IFB_#_TS-24-12.pdf

Axis Cameras

Invitation for Bids #TS-24-12

General Information Project Cost Estimate $48,000 See Section 1.4 Project Timeline Products shall be delivered within thirty (30) calendar days of the

City’s issuance of a Purchase Order.

See Section 1.4

Evaluation of Proposals Staff See Section 1.7 Pre-Bid Meeting Not Applicable Not Applicable Question Due Date August 26, 2024 See Section 1.8 Submissions will be accepted until

2:00 p.m. on September 10, 2024 See Section 1.8

Proposal Security / Bid Bond

Not required.

☐ Required only for bidders that have a total cumulative base proposal amount that exceeds $200,000. Proposal Security shall be in the amount of 5% of the total cumulative base amount proposed.

☐ Required for every bidder, regardless of proposal amount. Proposal Security shall be in the amount of 5% of the total cumulative base amount proposed.

☐ Required for every bidder, regardless of proposal amount. Proposal Security shall be in the amount of $10,000 or 5% of the total cumulative base amount proposed, whichever is less.

Not Applicable

100% Payment and Performance Bonds

Not required.

☐ Required, regardless of the awarded contract amount.

☐ Required in the event that the awarded contract, not including owner’s contingency, exceeds $200,000.

Not Applicable

Grant or Federal Funding Information

Not Applicable. Not Applicable

THE CITY OF PEMBROKE PINES

PROCUREMENT DEPARTMENT

8300 SOUTH PALM DRIVE

PEMBROKE PINES, FLORIDA 33025

(954) 518-9020

IFB #TS-24-12 Page 2

City of Pembroke Pines

Table of Contents

SECTION 1 - INSTRUCTIONS

1.1 NOTICE

1.1.1 VIRTUAL BID OPENING

1.2 PURPOSE

1.2.1 BACKGROUND / ABOUT THE CITY OF PEMBROKE PINES

1.3 SCOPE OF WORK

1.3.1 PROJECT DETAILS

1.4 PROJECT COST ESTIMATE & TIMELINE

1.5 PROPOSAL REQUIREMENTS

1.5.1 PROJECT COST: PRICING / BID TABLE(S)

1.5.2 SUBMITTAL DOCUMENTS

1.7 EVALUATION OF PROPOSALS & PROCESS OF SELECTION

1.7.1 QUALIFYING & SELECTING FIRMS

1.8 TENTATIVE SCHEDULE OF EVENTS

1.9 SUBMISSION REQUIREMENTS

SECTION 2 - INSURANCE REQUIREMENTS

SECTION 3 - GENERAL TERMS & CONDITIONS

3.1 EXAMINATION OF CONTRACT DOCUMENTS

3.2 CONFLICT OF INSTRUCTIONS

3.3 ADDENDA or ADDENDUM

3.4 INTERPRETATIONS AND QUESTIONS

3.5 RULES, REGULATIONS, LAWS, ORDINANCES and LICENSES

3.6 WARRANTIES FOR USAGE

3.7 BRAND NAMES

3.8 QUALITY

3.9 SAMPLES

3.11 DEVELOPMENT COSTS

3.12 PRICING

3.13 DELIVERY POINT

3.14 TAX EXEMPT STATUS

3.15 CONTRACT TIME

IFB #TS-24-12 Page 3

3.16 COPYRIGHT OR PATENT RIGHTS

3.17 PUBLIC ENTITY CRIMES

3.18 CONFLICT OF INTEREST

3.19 FACILITIES

3.20 ENVIRONMENTAL REGULATIONS

3.21 SIGNATURE REQUIRED

3.22 MANUFACTURER’S CERTIFICATION

3.23 MODIFICATION OR WITHDRAWAL OF PROPOSAL

3.24 PUBLIC BID; BID OPENING AND GENERAL EXEMPTIONS

3.25 RESERVATIONS FOR REJECTION AND AWARD

3.26 BID PROTEST

3.27 INDEMNIFICATION

3.28 DEFAULT PROVISION

3.29 ACCEPTANCE OF MATERIAL

3.30 LOCAL GOVERNMENT PROMPT PAYMENT ACT

3.31 SCRUTINIZED COMPANIES LIST

3.32 PUBLIC RECORDS; TRADE SECRET, PROPRIETARY AND CONFIDENTIAL

SUBMITTALS

3.33 PURCHASING AGREEMENTS WITH OTHER GOVERNMENT AGENCIES

3.34 CONE OF SILENCE

3.35 E-VERIFY

3.36 JESSICA LUNSFORD ACT

3.37 PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL OR

IDEOLOGICAL INTERESTS IN GOVERNMENT CONTRACTING

IFB #TS-24-12 SECTION 1 - INSTRUCTIONS Page 4

SECTION 1 - INSTRUCTIONS

1.1 NOTICE

Notice is hereby given that the City Commission of the City of Pembroke Pines is seeking sealed proposals for:

