exuployees may be impacted by this Florida Law at any given point in time during the terra ofthe contract. If impacted, bidder/proposer must furnish employee natne(s), job title(s), job description(s), and current pay rate(s). Failure, to submit this information at the time of submitting response constitute successful bidder's/proposer's acknowledgement and understanding that the Florida MinlMLIM Wage Law will not impact its prices throughout the term of contract and waiver of any contractual price increase request(s). ' The City reserves the right to request and successful bidder/proposer must provide for any and all inforniatioti to make a wage and contractual price increase(s) determination, 1,39. GOVERNING LAW AND, VE NUrl, - The validity and effeet of this Contract shall be governed, by the laws of the State of Florida, The parties agree that any action, inediation or arbitration arising out of this Contract shall take place itiMiarni-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 this Contract have been inserted for oonvenlent reference only and shall not in aoy M*anner be construed as modifyfng, amending or affecting in any way the expressed terms and provisions hereof, 1.41. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (FTIPPA) - Atly person or entity that performs or assists the City of Miami with a function or activity involving the use or disclosure of "individually identifiable health information (I HI) and/or Protectedl-fealth. ffiformatlon (PHI) shall comply with the Reatth Insurance Portability and Accountability Art (t -UP 4A) 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-pormitiod disclosures; C. Reporting to the City of Miami of any non -permitted. use: or disclosure; D. Assurances that at -Ly agents and subcontractors agree to the sqme restrictions arid conditions that apply to tile t; P Bidder/Proposer and reasonable assurances that 111-111PHT will beheld confidential;, E. Making Protected Health Information (PHI) available to the, custornor; F. Making PHI available to the customer for review and am.eadment-, and incorporating any amendmerits requested by the customer; G. Making PHI available to time City of Miami for an accounting of disclosures; and 14. Making internal practices, books and records related to PHI available to the City of Miami for compliance audits, PHI shall mabitain its protected status regardless of the form and method of transmission (paper records, and/or electronic transfer of data), The Bidder/ Proposer must give its customers written notice of its privacy information Page 26 of 56 Invitation for Bid (lFB) 615394,3 practices Including specifically, a description of the types ofuses and disclosures that would be made With Protected health information. 1.42INDEMNIFICATION - Contractor shall indemnify, hold harmless and defend, the City, its officials, officers, agents, directors, and employees, froin liabilities, damages, losses, mid costs, including, but not limited. to Toasonable attorney's fags, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of Contractor wid persons employed or utilized by Contractor in the perforynanco of this Contract and will indeinnif, hold harmless and defend the City, Its officials, officers, agents, directors and employees against, any civil actions, statutory or similar claims, injuries 01' damages arising or resulting froni the permitted work, even if it is alleged that the City, its officials and/or employees were negligent. These indemnifications shall survive the term of this Contract, In the event that any action or proceeding is brought against City by reason of any such claim or demand, Contractor shall, upon written notice frorn City, resist and defend such action or proceeding by counsel satis'.factory to City. The Contractor expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by Contractor shall An noway limit the responsibility to indemnify, keep and save harmless and de -fend the City or its officers, employees, agents and instrumentalities as herein provid&I, The Indemnification provided above shall obligate Contractor to defend at its own expense to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at City's option, any and all clairris of liability and all suits and actions of every name and description which may be brought against City whether perforined by Contractor, or persons employed or utilized by Contractor. This indemnity will survive the cancellation or expiration of the Contract. This indemnity will be interpreted under the laws of the State of Florida,, including without limitation and which conforms to the limitations of §725.06 and/or §725,08, Fla, Statues, as amended from time to tine as applicable. Contractor shall requtre all Sub -Contractor agreements to include a provision that they will indemnify the City, The Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims which may result ftin any actions or ornissions of the Contractor In which the City participated either through review or concurrence of the Contractor's actions. In reviewing, approving or rejecting any submissions by the Contractor or other acts of the Contractor, the City in no way assumes or shares any responsibility or liability of the Contractor or Sub -Contractor,, under this Agreement. 1.43. FORMATION AND Dt SCRIPTIVE LITERATURE —Bidders/Proposer must furnish all information requested in the spaces provided in. the Formal Solicitation. Further, as may be specified elsewhere, each Bidder/Proposer must submit for evaluation, outs, sketches, descriptive literature, technical, specifications, and Material Safety Data Sheets (MSOS)as required, covering the products offered, Reference to literature submitted with a previous response or on file with the Buyer will not satisfy this provision. 1,44. INSPECTIONS - The City may, at reasonable times during the term hereof, inspect Contractor's facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods and/or services required to be provided by the Contractor under this Contract conform to the terms and conditions of the Formal Solicitation, Contractor shall make available to the Cityall reasonable facilities and assistance to facilitate the performance of tests or Inspections by City representatives, All tests and inspections shall be subject to, andmado In accordance with, the provisions of the City of Miami Ordinanco'No. 12271 (Section 18-79), as same may be amended or supplemented from time to time. 1.45. INSPECTION OF RESPONSE - Responses received by the City pursuant to a Formal Solicitation will not be made available until such tirne as the City provides notice of an decision or intended decision orwithin 3O days after bid closing, whichever is earlier, Bid/Proposal results will be tabulated aildmay be furnished uponrequest via fax or e-mail to the Sr, Procurement Specialist issuing the Solicitation. Tabulations also are available on the City's Web Site following recommendation for award. I Page 27 of 5 6 Invitation for Bid (IFB) 615394,3 1.46. INSURANCE - Within ten (10) days after receipt of Notice of Award, the successful Contractor, shall furnish Evidence of Insurance to the Purchasing Department, if applicable. Submitted evidence of coverage shall demonstrate strict cotnpliance to all requirements listed on the Special Conditions entitled "Insurance Requirements". The City shall be listed as an "Additional Insured," Issuance of a Purchase Order is contingent upon the receipt of proper insurance documents, If the insurance certificate is received within the specified time frame but not in the manner prescribed in this Solicitation the Contractor shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the City. Ifthe Contractor fails to submit the required insurance documents in the manner prescribed in this Solicitation within fifteen (t5) calendar days after receipt Notice of Award, the contractor shall be in. default of the contractual terms and conditions and shall not be awarded the contract, Under such circumstances, the Bidder/Proposer may be prohibited from submitting future responses to the City. Information regarding any insurancf, requirements shall be directed to the Risk Administrator, Department of Risk Management, at 444 SW 2nd Avenue, 9th Floor, Miami, Florida 33130, 305-416-1604, The Bidder/Propoger shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in effect for the duration of the contractual period; including any and all option terms that may be granted to the Bidder/Proposer, 1.47. INVOICES - I.nvoices shall contain, purchase. order number and details of goods and/or services delivered (Le, quantity, unit price, exterided, pride, etc); and in compliance with Chapter 218 of the Florida Statutes (Prompt Payment Act). 1.48. LOCAL PRE FERENCE A, City Code Section 18-85, states, "when a responsive, responsible noxi -local bidder submits the lowest bid price, and the bid submitted by one or snore 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." B. City Code Section 1886, states, "the RFP, RFLI or.RFQ, as applicable, -may, in the exert so of the reasonable professional discretion of the City Manager, director of the using agency, and the Chief Pmourement Officer, include a five (5%) percent evaluatiotL criterion in favor of proposers who maintain a local office, as defined in Section 18-73. In such cases, this five (51/1o) percent evaluation criterion in favor of proposers who maintain a local office will be specifically defined in the RFP, RFLI or RFQ, as applicable; otherwise, it will not apply, 1.49. MANUFACTURER'S CE RTYPICATION -"The City reserves the right to request from bidders/proposers a separate Manufacturer's Certification of all staterneuts made in t4o bid/proposal. Failure to provide such certification may result in, the rejection, of bid/proposal or termination of contract/agreement, for which the bidder/proposer must bear full liability, 1,50. MODIFICATIONS OR CRiV14CES IN PURCHASE ORDERS AND CONTRACTS - No contract or understanding to modify this Formal Solicitation and resultant purchase orders or contracts, if applicable, shall be binding upon the City unless made in writing by the Director of Purchasing of the City of Miami, Florida through the issuance of a change order, addendum, amendment, or supplement to the contract, purchase order or award shoot as appropriate. Page 28 of 56 Invitation for Bid (ITB) 615394,3 1.51. NO PARTNERSHIP OR JOINT VENTUIM - Nothing contained in this Contract will be deemed or construed to create a partnership or Joint venture between the City of Miamiand Contractor, or to create any other simil ar re I ationship between the patties. 1.52. NONCONFORMANCE TO CONTRACT COM)ITIONS - 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 Bidder's/Propos or's expense. These non -conforming items not delivered as per delivery date in the response and/or Purchase Order may result in bidder/proposer being found in. default in which event any and all re-procureineut costs may be charged against the defaulted contractor. Any violation of those stipulations may also result in the supplier's name being removed from the City of Miami's Supplier's list. 1.53. NONDISCRIMINATION —Bidder/Proposer agrees that it shall not discriminate as to race, sex, color, age, .religion, national origin, marital status, or disability in connection with its performance tinder this formal solicitation, Rirthermore, Bidder/Proposer agrees that no otherwise qualified individual shall solely by reason of hislher race, sex, color, age, religion, national origin, marital status or disability be excluded from the participation in, be denied benefits of, or be subjected to, discrimination under any program or activity, In connection, with the conduct of its business, including performance of services and employment of personnel, 13idder/Proposer shall not discriminate against any person on the basis of race, color, religion, disability, ago, sex, marital status or national origin. All persons having appropriate qualifications shall be afforded equal opportunity for employment, 1.54. NON-EXCLUMVE CONTRACT/ PIGGYBACK PROVISION - At such times as may serve its best interest, the City of Miami reserves the right to advertise for, receive, and award additional contracts for these herein goods and/or services, and to make use of other competitively bid (governmental) contracts, agreernents, or other similar sources for the purchase of these goods and/or services as may be available, ,It is hereby agreed and understood that this formal, solicitation does not constitute the exclusive rights of the succosstbl bldder(s)/proposor(s) to receive all orders that may be generated by the City in conjiniction with this Fo-rmal Solicitation, In addition, any and all commodities, equipment, and services required by the City in conjunction with construction projects arc solicited tinder a distinctly different solicitation process and shalt not be purchased tinder the terms, conditions and awards rendered under this solicitation, unless such purchases are deterniined to be in the best interest of the City, 1.55, OCCUPATIONAL LICENSE - Any person, firm, corporation or joint venture, With a buShICSS location in the City of Miami, and is submitting Response Linder this Formal Solicitation shall, meet the City's, Occupational License Tax requirements in accordance with Chapter 31.1, Atlicle I of the City of Miami Charter, others with a location outside the City of Miami shall meet their local Occupational License Tax requirements, A copy of the license must be submitted with the response-, however, the City may at its sole, option and in its best interest allow the Bidder/Proposer to supply the license to the City during the evaluation period, but prior to award. 