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Home My WebLink AboutBack-Up DocumentsII►ILa Z410122Lyaill 1aIli Lei zf_\►1Bill IT11 TO: Emilio T. Gonzalez, Ph.D City Manager FROM: Annie Perez, CPPD, Director i' Department of Procurement WAHMMMUMI DATE: July 18, 2018 FILE: SUBJECT: Recommendation of Award for Electrical Maintenance and Repair Services at Police Facilities REFERENCES: Invitation for Bid ("IFB") No. 881382 ENCLOSURES: Bid Tabulation Based on the findings below, the Department of Procurement ("Procurement") hereby recommends award of IFB No. 881382 to R & D Electric, Inc., the lowest responsive and responsible bidder, for the provision of electrical maintenance and repair services at Police facilities, including emergency on call services. The awarded vendor, contract terms, and amount are shown below. IFB No./Title: IFB No.881382, Electrical Maintenance and Repair Services at Police Facilities Contract Amount: Regular labor rate for plumbing maintenance and repair services, Monday — Friday, 8:00 am — 5:00 pm, $44.99 per hour. Overtime labor rate for plumbing repair services, Monday — Friday, 5:00 pm — 8:00 am, weekends and legal holidays, $66.99 per hour. Contract Term: Initial term for a period of three (3) years, with the option to renew for two (2) additional one (1) year period Recommended Vendor: R & D Electric, Inc. On June 8, 2018, Procurement issued IFB No. 881382, Electrical Maintenance and Repair Services at Police Facilities, under full and open competition. On July 10, 2018, at bid closing two (2) bids were received. The bids were evaluated and tabulated. Consequently, approval of this recommendation to award is requested. Your signature below will indicate approval of this ecommendatio . Approved: A///W Date: °u E j/T. 6onzAlez, Ph.D., City Manager c: Sandra Bridgeman, CPA, Assistant City Manager, Chief Financial Officer Jorge Colina, Chief of Police Yadissa Calderon, CPPB, Assistant Director, Procurement TABULATION OF BIDS IFB NO. 881382 - Electrical Maintenance and Repair Services at Police Facilities R & D Electric, Inc. Benson Electric, Inc. Item Est. Unit Extended Unit Extended No: Description UOM: Q� Price: Amount: Price: Amount: Regular Labor Rate for 1 Electrical Maintenance Hour 1 and Repair Services, Monday - Friday, 8:00am - 5:00pm Overtime Labor Rate for Electrical Repair Services, Monday - 2 Friday, Hour 1 5:00pm - 8:00am, Weekends and Legal Holidays Prepared by : Teresa Soto 07/13/2018 $44.99 °" $ 44.99 $ 85.00 $66.99 $ 66.99 $ 127.50 $ 85.00 $ 127.50 f Approval: Department Director/Designee Detail by Entity Name 0 r9 - [jqp3,I It of Stain / Divtsi.:)n of;- , 'rp �.�Iqns I Search Records / Search ��,Ejlt Mame / -2Lfg_— ___ �".Y Page I of 2 http://search.sunbiz.org/lnquiry/CorporationSearchISearchResultDetail?inquirytype=Entity... 7/13/2018 Detail by Entity Name Annual Reports Report Year Filed Date 2016 05/31/2016 2017 05/09/2017 2018 01/15/2018 Document Image 5 -0 1.3 - A.IJNUAi R RT Vie,.,j image in I -CF fI-71at 20!----.ANNUAi- RT - - ------------ -3,EEMI - - J in View image PCF- format 1 :'2 -.16 - - A N N Q,.5L R E P 1) R T F View image in PDF format qII12;2015 ANNUAL P= View mage in PDF format 14 ANNUAL REPC -------- ---- --- 1-1 1-- --� 31�1 I Vieev image in PDF format I 0113 AN NNUAL REPk--- , RIF I \,iew rnage in FT I �formlt AHIjl�-M rPPIIRTI L'4�_,L3�20 12 --. 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RT View image in PDF format E A NPiUAL RPQRT, --- win View ap in PI -IF for mat B _ERD _-- I vie"v irnage in PCF format ANNUAL REPCIRT --------- ---- -- —1 view imago in FDF 7tornat ANNUAL REPORT I View image in PGF format 2 N AN JAL R E P )F, . ....... .... . .. ............. 3L _T I View image in PDF format 9 i , Ov 0 3 - - A � 1 P - i t 'A L R E P R T View imago in PDF format P 2CX4 -- NUALF-POR �T �)3;21AIN ----- - --------------- L. --.- I qn Vewagem PDF format---- REE2K I View image in PDF format Domestic ---- ------- 1-- - --.- I View image in PDF format Page 2 of 2 http://search.sunbiz.org/lnquiry/CorporationSearchIScarchResultDetail?inquirytype=Entity... 7/13/2018 City of Miami Procurement Department Miami Riverside Center Number: Title: Issue Date/Time: Closing Date/Time: Pre-Bid/Pre-Proposal Conference: Pre-Bid/Pre-Proposal Date/Time: Pre-Bid/Pre-Proposal Location: Deadline for Request for Clarification: Contracting Officer: Hard Copy Submittal Location: Contracting Officer E -Mail Address: Contracting Officer Facsimile: 444 SW 2nd Avenue, 6th Floor Miami, Florida 33130 Web Site Address: www,miarnigov.com/procUrement 881382 IFB for Electrical Maintenance and Repair Services at Police Facilities 08 -JUN -2018 10-JUL-2018 * 13:00:00 None Tuesday, June 19, 2018 at 4:00 PM Soto, Teresa City of Miami - City Clerk 3500 Pan American Drive Miami FL 33133 US TSoto@miamigov.com (305)400-5024 Page 1 of 40 Certification Statement Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and retain a copy for your files. Prices should include all costs, including transportation to destination. The City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a minimum of 180 days following the time set for closing of the submissions. In the event of errors in extension of totals, the unit prices shall govern in detennining the quoted prices. We (I) certify that we have read your solicitation, completed the necessary documents, and propose to furnish and deliver, F.O.B. DESTINATION, the items or services specified herein. The undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations, or debarred or suspended as set in section 18-107 or Ordinance No. 12271. All exceptions to this submission have been documented in the section below (refer to paragraph and section). EXCEPTIONS: We (I) certify that any and all infonnation contained in this submission is true; and we (I) further certify that this submission is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and conditions of this solicitation and certify that I am authorized to sign this submission for the submitter. Please print the following and sign your name: PROPOSER NAME: R & D Electric, Inc. ADDRESS: 7447 NW 48 ST Miami FI 33166 PHONE: 305 403 7841 FAX: 305 403 7842 EMAIL: SIGNED BY: Rafael Echa Optional): TITLE: President DATE: 6/19/2018 FAILURE TO COMPLETE, SIGN. AND RETURN THIS FORM SHALL DISQUALIFY THIS RESPONSE, Page 2 of 40 Certifications Legal Name of Finn: R & D Electric, Inc Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Corporation Year Established: 2002 Office Location: City of Miami, Miami -Dade County, or Other Miami Dade County Business Tax Receipt/Occupational License Number: 5654661 Business Tax Receipt/Occupational License Issuing Agency: Miami Dade County Business Tax Receipt/Occupational License Expiration Date: Sept 30, 2018 Will Subcontractor(s) be used? (Yes or No) No If subcontractor(s) will 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(s) must be submitted with your bid response): n/a Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (i.e. Addendum No. 1, 7/1/07). If no addendum/addenda was/were issued, please insert N/A. none If Bidder has a Local Office, as defined under Chapter 18/Articlle III, Section 18-73 of the City Code, has Bidder filled out, notarized, and included with its bid response the "City of Miami Local Office Certification" fonn? YES OR NO? (The City of Miami Local Office Certification form is located in the Oracle Sourcing system ("iSupplier"), under the Header/Notes and Attachments Section of this solicitation) n/a Reference No. 1: Name of Company/Agency for which bidder is currently providing the services/goods Page 3 of 40 ' as described in this solicitation, or has provided such services/goods in the past: City of Miami Beach. Property Management Division (Police , Fire , Parks, Marine Patrol, Court, City Hall) Reference No. 1: Address, City, State, and Zip for above reference company/agency listed: 1833 Bay Dr, Miami Beach, FI 33139 Reference No. 1: Naive of Contact Person and Telephone Number for above reference no. 1 Adrian Morales, Director, 786 620 6978 Jorge Alessandri, Police Dept 305 283 5915 Reference No. 1: Date of Contract or Sale for above reference no. 1 from 2014 to present Reference No. 2: Name of Company/Agency for which bidder is currently providing the services/goods as described in this solicitation, or has provided such services/goods in the past: Miami Dade County Department of Transportation Reference No. 2: Address, City, State, and Zip for above reference company/agency listed: 7100 NW 36 ST Miami FI 33166 Reference No. 2: Name of Contact Person and Telephone Number for above reference no. 2 Julio Navarro, Contract Manager, 786 527 5708 Reference No. 2: Date of Contract or Sale for above reference no. 2 since 2013 to present Reference No. 3: Name of Company/Agency for which bidder is currently providing the services/goods as described in this solicitation, or has provided such services/goods in the past: Miami Dade County Department of Transportation - Traffic Signals and Signs division Reference No. 3: Address, City, State, and Zip for above reference company/agency listed: 7100 NW 36 St Miami FI 33166 Reference No. 3: Name of Contact Person and Telephone Number for above reference no. 3 Oscar Rubio, Division Manager, 786 493 6458 Reference No. 3: Date of Contract or Sale for above reference no. 3 contract 20160233 from Nov 2017 to May 2019 Page 4 of 40 Line: 1 Description: Regular Labor Rate for Electrical Maintenance and Repair Services, Monday - Friday, 8:00 AM - 5:00 PM., Pursuant to Section 3.1, Specifications/Scope of Work Herein. Category: 96196-40 Unit of Measure: Hour Unit Price: $ 44.99 Number of Units: 1 Total: $ 44.99 Line: 2 Description: Overtime Labor Rate for Electrical Repair Services, Monday - Friday, 5:00 PM - 8:00 AM, Weekends, and Legal Holiday, Pursuant to Section 3.1, Specifications/Scope of Work Herein. Category: 96196-40 Unit of Measure: Hour Unit Price: $ 66.99 Number of Units: 1 Total: $ 66.99 Page 5 of 40 . . . . . . . . . . . . . . . . . . . . . . . . .... .. . .. 7447 NW 48 Street Miami, Florida 33166 305.403.7841 Office 305.403.7842 Fax www. RDE1bctr1c1qc.coon ECY 3001534 lFB for Electrical Maintenance and Repair Services at police Facilities 881382 R & D ELECTRIC, INC 7447 NW 48 STREET MIAMI, FLORIDA 33166 305 403 7841 PHONE 305 403 7842 FAX FEIN 61-1428335 RAFAEL ECHARRI RAFAEL@RDELECTRICINC.COM I � i WWWRZIMKI - --w EXECUTIVE SUMMARY 3 EXPERIENCE/ QUALIFICATIONS 5 STAFFING PLAN 6 LOCAL PREFERENCE 7 7447 NW 48 Street Miami, Florida 33166 305. 403.7841 Office 305.403,7842 Fax www.RDE1ectHc1nc.cotn EC13001534 To Whom It May Concern: R & D Electric, Inc. is an electrical engineering and contracting firm licensed to do work in the state of Florida. R & D Electric, Inc. is a local business. R&D Electric, Inc. provides a full range of electrical services including, but limited to: street lighting, traffic signals, highway signs, residential and commercial construction, engineering design, fire alarm, security systems, and power generators installation and maintenance. Legal Name: R & D Electric, Inc. Business Address: 7330 NW 12 Street, Suite 203 Miami, Florida 33126 (305) 403-7841 (305) 403-7842 Fax www.RDElectricinc.com Contacts: Rafael Echarri, Electrical Engineer, Electrical Contractor (305) 303-6450 Mobile Rafael@RDElectricinc.com Daniel Echarri, Electrical Engineer, Electrical Contractor (305) 300-5354 Mobile Daniel@ RDElectriclnc.com Guillermo Echarri, Professional Engineer (305) 403-7841 Guillermo@RDElectricinc.com Business Hours: Monday through Saturday from 7:00 AM to 5:OOPM Evenings and Sundays as needed Night shift for lighting patrolling and emergency situations Business Status: S Corporation Incorporated on September 25th, 2002 in the state of Florida. Our People R & D Electric maintains a staff of highly trained professional, electricians and technicians with comprehensive knowledge of the lighting system in Miami. Most of our employees are residents of the City of Miami. Our Goal 7447 NW 48 Street Miami, Florida 33168 305. 403.784f Office 365.403.7842 Fax www.RDElectricfnc.com EC13601534 Safety is our primary focus in providing quality safety to our customers. We at R & D Electric work hard to maintain our reputation for no -hassle reliability. We continually strive to be your performance driven partner for safe, reliable delivery of service. What makes us different to our competitor? • We are the only company in south Florida that is owned and operated by electrical engineers. • We cut no corners and the work is done only once simply because it is done the right way. • Even though we meet the requirement of this contract for experience R & D Electric is a fairly new company. We have been in business for 10 plus years and have never been in the public spot light. • Our business is to light up our city. If you have any further questions on regards of all this information please feel free to contact us at 305- 403-7841. Respectfully, Mr. Rafael Echarri President R & D Electric, Inc. "....lam, 77 NW 48 Street Miami, Florida 3316 ELECTRICAL ENGINEERS 305. 403.784,1 Office ELECTRICAL CONTRACT OR 3a5.4ca3. 