IFB # TS-24-12

Axis Cameras

Solicitations may be obtained from the City of Pembroke Pines website at https://www.ppi nes.com/667/Current-Bids and on the https://procurement.opengov.com/portal/ pembrokepines website.

If you have any problems downloading the solicitation, please contact OpenGov Support at https://opengov.my.site.com/support/s/contactsupport.

If additional information help is needed with downloading the solicitation package, please contact the Procurement Department at (954) 518-9020 or by email at purchasing@ppines .com. The Procurement Department hours are between 7:00 a.m. - 6:00 p.m. on Monday through Thursday and is located at 8300 South Palm Drive, Pembroke Pines, Florida 33025.

The City requires all questions relating to the solicitation be entered through the City’s e-procurement Portal, located at https://procurement.opengov.com/portal/pembrokepines.

Please note the deadline for submitting inquiries will be posted on each solicitation. All answers to inquiries will be posted on the City's e-Procurement Portal. Bidders may also click “Follow” on bids to receive email notifications when answers are posted. It is the responsibility of the bidder to check the website for answers to inquiries. Such request(s) must be received by the “Question Due Date” stated in the solicitation. The issuance of a response via OpenGov is considered an Addendum and shall be the only official method whereby such an interpretation or clarification will be made.

Submittals will be accepted until 2:00 p.m., Tuesday, September 10, 2024. Proposals must be submitted electronically at https://procurement.opengov.com/portal/pembrokepines. The sealed electronic submittals will be publicly opened at 2:30 p.m. by the City Clerk’s Office, in the City Hall Administration Building, 4th Floor Conference Room located at 601 City Center Way, Pembroke Pines, Florida, 33025.

1.1.1 VIRTUAL BID OPENING

The bid opening for this project will be held in the City Clerk’s Office Conference Room located on the 4th Floor in the Charles F. Dodge City Center/City Hall Administration Building at 601 City Center Way, Pembroke Pines, Florida, 33025 at 2:30 PM on the bid due date.

IFB #TS-24-12 SECTION 1 - INSTRUCTIONS Page 5

In light of public health concerns and to ensure accessibility for all, the City encourages interested parties, vendors, and the public to participate virtually via live streaming instead of attending the meeting in person. To virtually attend the bid opening, please use the Cisco Webex Meetings platform.

Virtual Meeting Details:

• WebEx Meeting Link: https://ppines.webex.com/meet/purchasing

• Cisco Webex Meeting Number: 717 019 586

• Join by Phone Number: +1-408-418-9388

The public may download the Cisco Webex Meetings app from https://www.webex.com/downloads.html/

To ensure an efficient meeting process, participants are requested to mute their audio and camera during the meeting. While the public is welcome to attend the virtual bid opening, please note that active participation and commenting will not be allowed during the proceedings.

For further information about the bid opening or assistance in accessing the virtual meeting, please contact:

Danny Benedit or other Procurement Staff in the Procurement Department City of Pembroke Pines 8300 South Palm Drive, Pembroke Pines, FL 33025 954-518-9022 or 954-518-9020 purchasing@ppines.com

1.2 PURPOSE

The City of Pembroke Pines is seeking proposals from qualified firms, hereinafter referred to as the Contractor, to provide the requested network cameras to the Technology Services Department, in accordance with the terms, conditions, and specifications contained in this solicitation.

1.2.1 BACKGROUND / ABOUT THE CITY OF PEMBROKE PINES

Pembroke Pines, Florida, ranked as the eleventh largest city among the state's four hundred plus municipalities and the second largest in Broward County, maintains a welcoming small-town ambiance that resonates with its residents. Located conveniently in southwest Broward County, the city provides seamless access to major highways, employment centers, entertainment venues, parks, golf courses, and a diverse array of dining and shopping options.