1,56. ON PROPOSAL - Only one, (I) Response from an individual, firm, partnership, corporation orjoitit venture will be considered in response to this Formal Solicitation., 1.57. 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/Proposer pursuant to this ,Page 29 of 56 Invitation for Bid (JFB) 615394,3 formal solicitation shall at all times remain the property of the City and shall not be used by the Bidder/proposer for any other purposes whatsoever without the written consent of the City, 1,58. PARTIAL INVAL[Dff Y - If any provision of this Contract orthe application thereof to any person or circumstance shall to any extent be held invalid, then the remainder of this Contract or the application of such provision to persons or circurnstances; other than those as to which it is hold invalid shall not be affected thereby, and each provision of this Contract shall be valid and enforced to the fullest extent permitted by Law. 1,59. PF RFORMANCE/PAYMENT BOND —A Contractor maybe required to furnish Performance/Payment Bond as part, of the: requirements of this Contract, in an amount equal to one hundred percent (100%) of the contract price, 1,60. PREPARATION OF RBSPONSES (HARDCOPY FORMAT) —Bidders/Proposers are expected to examine the specifications, required delivery, drawings, and all special and general conditions, All bid/proposed amounts, If required, shall be either typewritten or entered Into the space provided with ink. Failure to do so will be at the Bidder's/Proposer's risk, A. Each Bidder/Proposer shall furnish the information required in the Forinal Solicitation. The Bidder/Proposer shall sign the Response and print in ink or type the name of the Bidder/Proposer, address, and telephone number on the face page and oil each continuation sheet thereof on. which he/she makes an entry, as required, B. if so required, the unit price for each unit offered shalt be shown, and such price shall lacludo-packaging, handling and shipping, and F.O.B. Miami delivery inside City premises unless otherwise specified. Bidder/Proposer shall include in the response all taxes, insurance, social security, workmen's compensation, and any other benefits normally paid by the Bidder/Proposer to its employees. If applicable, a unit price shall be entered in the "Unit Price" column for each item, Based upon estimated quantity, art 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 wift price will be presumed correct, C. The Bidder/:Proposer must state a definite Vilie, if required, In calendar days for delivery of goods and/or services, D. The Bidder/Proposer should retain a copy of all response documents for future reference. E. All responses, as described, must be fully completed and typed or printed in ink and must be signed in. ink with the firm's name and by an officer or employee having authority to blM the company or firm by his/her signature, B ids/Proposals having any erasures or corrections Must be hifthited in ird(by person signing. the response or the response may be rejected. F. Responses are to remain valid for at least 180 -days. Upon award of a contract, the content of the Successful Bidder's/Proposer's response may be included as part of the contract, at the City's discretion. G. The City of Miami'sResporlso Forms shall be used when Diddor/Proposer is submitting its response ill hardcopy format. Use of any other forms will result in the rejection of the response, rFS0"BMITTrNG HARDCOPY FORMAT, TFIE'ORIGINAL AND THREE (3) COPIES OF THESE SETS OF FORMS, UNLESS OTHERWISE SPECIFIED, AND ANY ItEQUIRED ATTACHMENTS MUST BE RETURNED TO TFIL CITY OR YOUR RESPONSE MAYBE DEEMED NON-RESPONSIVE, 1.61. PRICE ADJUSTMIEN,rs — Any price decrease effectuated during the contract period either by reason of inarket change or on the part of the contractor to other customers shalt be passed on to the City of Miami, 4.62. PRODUCT SUBSTITUTES - In the event a particular awarded and approved rnanufacturer's product Page 30 of 56 Invitation for Bid (IFB) 615394,3 becomes unavailable during the term of the Contract, the Contractor awarded that item juay 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. 1.63, CONFLICT OF INTEREST, AND UNETIUCAL -BUSINESS PRACTICE P.ROHIBITIONS - Contractor represents and warrants to the City that it has not employed or retained any person or company employed by the City to solicit or secure this Contract and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Contract, 1.64. PROMPT PAYMENT —Bidders/Proposers may offer a cash discount for prompt payment; however, discounts shall not be considered in determining the, lowest net cost for response evaluation purposes. Bidders/Proposers are -required to provide their prompt payment terms In the space provided on the Formal Soticitafion. If no prompt payment discount is being offered, the BidderlProposer must enter zero (0) for the percentage discount to indicate no discount.. If the Bidder/Proposer fails to enter a percentage, it is understood and agreed that the terms shall be 2% 20 days, effective after receipt of invoice or final acceptance by the City, whichever is later. When the City is entitled to a cash discount, the period of computation will commence on the date of delivery, or receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is necessary due to damage, the cosh 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 itis determined by the City that a cash discount applies. Price diSCOLIMS off the original prices quoted on the Price Sheet will be accepted from successful bidders/proposers during the term of the contract, 1,65. PROPt RTY -Property owned by the City of Miami is the responsibility of the City of Miami. Such property furnished to a Contractor for repair, modification, study, etc, shall remain the property of the City of Miami, Damages to such 'property occurring while in the possession of the Contractor shall be the, responsibility of the Contractor, Damages occurring to such property while In route to the City of..Miami shall betheresponsibility of' the Contractor. In the event that such property is destroyed or declared a total loss, the Contractor shall be responsible for replacement value of the property at the current market value, less depreciation of the property, if any, 1.66. PROVISIONS 13LNDING - Except as otherwise expressly provided in the resulting Contract, all covenants, conditions and provisions of the resulting Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns. 1.67. PUBLIC ENTITY CRIMES'- A person or affiliate who has been placed on the convicted vendor list following a conviction for it public entity crime may not submit a response on a contract to provide any goods or services to a public entity, may not submit a response on a contract with a public entity for the construction or repair of a public building or public work, may net submit responses on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with. any public entity, and may not transact business with any public entity in excess, of the threshold arnount 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, 1.68. PUBLIC RECORDS - Contractor understands Haat the public shall have access,, at all reasonable tinges, to all documents and information pertaining to City contracts, subject to the provisions of Chapter 119, Florida Statutes, Page 31 of 56 Invitation for Bid (IF13) 615394,3 and City oCMiarni Code, Section 18, Article 111, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable law. Contractor shall additionally comply with the provisions of Section 119,070 1, Florida Statutes, entitled "Contracts; public records". Contractor's failure or refusal to comply with the provision of this section shall result in the immediate, cancellation of this Contract by the City. 1.69. QUALITY OF GOODS, MATER AES, SUPPLIES, PRODUCTS, AND E QUIPMENT - All materials used in the inamifacuLying or construction of'supplies, materials, or equipment covered by this solicitation shall be new. The items bid/proposed must be, of the latest make or model, of the best quality, and of the highest grade of workmanship, unless as otherwise specified in this Solicitation. 1.70. QUALITY OF'WORK/SERV10E, - The work/services performed inust be ofthe highest quality and workmanship. Materials furnished to complete the service shall be now and of the highest quality except as otherwise specified in this Solicitation, 1.71, REMEDIES PRIOR TO AWARD (See. 18-106) - if prior to Contract award it is determinedthat a formal solicitation or proposed award 0in violation of law, then the solicitation or proposed award shall be cancelled by fire Cit a -y Commission, the City Manager or the Chief Procurement Officer, as rimy be applicable, or revised to comply with the law, 1.71 RESOLUTION OF CONTRACT DISPUTES (Sec. 18-105 (a) Authority to resolve Contract disputes, The City Manager, after obtaining the approval of the city attorney, shall have the authority to resolve controversies between the Contractual Party and the city whIch, arise under, or by virtue of, a Contract between them; provided that, in cases involving an amount greater than $25,000, the City Commission roust approve the City Manager's decision. Such authority extends, without limitation, to controversies based upon breach of Contract, mistake, misrepresentation or lack of complete performance, and shall be Invoked by a Contractual, Party by submission, of a protest to the City Manager. (b) Contract dispute decisiow. If a dispute is not resolved by mutual consent, the City Manager shall promptly render written report staring the reasons for the action taken by the City Commission or the City Manager which shall be final acrd conclusive. A copy of the decision shall be immediately provided to the protesting party, -along with a notice of such patty's right to seek judicial relief, provided that the protesting party shall not be entitled to such judicial relief withQviu: first having followed the procedure set foith in this section. 