7842 Fax Electric, i n r, www. RDEiectric6'c.com EC13001534 EXPERIENCE / QUALIFICATIONS R & D Electric, Inc. is an electrical contracting firm owned and operated by electrical engineers. The founders and owners Rafael and Daniel Echarri are both certified electrical contractors licensed to do work in the state of Florida. R & D Electric, Inc. provides professional service and delivers high-quality work with an efficient, well- trained, and skilled workforce. Primary Qualifying Agent: Rafael Echarri State certified electrical contractor License Number EC 13001534 Electrical Engineer Engineer Intern # 1100008405 Secondary Qualifying Agent: Daniel Echarri State certified electrical contractor License Number EC 13002941 Electrical Engineer Engineer Intern # 1100008074 Designer: Guillermo Echarri Electrical Engineer/ Professional Engineer License Number PE 56773 R & D Electric currently employs 28 full time employees. R & D Electric is a prequalified contractor with the Florida department of transportation. R & D Electric is certified as a small business enterprise with Miami Dade County and as a local business firm with the Miami Dade Express Way authority (MDX). We have the resources, equipment, and trained personnel to deliver performance based electrical installation and maintenance and to respond to all emergency situations as specified by this contract. We are equipped and staffed to accommodate the following activities: • Commercial electrical installations, maintenance, and service calls. • Lighting service and installations. • Proactive roadway/ parking lighting maintenance. • Fire alarms installations, monitoring and service. • Underground cable locating and repair. • Directional drilling (up to 12" diameter) • Drilled shaft installation (up to 50 ft deep) • Cranes - 14 tons and 30 tons. • Bucket trucks — 42ft and 55 ft • Augers — 9 inches to 66 inches • Trenchers • Service Vans • Mini -Excavators • Backhoe • Directional Boring Equipment • Dump trucks, trailers AHUMINCUUT L1 Administration and Management 7447 NW .43 Street Miami, Florida 33166 305 403.7341 Office 305.40.7.7842 Fax www.RDEiectricinc.com EC13001r34 Rafael Echarri - Electrical Engineer and State Certified Electrical Contractor. President and primary qualifying agent for R & D Electric. 18 year experience in electrical construction. Responsible for administration, field operations, safety and training, customer communications, quality assurance. Daniel Echarri - Electrical Engineer and State Certified Electrical Contractor. Vice -President 18 year experience in electrical construction. Responsible for daily communication and coordinating work schedule and all activities with the City representative of this project. Plans, schedules, and assigns work to crews, monitors and coordinate between day crews and night crews, conduct field audit inspection. The following are the key personnel who will be assigned to this project: Rafael Echarri as Project administrator Daniel Echarri as Project superintendent Eddy Menendez as Project manager Angel Luis as Foreman Administration and Management Rafael Echarri - Electrical Engineer and State Certified Electrical Contractor. President and primary qualifying agent for R & D Electric. 23 year experience in electrical construction. Responsible for administration, field operations, safety and training, customer communications, quality assurance. Daniel Echarri - Electrical Engineer and State Certified Electrical Contractor. Vice -President 7447 NW 48 Street Miami, Florida 33156 3495 4493.7841 Office 305.403.7842 Fax www.RDElectriclnc.com EC13001 534 23 year experience in electrical construction. Responsible for daily communication and coordinating work schedule and all activities with the City representative of this project. Plans, schedules, and assigns work to crews, monitors and coordinate between day crews and night crews, conduct field audit inspection. LOCAL PREFERENCE R & D Electric holds a local business certification for the Miami Dade Expressway Authority. The certificate number is 11-01-1127-2. R & D Electric is a Miami Dade County Community Small Business Enterprise firm. The certificate number is 11757 and its expiration date is April 2019. R & D Electric is a certified as a Disadvantage Business Enterprise with the State of Florida. The certificate expiration date is April 2019 R & D Electric is a Miami Dade County Small Business Enterprise firm. The certificate number is 11756 and its expiration date is April 2019. R & D Electric is a FDOT prequalified company. 002310 Local Business Tai Receipt Miami—Dade County, State of Florida -THIS IS NOT A BILL = DO NOT PAY 5654661 BUSINESS NAMEMOCATION RECEIPT NO. EXPIRES R & D ELECTRIC INC HEiVEWAIL SEPTEMBER 30, 2018 7447 NW 48 ST 5309299 Must be displayed at place of business MIAMI FL 33166 Pursuant to County Code Chapter BA - Art. 9 & 10 OWNER SEC. TYPE OF BUSINESS PAYMENT RECEIVED R & D ELECTRIC INC 196 ELECTRICAL CONTRACTOR BY TAX COLLECTOR C/O RAFAEL_ECHARRI_PRES - EC13D04534k2-_ Wnrker(s) 1 $75.00 08/10/2017 CHECK21-17-076002 This Local Business Tax Receipt only confirms payment of the Local Business Tax. The Receipt is not a license, permit, or a certification of the holder's qualifications, to do business. Holder must comply with any governmental or nongovernmental regulatory laws and requirements which apply to the business. The RECEIPT N0. above must be displayed on all commercial vehicles - Miami -Dade Code Sec Ba -276. For more information, visit www,miamioqdq&ovJim ol ec qT FF. STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ELECTRICAL R STONE ROgp RS LICENSING BOARD ..M. �° 2601 TALLAHASSEE FL 32399-0783 ECHARRI, RAFAEL R & D ELECTRIC INC 7447 NW 48 ST MIAMI FL 33166 Congratulations! With this license you become one of the nearly one m1111on Floridians 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.myfforidalicense.com. There you can find more information about our divisions and the regulations that impact 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 license! RICK SCOTT, GOVERNOR dCENSE,NUMB_ER (850) 487-1395 STATE OF FLORIDA >a � DEPARTMENT OF BUSINESS AND PROFESSIONAL.REGULATION EC 13001534 SUED: 08/29/2016 CERTIFIED ELEC,,,TRI,--- NTRACTOR ECHARRI, RAFAEL' .: R & D ELECTRIG INC f IS CERTIFIED under the pfovisions of Ch.489 FS Expiration date AUG 31, 2018 L1608290002369 DETACH HERE KEN LAWSON, SECRETARY STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ELECTRICAL CONTRACTORS LICENSING BOARD SEQ # L1608290002369 0 --Tr Ell COUNTY. . miamidade.gov April 3, 2013 Mr. Rafael Echarri R & D ELECTRIC, INC. 7330 NW 12th St, Suite 203 Miami, FL 33126-0000 Dear Mr. Echarri: Regulatory and Economic Resources Department 111 NW 1 Street, 19th Floor Miami, Florida 33128 T305-375-3111 F305-375-3160 CERT. NO: 11757 Approval Date: 04/02/2013 - CSBE Level 2 Expiration Date: 04/30/2016 Miami Dade County Small Development (SBD) under Business Affairs, a division of the Department of Regulatory and Economic Resources (RER) has completed the review of your application and attachments submitted for certification. Your firm is officially certified as a Small Business Enterprise (SBE) in accordance with section 10-33-02 of the Code of Miami Dade County. This certificatlon is valid for three years provided that you submit a "Continuing Eligibility Affidavit" on or before your anniversary date of April 2, 2014 and there are no changes in your firm pertinent to your certification eligibility. The submittal of a "Continuing Eligibility Affidavit" annually with specific supporting documents on or before your Anniversary Date is required to maintain the three year certification. You will be notified of this responsibility in advance of the Anniversary Date. Failure to comply with the said responsibilities may result in immediate action to decertify the firm. Pursuant to the applicable section of the code as listed above, 'once your firm has been decertified, your firm shall not be eligible to re -apply for certification for twelve (12) months from the time of the decertification." If, at any time, there is a material change in the firm, including, but not limited to, ownership, officers, Director, scope of work being performed, daily operations, affiliations with other business or physical location of the firm, you must notify this office, in writing, within (30) days. Notification should include supporting documentation. You will receive timely instructions from this office as to how you should proceed, if necessary. Your company is certified in the categories as listed below affording you the opportunity to bid and participate on contracts with goals, Please note that the categories listed are very general and are used only to assist our customers in searching the directory for certified firms to meet contract goals. The directory for all certified firms can be accessed on the Miami Dade County RER website http://www. miamida de.gov/business/business-certification-programs.asp. Th�?rejly, or doing business with Miami Dade Country. Sin lsalleri , Director iness Opportunity Support Services Business Development Division Regulatory and Economic Resources Department (RER) CATEGORIES: (Your firm may bid or participate on contracts only under these categories) ELECTRICAL (CSBE) HIGHWAY, STREET, AND BRIDGE CONSTRUCTION (CSBE) ELECTRICAL CONTRACTORS AND OTHER WIRING INSTALLATION CONTRACTORS (CSBE) c: Adriana Coba, Certification Specialist Veronica Clark, RER, SBD DUUR0020 v201 JO303 H1 MM—DEY 1()iT h miamidade.gov July 07, 2017 Mr. Rafael Echarri R & D ELECTRIC., INC. 7447 NW 48th St Miami, FL 33166-0000 Dear Mr. Echarri: Internal Services Department Small Business Development 111 NW 1 Street, 19th Floor Miami, Florida 33128 T 305-375-3111 F 305-375-3160 CERT NO: 11757 Approval Date: 4/30/2016 - sBEIcoNS LEVEL 2 Expiration Date: 4/30/2019 Miami -Dade County Small Business Development (SBD), a division of the Internal Services Department (ISD) has completed the review of your application and attachments submitted for certification. Your firm is officially certified as a Miami -Dade County Small Business Enterprise Construction Services (SBE/CONS) in accordance with section 10-33.02 of the code of Miami -Dade County. This (SBE/CONS) certification is valid for three years provided that you submit a "Continuing Eligibility Affidavit" on or before your anniversary date ofA rt 3M for the first and second year of the three year period. The affidavit must indicate any changes or no changes in your firm pertinent to your certification eligibility. The submittal of a "Continuing Eligibility Affidavit" annually with specific supporting documents on or before your Anniversary Date is required to maintain the three year certification. You will be notified of this responsibility in advance of the Anniversary Date. Failure to comply with the said responsibilities may result in immediate action to decertify the firm. If at any time there is a material change in the firm including, but not limited to, ownership, officers, director, scope of work being performed, daily operations, affiliation(s) with other businesses or the physical location of the firm, you must notify this office in writing within (30) days. Notification should include supporting documentation. You will receive timely instructions from this office as to how you should proceed, if necessary. This letter will be the only approval notification issued for the duration of your firm's three years certification. If the firm attains graduation or becomes ineligible during the three ear certification period. you will be properly notified following_ an administrative process that your firm's certification has been removed pursuant to the code. Your company is certified in the categories as listed below affording you the opportunity to bid and participate on contracts with Small Business Enterprise measures. Please note that the categories listed are very general and are used only to assist our customers in searching the directory for certified firms to meet contract goals. You can find the firm's up-to-date certification profile as well as all other certified firms on the Miami -Dade County Internal Services Department, Small Business Development Certified Firms' Directory at the website http://www.mIamidade.gov/smaIlbusiness/certification-proaranos.asp. It is strongly recommended that you register your firm as a vendor with Miami -Dade County. To register, you may visit: http://www.mi m'da e,goy/procurement/vendor-registration asp. Thank you for your interest in doing business with Miami -Dade County, Sincerely, 4,i4;6 ciious Thompson, SBD Section Chief Small Business Development Division S8090020_Lv20170502 Procurement Department Miami Riverside Center 444 SW 2nd Avenue, 6th Floor Miami, Florida 33130 Web Site Address: wNw.miamigov.com/procuremen Number: 881382 Title: IFB for Electrical Maintenance and Repair Services at Police Facilities Issue Date/Time: 08 -JUN -2018 Closing Date/Time: 10-JUL-2018 * 13:00:00 Pre-Bid/Pre-Proposal Conference: None Pre-Bid/Pre-Proposal Date/Time: Pre-Bid/Pre-Proposal Location: Deadline for Request for Clarification: Contracting Officer: Hard Copy Submittal Location: Contracting Officer E -Mail Address: Contracting Officer Facsimile: Tuesday, June 19, 2018 at 4:00 PM Soto, Teresa City of Miami - City Clerk 3500 Pan American Drive Miami FL 33133 US TSoto@miamigov.com (305)400-5024 Page 1 of 40 Certification Statement Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and retain a copy for your files. Prices should include all costs, including transportation to destination. The City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a minimum of 180 days following the time set for closing of the submissions. In the event of errors in extension of totals, the unit prices shall govern in detennining the quoted prices. We (I) certify that we have read your solicitation, completed the necessary documents, and propose to furnish and deliver, F.O.S. DESTINATION, the items or services specified herein. The undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations, or debarred or suspended as set in section 18-107 or Ordinance No. 12271. All exceptions to this submission have been documented in the section below (refer to paragraph and section). EXCEPTIONS: We (I) certify that any and all information contained in this submission is true; and we (I) further certify that this submission is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and conditions of this solicitation and certify that I am authorized to sign this submission for the submitter. Please print the following and sign your name: PROPOSER NAME: ADDRESS: PHONE: EMAIL: SIGNED BY: TITLE: FAX: CELL(Optional): DATE: FAILURE TO COMPLETE, SIGN. AND RETURN THIS FORM SHALL DISQUALIFY THIS RESPONSE. Page 2 of 40 Certifications Legal Name of Firm: Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Year Established: Office Location: City of Miami, Miami -Dade County, or Other Business Tax Receipt/Occupational License Number: Business