IFB #TS-24-12 SECTION 1 - INSTRUCTIONS Page 6

With a population of approximately 170,000 residents spread across 32.68 square miles, Pembroke Pines is renowned as one of the best cities to live in America. The city boasts 28 superior parks, lush landscaping, and a distinctive South Florida charm that contributes to its natural beauty. Notably recognized as 2024's Best Place to Raise a Family in Florida, and 2014's Best City of Hispanic Entrepreneurs by WalletHub, Pembroke Pines also earned a place as the on-Money Magazine's esteemed Best Places to Live list in 2014, as the sole Florida representative, ranking in at #32 in the nation.

Incorporated in 1960, Pembroke Pines is celebrated as a safe and desirable community, having received accolades such as the All-America City designation. The city's commitment to arts and culture, exceptional schools, diverse population, numerous parks, and forward-thinking approach in an ever-evolving world make it a standout destination.

Pembroke Pines is also the home to the largest municipal-run charter school system in the nation, serving over 6,000 students across five separate campuses. The City’s award-winning charter school system is located in the Broward County School District, which is the sixth largest school district in the nation.

1.3 SCOPE OF WORK

1.3.1 PROJECT DETAILS

The City is seeking prices for the following:

# Manufacturer Model Qty 1 Axis Q1808-LE 16 2 Axis P3738-PLE 16

Vendor(s) must quote the items as specified.

No substitutions will be accepted for any of the line items listed under the

Specifications section.

All professional services and/or labor will be done in-house.

1.4 PROJECT COST ESTIMATE & TIMELINE

Staff estimates this project to cost approximately $48,000.

Products shall be delivered within thirty (30) calendar days of the City’s issuance of a Purchase Order.

IFB #TS-24-12 SECTION 1 - INSTRUCTIONS Page 7

1.5 PROPOSAL REQUIREMENTS

The https://procurement.opengov.com/portal/pembrokepines website allows for vendors to complete, scan and upload their documents as part of the proposer’s submittal on the website.

Prospective proposers interested in responding to this solicitation are requested to provide all of the information listed in this section. Submittals that do not respond completely to all of the requirements specified herein may be considered non-responsive and eliminated from the process. Brevity and clarity are encouraged.

1.5.1 PROJECT COST: PRICING / BID TABLE(S)

1. Bid Table: The vendor must provide their pricing through the designated lines items listed on the pricing table that is available on the OpenGov website. Please follow the instructions given in this package and the website to enter the information on the OpenGov website.

2. The bid tables includes a “Vendor Notes” column for any additional comments regarding the requested line item(s). A comment is preferred in the “Vendor Notes” column. If the vendor does not need to submit any comments, they may leave it blank or enter N/A or similar.

3. Primary Responses: The primary responses table is for the vendor’s to submit the requested goods and/or services.

a. If the total cumulative base proposal amount does not exceed $200,000 and a Payment and Performance Bond is not required, please enter “0” on the “If Applicable, Cost for Payment and Performance Bond” column for each line item.

b. Below is a sample of the “Primary Responses” tab of the Bid Table:

IFB #TS-24-12 SECTION 1 - INSTRUCTIONS Page 8

1.5.2 SUBMITTAL DOCUMENTS

1. Project Documents

a. Proposer’s Background Information

2. Standard Documents The following documents are standard documents that the City generally requires for every solicitation. As a result, we recommend vendors to keep these documents updated and readily available so that they can be easily uploaded for each project that the vendor would like to participate in. In the event that the City does not have one of the forms or documents listed below for your company, the City may reach out to your company after the bid has closed to obtain the document(s). Please upload the following documents to the SUBMITTAL DOCUMENTS section:

a. Non-Collusive Affidavit

b. Sworn Statement on Public Entity Crimes Form

c. Equal Benefits Certification Form

d. Vendor Drug-Free Workplace Certification Form

e. Scrutinized Company Certification

f. E-Verify System Certification Statement

i. Effective January 1, 2021, pursuant to Section 448.095. Florida

Statues, the City may not enter into a contract with a vendor/contractor/subcontractor unless that vendor/contractor/subcontractor is registered with and uses the E- Verify system administered by the U.S. Department of Homeland Security (“DHS”).

ii. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract.

g. Veteran Owned Small Business Preference Certification

i. If claiming Veteran Owned Small Business Preference

Certification, business must attach the “Determination Letter” from the United States Department of Veteran Affairs Center for