1.71RESOL1J11ON OF PROTESTED SOLICITATIONS AND AWARDS (See. 18-104) (a) Right to protest. The followlag procedures shall be used for resolution of protested solicitations and awards except for purchases of goods, supplies, equipment, aad services, the estimated cost of which does not exceed $25,0K Protests thereon shall be governed by the Administrative Policies and Procedures of Purchasing. I.Protest of Solicitation, i. Any prospective proposer who perceives itself aggrieved in connection with the s6lioltation, 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 (lays 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 f.110 a protest is considered filed wl,,ien received by the Chief Procurement Officer; or H. Any prospective bidder who intends to contest the Solicitation Specifications or a solicitation may protest to the Chief Procurement Olficer, A written notice of intent to file a protest shall be filed with the Chief Procurement Page 32 of 56 Invitation for Bid (IFB) 615394,3 Officer within three days after the solicitation is published in a newspaper of general circulation. A notice of intent to file a protest is considered, filed when received by the Chief Procurement Officer, 2. Protest of Award, L A written notice of intent to file a protest sitall'be filed with the Chief Procurement Officer within two days after receipt by the proposer of the notice of the City Manager's recommendation for award of Contract, which will be posted on the City of Miami Purchasing Department website, in the Supplier Comer, Curreat Solicitations and Notice of Recominendation of Award Section, The notice of the City Manager's recommendation can be found by selecting the details of the solicitation and is listed as Recommendation of Award Posting Date and Recommendation of Award To fields, If "various" is indicated in the Recommendation of AwatdTo field, the Bidder/Proposer must contact the buyerfor that solicitation to obtain the suppliers, name. It shall be the responsibility of the Bidder/Proposer to check this section of the website daily after responses are submitted to receive the -notice; or fi. Any actual Responsive and Re5ponsiblo Bidder whose Did .is lower tlian that of the recommended bidder may protest to the Chief Procurement Officer. A wi' itten notice of intent to file -it protest shall be filed with the Chief Procurement Offloer 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, til. A written protest based on any of the, foregoing must besubmitted to the Chief Procurement Officer within five (5) days after the date the notice of protest was filed. A written protest is considered filed when received by the Chief Prociaerneat officer, The written protest may not challenge the relative weight of the evaluation criteria or the formula for assigning points in making ran award determination, 'rho written protest shall state with particularity the specific facts and law upon whicli, 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 subsroctioti, (0, This shall fbrm. the basis for review of the written protest and no facts, grounds, doenmeatation or evidence not contained hi the protester's submission to the Chief Procurement Officer at the time of filing the protest shrill be permitted in the consideration of the written protest, No time will be added to the above lir-nits for service by malL In computing any period of time prescribed or allowed by this section, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday. Interinediato Saturdays, Sundays and legal holidays shall be excluded in the computation of the time for Illing. (b) Authority to resolve protests, The Chief Procurement Officer sliall have the: authority, subject to the approval of the City Manager and the city attorney, to settle and resolve any written protest, The Chief Procurement Officer shall obtain the requisite approvals and communicate said, decision to the protesting party and shall sublait said decision to the City Commission within 30 (lays after lie/she receives the protest. In cases involving, more than $25,000, the decision of the Chief Procurement Officer sliall be submitted for approval or, disapproval thereof to the City Commission after a favorable recommendation by the city attorney and the City Manager. (e) Compliance with filing requirements, Failure of a party to timely file either the notice of%intent to rile a protest or the written protest, together with the required Filing Fez as provided. in subsection. (1), with the Chief Procurement Officer within the time provided in subsection (a), above, shalt constitute a forfeiture, of such party's right to file a Page 33 of 56 Invitation for Bid (IFB) 615394,3 protest pursuant to this sectiou. The protesting party shall not be entitled to seek judicial relief without first having followed the procedure set forth in this secti.on (d) Stay of Procurements during protests, 'Upon receipt of a written protest filed pursuant to the requirements of this section, the city shall not proceed further with the solicitation or with 'the award. of the Contract until the protest is resolved by the Chief Procurement officer or the City Commission as, provided in subsection (b).abovo, 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 iminediatc, andserlous danger to the pubilc health, safety or welfare. (e) Costs. All costs accruing from a protest shall be assumed by the protestor. (f) Filing Fee. The written protest must be accompanied by a filing fee in the roan efa money order or cashier's check payable to the city in an amount equal to one percent of the amount of the Bid or proposed Contract, or &5000.00, whichever Is less, which filing fee shall guarantee the payment of all costs which may be adjudged against the protestor in any administrative or court proceeding, If a protest is upheld by the Chief Procurement Officer and/or the City Commission, as applicable, the filing fee, shall be refunded to the protestor less any costs assessed under subsection (e) above, If the protest is denied, the filing fee shall be forfeited to the city in. lieu of payment of costs for the administrative proceedings as prescribed. by subsection (0) above, 1,74. SAMPLES - Samples of items, when, required, must be submitted within the time specified at no expense to theCky, If riot destroyed by testing, bldder(s)/proposer(s) will be notified to remove samples, at tboir expense, within 30 days after notification, Failure to rernovo the samples will result in the samples becoming the property of the City. 1,75. SU LLING, TRANSFERRING OR ASSIGNING RE SPONSIBILITIES - Contractor shall not assign, transfer or subcontract at any thue during the term of the Contract, or any part of its operations, or assign any portion of the performance required by this contract, except under and by virtue of written permission granted by the City through the proper officials, which may be withheld or conditioned, in, the City's sole discretion. 1.76. SERVICE, AND WARRANTY —When specified, the bidder/proposer shall define all warrarfty, service and replacements that will be provided, Bidders/Proposer must explain, on the Response to what extent warranty and service facilities are available, A copy of the manufacturer's warranty, if applicable, should be submitted with your response. 1.77. SILENCE OF SPECIFICATIONS - The apparent silence of these specifications and any supplemental specification as to any detail or the emission frorn it of detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct type, size and design are to be used, All workmanship and -services is to be first quality. All, interpretations of diese specifications shall be made upon tho basis of this statement. If your firm hat a current contract with the State of Florida,.Depailment of General Services, tosupply the items on this solicitation, the bidder/proposer shall quote not more tlian. the contract price; failure to comply with this request will result in disqualification of bid/proposal, 1.78. SUBMISSION AND RECEIPT OF RESPONSES - Responses shall be submitted electronically via the Oracle System or responses may be submitted iti, hardcopy format to the City Clerk, City Hall, 3500 Pan American Drive, Miami, Florida 33133-5.504, at or before, the specified closing date and time as designated in the lFB, RFP, RFQ, or RFLI, NO EXCEPTION& Bidders/Proposers are welcome to attend the solicitation closing; however, no award will be made at that time. Page 34 of 56 invitation for Bid (IF13) 615394,3 A, Hardcopy responses shall be enclosed in a sealed envelope, box package, The face of the envelope, box or package must show the hour and date specified for receipt of responses, the solicitation number and title, and the name and return address of the Bidden/Proposer, 11ardeopy responses not submitted on the reqaWte Response Fortli%,tnay be rojected, Hardcopy responses received at any other location than the specified shall be deemed non-responsive, Directions: to City Fall: FROM THE NORTH: 1-95 SOUTH UNTIL IT TURNS INTO USI. USI SOUTH TO 27TH AVE.JuRN LEFT, PROCEED SOUTH TO SO, BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, I BLOCK TURN RIG14T ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT. FROM THE SOUTH: USI NORTHTC) 27TH AVENUE, TURN RIGHT, PROCEED SOUTH TO SO, BAYSHORE DR, (3RD TRAFFIC LIGHT), URN LEFT, I BLOCK TURN RIGHT ON PAN AMERICAN DR, CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGITF. B. Facsimile responses will not be considered. C. Failure to fol low these procedures is cause for rejection of bid/proposal, D, The responsibility for obtaining and submitting a response oil or before the close date is solely and strictly the responsibility of Bidder/Proposer, The City of Riarni is not responsible for delays caused by the United States mail delivery or caused by any other occurrence, Responses received after the solicitation closing date and tirn e will be returned unopened, and will not be considered for° award. L Late responses will be rejected. K All responses are subject to the conditions specified herein, Those which do not comply with these conditions are subject to rejection. G. Modification of responses already submitted will be considered only if received at the City before flip, tirrie and (fate set for closing of solicitation reSpUses. All modifications must be submitted via the Oracle System or in writing. Once a solicitation closes (closed date arid/or time expires), the City will not consider any subseciaent submission which alters the responses, 11. IT hardcopy responses are submitted at the same time for different solicitations, each response must be placed in a separate envelope, box, or package and each envelope, box or package must contain the information previously stated in 1,82.A, 1.79. TAXES - The City of Miami is exempt ii-om any taxes imposed by the State end/or Federal Government. Exemption certificates will bo provided upon request. Notwithstanding, Bidders/Proposers should be aware of the fact that all materials arid supplies which are purchased by the Bidder/Proposer for the completion of the contract is Subject to the Florida State Sales Tax in accordance with Section 212,08, Florida Statutes, as amended and all arnendmonts thereto and shall be paid solely by the Bidder/Proposer. .1.80, 'I'MIMINATION —The City Manager on behalf of the City of Miami reserves the right to torarinato this contract by written notice to the contractor effective the date specified in the notice should any of the following apply: A. The contractor is deter mined by the City to be In breach of any of the terms and conditions of the contract, B. The City liar determined that such termination will be in the best interest of the City to terminate the contract foie its own convenience; Page 3.5 of 56 Invitation for Bid (013) 615394,3 C. Funds are not available to cover the cost of the goods and/or services. 'rho City's obligation is contingent upon the availability of appropriate funds, 1,81. TERMS OF PAYMENT - Payment will be made by the City after the goods and/or services awarded to a Bidder/Proposer have been received, inspected, and found to comply with award specifications, free of damage or do -feat, and properly invoiced, No advance payments of any kind will be made by the City of Miami. Payment shall be made after delivery, within 45 days of receipt of an invoice and authorized inspection and acceptance of the goods/services and pursuant to Section 218,74, Florida Statutes and other applicable law, 1.82. TIMELY DELIVERY - Time will be of the essence for any orders placed as a result of this solicitation. The City reserves the right to cancel such orders, or any part thereof, without obligation, if delivery is not made within the time(s) specified an their Response. Deliveries are to be made during regular City business hours unless otherwise specified in the Special Conditions. 1.83. TITLE -Title to the goods or equipment shall not pass to the City until after the City has accepted the goods/equipment or used the goods., whichever comes first, 1.84.TRA.DE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE- All Responses 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 Response contains information that constitutes a "trade secret", all material that qualifies for exemption from Chapter 119 must be submitted in a separate envelope, clearly identified as "TRADE SECRETS EXCRPTION," with your firm's name and the Solicitation number and: title marked on the outside. Please be aware that the designation of as item as a trade secret by you may be challenged in court by any person, By your designation of material in your Response as a "trade secret" you agree to indermaify 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 your claim. .1.85. UNAUTRORIZED WORK OR DELIVERY OF GOODS- Neither the qualified Bidder(s)/Proposer(s) nor any of his/her employees shall perform any work or deliver any goods unless a change order or purchase order is issued. and received by the Contractor. The qualified Bidder(s)/Proposor(s) shall not be paid for any work, performed or goods delivered outside the scope of the contract or any work performed by an employee not otherwise previously authorized, 1.86. USE OF NAME - The City is not engaged in research for advertising, sales promotion, or other publicity Z� purposes. No advertising, sales promotion or other publicity materials containing information obtained from this Solicitation are to be mentioned, or imply the name of the City, without prior express written permission of the City Manager or the City Commission. 