Tax Receipt/Occupational License Issuing Agency: Business Tax Receipt/Occupational License Expiration Date: Will Subcontractor(s) be used? (Yes or No) If subcontractor(s) will 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(s) must be submitted with your bid response): Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (i.e. Addendum No. 1, 7/l/07). If no addendum/addenda was/were issued, please insert N/A. If Bidder has a Local Office, as defined under Chapter 18/Articlle III, Section 18-73 of the City Code, has Bidder filled out, notarized, and included with its bid response the "City of Miami Local Office Certification" form? YES OR NO? (The City of Miami Local Office Certification form is located in the Oracle Sourcing system ("iSupplier"), under the Header/Notes and Attachments Section of this solicitation) Reference No. 1: Name of Company/Agency for which bidder is currently providing the services/goods Page 3 of 40 as described in this solicitation, or has provided such services/goods in the past: Reference No. 1: Address, City, State, and Zip for above reference company/agency listed: Reference No. 1: Name of Contact Person and Telephone Number for above reference no. 1 Reference No. 1: Date of Contract or Sale for above reference no. 1 Reference No. 2: Naive of Company/Agency for which bidder is currently providing the services/goods as described in this solicitation, or has provided such services/goods in the past: Reference No. 2: Address, City, State, and Zip for above reference company/agency listed: Reference No. 2: Name of Contact Person and Telephone Number for above reference no. 2 Reference No. 2: Date of Contract or Sale for above reference no. 2 Reference No. 3: Name of Company/Agency for which bidder is currently providing the services/goods as described in this solicitation, or has provided such services/goods in the past: Reference No. 3: Address, City, State, and Zip for above reference company/agency listed: Reference No. 3: Name of Contact Person and Telephone Number for above reference no. 3 Reference No. 3: Date of Contract or Sale for above reference no. 3 Page 4 of 40 Line: 1 Description: Regular Labor Rate for Electrical Maintenance and Repair Services, Monday - Friday, 8:00 AM - 5:00 PAI, Pursuant to Section 3.1, Specifications/Scope of Work Herein. Category: 96196-40 Unit of Measure: Hour Unit Price: $ Number of Units: 1 Total: $ Line: 2 Description: Overtime Labor Rate for Electrical Repair Services, Monday - Friday, 5:00 PM - 8:00 AM, Weekends, and Legal Holiday, Pursuant to Section 3.1, Specifications/Scope of Work Herein. Category: 96196-40 Unit of Measure: Hour Unit Price: $ Number of Units: 1 Total: $ Page 5 of 40 881382 Table of Contents Termsand Conditions......................................................................................................................................................8 1. General Conditions............................................................................................................................................8 1.1. GENERAL TERMS AND CONDITIONS.............................................................................................8 2. Special Conditions...........................................................................................................................................28 2.1. PURPOSE.............................................................................................................................................28 2.2. GENERAL REQUIREMENTS............................................................................................................28 2.3. TERM OF CONTRACT.......................................................................................................................28 2.4. PRE-BID/PRE-PROPOSAL CONFERENCE......................................................................................28 2.5. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION..........................................................................................................28 2.6. METHOD OF AWARD.......................................................................................................................29 2.7. BIDDER'S MINIMUM QUALIFICATION REQUIREMENTS.........................................................29 2.8. TIE BIDS..............................................................................................................................................29 2.9. INSURANCE REQUIREMENTS........................................................................................................29 2.10. CITY OF MIAMI LIVING WAGE ORDINANCE...........................................................................32 2.11. HOURLY RATE.................................................................................................................................32 2.12. OVERTIME........................................................................................................................................32 2.13. BACKGROUND CHECK..................................................................................................................33 2.14. EMPLOYEES.....................................................................................................................................33 2.15. LICENSES AND PERMITS...............................................................................................................33 2.16. PROJECT MANAGER.......................................................................................................................33 2.17. PARTS AT PASS-THROUGH COST...............................................................................................34 2.18. WARRANTY, FITNESS FOR PURPOSE.........................................................................................34 2.19. EMERGENCY SERVICE/CONTACT..............................................................................................34 2.20. SUPERVISORY MEETINGS/CONTACTS......................................................................................35 2.21. NON -APPROPRIATION OF FUNDS...............................................................................................35 2.22. FAILURE TO PERFORM..................................................................................................................35 2.23. CITY OCCUPANCY..........................................................................................................................35 2.24. USE OF PREMISES...........................................................................................................................35 2.25. SAFETY PRECAUTIONS.................................................................................................................36 2.26. SAFETY MEASURE.........................................................................................................................36 2.27. PUBLIC SAFETY..............................................................................................................................36 2.28. DAMAGES TO PUBLIC/PRIVATE PROPERTY............................................................................36 2.29. QUALITY OF WORK........................................................................................................................37 2.30. DOCUMENTATION..........................................................................................................................37 2.31. INVOICING........................................................................................................................................37 2.32. DELAYS.............................................................................................................................................37 2.33. FINAL CLEAN-UP............................................................................................................................37 2.34. ACCEPTANCE OF WORK...............................................................................................................38 2.35. ADDITIONS/DELETIONS OF FACILITIES...................................................................................38 2.36. PRIMARY CLIENT (FIRST PRIORITY).........................................................................................38 2.37. TERMINATION.................................................................................................................................38 2.38. ADDITIONAL TERMS AND CONDITIONS..................................................................................39 3. Specifications...................................................................................................................................................40 Page 6 of 40 881382 3. 1. SPECIFICATIONS/SCOPE OF WORK.40 .............................................................................................. Page 7 of 40 881382 Terms and Conditions 1. General Conditions 1.1. GENERAL TERMS AND CONDITIONS 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 Miami Procurement Code and/or Florida Law, as amended. Formal Solicitation and Solicitation shall be defined in the same manner herein. I.I. ACCEPTANCE OF GOODS OR EQUIPMENT - Any good(s) or equipment delivered under this formal solicitation, if applicable, shall 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. ACCEPTANCE 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 shall be deemed accepted upon issuance by the City of a purchase order. 1.3. ACCEPTANCE/REJECTION — The City reserves the right to accept or reject any or all responses or parts 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 properly perform under the terms and conditions of a contract, to deliver on time contracts of a similar nature, and who is not in a position to perform 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/proposer's responsibility to ensure receipt of all Addenda. Addenda are available at the City's website at: http://www.ci.miami.fl.us/procurement 1.5. ALTERNATE RESPONSES 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 right, title or interest herein, without City of Miami's prior written consent. 1.7. ATTORNEY'S FEES - In connection with any litigation, mediation and arbitration arising out of this Contract, each party shall bear their own attorney's fees through and including appellate litigation and any post -judgment proceedings. 1.8. AUDIT RIGHTS AND RECORDS RETENTION - The Successful Bidder/Proposer agrees to provide access at all reasonable times to the City, or to any of its duly authorized representatives, to any books, documents, papers, and records of Contractor which are directly pertinent to this formal solicitation, for the purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder/Proposer shall maintain and retain any and all of Page 8 of 40 881382 the books, documents, papers and records pertinent to the Contract for three (3) years after the City makes final payment and all other pending matters are closed. Contractor's failure to or refusal to comply with this condition shall result in the immediate cancellation of this contract by the City. 1.9. AVAILABILITY OF CONTRACT STATE-WIDE - Any Governmental, not-for-profit or quasi -governmental entity in the State of Florida, may avail itself of this contract and purchase any and all goods/services, specified herein from the successful bidder(s)/proposer(s) at the contract price(s) established herein, when permissible by federal, state, and local laws, rules, and regulations. Each Governmental, not-for-profit or quasi -governmental entity which uses this formal solicitation and resulting bid contract or agreement will establish its own contract/agreement, place its own orders, issue its own purchase orders, be invoiced there from and make its own payments, determine shipping terms and issue its own exemption certificates as required by the successful bidder(s)/proposer(s). 1.10. AWARD OF CONTRACT: A. The Formal Solicitation, Bidder's/Proposer's response, any addenda issued, and the purchase order shall constitute the entire contract, unless modified in accordance with any ensuing contract/agreement, amendment or addenda. B. 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 may 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 if 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 he Bidder's/Proposer's Response and may accept the Response from the next lowest responsive, responsible Bider or Proposal most advantageous to the City or re -solicit the City's requirements. The City, at its sole discretion, may 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/Proposer's default. D. The term of the contract shall be specified in one of three documents which shall be 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 contract tern in order to provide City departments with continual service and supplies while a new contract is being solicited, evaluated, and/or awarded. If the right is exercised, the City shall notify the Bidder/Proposer, 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 Bidder/Proposer are in mutual agreement of such extensions. F. Where the contract involves a single shipment of goods to the City, the contract term shall conclude upon completion of the expressed or implied warranty periods. G. The City reserves the right to award the contract on a split -order, lump sum or individual -item basis, or such combination as shall best serve the interests of the City unless otherwise specified. H. A Contract/Agreement may be awarded to the Bidder/Proposer by the City Commission based upon the minimum qualification requirements reflected herein. As a result of a RFP, RFQ, or RFLI, 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 9 of 40 881382 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. RESPONSE FORM (HARDCOPY FORMAT) - All fonns should be completed, signed and submitted accordingly. 