IFB #TS-24-12 SECTION 1 - INSTRUCTIONS Page 9

Verification and Evaluation notifying the business that they have been approved as a Veteran Owned Small Business (VOSB).

ii. The Veteran Owned Small Business Preference Certification form must be completed by/for the proposer; the proposer WILL NOT qualify for Veteran Owned Small Business Preference based on their sub-contractors’ qualifications.

h. Local Vendor Preference Certification

i. Local Business Tax Receipts

j. Anti-Human Trafficking Affidavit

3. Optional Documentation

3.1. Trade Secrets

a. The Proposer’s response to this solicitation is a public record pursuant to Florida law, which is subject to disclosure by the City under the State of Florida Public Records Law, Florida Statutes Chapter 119.07 (“Public Records Law”). The City shall permit public access to all documents, papers, letters or other material submitted in connection with this solicitation and the Contract to be executed for this solicitation, subject to the provisions of Chapter 119.07 of the Florida Statutes.

b. Any language contained in the Proposer’s response to the solicitation purporting to require confidentiality of any portion of the Proposer’s response to the solicitation, except to the extent that certain information is in the City’s opinion a Trade Secret pursuant to Florida law, shall be void. If a Proposer submits any documents or other information to the City which the Proposer claims is Trade Secret information and exempt from Florida Statutes Chapter 119.07 (“Public Records Laws”), the Proposer shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt. The Proposer must specifically identify the exemption being claimed under Florida Statutes 119.07. The City shall be the final arbiter of whether any information contained in the Proposer’s response to the solicitation constitutes a Trade Secret.

c. EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE

BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW,

DO NOT MARK YOUR RESPONSE TO THE SOLICITATION AS

PROPRIETARY OR CONFIDENTIAL. DO NOT MARK YOUR

RESPONSE TO THE SOLICITATION OR ANY PART THEREOF

IFB #TS-24-12 SECTION 1 - INSTRUCTIONS Page 10

AS COPYRIGHTED. ALL DOCUMENTS THAT THE FIRM

PURPORTS TO BE CONFIDENTIAL, PROPRIETARY OR A

TRADE SECRET SHALL BE UPLOADED TO THE OPENGOV

WEBSITE AS A SEPARATE ATTACHMENT, IN THIS SECTION,

CLEARLY IDENTIFYING THE EXEMPTION BEING CLAIMED

UNDER FLORIDA STATUTES 119.07.

d. The city’s determination of whether an exemption applies shall be final, and the proposer agrees to defend, indemnify, and hold harmless the city and the city’s officers, employees, and agent, against any loss or damages incurred by any person or entity as a result of the city’s treatment of records as public records.

3.2. Financial Documents

a. The City is not requesting the vendor to submit any financial statements for this project and prefers if the vendor does not submit financial statements. In addition, if the City needs a copy of the vendor’s financial statements, the City can contact the vendor after the bid due date to request those documents. However, if the vendor does submit the financial statements, they should be uploaded in this section.

b. Any claim of confidentiality on financial statements must be asserted at the time of submittal. The firm must identify the specific statute that authorizes the exemption from the Public Records Law. Please note that the financial statement exemption provided for in Section 119.071(1)c, Florida Statutes only applies to submittals in response to a solicitation for a “public works” project.

3.3. Additional Information

a. Please provide any additional information that you deem necessary to complete your proposal in this section, if it has not been requested in another section.

1.7 EVALUATION OF PROPOSALS & PROCESS OF SELECTION

1.7.1 QUALIFYING & SELECTING FIRMS

1. Staff will evaluate all responsive proposals received from proposers who meet or exceed the bid requirements contained in the solicitation.

Evaluations shall be based upon the information and references contained in the proposals as submitted.

IFB #TS-24-12 SECTION 1 - INSTRUCTIONS Page 11

2. Staff will make a recommendation to the City Commission for award of

1.8 TENTATIVE SCHEDULE OF EVENTS

Event Time &/or Date Issuance of Solicitation (Posting Date) August 13, 2024 Pre-Bid Meeting Not Applicable Question Due Date August 26, 2024 Anticipated Date of Issuance for the Addenda with Questions and Answers

August 29, 2024

Proposals will be accepted until 2:00 p.m. on September 10, 2024 Proposals will be opened at 2:30 p.m. on September 10, 2024 Evaluation of Proposals by Staff TBD Recommendation of Contractor to City Commission award

TBD

1.9 SUBMISSION REQUIREMENTS

Bids/proposals must be submitted electronically at https://procurement.opengov.com/ portal/pembrokepines on or before 2:00 p.m. on September 10, 2024.