1.87. VARIATIONS OF SPECIFICATIONS - For purposes of solicitation evaluation, bidders/proposersinust indicate any variances from the solicitation specifications and/or conditions, no matter how slight. If variations are not stated on their Response, it will be assumed that the product fully complies with the City's specifications, Page 36 of 56 Invitation for Bid (1FB) 615394,3 2. Special Conditions 2.1. PURPOSE The purpose of this Solicitation is to establish a contract, for Elevator Maintenance Services - Citywide, as specified herein, from a source(s), fully compliant with the terms, conditions and stipulations of the solicitation. 2.2. PRE-BUD/PRE -PROPOSAL CONFE RENCE None 2.3.13WDERS MINIMUM QUALIFICATIONS In order to maintain the City's property at a high level, the City is seeking qualified Bidders who have experience and provide quality service. Bids shall be considered only Froin firins that are regularly engaged in the business of providing services as described herein. The Bidder shall: A. Have been in the business of elevator maintenance and repair services for not less than ton (10) years. Be a registered elevator company with the Florida Department of Business -and Professional Regulations, B. Provide a minimum of three (3) Client References and Past Performance Evaluation Questionnaire from each of the three (3) client refetenees.requested. Both of these afore -mentioned documents are located inthe Attributes portion of the Headcr Section of this Invitation for Bid (I.FB), and must be included in the response submittal, The City reserves the right to verify and/or visit these client references as pan of the evaluation, and shall use the same as a disqualifier concerning the work to be performed und er this IFB, should the Client Peforenceg reveal poor performance, C. Provide Florida Department of Business and Professional Regulations and/or Miami -Dade County Certified Elevator Technician (s), who have at least three (3) consecutive years. experience, to perform said. services on City facilities: Proof of holding such License/Certifications shall be submitted at the t4ne. of bid submission,_ Failure to provide such proof at time of bid submission may result in your bid being non-respoiisive, D. Not have any inember, officer, or stockholder that is in arrears or in default of any debt or contract Involving the City, is a defaulter surety otherwise, upon any obligation to the City, and/or has failed to perform faithfully on any previous contract With the City. E. Have no record of pending lawsuits or criminat activities, and have never been declared bankrupt within the last three (3) years, 2.4, 'VOLUNTARY SITE INSPECTIONS Page 37 of 56 Invitation for Bid (IFB) 615394,3 Prior to submitting the bid, the Bidder is encouraged to visit the site of the proposed work to become familiar with any conditions, which may in any manner„ affect the work to be done or affect the equipment, materials and labor required, The Bidder should examine carefully the specifications and be thoroughly informed rogardirig any arid all cottlitions and roquixements that may in any manner affect the work to be poxformed under the contract. No additional allowances will be made because of lack of knowledge of these conditions. 2.5. SPECIFICATION EXCEPTIONS Specifications are based on the most current literature available. Bidder shall notify the City of Miami Procurement Department, in writing, no less than ten (10) days prior to solicitation closing date of any change in, the manufacturers' specifications which conflict with the specifications. For hard copy bid submittals, Bidders must explain any deviation from the specifications in writing as a footnote on the applicable specification page and enclose a copy of the iiianufactLii-er'sspec't,ricattoals data detailingtine changed item(s) with lils/her submission. For electronic bid submittals, Bidders must explain, in. the 1 -leader Section or by an Attachment and, if applicable, enclose a scanned copy of the manufacturer's specifications data detailing the changed item(s) with his/her submission. Additionally, Bidders must indicate any options requiring the addition of other options, as well as those which are included as a part of another option. Failure of Bidders to comply with these provisions will result in Bidders being held responsible for all coasts TekjUlrod to bring the iteni(s) in compliance with contract specifications, 2.G. ''DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION Any quostimis or clarifications concerning this solicit4tion shall be submitted by email or facsinutc, to the Procurement Department, Attn: Eduardo Falcon; fax: (305) 400-5390 or email: efalcon@m1ai-nigov.corn, and a copy filed with tine Office of the City Clerk, pursuant to Section 1,20. Cone of Silence. 'rho solicitation title and number shall be referenced on all correspondence, All, questions niust be received no later than. Tuesday, August 30, 2016 at 2;Oil 'PM, All responses to questions wi - 11 be sent to all prospective bidders/proposers in the form ii of aaddendum. NO QUESTIONS WILL 13B RECEIVED VERBALLY OR AFTER SAID DEADLINE. 2.7. TERM OF CONTRACT The Coritract shall commence upon the date of notice of award and shall be effective for three (3) years with the option to renew for one (1) additional three (3) year period, subject to the availability of funds, for succoefflng, fiscal years. Continuation of the contract beyond the initial period is a City prerogative; not a right of the Bidder, This prerogative will be QNerclsed only when such continuation is clearly in the best interest of the City. 2.8. CONDITIONS FORRE NEWAL Each renewal of th 'is contract is subject, to the following: (1) Continued satisfactory performance compliance with the specifications, terms and conditions established herein, (2) Availability of funds Page 38 of 56 Invitation for Bid (IFB) 615394,3 2.9. M THOD OF AWAIM Award of this contract will be, made to the lowest responsive and responsible Bidder meeting the Specifications, on the aggregate, Bidders must bid on all items in each group. Failure to bid on all, items shall disqualify your bid. The City resolves the right to accept Or reject any or all bids or parts of bids, waive informalities, and re -bid these services specified herein. 2.10. TIE 13IDS Whenever two or more Bids which ate equal with respect to price, quality and service are received by the City for the procurer ent of commodities or contractual services, a Bid received from a business, that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie Bids will be followed if none of the tied vendors have a drug-free workplace progTarn. In order to have a drug-free workplace program, a business shall: (1) Publish i statement notifying employees that the untawfal manufacture, distribution, dispensing, possession, or use of a controlled substance is prolubited in the workplace and specifying the action that will betaken against employees for violations of such prohibition. (2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, .any available drug counseling, rehabilitation, and employee assistance progmin8, and the penalties that may be Imposed upon employees for drug abuse violations. (3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in subsection (1), (4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under Bid, the eroployee will abide by the, teats of the statement and will notify the employer of any conviction of, of plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United "States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction, (5) Impose a sanction on, or require the satisfactory participation in, a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted, (6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section,0 111. FIXED AND FrRM PRICING All prices quoted arc fixedand firm throughout the term of the contract. 2.12. 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)/Proposer(s) or his assignee of such occurrence, shall have the unqualified right to terminate the contract without any penalty or expense to the City. No guarantee, warranty or representation is made that any projects) ZD will be awarded to any firm(s), Page 39 of 56 Invitation for Bid (IFB) 615394,3 2,13. EMPLOYEES The employee(s) shall at all thes wear his / her company issued idenflfica€ion badge. Should the Successful Bidder not issue such a form of identification, the employee(s) shall wear an issued badge from the facility being seTviced. The facility may require both a facility badge and a company badge. The Successful Bidder's employee(s), regardless of the nature of the call, shall always identify him / herself to the lobby security, request to speak with the facility.administrator or designee, and sign in and out, 2.14. SUBCONTRACTORS No work shall be performed by subcontractors, 2-15-110LIDAYS Legal Holidays for the City of Miami include the following: 1, New Year's Day I Hat tin Luther King's Birthday* 3. Washington's Birthday* 4, Momorial'Day 5. Fourth of July 6. Labor Day 7. Columbus Day* 8. Veteran's Day* 9. Thanksgiving Day 10. Friday after Thanksgiving Day* 11. Christmas Day "Dates as indicated shall not be considered, legal holidays for Successful Bidder. 2.16. DELAYS The Successful Bidder shall notify the City of any actual or potential delays in any maintenance or repairs. 2.17. FAILURE TO PE RFORM Should it not be possible to reach the Successfal Bidder or Successful Bidders On -Duty 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 Successful. Bidderin default of the contract or make apptopria(e reductions in the contract payi-nent pursuant to Scotion 2. 18, Liquidated Damages, 118. LIQUIDATED D AMACt S Page 40 of 5 6 Invitation for Bid (IFB) 615394,3 Upon failure to perform, as stated in. Section 2,17, or to complete the project in accordance with the specifications and to the satisfaction of the City within the time stated, the Successful Bidder shall be subject to an assessment of liquidated damages in the amount of $500.00 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 noncompletion of the work, The City shall have the right to deduct said liquidated damages from, any amount due or that may become due to the Successful Bidder tinder this agreement or to invoice the Successful Bidder for such damages if the costs incurred exceed the amount due to the Successful Bidder, 2,19. INSURANCE RE, QUIREMENTS INDEMNIFICATION Successful Bidder shall, indemnify, hold / save harmless aad defend at its own costs and expense, the City and its officials, from and against any and all claims, liabilities, losses, and causes of action, which may arise out of Successful Bidder's performance tinder the provisions of the contract, including all acts or omissions to act on the part of Successful Bidder, including any person performing tinder this Contract for or on Successful Bidder's behalf, provided that any such claims, liabilities, losses and causes of such action are not attributable, to the negligence or misconduct of the City and, from and against any orders, judgments or decrees which may be entered and which may result from this Contract, unless attributable to the negligence or misconduct of the City, and from and against all costs, attorneys fees, expenses and liabilities incurred in the defense of any such claim, or the investigation thereof. The Successful Bidder shall furnish to, the City of Miami, c/o Procurement Department, 444 SW 2nd Avenue, 6th Floor, Miami, Florida 33130; Cortificate(s) of Insurance which indicates that insurance coverage has been obtained which meats the requirements outlined below: Commercial General Liability A, Limits of Liability Bodily injury and Property Damage Liability Each Occurrence $2,000,000 General. Aggregate Limit $4,000,000 Product8lCoinpleted Operations $2,000,000 13. Endorsein.Qnts Required City of Miami included as an additional insured -Contingent and Contractual Liability Explosion, Collapse and Utiderground Hazard Primary Insurance. Clause. M Business Automobile Liability A. Limits of Liability Bodily Injury and Property Darnage Liability Combined Single Limit Page 41 of 56 Invitation for Bid (IIB) 61,5394,3 Any Auto Including Hired, Borrowed or Non -Owned Autos Any One Accident $2,000,000 13. Eidorsements Required City of 'Miami included as an additional insured III, Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of Subrogation IV, Employer's Liability A, Limits of Liability $ 1,000,000 for bodily injury caused by an accident, each accident. $ 1,000,000 for bodily injury caused by disease, each employee $ 1,0!00,000 for bodily injury caused by disease, policy limit BINDERS ARE UNACCEPTABLE. 