1.13. BID SECURITY FORFEITED LIQUIDATED DAMAGES - Failure to execute an Agreement and/or file an acceptable Performance Bond, when required, as provided herein, shall be just cause for the annulment of the award and the forfeiture of the Bid Security to the City, which forfeiture shall be considered, not as a penalty, but in mitigation of damages 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 NAMES - If and wherever in the specifications brand names, makes, models, names of any manufacturers, trade names, or bidder/proposer catalog numbers are specified, it is for the purpose of establishing the type, function, minimum standard of design, efficiency, grade or quality of goods only. When the City does not wish to rule out other competitors' brands or makes, the phrase "OR EQUAL" is added. When bidding/proposing an approved equal, Bidders/Proposers will submit, with their response, complete sets of necessary data (factory information sheets, specifications, brochures, etc.) in order for the City to evaluate and determine the equality of the item(s) bid/proposed. The City shall be the sole 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 furnished after formal solicitation opening/closing 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 made. 1.15. CANCELLATION - The City reserves the right to cancel all formal solicitations before its opening/closing. In the event of bid/proposal cancellation, the Director of Purchasing shall notify all prospective bidders/proposers and make available a written explanation for the cancellation. 1.16. CAPITAL EXPENDITURES - Contractor understands that any capital expenditures that the firm makes, or prepares to make, in order to deliver/perforin the goods/services required by the City, is a business risk which the contractor must assume. The City will not be obligated to reimburse amortized or unamortized 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 for, or responsible to, the Bidder/Proposer/Consultant, any sub-contractor/sub-consultant, or to any other person for, or on account of, any stoppages or delay in the work herein provided for by injunction or other legal or equitable proceedings or on account of any delay for any cause over which the City has no control. 1.18. COLLUSION—Bidder/Proposer, by submitting a response, certifies that its response is made without previous understanding, agreement or connection either with any person, firm or corporation submitting a response Page 10 of 40 881382 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 collusion may have occurred. 1.19. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS - Contractor understands that contracts between private entities and local governments are subject to certain laws and regulations, including laws pertaining 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 age with regard to, but not limited to, the following: employment practices, rate of pay or other compensation methods, and training selection. B. Occupational, Safety and Health Act (OSHA), as applicable to this Formal Solicitation. C. The State of Florida Statutes, Section 287.133(3)(A) on Public Entity Crimes. D. Environment Protection Agency (EPA), as applicable to this Formal Solicitation. E. Uniform Commercial Code (Florida Statutes, Chapter 672). F. Americans with Disabilities Act of 1990, as amended. G. National Institute of Occupational Safety Hazards (NIOSH), as applicable to this Formal Solicitation. H. National Forest Products Association (NFPA), as applicable to this Formal Solicitation. I. City Procurement Ordinance City Code Section 18, Article II1. J. Conflict of Interest, City Code Section 2-611;61. K. Cone of Silence, City Code Section 18-74. L. The Florida Statutes Sections 218.73 and 218.74 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 tennination 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 of Miami Code, a "Cone of Silence" is imposed upon each RFP, RFQ, RFLI, or IFB after advertisement and terminates at the time the City Manager issues a written recommendation to the Miami City Commission. The Cone of Silence shall be applicable only to Contracts for the provision of goods and services and public works or improvements for amounts greater than $200,000. The Cone of Silence prohibits any communication regarding RFPs, RFQs, RFLI or IFBs (bids) between, among others: Potential vendors, service providers, bidders, lobbyists or consultants and the City's professional staff including, but not limited to, the City Manager and the City Manager's staff, the Mayor, City Commissioners, or their respective staffs and any member of the respective selection/evaluation committee. The provision does not apply to, among other communications: Page 11 of 40 881382 oral communications with the City purchasing staff, provided the communication is limited strictly to matters of process or procedure already contained in the formal solicitation document; the provisions of the Cone of Silence do not apply to oral communications at duly noticed site visits/inspections, pre -proposal or pre-bid conferences, oral presentations before selection/evaluation committees, contract negotiations during any duly noticed public meeting, or public presentations made to the Miami City Commission during a duly noticed public meeting; or communications in writing or by email at any time with any City employee, official or member of the City Commission unless specifically prohibited by the applicable RFP, RFQ, RFLI or 1FB (bid) documents (See Section 2.2. of the Special Conditions); or communications in connection with the collection of industry comments or the performance of market research regarding a particular RFP, RFQ, RFLI 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. The 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 Office of the City Clerk. In addition to any other penalties provided by law, violation of the Cone 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 a 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 Silence. Please review City of Miami Code Section 18-74 for a complete and thorough description of the Cone of Silence. You may contact the City Clerk 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/Agreement contains a confidentiality provision, it shall have no application when disclosure is required by Florida law or upon court order. 1.22. CONFLICT OF INTEREST — Bidders/Proposers, by responding to this Fon-nal Solicitation, certify that to the best of their knowledge or belief, no elected/appointed official or employee of the City of Miami is financially interested, directly or indirectly, in the purchase of goods/services specified in this Formal Solicitation. Any such interests on the part of the Bidder/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 duties, to secure a special privilege, benefit, or exemption for himself/herself/itself, or others. Bidder/Proposer may not disclose or use information not available to members of the general public and gained by reason of his/her/its position, except for information relating exclusively to governmental practices, for his/her/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/it has not contracted or transacted any business with the City or any person or agency acting for the City, and has not appeared in representation of any third party before any board, commission or agency of the City within the past two years. Bidder/Proposer further warrants that he/she/it is not related, specifically the spouse, son, daughter, parent, brother or sister, to: (i) any member of the commission; (ii) the mayor; (iii) any city employee; or (iv) any member of any board or agency of the City. C. A violation of this section may subject the Bidder/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 12 of 40 881382 Additionally, violations may be considered by and subject to action by the Miami -Dade County Commission on Ethics. 1.23. COPYRIGHT OR PATENT RIGHTS — Bidders/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 BIDDER/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 i dder(s)/Proposer(s). 1.25. DEBARMENT 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 City Manager, after consultation with the Chief Procurement Officer and the city attorney, shall have the authority to debar a Contractual Party, for the causes listed below, from consideration for award of city Contracts. The debarment shall be for a period of not fewer than three years. The City Manager shall also have the authority to suspend a Contractual Party from consideration for award of city Contracts if there is probable cause for debarment, pending the debarment determination. The authority to debar 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 for commission of a criminal offense incident to obtaining or attempting to obtain a public or private Contract or subcontract, or incident to the performance of such Contract or subcontract. (2) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty. (3) Conviction under state or federal antitrust statutes arising out of the submission of Bids or Proposals. (4) Violation of Contract provisions, which is regarded by the Chief Procurement Officer to be indicative of nonresponsibility. Such violation may include failure without good cause to perform in accordance with the terms and conditions of a Contract or to perform within the time limits provided in a Contract, provided that failure to perform caused by acts beyond the control of a party shall not be considered a basis for debarment or suspension. (5) Debarment or suspension of the Contractual Party by any federal, state or other governmental entity. (6) False certification pursuant to paragraph (c) below. (7) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which the violation remains noncompliant. (8) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which a civil penalty or fine is due and owing to the city. (9) Any other cause judged by the City Manager to be so serious and compelling as to affect the Page 13 of 40 1.13[13M responsibility of the Contractual Party performing city Contracts. (c) Certification. All Contracts for goods and services, sales, and leases by the city shall contain a certification that neither the Contractual Party nor any of its principal owners or personnel have been convicted of any of the violations set forth above or debarred or suspended as set forth in paragraph (b)(5). (d) Debarment and suspension decisions. Subject to the provisions of paragraph (a), the City Manager shall render a written decision stating the reasons for the debarment or suspension. A copy of the decision shall be provided promptly to the Contractual Party, along with a notice of said party's right to seek judicial relief. 1.26. DEBARRED/SUSPENDED VENDORS —An entity or affiliate who has been placed on the State of Florida debarred or suspended vendor list may not submit a response 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. DEFAULT/FAILURE TO PERFORM - The City shall be the sole judge of nonperformance, which shall include any failure on the part of the successful Bidder/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 successful Bidder/Proposer 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 holidays excluded) to remedy the default. Failure on the contractor's part to correct the default within the required three (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 the termination. The following shall constitute default: A. Failure to perform the work or deliver the goods/services required under the Contract and/or within the time required or failing to use the subcontractors, entities and personnel as identified and set forth, and to the degree specified in the Contract. B. Failure to begin the work under this Contract within the time specified. C. Failure to perform the work with sufficient workers and equipment or with sufficient materials to ensure timely completion. D. Neglecting or refusing to remove materials or perform new work where prior work has been rejected as nonconforming with the teens of the Contract. E. Becoming insolvent, being declared bankrupt, or committing any act of bankruptcy or insolvency, or making an assignment for the benefit of creditors, if the insolvency, bankruptcy, or assignment renders the successful Bidder/Proposer incapable of performing the work in accordance with and as required by the Contract. F. Failure to comply with any of the terms of the Contract in any material respect. All costs and charges incurred by the City as a result of a default or a default incurred beyond the time limits stated, together with the cost of completing the work, shall be deducted from any monies due or which may become due on this Contract. 1.28. DETERMINATION OF RESPONSIVENESS - Each Response will be reviewed to determine if it is responsive to the submission requirements outlined in the Formal Solicitation. A "responsive" response is one which follows the requirements of the formal solicitation, includes all documentation, is submitted in the format outlined in the formal solicitation, is of timely submission, and has appropriate signatures as required on each document. Failure Page 14 of 40 881382 to comply with these requirements may deem a Response non-responsive. 1.29. DISCOUNTS OFFERED DURING TERM 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 term 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 manufacturer to Bidder/Proposer will 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 Terms and Conditions 1.31. EMERGENCY / DISASTER PERFORMANCE - In the event of a hurricane or other emergency or disaster situation, the successful vendor shall provide the City with the commodities/services defined within the scope of this formal solicitation at the price contained within vendor's response. Further, successful vendor shall deliver/perform for the city on a priority basis during such times of emergency. 1.32. ENTIRE DID 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 RFPs, RFQs, and RFLIs, 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 terns 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 amount subsequent 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 meeting specifications. The City reserves the right to acquire additional quantities at the prices bid/proposed or at lower prices in this Formal Solicitation. 