Please note vendors should be registered on OpenGov under the name of the organization that they are operating as and it should match the organization name on the documents that they are submitting and utilizing when responding to the solicitation.

In addition, the vendor must complete any required fields and documents on the https://procurement.opengov.com/portal/pembrokepines website and provide any additional information requested throughout this solicitation. Any additional information requested in the solicitation should be scanned and uploaded.

The City recommends for proposers to submit their proposals as soon as they are ready to do

so. Please allow ample time to submit your proposals on https://procurement.opengov .com/portal/pembrokepines. Proposals may be modified or withdrawn prior to the deadline for submitting Proposals. OpenGov Support is happy to help you with submitting your proposal and to ensure that you are submitting your proposals correctly, but we ask that you contact https://opengov.my.site.com/support/s/contactsupport with ample time before the bid closing date and time.

PLEASE DO NOT SUBMIT ANY PROPOSALS VIA MAIL, E-MAIL OR FAX.

IFB #TS-24-12 SECTION 2 - INSURANCE REQUIREMENTS Page 12

SECTION 2 - INSURANCE REQUIREMENTS

2.1 INDEMNIFICATION:

Yes No

☐ 2.1.1 General Indemnification: The CONTRACTOR shall indemnify and hold harmless the CITY and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the CITY or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by the CONTRACTOR or its employees, agents, servants, partners, principals or subcontractors. The CONTRACTOR shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the CITY, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys’ fees which may issue thereon. The CONTRACTOR expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the 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.

☐ 2.1.2 Indemnification for Design Professionals and Construction Contracts: The CONTRACTOR shall indemnify and hold harmless the CITY, its officers and employees from any and all liability, losses or damages, including reasonable attorneys' fees and costs of defense, which the CITY, its officers and employees, may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature to the extent such claims are caused by negligence, recklessness, or intentional wrongful conduct of the CONTRACTOR and other persons employed or utilized by CONTRACTOR during performance of this Agreement. The CONTRACTOR shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the CITY, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys’ fees which may issue thereon. The CONTRACTOR expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the 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.

2.2 CONTRACTOR shall not commence work under this Agreement until it has obtained all insurance required under this paragraph and such insurance has been approved by the Risk Manager of the CITY nor shall the CONTRACTOR allow any subcontractor to commence work on any subcontract until all similar such insurance required of the subcontractor has been obtained and similarly approved.

2.3 Certificates of Insurance, reflecting evidence of the required insurance, shall be filed with the CITY’s Risk Manager prior to the commencement of this Agreement. Policies shall be issued by companies authorized to do business under the laws of the State of Florida. The insurance company

IFB #TS-24-12 SECTION 2 - INSURANCE REQUIREMENTS Page 13 shall be rated no less than “A” as to management, and no less than “Class VI” as to financial strength according to the latest edition of Best’s Insurance Guide published by A.M. Best Company.

2.4 Certificates of Insurance shall provide for thirty (30) days’ prior written notice to the CITY in case of cancellation or material changes in the policy limits or coverage states. If the carrier cannot provide thirty (30) days’ notice of cancellation, either the CONTRACTOR or their Insurance Broker must agree to provide notice.

2.5 Insurance shall be in force until all obligations required to be fulfilled under the terms of the Agreement are satisfactorily completed as evidenced by the formal acceptance by the CITY. In the event the insurance certificate provided indicates that the insurance shall terminate and lapse during the period of this Agreement, the CONTRACTOR shall furnish, at least forty-five (45) days prior to the expiration of the date of such insurance, a renewed certificate of insurance as proof that equal and like coverage for the balance of the period of the Agreement and extension thereunder is in effect.

The CONTRACTOR shall neither commence nor continue to provide any services pursuant to this Agreement unless all required insurance remains in full force and effect. CONTRACTOR shall be liable to CITY for any lapses in service resulting from a gap in insurance coverage.