'rho insurance coverage required shall include those classifications, as listed iia standard liability insurance trianu, 68, which most nearly reflect the operations of the Successful Bidden All insurance policies required above shall be issued by companies authorized to do business tinder the laws of the State of Florida, with the following qualificatio= The Company must be rated no less than "A" as to management, and no less than "Class V11 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 verifteation by Risk Managerneiat prior to Insurance approval. Certificates will indicate no modification or change in Insurance shall, be made without thirty (30) days writwn. advance notice to the certificate holder. NOT& CITY BID NUM13ER AND/O�R TITLE OF BIT) MUST APPEAR ON EACH CERTIFICATE, Compliance with the fore 'going requirements shall not relieve the SuccessfuL Bidder oftiis liability and obligation under this section or tinder any other section of this Agreement. The above Policies shall provide the City of Miami with written notice of cancellation or material change from the insurer in accordance to policy provisions. --If insurance certificates are scheduled to expire during the contractual period, the Successful Bidder shall be responsible for submitting now or renewed insarance coi.,tificatos to the City at a minimum of ton (10) calendar days in advance of stiol-L expiration, --in the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the City shall: (4) Suspend the contract until such time as the now or renewed certificates -are received by the City in the inan.ner prescribed in the IFB , (5) The City may, at its sole discretion, terminate Us contract for cause and seek ro-procurement darnages from the Successful Bidder in conjunction with the General and Special Terms and Conditions of the BU Page 42 of 56 Invitation for Bid (MB) 615394,3 The Successful Bidder shall be responsible fear assuring that the insurance certificates required in conjunction with this Section reinaln. in force for the duration of the contractual period; including any and all option terms drat play be granted to the Successful Bidder, 2.20, FACILITY ADN INISTRATOR$ Upon award, Successful Bidder(s) shall report and work directly with the Facility Administrator(i) for each group listed below; Group 1: Police Department, Angel Blanco, (305) 603-6431 Group 2: Fire Department, Ruben Diaz, (305) 416-5408 Group 3: Gerieral Services Administration Department and City Hatt, Netso Garcia, (305) 329-4736 Miami Riverside Center Juan Oves, (305) 416-1465 Solid Waste, Cindy Baez, (305) 960-2803 Group 4: Parks and Recreation Department, Donald Lutton, (305) 960.3004 Department of Real Estate and Asset Management, Andrew Schimmel, (305) 416-[457 2,21. WORKMANSHIP AND MATERIALS All. parts installed and materials used in performance of this contract shall be new and unused (of current design or manufacture), Salvage materials will not be allowed without the express consent of the City. All materials and workmanship shall be of the highest quality and shall conform to all applicable codes and regulations, so as to ensure a safe and functional operation, The City shall be the sole judge as to parts and workmanship, 2.22. LICENSES AND PERMITS The Successful Bidder shall secure, at histher expense, all licenses mind permits and shall fully comply with all applicable laws, regulations and codes as required bay the State of Florida, county, or local agency, The Successful Bidder must fullycomply with all federal and state laws, county and municipal ordinances, and regulations in any inariner affecting the execution of the work. Any fines or penalties to the Successful Bidder shall be paid at the Successful Bidder's expense 2,23. USE OF PREMISE'S Tim Successful Bidder shall confine his/her equipment, apparatus, the storage of materials, and the operation of his/her workmen to the limits indicated bylaw, ordinances, permits, or direction of the pro I oct inanager, and shall J not 11.11TOaSonably encumber the premises with his/her materials. Tire Successful Bidder shall t6ke all measures necessary to protect his/her own materials, 2.24.'13UBLIC CONVENrENCE AND SAFETY Ther Successful. Bidder shall conduct his/her work so as to interfere as, little as possible with private business or Page 43 of 56 Invitation for Bid (IFB) 615394,3 public travel, He/She shall, at his/her 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 he/she shall be liable for all damages occasioned in any way by his/her actions or neglect or that of his/her agents or employees, The Successful Bidder shall meet the following noise abatement performance standards for all construction equipment: Between the hours of 8:00 AM, and 6:00P,M, noise levels shall not exceed 80 dBA at the nearest residential or Commercial property line. Operation of equipment should be avoided, between the hours of 6;00 P.M. and 8:00 A,M., but if required, the noise level shall not exceed 65 dBA. 2.25, SAIKETY MEASURES Successful Bidder shall take all necessary precautions for the safety of employees, and shall, erect and property maintain at all times all necessary safeguards for the protection of the employees and the public. Danger signs warning against hazards created by his/her operation and work in progress must be posted. All employees of Successful Bidder shall be expected to wear safety glasses or goggles, appropriate clothing, and hearing protection when and wherever applicable. The Successful Bidder sliall, use only equipment that is fully oporationolaad in safe operating order, Successful Bidder shall be especially careful when servicing property when pedestrians arid/or vehicles are in. close proximity - work shall ceas e, until itis safe toprocoed. The Successfu I Bidder shall carry out the work with such care and methods as not to result in damage to public or private property adjacent to the work. Should any public or private property be damaged or destroyed, the Successful Bidder, at his/her 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 (late damage was done), 2.26. HOURLY RATE (FOR REPAIRS OUTSIDE THE ROUTINE MAINTENANCE PORTION Or, TRE CONTRACT) The hourly rate quoted shall include full compensation for labor, equipment use, travel time, and any other cost to the Bidder and shall be separate and apart from any routine maintenanceservice. Hourly labor rates are specified as fbttows: Regular 1-fourly Rate - Hourly rate for` repairs, 8;00 A.M,, to 6:00 P.M., five (5) days a week (rate is to include labor and travel, parts are not included). Overtime Rate - Hourly rate for overtime repairs, i.e., between 6:00 P.M. and 8:00 A1.4 Monday through Friday and 24 hours on weekends (rate to include labor and travel, parts not included). Overtime Rate - Hourly rate for overtime repairs during legal holidays (rate to include labor and travel, parts not tp included), 2.217. EMERGENCY SERVICE/CONTACT The Successful Bidder shall provide the City with evening, wookend, and holiday service, as necessary, to Kandla Page 44 of 56 invitation for Bid (IF13) 615394,3 any emergency situation which threatens public health and safety, as, determined by the City, The Successful Bidder shall be krnmediatoly available via a twenty-four (24) 11OUT, seven (7) days per week phone service. A pne—_(D hour on site response drue is .required for all. set -vice calls to evaluate andJor diagnose repairs, to the elevator (s), All service calls must be performed by a Certified Elevator Technician, The Successful Bidder shall ensure, that the administrator or designee has the cell and home telephone numbers of all employees assigned, or who would be called to, the facility, and the designated employees shall be directed to respond to direct calls from the facility administrators, his / her representative, or other designated individual(s). 128. PARTS AT PASS-THROUGH COST (FOR REPAIRS OUTSIDE THE ROUTINE, MAINTENANCE PORTION OF THE CONTRACT) All cost for parts required for repair jobs and not otberwise included in the routine maiatenauce section of the: Specifications shall be billed at the Successful Bidder's actual cost, and will be passed on to the City without imarkup, or any additional fees. Successful Bidder shall submit purchase receipt of parts along with labor invoice for payment, Successful Bidder shall be responsible for sourcing all parts necessary to complete the work requirements of each job specification(s) of this contract. Replacement parts furnished must be of the same manufacturer or art equal 'product. All equipment and materials shall be commercial quality and grade, and be from a regular product line. All parts must be OEM and match model numbers being repaired. 2.29. WARRANTY, FITNE SS FOR P'UUPOSV, The Successful Bidder warrants the inaterials supplied and the wGric performed under this contract conform to warranty materials provided and work performed for one (1) year from date of completion. In addition to all other warranties that may be supplied by the Successful Bidder, the Successful Bidder shall warrant its products and/or service against faulty labor and/or defective material for a minimum period of one (1) year after the date of acceptance of the labor, materials and/or equipment by the City. This warranty requirement shall remain in force for the full one (1) year period, regardless of whether the Successful Bidder is under contract with the City at the time of any defect. Any payment by the City on behalf of the goods or services received from the Successful Bidder does not constitute a waiver of these warranty provisions. The Successful Bidder shall be responsible for promptly correcting any deficiency, at no cost to the City, within five (5) calendar days, after the City notifies the Successful Bidder of such, deficiency in writing. If the Successful Bidder fails to honor the warranty and/or falls to correct or replace the defective work or Ltems within the period specified, the City may, at its discretion, notify the Successful Bidder, in writing, that the Successful Bidder may be debarred as a CityDidder and/or subject to contractual default if the corrections or replacements are not completed to the satisfaction of the City within ten (10.) calendar days of receipt of the notice, If the S-accessfulBidder falls to satisfy the warranty within the period specified. in the notice, the City may (a) place the Successful Bidder In default of its contract, (b) procure the services front another vendor and charge the Successful Bidder for any additional costs that are incurred by the City for this Work or items; either through a credit memorandum or through invoicing, 2.30. FTNAL CLEAN-UP Upon completion of the work and before acceptance and final payment is made, the Successful Bidder shall clean, Page 45 of 56 Invitation for Bid (IFB) 615394,3 remove, and properly dispose of from the premises, all surplus and discarded materials, rubbish, and temporary structures, and shall restore in an acceptable manner all, property, both public and private, which has been damaged during the performance of the work; and shall leave the work in a neat and presentable condition, 2.31. COMPLE TED WORK The City shall be notified by the Successful Bidder upon completion of work. The City shall 41spect arid approve completed work before authorizing payment. Work not satisfactorily completed shall be redone by the Successful Bidder at no' additional charge to the City. 2.32. DOCUMENTATION The Successful Bidder shall leave the facility administrator or designee a copy of the service order and/or other applicable documentation of the visit. This documentation shall reflect, in detail, the work performed and recommendations, If any. In the case of unscheduled visits, the documentation of the same shall be left with the facility liaison or his/her representative, should the liaison not be available. 