1.34. EVALUATION OF RESPONSES A.Rejection of Responses . The City may reject a Response for any of the following reasons: 1) Bidder/Proposer fails to acknowledge receipt of addenda; 2) Bidder/Proposer mistates or conceals any material fact in the Response ; Page 15 of 40 881382 3) Response does not conform to the requirements 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 the Bidder's/Proposer(s) authorized agent. The foregoing is not an all inclusive list of reasons 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 deemed in the best interest of the City. B. 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 Ordinance. C. Determination of Responsibility 1) Responses will only be considered from entities who are regularly engaged 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 industry as determined by the City. 2) The City may consider any evidence available regarding the financial, technical and other qualifications and abilities of a Bidder/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 a manufacturer or supplier which is the actual source of supply, if required by the Fon-nal Solicitation. 1.35. EXCEPTIONS TO GENERAL AND/OR SPECIAL. CONDITIONS OR SPECIFICATIONS - 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 may be cause for a RFP, RFQ, or RFLI to be considered non-responsive; and, if exceptions are taken to the terms and conditions of the resulting agreement it may lead to terminating negotiations. 1.36. F.O.B. DESTINATION - 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 Formal Solicitation. Failure to do so may be 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 Solicitation. Such prices will remain firm for the period of performance or resulting purchase orders or contracts, which are to be performed or supplied over a period of time. 1.38. FLORIDA MINIMUM WAGE - The Constitution of the State of Florida, Article X, Section 24, states that Page 16 of 40 881382 employers shall pay employee wages no less than the minimum 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 minimum 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 and clerical workers, CPI -W, or a successor index as calculated by the United States Department of Labor. Each adjusted minimum wage rate calculated shall be determined and published by the Agency Workforce Innovation on September 30th of each year and take effect on the following January lst. At the time of responding, it is bidder/proposer and his/her subcontractor(s), if applicable, full responsibility to determine whether any of its employees may be impacted by this Florida Law at any given point in time during the term of the contract. If impacted, bidder/proposer must furnish employee name(s), job title(s), job description(s), and current pay rate(s). Failure to submit this information at the time of submitting a response constitute successful bidder's/proposer's acknowledgement and understanding that the Florida Minimum 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 information to make a wage and contractual price increase(s) determination. 1.39. GOVERNING LAW AND VENUE - The validity and effect of this Contract shall be governed by the laws of the State of Florida. The parties agree that any action, mediation or arbitration arising out of this Contract shall take place in Miami -Dade County, Florida. 1.40. HEADINGS AND TERMS - The headings to the various paragraphs of this Contract have been inserted for convenient reference only and shall not in any manner be construed as modifying, amending or affecting in any way the expressed terms and provisions hereof. 1.41. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) - Any person or entity that perforins or assists the City of Miami with a function or activity involving the use or disclosure of "individually identifiable health information (IIHI) and/or Protected Health Information (PHI) shall comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the City of Miami Privacy Standards. HIPAA mandates for privacy, security and electronic transfer standards, which include but are not limited to: A. Use of information only for performing services required by the contract or as required by law; B. Use of appropriate safeguards to prevent non-perrnitted disclosures; C. Reporting to the City of Miami of any non -permitted use or disclosure; D. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the Bidder/Proposer and reasonable assurances that IIHI/PHI will be held confidential; E. Making Protected Health Information (PHI) available to the customer; F. Making PHI available to the customer for review and amendment; and incorporating any amendments requested by the customer; G. Making PHI available to the City of Miami for an accounting of disclosures; and H. Making internal practices, books and records related to PHI available to the City of Miami for compliance audits. PHI shall maintain its protected status regardless of the form and method of transmission (paper records, and/or electronic transfer of data). The Bidder/ Proposer must give its customers written notice of its privacy information practices including specifically, a description of the types of uses and disclosures that would be made with protected health information. 1.42 INDEMNIFICATION - Contractor shall indemnify, hold harmless and defend the City, its officials, officers, Page 17 of 40 881382 agents, directors, and employees, from liabilities, damages, losses, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Contract and will indemnify, hold harmless and defend the City, its officials, officers, agents, directors and employees against, any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted work, even if it is alleged that the City, its officials and/or employees were negligent. 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 from City, resist and defend such action or proceeding by counsel satisfactory to City. The Contractor expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate 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 claims of liability and all suits and actions of every name and description which may be brought against City whether performed 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 time as applicable. Contractor shall require 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 from any actions or omissions 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 DESCRIPTIVE 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, cuts, sketches, descriptive literature, technical specifications, and Material Safety Data Sheets (MSDS)as required, covering the products offered. Reference to literature submitted with a previous response or on file with the Buyer will not satisfy this provision. 1.44. INSPECTIONS - The City may, at reasonable times during time 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 City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All tests and inspections shall be subject to, and made in accordance with, the provisions of the City of Miami Ordinance No. 12271 (Section 18-79), 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 time as the City provides notice of a decision or intended decision or within 30 days after bid closing, whichever is earlier. Bid/Proposal results will be tabulated and may be furnished upon request 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. 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 compliance to all requirements listed on the Special Conditions entitled "Insurance Page 18 of 40 881382 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. If the Contractor fails to submit the required insurance documents in the manner prescribed in this Solicitation within fifteen (15) 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 insurance 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/Proposer 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 - Invoices shall contain purchase order number and details of goods and/or services delivered (i.e. quantity, unit price, extended price, etc); and in compliance with Chapter 218 of the Florida Statutes (Prompt Payment Act). 1.48. LOCAL PREFERENCE A. City Code Section 18-85, states, "when a responsive, responsible non -local bidder submits the lowest bid price, and the bid submitted by one or more responsive, responsible local bidders who maintain a local office, as defined in Section 18-73, is within fifteen percent (15%) of the price submitted by the non -local bidder, then that non -local bidder and each of the aforementioned responsive, responsible local bidders shall have the opportunity to submit a best and final bid equal to or lower than the amount of the low bid previously submitted by the non -local bidder. Contract award shall be made to the lowest responsive, responsible bidder submitting the lowest best and final bid. In the case of a tie in the best and final bid between a local bidder and a non -local bidder, contract award shall be made to the local bidder." B. City Code Section 18-86, states, "the RFP, RFLI or RFQ, as applicable, may, in the exercise of the reasonable professional discretion of the City Manager, director of the using agency, and the Chief Procurement Officer, include a five (5%) percent evaluation criterion in favor of proposers who maintain a local office, as defined in Section 18-73. In such cases, this five (5%) 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 CERTIFICATION -The City reserves the right to request from bidders/proposers a separate Manufacturer's Certification of all statements made in the 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 CHANGES 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 sheet as appropriate. 1.51. NO PARTNERSHIP OR JOINT VENTURE - Nothing contained in this Contract will be deemed or construed to create a partnership or joint venture between the City of Miami and Contractor, or to create any other similar relationship between the parties. Page 19 of 40 881382 1.52. NONCONFORMANCE TO CONTRACT CONDITIONS - Items may be tested for compliance with specifications under the direction of the Florida Department of Agriculture and Consumer Services or by other appropriate testing Laboratories as determined by the City. The data derived from any test for compliance with specifications is public record and open to examination thereto in accordance with Chapter 119, Florida Statutes. Items delivered not confonning to specifications may be rejected and returned at Bidder's/Proposer'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 -procurement costs may be charged against the defaulted contractor. Any violation of these 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 under this formal solicitation. Furthennore, Bidder/Proposer agrees that no otherwise qualified individual shall solely by reason of his/her 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, Bidder/Proposer shall not discriminate against any person on the basis of race, color, religion, disability, age, sex, marital status or national origin. All persons having appropriate qualifications shall be afforded equal opportunity for employment. 1.54. NON-EXCLUSIVE 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, agreements, 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 successful bidder(s)/proposer(s) to receive all orders that may be generated by the City in conjunction with this Formal Solicitation. In addition, any and all commodities, equipment, and services required by the City in conjunction with construction projects are solicited under a distinctly different solicitation process and shall not be purchased under the terms, conditions and awards rendered under this solicitation, unless such purchases are determined to be in the best interest of the City. 1.55. OCCUPATIONAL LICENSE - Any person, fine, corporation or joint venture, with a business location in the City of Miami and is submitting a Response under this Formal Solicitation shall meet the City's Occupational License Tax requirements in accordance with Chapter 31.1, Article 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. ONE PROPOSAL - Only one (1) Response from an individual, firm, partnership, corporation or joint 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 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 INVALIDITY - If any provision of this Contract or the application thereof to any person or Page 20 of 40 881382 circumstance shall to any extent be held invalid, then the remainder of this Contract or the application of such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby, and each provision of this Contract shall be valid and enforced to the fullest extent permitted by law. 1.59. PERFORMANCE/PAYMENT BOND —A Contractor may be required to furnish a Perfonnance/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 RESPONSES (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 Formal 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 on each continuation sheet thereof on which he/she makes an entry, as required. B. If so required, the unit price for each unit offered shall be shown, and such price shall include packaging, handling and shipping, and F.O.B. Miami delivery inside City premises unless otherwise specified. Bidder/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, an extended price shall be entered in the "Extended Price" column for each item offered. In case of a discrepancy between the unit price and extended price, the unit price will be presumed correct. C. The Bidder/Proposer must state a definite time, 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 bind the company or firm by his/her signature. Bids/Proposals having any erasures or corrections must be initialed in ink 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's Response Forms shall be used when Bidder/Proposer is submitting its response in hardcopy format. Use of any other forms will result in the rejection of the response. IF SUBMITTING HARDCOPY FORMAT, THE ORIGINAL AND THREE (3) COPIES OF THESE SETS OF FORMS, UNLESS OTHERWISE SPECIFIED, AND ANY REQUIRED ATTACHMENTS MUST BE RETURNED TO THE CITY OR YOUR RESPONSE MAY BE DEEMED NON-RESPONSIVE. 