2.6 REQUIRED INSURANCE

CONTRACTOR shall be required to obtain all applicable insurance coverage, as indicated below, prior to commencing any work pursuant to this Agreement:

☐ 2.6.1 Comprehensive General Liability Insurance written on an occurrence basis including, but not limited to: coverage for bodily injury and property damage, personal & advertising injury, products & completed operations, and contractual liability. Coverage must be written on an occurrence basis, with limits of liability no less than:

1. Each Occurrence Limit - $1,000,000

2. Fire Damage Limit (Damage to rented premises) - $100,000

3. Personal & Advertising Injury Limit - $1,000,000

4. General Aggregate Limit - $2,000,000

5. Products & Completed Operations Aggregate Limit - $2,000,000

Products & Completed Operations Coverage shall be maintained for the later of three (3) years after the delivery of goods/services or final payment under the Agreement. (For Construction projects: Increase to ten (10) years and include a Designated Construction Project(s) General Aggregate Limit)

The City of Pembroke Pines must be shown as an additional insured with respect to this coverage. The CITY’s additional insured status shall extend to any coverage beyond the minimum limits of liability found herein.

IFB #TS-24-12 SECTION 2 - INSURANCE REQUIREMENTS Page 14

☐ 2.6.2 Workers’ Compensation and Employers’ Liability Insurance covering all employees, and/or volunteers of the CONTRACTOR engaged in the performance of the scope of work associated with this Agreement. In the case any work is sublet, the CONTRACTOR shall require the subcontractors similarly to provide Workers’ Compensation Insurance for all the latter’s employees unless such employees are covered by the protection afforded by the CONTRACTOR. Coverage for the CONTRACTOR and all subcontractors shall be in accordance with applicable state and/or federal laws that may apply to Workers’ Compensation Insurance with limits of liability no less than:

1. Workers’ Compensation: Coverage A – Statutory

2. Employers Liability: Coverage B $500,000 Each Accident

$500,000 Disease – Policy Limit $500,000 Disease – Each Employee

If CONTRACTOR claims to be exempt from this requirement, CONTRACTOR shall provide CITY proof of such exemption along with a written request for CITY to exempt CONTRACTOR, written on CONTRACTOR letterhead.

☐ 2.6.3 Comprehensive Auto Liability Insurance covering all owned, non-owned and hired vehicles used in connection with the performance of work under this Agreement, with a combined single limit of liability for bodily injury and property damage no less than:

1. Any Auto (Symbol 1) Combined Single Limit (Each Accident) - $1,000,000

2. Hired Autos (Symbol 8) Combined Single Limit (Each Accident) - $1,000,000

3. Non-Owned Autos (Symbol 9) Combined Single Limit (Each Accident) - $1,000,000

If work under this Agreement includes transportation of hazardous materials, policy shall include pollution liability coverage equivalent to that provided by the latest version of the ISO pollution liability broadened endorsement for auto and the latest version of the ISO Motor Carrier Act endorsement, equivalents or broader language.

☐ 2.6.3.1 If CONTRACTOR requests reduced limits under a Personal Auto Liability Policy and it is agreed to by the CITY, coverage shall include Bodily Injury limits of $100,000 per person/$300,000 per occurrence and Property Damage limits of $300,000 per occurrence

☐ 2.6.4 Umbrella/Excess Liability Insurance in the amount of $2,000,000.00 as determined appropriate by the CITY depending on the type of job and exposures contemplated.

Coverage must be follow form of the General Liability, Auto Liability and Employer’s

IFB #TS-24-12 SECTION 2 - INSURANCE REQUIREMENTS Page 15

Liability. This coverage shall be maintained for a period of no less than the later of three

(3) years after the delivery of goods/services or final payment pursuant to this Agreement.

The City of Pembroke Pines must be shown as an additional insured with respect to

☐ 2.6.5 Environmental/Pollution Liability insurance shall be required with a limit of no less than $1,000,000 per wrongful act. Coverage shall include: CONTRACTOR’s completed operations, sudden, accidental and gradual pollution conditions. This coverage shall be maintained for a period of no less than the later of three (3) years after the delivery of goods/services or final payment pursuant to this Agreement. Retroactive date, if any, to be no later than the first day of service to the CITY. (Limit to align with size and scope of the Agreement and exposure inherent with operation/services being performed. For Construction projects: Increase to ten (10) years)

☐ 2.6.6 Cyber Liability including Network Security and Privacy Liability with a limit of liability no less than $1,000,000 per loss. Coverage shall include liability arising from:

theft, dissemination and/or use of confidential information stored or transmitted in electronic form, unauthorized access to, use of, or tampering with computer systems, including hacker attacks or inability of an authorized third party to gain access to your services, including denial of service, and the introduction of a computer virus into, or otherwise causing damage to, a customer’s or third person’s computer, computer system, network, or similar computer-related property and the data, software and programs thereon.