2.33. INVOICING Invoices submitted or payment by the City shall contain purchase order number; work order number, if appllcabley details of service(s) perforined; number of labor hours for each worker,, hourly rate for each worker; total inan, hours billed; and material/parts furnished and actual cost itemized separate fro-rn the labor rates and number of labor hours. Copies of invoices or other appropriate documentation including available receipts for materials/parts purchased or supplied shall be provided for each job to support their actual costs prior to reimbursement, 'Failure to itemize the aforementioned. will result in the invoice being returned for adherence to the same. Material cost including unit prices shall be listed as separate item(s). Materials, parts or equipment installed shall be invoiced at Successful Bidder's actual cost to include any and all discounts offered by bis/her supplier. Material prices submitted are subject to verification by the City. Failure to submit any required documentation, including property prepared invoices and/or should the City determine the invoice to differ from the actual work performed, the City will not be responsible for payment of such. The City will only be responsible for payment of actual work performed, and upon properly submitted invoices/documentation. 2.34. ADDITIONME LETIO N OF FACILITIES/ITEMS/SUPPLIERS/SERVICL� S Although. this solicitation identifies specific facilities/&uppliors/servico5, it is hereby agreed and understood that any facilities/suppliers/services may be added to, and any awarded facD!ties/sLippliers/sei-vices may be deleted from this contract at the option of the City. When an addition to the contract is required, the Successful Bidder(s) under this contract and other suppliers, as deerned necessary, shall be invited to submit price quotes for these now facilitios/sci-vices. If this quote is comparable with market prices offered for similar facilities/services, the supplier(s) and, facilities shall be added to the contract, if it is in the best interest of the City and an addendum and a separate purchase order or change order shall be issued by the City. 2.35. PRIMARY CLIENT (.F) ST PRIORITY) Page 46 of 56 Invitation for Bid (IFB) 615394,3 The Successful Bidder(s) agree upon award of this contract that the City of Miami shall be its primary client and shall be serviced first during a schedule conflict arising between this contract and any other contract Successful Bidder(s) may have with any other citiesand/or counties to perform similar services as a result of any catastrophic events such as tornadoes, hurricanes, severe storms or any other public emergency Impacting various areas duritig or approximately the same time., 2.36. 'TERMINATION A. FOR DEFAULT If the Successful Biddei, defaults in its performance under this Contract and does not cure the default within 30 days after written notice of default, the City Manager may terminate this Contract, in whole or in part, upon written notice without penalty to the City. In, such event the Successful Bidder shall be liable for damages including the excess cost of procuring similar services., provided that if, (1) it is determined for any reason that the Successful Bidder was. not in default or (2) the Successful Bidder's failure to perform is without his control, fault or negligence, the termination will be deemed to be a termination -for the convenience of the City. & FOR CONVENIENCE The City Manager may terminate this Contract, In whole orin part, upon 30 days prior written notice when it is in the best Interest of the City, If this Contract 15 for supplies, products, equipment, or software, and so terminated for the convenience by the City the Successful Bidder will be compensated in accordance with an agreed upon adjustment of cost, To the extent that this Contract is for services and so terminated, the City will be liable otily for payment in accordance with the payment provisions of the Contract for those services rendered prior to termination, 137. ADDITIONAL TERMS AND CONDITIONS No additional terms and conditions included as part of your solicitation responso shall. be evaluated or considered, and any and all such additional terms and conditions shall have no force or effect and are inapplicable to this solicitation. If submitted either purposely, through intent or design, or Inadvertently, appearing separately in transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed that the General Conditions and Special Conditions in this solicitation are the only conditions applicable to this "solicitation and that the Bidder's authorized signature affixed to the Bidder's, acknowledgment formattests to this. If a Professional Services Agreement (.PSA) ' or other Agreement is provided by the City and is expressly included as part of this solicitation, no additional teiTns or conditions which materially or substantially vary, modify or alter the terms or conditions of the PSA or Agreement, isi the sole opinion and reasonable discretion of the City will be considered. Any and all such additional terms and conditions shall have no force or effect and are inapplicable to this PSA or Agreement. Page 47 of 56 Invitation for Bid (IFB) 015394,3 3, Specifications 3.1, SCOPE OF WORK The Successful Bidder shall furnish full maintenance and repair services, including parts, labor, materials, equipment and supervision for the elevators as listed for each of the facilities as specified herein. The Successful Bidder will be required to perform the routine monthly maintenance at the monthly rate specified, In addition to the routine monthly maintenance service, Successful Bidder shall be required to perforin repair services, as needed, at a separate hourly labor rate as specified in this.IFB, plus materials/pails at pass-through cost. Pricing shall include fall maintenance for all elevators "as is" in its current eon ditio No exceptions will be allowed on any of the elevators listed. A, LOCATIONS AND DWRIPTION OF'EVELVATORS TO BE SERVICED; The following facilities are to be included -tinder, the terms of the Contract. The number and Location.(s) of elevators under Contract may be decreased or increased by the City at any time, in the best interest of the City. Subsequent to award, the Successful Bidder will work directly with the Facility Administrator(s) for purposes of response, inspections, mainteriance, and the provision of all required services, Location Number of Landings Group 1: Police Department, 1. Miami Police Department, North Substation 1000 N.W, 62nd Street Miami, Florida One (1) Passenger Elevator 2 Landings Hydraulic 2, Miami Police, Department, South Substation 2200 West Flagler Street Miami, Florida One (1) Passenger Elevator 2 Landings Hydraulic 3. Miami Police Headquarters 400 NW 2 Avenue Miami, Florida One (1) Passenger Elevator 6 Landings Traction One (1) Passenger Elevator 3 Landings Hydraulic Three (3) One (1) Passenger elevator 5 Landings Each Traction. 4. Miami Police College and Training Center 350 N.W. 2 Avenue Miami, Florida One (1) Pago 48 of 56 Invitation for Bid (IF13) 615394,3 Passenger Elevator 4 Landings Hydraulic One (1) Freight Elevator 5 Landings Hydraulic 5. Law En&reernent Officers Mernofial High School 3 50 N. W. 2 Avenue Miami, Florida One (1) Passenger Elevator 4 Landings.Hydraulic Group 2: Fire Department 1, Miami Fire/Rescuer Training Center 3425 Tefferson Street Miami, Florida One (1) Passenger Elevator 6 Landings Traction 2 Fire Administration/Support Services Building 1151 NX 7th Street Miami, Flo.rlda One (1) Passenger Elevator 3 Landings Hydraulic 3 Fire Station I I 5920 West Flaglor St 2 Landings Hydraulic Miami, Florida Group 3: General Services Administration, City Hall and Solid Waste I . Miami City .Hall Building 3500 Pan American Drive Miami, Florida One (1) Passenger Elevator 2 Landings Hydraulic 2. General Services Administration Building 1390 NX 20th Street Miami, Florida One (1) Passenger Elevator 2 Landings Flydraalio 3, Solid Waste Building 12901 .W. 20th Street Miami, Florida Page 49 of 56 F Invitation for Bid (IFF) fa 15394,3' Orae (1) Passenger Elevator 2 Landings Hydraulic 4. MRC Miami Riverside Center 444 8 W end Avenue 2 Landings Hydraulic Miami, Florida Four (4) Passenger Elevators I O'Landingg Traction One (1) Freight Elevator 10 Landings Traction Garage 3 Landings Nydrauflo Two (2) Passenge,rElevators 7 Landings Traction Group 4: Parks/Recreation Department and Department of Peal Estate and Asset Management 1. Little Haiti Cultural Center 212 NE 59ffi Terrace Miami, Florida 2 Landings Hydraulic One (1) Passenger Elevator 2. 3ose Marti park Gyrn 434 SW 3rd Avenue Miarni, Florida 3 Landings Nydrauflo One (1) PasserigerElevator 3. Black Police Museum 484N W 11th Street Miami, Florida 2 Landings Hydraulic One (1) Passenger Elevator 4. Grapoland Park Baseball Complex 1550 N,W. 37th Ave. Miaral, Florida 2 Landings Hydraulic One (1) Passenger Elevator 5. Little Haiti Soccer, Park 001 N,E, 2 Avenue Miami, Florida 2 Landings Hydraulic One (1) Passenger Elevator 6, Gibson Park — Stadium and Park Gyrunashim (two levators) 1^levators) Page 50 of 56 Invitation for Bid (IFB) 615394,3 401 NW 12 Street Miami, Florida 2 Landings Hydraulic 2 Landings Limited Use/Liralted Access 7. Moore Park- — Stadium and Park Building (two Elevators) 765 NW 36 Street Miami, Florida 2 Landings each Hydraulic 8, Manuel Artime Community Center 970 S.W. Ist Street Mi=!, Florida One (1) Passenger Elevator 9. Manuel Artime Auditorium (Stage) 900 S.W. I st Street Miami, Florida One (1) ADA Handicap Lift 4 Landings Hydraulic I Landing Wheelchair Lift SUCCESSFUL BIDDER SHALL PROVIDE ALL Or THE REQUIRED SERVICES AT ALL LOCATIONS. 3.2. NITNIMUM PYRFORMANCE REO-UlItE MEXTS The following represents the minimuin performance requirements for each facility and each elevator as part of the routine monthly maintenance portion of the contract covered under the monthly rate provided per facility. In regards to covered wortmanship and materials, tests, work repairs and replacements, all the aforementioned shall conform to the American Safety Code as prescribed in the most recent version of the South Florida Building Code. Only genuine manufacturer's parts or equals approved by the Facility Administrator (with written authorization) shall be used in repairing respective elevator units. Items to be covered, but not limited to, are as follows under this section andare appliozible for traction and hydraulic -type elevators on a monthly basis. A. Normal Traction -Type Elevator Coverage to be performed, ata minimum, on a monthly basis. 1) Examine, Clean, Lubricate (Refilling the hydraulic, Tame with Hydraulic Oil, if needed), adjust, repair or replace the following elevator related items: a) Generators b) Machines Page 51 of 56 Invitation for Bid (IFB)'615394,3 c) Motor Driven Components, Solid State or otherwise d) Controllers and Controller Components e) Brakes 0 Hoisting Motors g) Selector Motors h) Worn Gears and Other Gears 1) Bearings j) Rotating Elements 1<) Brake Magnet Coils 1) Brushes and Commutators in) BrAe Shoes, Linings, and Pins n) Windings and Coils o) Contaots.and Relays p) Resistors and Transformers q) Communication devices (i.e, telephone, cab phones etc.) r) Hoist way door restrictors s), Solid State Devices t) Cleaning ofelevator pit 2) In addition, the Successful Bidder shall: a)'Ensuxe guide rails are properly b) Replace guide shoe gibs or rollers when required. c) Re -lamp signals and elevator shafts When required, d) Replace or repair control cables when required. e) Furnish lubricants and examine, lubricate, adjust, repair, or replace the following when required: 1. InterloAs 11, Buffers III, Over speed Governors IV, Car and Counterweight Safety Devices V. Limit, Landing, and Slowdown Switches VI, Alarm Bells/ cab phones f) Conduct an. annual no-load, low -speed test of car and counterweight safeties and buffers. These items to be performed at the end of the contract period. g) Conduct a "fifth year test" within the first thirty (30) days at the start of the contract to :include a complete evaluation of existing elevators and systems, a rated -load, rated -speed safety test, and a test of governors and buffers. h) Monthly examination of hoisang ropo, tension. Wire ropes and fastenings to be replaced as needed. Page 52 of 56 Invitation for Bid (IFB) 615394,3 i) Monthly examine sheaves and associated assemblies and re -groove or replace when required. j) Regularly examine and not less than once during the contract period, lubricate, adjust, repair, or replace the following as required; I. Car