1.61. PRICE ADJUSTMENTS — Any price decrease effectuated during the contract period either by reason of market change or on the part of the contractor to other customers shall be passed on to the City of Miami. 1.62. PRODUCT SUBSTITUTES - In the event a particular awarded and approved manufacturer's product becomes unavailable during the term of the Contract, the Contractor awarded that item may arrange with the City's authorized representative(s) to supply a substitute product at the awarded price or lower, provided that a sample is approved in advance of delivery and that the new product meets or exceeds all quality requirements. Page 21 of 40 881382 1.63. CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS - 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 Solicitation. If no prompt payment discount is being offered, the Bidder/Proposer 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 cash discount period shall commence on the date final approval for payment is authorized. If a discount is part of the contract, but the invoice does not reflect the existence of a cash discount, the City is entitled to a cash discount with the period commencing on the date it is determined by the City that a cash discount applies. Price discounts off the original prices quoted on the Price Sheet will be accepted from successful bidders/proposers during the term of the contract. 1.65. PROPERTY - 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 be the responsibility 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 BINDING - 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 a 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 not 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 amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 1.68. PUBLIC RECORDS - Contractor understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City contracts, subject to the provisions of Chapter 119, Florida Statutes, and City of Miami Code, Section 18, Article III, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable law. Contractor shall additionally comply with the provisions of Section 119.0701, 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. Page 22 of 40 881382 1.69. QUALITY OF GOODS, MATERIALS, SUPPLIES, PRODUCTS, AND EQUIPMENT - All materials used in the manufacturing 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/SERVICES - The work/services performed must be of the highest quality and workmanship. Materials furnished to complete the service shall be new and of the highest quality except as otherwise specified in this Solicitation. 1.71. REMEDIES PRIOR TO AWARD (Sec. 18-106) - If prior to Contract award it is determined that a formal solicitation or proposed award is in violation of law, then the solicitation or proposed award shall be cancelled by the City Commission, the City Manager or the Chief Procurement Officer, as may be applicable, or revised to comply with the law. 1.72. 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 must 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 decisions. If a dispute is not resolved by mutual consent, the City Manager shall promptly render a written report stating the reasons for the action taken by the City Commission or the City Manager which shall be final and conclusive. A copy of the decision shall be immediately provided to the protesting party, along with a notice of such party's right to seek judicial relief, provided that the protesting party shall not be entitled to such judicial relief without first having followed the procedure set forth in this section. 1.73. RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (Sec. 18-104) (a) Right to protest. The following procedures shall be used for resolution of protested solicitations and awards except for purchases of goods, supplies, equipment, and services, the estimated cost of which does not exceed $25,000. Protests thereon shall be governed by the Administrative Policies and Procedures of Purchasing. 1.Protest of Solicitation. i. Any prospective proposer who perceives itself aggrieved in connection with the solicitation of a Contract may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within three days after the Request for Proposals, Request for Qualifications or Request for Letters of Interest is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer; or ii. Any prospective bidder who intends to contest the Solicitation Specifications or a solicitation may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within three days after the 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. i. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within two days after Page 23 of 40 881382 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 Corner, Current Solicitations and Notice of Recommendation 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 Award To field, the Bidder/Proposer must contact the buyer for 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 H. Any actual Responsive and Responsible Bidder whose Bid is lower than that of the recommended bidder may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within two days after receipt by the bidder of the notice of the city's determination of non responsiveness or non responsibility. The receipt by bidder of such notice shall be confirmed by the city by facsimile or electronic mail or U.S. mail, return receipt requested. A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer. W. A written protest based on any of the foregoing must be submitted 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 Procurement Officer. The written protest may not challenge the relative weight of the evaluation criteria or the formula for assigning points in making an award determination. The written protest shall state with particularity the specific facts and law upon which the protest of the solicitation or the award is based, and shall include all pertinent documents and evidence and shall be accompanied by the required Filing Fee as provided in subsection (f). This shall form the basis for review of the written protest and no facts, grounds, documentation or evidence not contained in the protester's submission to the Chief Procurement Officer at the time of filing the protest shall be permitted in the consideration of the written protest. No time will be added to the above limits for service by mail. In computing any period of time prescribed or allowed by this section, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday. Intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of the time for filing. (b) Authority to resolve protests. The Chief Procurement Officer shall 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 submit said decision to the City Commission within 30 days after he/she receives the protest. In cases involving more than $25,000, the decision of the Chief Procurement Officer shall 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 file a protest or the written protest, together with the required Filing Fee as provided in subsection (f), with the Chief Procurement Officer within the time provided in subsection (a), above, shall constitute a forfeiture of such party's right to file a protest pursuant to this section. The protesting party shall not be entitled to seek judicial relief without first having followed the procedure set forth in this section (d) Stay of Procurements during protests. Upon receipt of a written protest filed pursuant to the requirements of this section, the city shall not proceed further with the solicitation or with the award of the Contract until the protest is resolved by the Chief Procurement Officer or the City Commission as provided in subsection (b) above, unless the Page 24 of 40 881382 City Manager makes a written determination that the solicitation process or the Contract award must be continued without delay in order to avoid an immediate and serious danger to the public health, safety or welfare. (e) Costs. All costs accruing from a protest shall be assumed by the protestor. (1) Filing Fee. The written protest must be accompanied by a filing fee in the form of a money order or cashier's check payable to the city in an amount equal to one percent of the amount of the Bid or proposed Contract, or $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 (e) above. 1.74. SAMPLES - Samples of items, when required, must be submitted within the time specified at no expense to the City. If not destroyed by testing, bidder(s)/proposer(s) will be notified to remove samples, at their expense, within 30 days after notification. Failure to remove the samples will result in the samples becoming the property of the City. 1.75. SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES - Contractor shall not sell, assign, transfer or subcontract at any time 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 warranty, 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 omission from it of detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct type, size and design are to be used. All workmanship and services is to be first quality. All interpretations of these specifications shall be made upon the basis of this statement. If your firm has a current contract with the State of Florida, Department of General Services, to supply the items on this solicitation, the bidder/proposer shall quote not more than 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 in hardcopy format to the City Clerk, City Hall, 3500 Pan American Drive, Miami, Florida 33133-5504, at or before, the specified closing date and time as designated in the IFB, RFP, RFQ, or RFLI. NO EXCEPTIONS. Bidders/Proposers are welcome to attend the solicitation closing; however, no award will be made at that time. 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 Bidder/Proposer. Hardcopy responses not submitted on the requisite Response Forms may be rejected. Hardcopy responses received at any other location than the specified shall be deemed non-responsive. Page 25 of 40 881382 Directions to City Hall: FROM THE NORTH: I-95 SOUTH UNTIL IT TURNS INTO US 1. US 1 SOUTH TO 27TH AVE., TURN LEFT, PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT. FROM THE SOUTH: USI NORTH TO 27TH AVENUE, TURN RIGHT, PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT. B. Facsimile responses will not be considered. C. Failure to follow these procedures is cause for rejection of bid/proposal. D. The responsibility for obtaining and submitting a response on or before the close date is solely and strictly the responsibility of Bidder/Proposer. The City of Miami 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 time will be returned unopened, and will not be considered for award. E. Late responses will be rejected. F. 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 the time and date set for closing of solicitation responses. All modifications must be submitted via the Oracle System or in writing. Once a solicitation closes (closed date and/or time expires), the City will not consider any subsequent submission which alters the responses. H. If 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 from any taxes imposed by the State and/or Federal Government. Exemption certificates will be provided upon request. Notwithstanding, Bidders/Proposers should be aware of the fact that all materials and 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 amendments thereto and shall be paid solely by the Bidder/Proposer. 1.80. TERMINATION —The City Manager on behalf of the City of Miami reserves the right to terminate 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 determined by the City to be in breach of any of the terms and conditions of the contract. B. The City has determined that such termination will be in the best interest of the City to terminate the contract for its own convenience; C. Funds are not available to cover the cost of the goods and/or services. The 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 Page 26 of 40 881382 defect, 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 on 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.TRADE 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 EXCEPTION," with your firm's name and the Solicitation number and title marked on the outside. Please be aware that the designation of an 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 indemnify and hold harmless the City for any award to a plaintiff for damages, costs or attorney's fees and for costs and attorney's fees incurred by the City by reason of any legal action challenging your claim. 1.85. UNAUTHORIZED WORD OR DELIVERY OF GOODS- Neither the qualified Bidder(s)iTroposer(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)/Proposer(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 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/proposers must 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 27 of 40 881382 2. Special Conditions 2.1. PURPOSE The purpose of this Solicitation is to establish a contract, for electrical maintenance and repair services at City of Miami Police Department Facilities, as specified herein, from a source(s), fully compliant with the terms, conditions and stipulations of the solicitation. 2.2. GENERAL REQUIREMENTS The Successful Bidder agrees that the he/she shall at all times employ, maintain and assign to the performance of the work a sufficient number of competent and qualified professionals and other personnel to meet the requirements of the work to be performed. The Successful Bidder agrees to adjust staffing levels or to replace any staff personnel if so ordered by the City, should the City make a determination in it sole discretion, that said staffing is inappropriate or that any individual is not performing in a manner consistent with the requirements for such position. The Successful Bidder warrants and represents that its staff personnel has the necessary skills, training, background, knowledge, experience, and licenses as necessary to perform the work, in a competent and professional manner. The Successful Bidder shall at all times cooperate with the City and coordinate its respective work efforts to most effectively progress the performance of the work. The City and other agencies authorized by the City, shall have free access at all times to the work site. 2.3. TERM OF CONTRACT The Contract shall commence upon the date of notice of award and shall be effective for three (3) years with the option to renew for two (2) additional one (1) year periods, subject to the availability of funds for succeeding fiscal years. Continuation of the Contract beyond the initial period is a City prerogative; not a right of the Bidder. This prerogative will be exercised only when such continuation is clearly in the best interest of the City. 2.4. PRE-BID/PRE-PROPOSAL CONFERENCE None 2.5. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION Any questions or clarifications concerning this solicitation shall be submitted by email or facsimile to the Procurement Department, Attn: Teresa Soto; fax: (305) 400-5024 or email: tsoto@miamigov.com, and a copy filed with the Office of the City Clerk, pursuant to Section 1.34. Cone of Silence. The solicitation title and number shall be referenced on all correspondence. All questions must be received no later than Tuesday, June 19, 2018 at 4:00 PM. All responses to questions will be sent to all prospective bidders/proposers in the form of an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. . Page 28 of 40 881382 2.6. METHOD OF AWARD Award of this Contract will be made to the lowest responsive and responsible Bidder who meets Specifications, herein. 2.7. BIDDER'S MINIMUM QUALIFICATION REQUIREMENTS Bids will only be considered from firms that are regularly engaged in the business of providing goods and/or services described herein for five (5) years. The Bidder shall satisfy each of the following requirements: The Bidder shall: 1. Have a Certified Electrical Contractor's License with five (5) years experience, submit license with bid; 2. Hold current license and permits required by the City of Miami, Miami -Dade County, and the State of Florida (if applicable), necessary and required to perform proposed work; and 4. All workforce employed for project shall be Certified Electrical Contractors with five (5) years experience. Note: Licenses and permits must be submitted with the bid. 2.8. TIE BIDS Whenever two or more Bids which are equal with respect to price, quality and service are received by the City for the procurement of commodities or contractual services, a Bid received from a business that certifies that is has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie Bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: (1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the action that will be taken against employees for violations of such prohibition. (2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in subsection (1). (4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under Bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later 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. 2.9. INSURANCE REQUIREMENTS Page 29 of 40 881382 INDEMNIFCATI®N Successful Bidder shall indemnify, hold and save harmless, and defend (at its own cost and expense), the City, its officers, agents, directors, and/or employees, from all liabilities, damages, losses, judgements, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Successful Bidder and persons employed or utilized by Successful Bidder in the performance of this Contract. Successful Bidder shall further, hold the City, its officials and employees, indemnify, save and hold harmless for, and defend (at its own cost), the City its officials and/or employees against any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted Work, even if it is alleged that the City, its officials, and/or employees were negligent. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, the Successful Bidder shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The Successful Bidder expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the Successful Bidder shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate the Successful Bidder to defend, at its own expense, to and through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against the City, whether performed by the Successful Bidder, or persons employed or utilized by Successful Bidder. These duties will survive the cancellation or expiration of the Contract. This Section will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended. Successful Bidder shall require all sub -contractor agreements to include a provision that each sub -contractor will indemnify the City in substantially the same language as this Section. The Successful Bidder agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Successful Bidder in which the City participated either through review or concurrence of the Successful Bidder's actions. In reviewing, approving or rejecting any submissions by the Successful Bidder or other acts of the Successful Bidder, the City, in no way, assumes or shares any responsibility or liability of the Successful Bidder or sub -contractor under this Contract. Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by the Successful Bidder. Please see attached Insurance Addendum for insurance definitions, requirements, and conditions. The Successful Bidder shall furnish to City of Miami, c/o Procurement Department, 444 SW 2nd Avenue, 6th Floor, Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: (1) Worker's Compensation A. Limits of Liability - Statutory - State of Florida Waiver of Subrogation Employer's Liability A. Limits of Liability Page 30 of 40 881382 $100,000 for bodily injury caused by an accident, each accident; $100,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease, policy limit (2) Commercial General Liability: A. Limits of Liability Bodily Injury and Property Damage Liability - Each Occurrence: $1,000,000 General Aggregate Limit: $2,000,000 Personal and Adv. Injury. Products and Completed Operations and Fire Damage: $1,000.000. B. Endorsements Required: City of Miami included as an Additional insured. Contingent and Contractual Liablity Primary Insurance Clause Endorsement Premises and Operations Liability Explosion, Collapse and Underground Hazard (3) BusinessAutomobile Liability A. Limits of Liability Bodily injury and property damage liability combined single limits. Any Auto, including hired, borrowed or owned, or non -owned autos used in connection with the work - $1,000,000 B. Endorsements Required: City of Miami included as an Additional Insured BINDERS ARE UNACCEPTABLE. 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. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the Successful Bidder. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The Company must be rated no less than "A" as to management, and no less than "Class V" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and/or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. Certificates will indicate no modification or change in insurance shall be made without thirty (30) days written advance notice to the certificate holder. NOTE: CITY BID NUMBER AND/OR TITLE OF BID MUST APPEAR ON EACH CERTIFICATE. Compliance with the foregoing requirements shall not relieve the Successful Bidder of his liability and obligation under this section or under any other section of this Agreement, --If insurance certificates are scheduled to expire during the contractual period, the Successful Bidder shall be responsible for submitting new or renewed insurance certificates to the City at a minimum of ten (10) calendar days in advance of such expiration. Page 31 of 40 881382 --In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the City shall: (4) Suspend the contract until such time as the new or renewed certificates are received by the City in the manner prescribed in the Invitation for Bid. (5) The City may, at its sole discretion, terminate this contract for cause and seek re -procurement damages from the Successful Bidder in conjunction with the General and Special Terms and Conditions of the Bid. The Successful Bidder shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in force for the duration of the contractual period; including any and all option terms that may be granted to the Successful Bidder. 2.10. CITY OF MIAMI LIVING WAGE ORDINANCE The City of Miami adopted a Living Wage Ordinance for City Service Contracts with a total contract value exceeding $100,000 annually, and that have been competitively solicited and awarded on, or after January 1, 2017 by the City. "Service Contract" means a contract to provide services to the City, excluding, however, professional services as defined by the "Consultants Competitive Negotiation Act" set forth in F.S. § 287.055, and Section 18-87 of the City Code, and/or the other exclusions provided by Section 18-557 of the City Code. Section 18-557 is attached as Attachment A. Please see provisions in Attachment A. If a solicitation requires services, effective on January 1, 2017, contractors must pay to all its employees, who provide services, a living wage of no less than $15.00 per hour without health benefits; or a wage of no less than $13.19 an hour, with health benefits. This language is only a summary of the key provisions of the City of Miami Living Wage Ordinance. Please review Attachment A, attached hereto, for a complete and thorough description of the City of Miami Living Wage Ordinance. 2.11. HOURLY RATE The hourly rate quoted shall include full compensation for labor, equipment use, travel time, and any other cost to the Successful Bidder. Regular Rate -Hourly rate for straight time repairs, i.e., from 8:00 A.M. to 5:00 P.M., Monday through Friday (rate is to include labor and travel, parts are not included). 2.12. OVERTIME The City shall allow overtime payment at a maximum rate of one and half times the regular hourly wage quotes by the Successful Bidder. This allowance shall only be provided in those instances where expressly authorized by the Project Manager or designee prior to commencement of the overtime work. Further, overtime work shall not be allowed during the normal work day. Overtime Rate -Hourly rate for overtime repairs, i.e., from 5:00 P.M. to 8:00 A.M., Monday through Friday and twenty four (24) hours on weekends and legal holidays (rate is to include labor and travel, parts are not included). Page 32 of 40 881382 Legal Holidays New Year's Day Martin Luther King Birthday President's Day Memorial Day Fourth of July Labor Day Columbus Day Veteran's Day Thanksgiving Day Friday after Thanksgiving Day Christmas Day 2.13. BACKGROUND CHECK Level II Background Checks shall be conducted and paid for by the Successful Bidder for each employee anticipated to work in the City facilities. The Successful Bidder agrees not to permit any employee to have access to facilities herein designated until the clearance requirements specified are met. For facilities with a higher security clearance additional background checks may be required. 2.14. EMPLOYEES Work shoes (footwear which fully covers and protects the entire foot), shall be worn at all times. Shorts, torn and/or dirty clothing, cu -off t -shirts, and clothing with unacceptable verbiage, as determined by the City, shall not be worn. The employee(s) of the Successful Bidder shall at all times wear his/her company issued identification badge. Should the Successful Bidder not issue such a form of identification, the employee(s) shall wear an issued badge from the City of Miami Police Department facility being serviced. 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 Project Manager or designee, and sign in and out. 2.15. LICENSES AND PERMITS Services performed for the City will require licenses and permits in the same manner as other projects within the City. The Successful Bidder shall secure, at his/her expense, all licenses and permits and shall fully comply with all applicable laws, regulations and codes as required by the State of Florida, county, or local agency. The Successful Bidder must fully comply with all federal and state laws, county and municipal ordinances, and regulations in any manner affecting the performance of the work. Any fines or penalties to the Successful Bidder shall be paid at the Successfiil Bidder's expense. 2.16. PROJECT MANAGER Page 33 of 40 881382 Upon award, the Successful Bidder shall report and work directly with Angel Blanco, who shall be designated as the Project Manager. 2.17. PARTS AT PASS-THROUGH COST All cost for parts required for repair jobs and not otherwise included in the routine maintenance shall be billed at the Successful Bidder's actual cost, and will be passed on to the City without markup 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. Replacement parts furnished must be of the same manufacturer or an equal product. All equipment and materials shall be commercial quality and grade, and be from a regular product line. Prototype, obsolete, and residential quality/grade equipment/materials shall not be specified or installed in the facilities. All parts installed and materials used in performance of this Contract shall be new and unused (of current design and manufacture). Salvage materials will not be allowed without the express consent of the Project Manager or designee. All materials and workmanship shall be for the highest quality and shall conform to all applicable codes, so as to ensure safe and functional operations. The City shall be the sole judge as to parts and workmanship. 