and Corridor Operating Stations 11. Car and Corridor Hangers and Tracks 111, Door Operating Devices IV, Door Gibs V. Car Fans VI, Cab phones k) Regularly (but not less than once during the contract period) clean elevator hatch equipment to fficludc 1, Rails It, Inductors 111. Hatch Door Hangers and Tracks IV� Related Devices, Switches, Buffers, and Car Tops VI. Elevator pit 1) Reguhm'ly (but not less than once during the contract period) dismantle brake plunger assembly, examine, replace worn parts, clean, lubricate, reassemble and adjust as required for proper operation, nt) The City understands that the SuccesgAil Bidder is not responsible for the following unless the Successftil Bidder Is directly responsible for the damage of same during routine or non4outine servicing, L Hoist way panels, doorr hinges, frames, gates, and sills I.I. Cabs and- Cab Flooring 111. Cab 'Doors, Gates, and Removable Cab Panok IV, Cab Mirrors and Handrails V, Power Switches, Fuses, and Feeders to Controllers VI, Cab Light Fixtures and Lamps Vlf, Cover Plates (Signal, Fixtares/Operathag, Stations) VIII. Smoke Detectors IX Cleaning of Cab Interior and Exposed Silts, Note: Excepting when technician's work involved servicing components/hardware in the cab. X Emergency Power Generators XL Intercom/Music Systems XILFIVAC Systems n) Successfid Bidder shall perform a mininturn of one (1) inspection per mouth at each facility, and Inspect all elevators as part of the Successful Bidder's Preventative Maintenance Service and in accordance with all Contract requirements. Successful Bidder shall be required to meet with the Facilfty Administrator, or his/her designated facility representative, at that location to inform Iiiin/her of the work to be performed. Aller per brining the work, Successful Bidder shall present a signed statement to the City representative reflecting the date, of the visit and listing all of the specific work performed that date(s), Successful Bidder Administrator or designee must sign form and receive a copy of the form. Successful Bidder shall not be paid unless Successful Bidder provides proof, at least on a monthly basis, of allwork performQd in accordance with specifications. This signed statement, which may be Page 53 of56 Invitation for Bid (IFB) 6 153 94,3 provided by the Successful Bidder or City but is approved by the Facility Administrator, must accompany each invoice provided by Successful Bidder for payment by the City to ensure Contract compliance. o) Successful Bidder shall examine monthly all safety devices and governors, and shall make at least one Annual Safety Test B. Normal Non -Traction -Typo Elevator Coverage to be performed, at a minimum, on a monthly basis: In addition to the specified preventative maintenance service such as inspections lubrication, adjustment and cleaning, the parts listed below shall be repaired and/or replaced as conditions warrant and on an as needed basis, at the Successful Bidder's cost. Successful Bidder shall be advised that this hist is not limited to, and/or inclusive of, all items to be covered unless specifically cited in the section listed below under "items not included," All other parts, materials, and other iterns to ensure elevators are safe and in good working order at all the sites cited herein shall be -fully covered under this Contract. 1) Machines, worms, gears, thrust bearings., drive sheaves, (ffive sheaf shaft bearings, brake, pulley(s), brake colls, contacts, linings, and component parts, .2.) Motors and motor generators, motor windings, rotating elements, communicators, brushes, brush holder and bearing(s). 3) Pumps, pump motors, operating valve motors, love -ling valves, plunger packings, exposed piping, hydraulic flush tanks, 4) Controllers, selectors and dispatching equipment, relays, solid state components, transducers, resistors, condensers, power amplifiers, transformers, contacts, leads, dish pots, timing devices, computers and microcomputer devices, steel selector tapers, and mechanical and electrical driving equipment, lamps, signals, and position indicating. equipment. 5) 64overnor, governor sheaves nad shaft assemblies, bearings, contacts and governor jaws, deflectors or secondary sheaves, bearings, air and counterweight buffers car and counterweight guide rails, top and bottom limit switches, governor tension sheaves assemblies, compensating, sheave assemblies, counterweight and counterweight guide shoos including rollers or gibs, 6) Hoist way door interlocks and hangers, bottom door guides and auxiliary door closing devices, 7) Door operators, car door hangers, car door contacts, door protective devices, load weighting equipment, car frames, car safety mechanisms, car gWdo shoos, including gibs or rollers and hoist way door restrictors, 8) All wire ropes, hoisting ropes, re -socket, ropers for drum machines, conductor cables, hoist way and machine room elevator wiring. 9) Furnish lubricants and hydraulic system oil re -lamp as required, conduct pressure rellef valve tests (as reqwred by A.N.S,I. A-1 71 code), car fan, hatch equipment, piston seal/hoist, 10) Resistance for operating and motor circuit magnet frames and other mechanical or hydraulic parts, and all other accessories necessary to Insure safe, smooth, quiet operations, 3.3. ITEMS NOT INCLUDED IN ROUTINE MONTHLY MAINTENANCE' SE RVJCrlS SPECIFICATIONS A) Cab Mirrors and handrails B) Emergency power generators C) Hoistina gates, D) Door ftan-tes and sills. F) Smoke detectors, 0) Interior or music system H) Door panels, I) Afr conditioners or heaters, Page 54 of 56 invitation for Bid (IFB) 615394,3 E) Wall panels, J) Hanging ceiling, 3A EMERGENCY SERVICE Services provided by the Successful Bidder shall include Emergency (Bmakdown) Call Dark Services, 24 hours per day, seven (7) days a week, holidays included, in order to make necessary repairs and/or adjQStnients in order to restore full service. Response time shall be in accordance with Section 3.9, Repair Services, Emergency Services shall include but not limitedto response to any type of di8ropairs, entrapment, slipping or dropping of elevator, whether considered an emergency or not, which renders the elevator unusable or unsafe, including any safety deficiencies and/or other deficiencies noted by the Facility Administrator(s), a Building and Zoning elevator Inspector(s), Fire/Rescue Department or other City official or agent thereof. 3.5 ADDITIONAL INSPECTIONS SERVICES REQUIRED Sixty (60) days prior to the initial three year expiration date of this contract and again sixty (60) days prior to each year end of the Option To Renew periods, a physical inspection shall be made of each elevator at each location by a representative of the, City accompanied by a representative ofthe Successful Bidder. Any and all deficiencies noted shall, be coi,.reeted by the Successful Bidder prior to the expiration date, and confirmed by the City. Should the Successful Bidder fail to perform corrections pursuant to noted deficiencies or any and all. current 61c vator code regulations, the City reserves the right to either withhold final monthly payment(s) for the services, or procure another Successful Bidder to perform, the needed work and deduct this cost from the final payments (last 2 months). The City may further deem the Successful Bidder to be in violation of the Contract, and may be in default of the same as a result. 3,6 Rt VORTINGREQUIREMENTS Successful Bidder shall forward to the Facility Administrator copies of all inspection and/or work order reports for each facility no later than five (5) working days following the respective aotion(s) taken on a monthly basis, 3.7 PARTS Per Section 2.2 8, Parts - Pass Through Cost, all materials and parts required outside of routine maintenance by the City shall be provided by the Successful Bidder and shall beat the Successful Bidder's actual cost and evidence of Successful Bidder's cost shall be required, 3.8 RE PAIR SERVICES OUTSIDE OF ROUTINE MAINTENANCE To be performed as needed and as authorized by the Facility Administrator a. Repairs shall be porformod at the hourly rate specified on the Bid Form, The hourly rate specified shall include fall compan.qation for labor, equipment use, and travel time. Materials/parts required for repair jabs and not otherwise included fii the routine maintenance section of the Specifications shall be billed at the Successful Bidder's actual cost. Page 55 of 56 invitation for Bid (IFB) 615394,3 b, Response time for repair jobs will be two (2) hours for non -emergency services and one (1) hour for emergency services. Failure by the Successful Bidder to adhere to these response time requirements will place that Successful Bidder in default of 'contract c. Repair services shall be available to the City twenty-four (24) hours a day, seven (7) days,a week, year rouad. Regular hours shall be from Monday to Friday between 8:00 a.m. and 60 pm. Overtime hours shall, be between 6 p,m, and 8 am. weekdays and 24 hours on Saturday, Sunday and Legal Holidays. d., Repairs shall not be performed unless expressly authorized by the Facility Administrator, e, The City reserves the right to seek cost estimates (quotes) from the Successful Bidder prior to the performance of any repair work. Quotes will be provided at no additional cost to the City, All invoices for repairs shall itemize the cost of labor, materials/harts, including the hourly rate, number of work hours required to complete work, and Successful Bidder's actual cost for materials/parts. Page 56 of 56 ANNIE PEREZ, CPPO Dimetdrof Frocurer"rient ti n%Referenae.,w Desoto Park Condo association Client Oontmt ner6en Gloria Janes iientAddross; —751,Three islands Bo ulevarc Hallandale Beach, FL 33009 OIlent Phone, .- Client Fax; hent rtaall . de c., tmarkscuath ahoa,com DANIEL J. At FONSO City Manager RE.r PAST PPRFORMANCE EVALUATION OUCSTIO l l icor f averick .United Elevator To' hem it May, oncorn, The Oity of M(arill has Issued InvttaWn for Bid (IFB) t1,6394 for Ei vator WMtenance and Repair ONICO$- Qtywtde and 'lavas implemented :a process for the oolleotl'an of past performance Information pursearit to the Bldder Minimum Qualifications for the .sarrae, The Inforrraatlart prr�vide�l ,shall asslst the: City with tho evaluation of bid received in response to said lPa,. The above listed cornpsny is .a prgsa )eotive respondont to "ltre it 's JF5 process and dpsidsnti edl you as a ellortt for said services, and ane el `the- IFS's rogulred r.af renoss cloth, tete City, and the listed company respectfully recirraest that you review all.Items and answer all cluostioris as completely as possible, Ater coniplotion of the ue tlonnalre, pisalse raturh this quostiortnalre to the attention. of Eduardo falcon, l rr�otarr na rtt oratraotlra Manager, Evia prnafi or rVia. -fax atj3 j. 400.000 by. Tuesdpyat 'WnkVi'Var ,Ktnkt07fuanaoo for uid ypur tlrtld, q`Ffcart; nrtid assisfarina with this matter, inmroly, fe l'orez, OPPO Director of Procurement Attac rrieft AP:ef CC, did F06 RECEIVED 01/10/2017 le:26PM 964-456-0138 p�2 Eduardo I Falcon Procurement ContraoUng Managor C, I I' y of Mleml Department of Procurement 444 &M 20d Avenue, P Floor Miami, Modda 33130 PA$T P ERFC RMANCE EVALUATION QUEVIONNAIRE Invitation for Old (IM) el 6304 foe,15 evztor Maintenance and Aspalr Services - 01tywIds company Name: d,:, Company contact Person, C!i lo r -S Carnpony P honw, TIL ac CQMPany E -Mail. 1, Oescribe the serviocis thls firm has proytded or currently provides to your organlz0on. wU_Iv V'1 2.BLrjanej�nd Lalrrlarvj�,os I .DL _tA Qs described 10 th dached Scope of, Work? L—jos —No When were the services provided and for what period of lima? L 3. What problems, R any, wore encountered with this -firm durint the performance of their services, and how mere the probloms resolved? (Please attach a separate -sheet should more space be needed) RECEIVED 01/10/2017 10:2GPM P'l 4, Based on the rating scale below please assigns number to the cluntlons as they pertaln to the services provided by the proposer toya'wir organizatlom Ratlnqs: 'I= Excellent; 2 = Orood; 3 =Aoceptable; 4= Poor; 6 =Not Acceptable Item akitu Von' rformance tREviiu'atod dho oatIoNscope of wort, terms and oond-itlws alis I ' MM Handliit — of com laints/no a to Emer2srloles And/or itlreetives Level of comfort end confidence you had In the company through the contracted paod OveraIll performance, of the ugittheqoqtrt clpedod 6, WouId this company be considered to perform work In the luture for your organization? 