2.18. WARRANTY, FITNESS FOR PURPOSE The Successful Bidder warrants the materials supplied and the work performed under this contract conform to warranty materials provided and work performed for one (1) year from 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 fails to correct or replace the defective work or items within the period specified, the City may, at its discretion, notify the Successful Bidder, in writing, that the Successful Bidder may be debarred as a City Bidder and/or subject to contractual default if the corrections or replacements are not completed to the satisfaction of the City within ten (10) calendar days of receipt of the notice. If the Successful Bidder fails to satisfy the warranty within the period specified in the notice, the City may (a) place the Successful Bidder in defaults of its contract, and/or (b) procure the products or services from another Bidder 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. 2.19. EMERGENCY SERVICE/CONTACT The Successful Bidder shall provide the City with evening, weekend, and holiday service, as necessary, to handle an emergency situation which threatens public health and safety, as determined by the City. The Successful Bidder shall be immediately available via a twenty-four (24) hour, seven (7) day per week phone service. It is expected that non-scheduled requests for service (emergency calls, etc.) shall be responded to within two (2) hours after the call Page 34 of 40 881382 is placed to the service or directly to the Successful Bidder. The Successful Bidder shall ensure that the Project Manager, designee, or facility liaison has the cell phone and the home phone number 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 Project Manager, designee, or facility liaison, his/her representative, or other designated individual(s). 2.20. SUPERVISORY MEETINGS/CONTACTS The Successful Bidder shall provide an executive -level manager representative to meet with the City's Project Manager, designee, or facility liaison, at the discretion of the City, for the purpose of reviewing contract compliance and performance. The Successful Bidder shall supply the name and telephone numbers, home and office, of at least two (2) company individuals with the authority to make management decisions and who can be reached at any time. 2.21. NON -APPROPRIATION OF FUNDS In the event no funds or insufficient finds 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 Successful Bidder 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 particular or any project(s) will be awarded to any firm(s). 2.22. FAILURE TO PERFORM Should it not be possible to reach the Successful Bidder or supervisor and/or should remedial action not be taken within forty eight (48) hours of any failure to perform according to specifications, the City reserves the right to declare Successful Bidder in default of the contract or make appropriate reductions in the contract payment. 2.23. CITY OCCUPANCY The City may occupy all or any portions of the facility during the entire period of work. The Successful Bidder shall cooperate fully with the Project Manager, designee, or facility liaison, during the work to minimize conflicts and to facilitate City operations and the operations of any other contractors. 2.24. USE OF PREMISES The Successful Bidder shall confine his/her equipment, apparatus, the storage of materials, and the operation of his/her workmen to the limits indicated by law, ordinances, permits, or direction of the Project Manager, designee, or facility liaison, and shall not unreasonably encumber the premises with his/her materials. The Successful Bidder shall take all measures necessary to protect their own materials. Page 35 of 40 881382 2.25. SAFETY PRECAUTIONS The Successful Bidder must adhere to the applicable environmental protection guidelines for the entire duration of the work. If hazardous waste materials are used, detected or generated at any time, the Project Manager, designee, or facility liaison, must be immediately notified of each and every occurrence. Successful Bidder shall comply with all codes, ordinances, rules, orders and other legal requirements of public authorities (including OSHA, EPA, DERM, Miami -Dade County PDR South Florida Building Code) which bear on the perfonnance of the work. The Successful Bidder shall take the responsibility to ensure that all work is provided with the adequate safeguards, that are necessary for the protection of their employees, as well as the publc and City employees. If an emergency condition should develop during work, the Successful Bidder must immediately notify the Project Manager, designee, or facility liaison, of each and every occurrence. The Successful Bidder should also recommend any appropriate courses of action to the Project Manager, designee, or facility liaison. 2.26. SAFETY MEASURE Successful Bidder shall take all necessary precautions for the safety of employees, and shall erect and properly maintain at all times all necessary safeguards for the protection of the employees and the public. Danger signs warning against hazards created by 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 shall use only equipment that is fully operational and in safe operating order. Successful Bidder shall be especially careful when servicing property when pedestrians and/or vehicles are in close proximity - work shall cease until it is safe to proceed. 2.27. PUBLIC SAFETY The Successful Bidder shall conduct his/her work so as to interfere as little as possible with private business or 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 actions or neglect or that of his agents or employees. The Successful Bidder shall meet the following noise abatement performance standards for all construction equipment: Between the hours of 7:00 A.M. and 6:00 P.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 7:00 A.M., but if required, the noise level shall not exceed 65 dBA. 2.28. DAMAGES TO PUBLIC/PRIVATE PROPERTY Page 36 of 40 881382 The Successful Bidder shall carry out the work with such care and methods as not to result in damage to public or private property adjacent to the work. Should any public or private property be damaged or destroyed, the Successful Bidder, at 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 date damage was done). 2.29. QUALITY OF WORK All work shall be performed using superior maintenance standards and techniques. The frequencies established for repetitive maintenance tasks are minimum frequencies, which must be increased if deemed necessary and requested by the City. 2.30. DOCUMENTATION The Successful Bidder shall leave with the City's Project Manager, designee, or facility liaison 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 wtih the City's facility liaison or his/her representative, should the liaison not be available. 2.31. INVOICING Invoices submitted for payment by the City shall contain purchase order number, work order number, if applicable, details of service(s) performed, number of labor hours for each worker (if applicable), hourly rate for each worker, total man hours billed, and material/parts furnished and actual cost itemized separate from the labor rates and number of labor hours. Copies of invoices or other appropriate documentation including available receipts for material/parts purchased or supplied shall be provided for each job to support their actual cost 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. Material, parts, or equipment installed shall be invoiced at Successful Bidder's actual cost to include any and all discounts offered by his/her supplier. Material prices submitted are subject to verification by the City. Failure to submit any required documentation, including properly prepared invoices and/or should the City determine the invoice to differ from the actual work performed, the City will not be responsible for payment of such. The City will only be responsible for payment of actual work performed, and upon properly submitted invoices/documentation. 2.32. DELAYS The Successful Bidder shall notify the Project Manager, designee, or facility liaison of any actual or potential delays. 2.33. FINAL CLEAN-UP Page 37 of 40 881382 Upon completion of the work and before acceptance and final payment is made, the Successful Bidder shall clean, remove, and properly dispose of from the premises, all surplus and discarded materials, rubbish, and temporary structures, and shall restore in an acceptable manner all property, both public and private, which has been damaged during the performance of the work, and shall leave the work in a neat and presentable condition. 2.34. ACCEPTANCE OF WORK Should any work not meet the expectations of the City's Project Manager, designee, or facility liaison, the Successful Bidder shall be required to correct the fault or faults at his/her expense in both time and material. 2.35. ADDITIONS/DELETIONS OF FACILITIES Although this Solicitation identifies specific facilities to be serviced, it is hereby agreed and understood that any facility may be added/deleted to/from this contract at the option of the City. When an addition to the contract is required, the Successful Bidder under this contract shall be invited to submit price quotes for these new services/items/products. If these quotes are comparable with market prices offered for similar services/items/products, they shall be added to the contract whichever is in the best interest of the City and an addendum and a separate purchase order shall be issued by the City. 2.36. PRIMARY CLIENT (FIRST PRIORITY) The Successful Bidder agree upon award of this contract that the City of Miami shall be its primary client and shall be serviced first during a schedule conflict arising between this contract and any other contract Successful Bidder may have with any other cities and/or counties to perform similar services as a result of any catastrophic events such as tornadoes, hurricanes, severe storms or any other public emergency impacting various areas during or approximately the same time. 2.37. TERMINATION A. FOR DEFAULT If Successful Bidder defaults in its performance under this Contract and does not cure the default within thirty (30) days after written notice of default, the City Manager may terminate this Contract, in whole or in part, upon written notice without penalty to the City of Miami. In such event the Successful Bidder shall be liable for damages including the excess cost of procuring similar supplies or services: provided that if, (1) it is determined for any reason that the Successful Bidder was not in default or (2) the Successful Bidder's failure to perform is without his or his subcontractor's control, fault or negligence, the termination will be deemed to be a termination for the convenience of the City of Miami. B. FOR CONVENIENCE The City Manager may terminate this Contract, in whole or in part, upon thirty (30) days prior written notice when it is in the best interests of the City of Miami. If this Contract is for supplies, products, equipment, or software, and so terminated for the convenience by the City of Miami the Successful Bidder will be compensated in accordance with an agreed upon adjustment of cost. To the extent that this Contract is for services and so terminated, the City of Miami shall be liable only for payment in accordance with the payment provisions of the Contract for those services rendered prior to termination. Page 38 of 40 881382 2.38. ADDITIONAL TERTNIS AND CONDITIONS No additional terns and conditions included as part of your solicitation response shall be evaluated or considered, and any and all such additional terms and conditions shall have no force or effect and are inapplicable to this solicitation. If submitted either purposely, through intent or design, or inadvertently, appearing separately in transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed that the General Conditions and Special Conditions in this solicitation are the only conditions applicable to this solicitation and that the Bidder's authorized signature affixed to the Bidder's acknowledgment form attests to this. Page 39 of 40 E:3:1[13 3. Specifications 3.1. SPECIFICA'T'IONS/SCOPE OF WORK Successful Bidder shall provide all labor, parts, materials and equipment, including lift, necessary to provide electrical maintenance and repair services, inclusive of lighting upgrades on all exterior lighting, pole lights at City of Miami Police Department Facilities. In addition, the Successful Bidder shall have staff available to perform emergency services when requested within twenty four (24) hour, seven (7) day a week. The following are the City of Miami Police Facilities to be serviced: 1. Central Station and Parking Garage, 400 NW 2 Avenue; 2. South Station, 2200 West Flagler Street; 3. North Station, 1000 NW 62 Street; 4. Special Operations Center (SOS Building), 1701 NW 30 Avenue; 5. College of Police, 400 NW 2 Avenue; 6. College of Police Auditorium, 350 NW 2 Avenue; 7. Law Enforcement Officer's Memorial High School (LEOM), 300 NW 2 Avenue; 8. David Herring Building, 2301 NW 23 Street; 9. Bicycle Patrol, 460 NW 2 Avenue; 10. Marine Patrol, 1001 MacArthur Causeway; 11, Internal Affairs (IA), 5040 NW 7 Street; 12. Auto Pound Locations: Annex: 550 NW 3 Street; Outside Warehouse, 301 NW 6 Street; Auto Pound, 300 NW 7 Street; Bike Pound, 305 NW 7 Street. 13. City of Miami Police Stables, 350 NW 3 Street; Notes: 1. Maintenance shall be quarterly and on an as needed basis; 2. Additional work outside the scope of work shall be reported to the Project Manager prior to commencement. No work shall be completed without the written approval of the Project Manager or Designee. "Note: LICENSES AND PERMITS: Services performed for the City will require licenses and permits in the same manner as private construction projects within the City. The Successfed Bidder shall secure, at his/her expense, all licenses and permits and shall fidly comply with all applicable laws, regulations and codes as required by the State of Florida, county, or local ordinances. The Successful Bidder must fudly comply with all federal and state laws, county and municipal ordinances, and regulations in anv manner affecting the prosecution of the work. Anv fines or penalties to the Successful Bidder shall be paid at the Successful Bidder's expense. Page 40 of 40