'Yes Are there any overall Comments that we should also know about or which would assist us during this evaluation process? Rat8es Name, lgnstumre;A�K��" �t�.,.'F�,, pete:.�...�. ,�,. ` � ,�'° Please complete and retvrn Oil,- questionnalrej to the attonflon of Eduardo J. Fatooft, Procurommt Contracting Momper, Ma ernall at c aHcart rraB Yat cau.carra or via fax at (305) 4004,300 by IrUeSd4y, September% 20,16 at '140 PM. Thai* you In w1vance forall yourfto, effbr� and asafs1anre vvith Us matter, Al" NIL PEREZ, CiPPO 'DAWLIALFONSO Director of vrocurmant City Manger CllentRofororioo: -UtLe--H �LqngArtivifle$ g _&NItition Centers of Dade county, Inc. cliont Contact Person, Betty Ruano Client AdOrasi, 700 SW tip Street MaH, FL 33130 Gfle,rit Phone; (305)858-0887 ext, 12-T4. ... ........ .. -11'.. aientFax,— (305)857-0328 CllentEmall'.- Bruanoi@lhano.org PER PAST PERFORMANCE EVALUATION QUESTIONNAM ForMaYerick United levator LLC, To W'nOrnr tt May Concem, The it ' DfMaN has Issued Invitation fbrBld Elevator Maintenance and Repair Servs Citywide and lias Implementedo process: fbr the collection, at post perlbimance jilforillitiori pursuant to the SidderMnImurn for the soma. The information provided shall assist the City. wftii AM evaluation of bids recelved 41 response to said, f Fj3, Tho -above 1!8tod corer party .is It prospective rospondent to the City's IFS . process and has identified you as a client for said services, and ogre ofthe 11PS's roquiredreforonces, goth, �fho City, and the- Itsted company mpe.0tUly requost that you reVlew all Iterno"and answer all qu6iWohs as completely aspo8slble-' After eomplation of the please return this qL1e$t1OnnalirO to the: -Attention of Mardo, fpjmn, Ofalcono'MiaL Procuroment Oontmating Manager, vlo: emall at nj_CtoV"C'Oq1 r_ Via f,5X at, (806) 4004300 by Tueqday,Sppto . 0, ,�01�6ot vc M Tban'k you in advotim f6t olJ yow '060 time, o, and assEkwyoe with this mattof. We Perez, OPPO DlreQtor of Procurement Attachment AP;oF Cc%: Md FRO Eduardo J. Falcon Cy of Miarnt DbpaoMeht Of PrbCurarnent 44 SX-, Til' Avon ue, W, floor MarC Florldo M20 PA$T PC-'RFOAMANCeF.V1ALUATION OUIRVIONNAlU J"VjtatIOn,for :Bjd (IFB) 61643 for V-1syMor Maintentrio(i and kop',Ir SOMOOS - CRYWIdo Co"any Name-, 1—ittleHavana ASti"Vities, tNutrition Centetg.of 0';xdP company Pilo-ne, 3W$58--087 4 Obmpoy Maverkkglavator has erfomied elevator, MairltehAMe 6 years. LHANC ahotqntr Mverfelk E WyAor tomondetnize in, dleva tot ALHAN O.s min acted,wlt a ' site. 2HaS MMIrM provided for your urganlzaflonk.-Igyalgolgioto antg andbgp ark -g -described In the iattoched Scope of Work? When vvere.the servloes providod.and for wh,t p6tiod of time? L as Mtta2gted Wt1i sfqrl��e1g gor Ll repairs nL ---Djai— for its main site, As a result of out satidactioll widi thOr servies-, we contracted Nvith them LO perform maiatci�ance and repairs .at alwthok one flour site4, We ahticlpgtie to cofttijaue to hife them far Additional niaku,,aance andrepain a& new sites �Li�n, 3, Whtm wablems, if any,qvpro encountorod: with fhN;f1rm Oorjnc ttie 1perfamwnoe of their cervices, and how were the. probleois tesolvedl (Please'attaoi a supwate,shwa q'should more space be hieadadl) Tb g4wc —ou aj qk&.q y t rLfog� orn'�th o �� (i oy, — g-QUAjp� 4, Baud on axiumber W.the,qu6ption.sw thqyperta6n t4 the ,sor*es provIdod the proposartoyour organization. Acdloolmblo, 4 #! Puof;,S­-MtAm6puibla. Wotal� this 00M pany be p(lorm WOR Ift t �XYep Np the Arth,Op>,pny oVeroll stioutO also- know pbout-or WhIchwoOd m."L t QrS� dIjrlrIg'thI�' evatucmon promo Rttet"s Tlff: idliordo J. Falconi Proauto 00 ht 00.Iruflng MamAger, y1jenial t 6i�foo�dr# T a.. [On -Stp Ot, ANNIEPERF Z, CPPO 01rector of Pro%renient Client Reference* Client contact Parson: Client Phone, Client Fax: Client EmMi 'IVA k' 60kA RE, PAST PERFORMANCE EVALUATION QU597JONNAIRE for To Whom it May Concern, DANIEL J. ALFONSO Citymaflager 'The CRy of Miami has 188LIed Invitation for Bid (IFS) 615394 for Ele"i tar Wntenonco and Repair St)rvlce&- Citywide iRnd has Implemented s process for the oollootlon of past perforMonco Inforrhatlon pursuant to the Wder Wnfrnuffi Qualifications for the ,carne, The Information provided shall as8l8t'the City villa the evaluation of Wds received in response to said IFB. The above Mstod Comparly Is 8 prospe6tiva,rospondentio, the Clty',s 1P13 process and has ldenflfled you as a ollent for said services, and one of the iFB'a reqWrad ro%roncas. Soi:4, the Clty, end the listed company respectfully request that you review all Items and answer all questions as corripistely as possible. After oompletion of the questionnaire, please returrl thla quostjorinalre to the attej)fjon of Eduardo falcon, Proturoynotit Contracting Manager, vla orneil at efolcona. J i i ovc rd a 'A govkc or via fox at ($05) 400-6300 by Toosday, September 6, 2016 gat 3,00 PM. Thank you In advance for 21f your time, erfort, and ssilstance, with this Inattor, Dfrectorref Procuroment Attarjlrnent. AP:ot CQ: Wd ['1W Eduardo J, Faloon Prccurernant con traotinp Manager My of Karel Department of Procurement 444 SX 211d Avenue, & Floor Miami, Floddel 331,14 PASS" PERFORMANCE VALUATION QUESTIONNAIRE (twit tlo for BFd (iI ISS 51Iy3� far lavat�r �lntonono and epalr� Services . 0tyw1do Company Name: �-I' � � e ���..�, V _ � t CompanyPhone: t Person-, Cerrpany rt��pY.�t�op: .�.,,.�. P c ��� � t l 66 && Alt 1, Describe the services this.rrn has provided or currently provides to your 2. Has this'firin provided for your ercdanizatiora jOr Ma t)tgnanc grjd &,L,- r; eq as described In the attached Scope of Work? ,,.Yes _ No '+khan %are ttae services presided and for What period cf't mel —tL —.,5 —11c, 5 . What problems, If any, were encountered with this firm �dudng the faerfermoce of thalr-servlees, and how were the probferns resoa ved? (Please ttach a separate sheet should mare spew be needed) 4, $ased on tho rating scale below please assign a number to the questions as they pertain to the s ervIcss, provided by the proposer to your organiz-oiflon, Ratings,. q = Excellent; 2 : Good; - Accept&e� 4 = Poor, 6 -blot Acceptable Evaluated.1tem Rati 0 rformance tion/scope of Work, term o and co nd Mon 8 la, ormance Timely response t0,E__m2Mengips andlor Directives amp any'sfo_llabll lty__ _7L Level of cornfort and confidence you lied In the company through the contracted P dod Dverall performance of the cc mp hir"o- hthe contraoted pArlqd 6. WoQId this company be considered to perform work In the future for your organizatlon? K Yes No Aro thea any ov8ral) Comments that wo, shouldoNo know about or which would assist us during this evaWatlon process? U�OAA_. AARAAL��,i,,�,J 17e, 49�1 I � I Rater's Name: Moi_,r6 Title' Date,_ Ploase complete and return this qLtettlonnalre to the attontlon of Eduardo'J.'rolcon, Procur rent Contracting Managor, vin email at efal don OpIallf(gov,r om or via fax at (30 ) 400., 6390 by Tuesday, Soptember 0, 2016 at MO W. Thank you In edvurice for aH yotrtlrno, effort, and a-WoUince with this matter, STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION q =BUREAU OF ELEVATOR SAFETY NORTH .°. ORTHWOOr CENTRE TALLAHASSEE FL 32399-1013 ALVAREZ, DAVID 10539.NW 122ND STREET MEDLEY FL 33178 Congratulationsi With this Ilcense you become one of the nearly one mliiion. Florldlans licensed by the Department of business and professional Regulation, Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to lrnprove the way we do business In order to serve you better. For information about our services, please log onto www,nnfiarldalicon so.com. There you can find more information about our divisions and the regulations that impact yyou, subscribe to department newsletters and learn more about the Department's Initiatives. Our mission at the Department Is: License Eftentiy, Regulate Fairly. We constantly strive to servo you better so that you can serve your customers, Thank you for doing business in Florida, and congratulations on your new license!. #B9.53Z,StJ eT�". r '. i"[1,277 , -1 2, 08�d g21�M� � 71a27�C1�4�Q��p2��� � tyG��924y Z�� � �t � ! 3. eL.Lu 4L'SS. ,L .Lr vC".C+�L'I ,iJ:L1+W i''3.VR iq MA. Aid'4w'��..w+,amrc'F'+y'd�,,ypgy'gw ,,ryry yy.yyy�,,+,!,,r,r. ""��..,�.. �/!!,,y�. ,,,1y y�.ya} ``g,'"�p //�1yy'�'F ��^11 ^"�$'+"'�,A�A 4t" �1,r OM1 4'&.i4L1ui .-'�+di:..A 4w .L 4J�ry' sL C Jy'':')TJ tLEbrl '{ f �f" f' • n ✓' a�dF, w Ex]piratxondate: DEC, 20.x. ' r � R UIR ED,,- "O " C�SRR" O B C C) T R, ar Y 1st l f� ,t ALVAR TAIDAI ;WI� / �CLE . A g Y 12242 d COOPER CITY' LAtuE FL 33330 i 10 ,A0 01=r)i 1 0C: n'k;4 I A4 1 .. , 850-487-1395 ON SEQ#L12120500020 WON- TRANSFERABLE N-TR NSFERABL STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION BUREAU OF ELEVATOR SAFETY 0-47-19 1940 NORTH MONROE STREET NORTHWOOD CENTRE TALLAHASSEE FL 32399-1913 MAVERICK UNITED ELEVATOR 14539 NW 122 STREET MEDLEY FL 33178 Congratulationsl Wth this license you become one of the nearly one milimon Florldian,s licensed by the Department of Business and Professional Regulation. Our professlc,nais and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. Every day We work to irnprove the way we do buslness in order to serve you better. For information about our serAces, piease tog unto www,niyfloridalicense.com. `here you can find more in?1orrnation about our divisions and the regulations that impact you, subscribe to department newslatters and learn more about the Department's initiatives. Our mission at the Department is: License Efficlently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Floridan and congratulations on your new lcensel ELC61.4 DETACH HERE STATE*CF FLCRlDA 0EPARTM Qi* U S I N E S S A N D PRCF� t � , ULATiON i I� � 1,2/13/201 K C P, C TCf ww , VEREQ F:AL9IABM°I�_p ��t�f7.ri;rrtl�P.thi.�isr.�uq°sbali:s,at:c.h,3ss Vis, RICK SCOTT, GOVERNOR IGEN LAWSON, SECRETARY STATE OF FLORIDA DEP,AI TMENT OF BUSINESS AND PRO FESS iONALw REG L.ATION BUR,EAi CSF-EL,EVATOIk SAPET ELCSt4 The ELEVATOR: C WPANY Narned 0.eiew IS REGI aTERwED" Under the provisions a'i Cha5ter.399, ;S, a E piratieh aa* CEC 31.; 2016", RE? tJiI ECS Tt CA.iR,RI` OR BE �RAL LIA,SILET`Y iN; i Z' r r ` NON - m " S b �, TRANSF1sRA15I.E , ` . , '� MAVER'ICI UNIT C EL.Ev '106.39 4tlr �� r"vzD' av n.c Rpni iiRFn OXY I A"4f'tl SF=Q L1512130=001 DEPARTMeNT-OF USINESS• AICD � O,,P SSIONAL; - Wr`" , OI N v r 1N01, 0TN pWl°wµ}w- 940KTH ' RO'E 6 ,P-fd. 1 112V bL ° u dy arttfalai 1h l,�r� aaaara �� a a one r d libri 4 '�: t �tatR 46,andf ID prb ra srbb bs � . 241 Evar Clay w& 3o serve ow better, For 10,0r �DUp ppr:�gr a�� ����� � 10 anto WWWA frim Irr caro atl.on abotly oVdvWons End Out i'I issioh; t o e trims` n dFI�J �•r ;{� 09U101ti�` 1fi1'r vY Y a Xd ti# 6� "'�i"a�Yt,y'O MI sortie your CPS Om ria � ���a� �a� ��r. ��.�a �r ire irr 16r°1; , 1 R4bk kirli�a�" lig dS�'i ttida,r%�lbR rr a,sr aapm F NAI .{ �.. 'I -K NATO 18,0MICIA 7prt$ira1°. �� C3G .x,1+(4 AL fl, �} t... y-«N:J 6`� �� �t , '�"'�x"i��"n��� ��.��� ��ri�. T ���� �' �,�'"�^�w9 ��Y�� "��' O�R�� � r!�g��a���S�`�r.� w � �• ." � �� �a � - ISSUSU 1911=016 0:18 L: Y A8 Rf-",(JUIIRED BY LNI Saow I~ms4moaobow STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION -487-13- BUREAU OF ELEVATOR SAFETY 850 . . . . . . . 1940 NORTH MONROE STREET NORTHWOOD CENTRE TALLAHASSEE FL 32399-1013 ALVAREZ, DAVID 10639 NW 122 ST MEDLEY FL 33178 N Gongratulationsl With this license you become one of the nearly one milflon Florldiana licensed by the Department of Business and Professional Regulation, Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong, Every day we work to Improve the way we do business in order to serve you better, For Information about our services,, please log onto www,rnyfloridallconse.corn, There YOU can find more information about our divisions and the regulations that 1rnp4,ct you, subscribe to department newsletters and learn more about the Department's initiatives. our mission at the Department is: License Efficiently, Regulate Fairly,, We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new licensel RICK SCOTT, GOVERNOR I CC2412 I The CERTIFIED ELEVATOR,T5GHNIC,IAN Named"belovv1S"CERTirIED Underthy,-prove ibna cif Cly " FS Expltatioh-d6te- -DEC`31"2`01',6 R E.0i I 'Ei D' TO CARRY CR 'BL GEN .ERALE.IA18I,LITY- ALVARE."Z,"DNVID— L Y.- -a8 I- ,M� 5' - STATE OF FLORIDA -1 DEPARTMENT,QF BUSINESS AND PRO ULATION =412 9/1612014 4 X B4° CE AL V��RED "NICE '6 g D ln sew Awe REQGIRE .(S C,E'k' T � F11 E. 0 .urd6r th 6 iir6V'ibrI6ns of Ch 395 FS, E*r�gd�dat® CE.C' 31; 268: KEN LAWSON, SECRETARY !]NESS AND PROFESSIONAL REGULATION ALL. ELEVATOR -SAFETY , ti NON TRANSFERABLE, U 76V z N 1')PqPJ AV A(Q F pot upk =n Pv i ANAI Qr-rR 41 $ 1 A nrO �AAPnnAA