If vendor is collecting credit card information, it shall cover all PCI breach expenses.

Coverage is to include the various state monitoring and state required remediation as well as meet the various state notification requirements. This coverage shall be maintained for a period of no less than the later of three (3) years after delivery of goods/services or final payment of the Agreement. Retroactive date, if any, to be no later than the first day of service to the CITY.

☐ 2.6.7 Crime Coverage shall include employee dishonesty, forgery or alteration, and computer fraud in an amount of no less than $1,000,000 per loss. If CONTRACTOR is physically located on CITY’s premises, a third-party fidelity coverage extension shall apply.

IFB #TS-24-12 SECTION 2 - INSURANCE REQUIREMENTS Page 16

☐ 2.6.8 Garage Liability & Garage-keepers Legal Liability for those that manage parking lots for the CITY or service CITY vehicles. Coverage must be written on an occurrence basis, with limits of liability no less than $1,000,000 per Occurrence, including products & completed operations. This coverage shall be maintained for a period of no less than the later of three (3) years after the delivery of goods/services or final payment of this Agreement.

☐ 2.6.9 Liquor Liability for those in the business of selling, serving or furnishing of any alcoholic beverages, whether licensed or not, shall carry a limit of liability of no less than $1,000,000 per occurrence. Coverage shall be maintained for the later of three (3) years after the delivery of goods/services or final payment under the Agreement.

☐ 2.6.10 Sexual Abuse & Molestation for any agreement involving a vulnerable population.

Limits shall be no less than $500,000 per occurrence. This coverage shall be maintained for a period of no less than the later of three (3) years after the delivery of goods/services or final payment of this Agreement. Retroactive date, if any, to be no later than the first day of service to the CITY. (Limit to align with size and scope of the Agreement and exposure inherent with operation/services being performed.)

☐ 2.6.11 Builder’s Risk Insurance shall be “All Risk” for one hundred percent (100%) of the completed value of the project that is the subject of this Agreement with a deductible of not more than five percent (5%) for Named Windstorm and $20,000 per claim for all other perils. The Builder’s Risk Insurance shall include interests of the CITY, the CONTRACTOR and subcontractors of the project. The CONTRACTOR shall include a separate line item for all costs associated with the Builder’s Risk Insurance Coverage for the project. The CITY reserves the right at its sole discretion to utilize the CONTRACTOR’s Builder’s Risk Insurance or for the CITY to purchase its own Builder’s Risk Insurance for the Project. Prior to the CONTRACTOR purchasing the Builder’s Risk insurance for the project, the CONTRACTOR shall allow the CITY the opportunity to

IFB #TS-24-12 SECTION 2 - INSURANCE REQUIREMENTS Page 17 analyze the CONTRACTOR’s coverage and determine who shall purchase the coverage.

Should the CITY utilize the CONTRACTOR’s Builder’s Risk Insurance, the CONTRACTOR shall be responsible for all deductibles. If the CITY chooses to purchase the Builder’s Risk Coverage on the project, the CONTRACTOR shall provide the CITY with a change order deduct for all premiums and costs associated with the Builder’s Risk insurance in their schedule. Should the CITY choose to utilize the CITY’s Builder’s Risk Program, the CITY shall be responsible for the Named Windstorm Deductible and the CONTRACTOR shall be responsible for the All Other Perils Deductible.

If and when 100% is not available or reasonable, the CITY Risk Manager is to make the determination as to what limits are appropriate for the given project.

☐ 2.6.12 Other Insurance

2.7 REQUIRED ENDORSEMENTS

2.7.1 The City of Pembroke Pines shall be named as an Additional Insured on each of the Liability Policies required herein.

2.7.2 Waiver of all Rights of Subrogation against the CITY.

2.7.3 Thirty (30) Day Notice of Cancellation or Non-Renewal to the CITY.

2.7.4 CONTRACTOR’s policies shall be Primary & Non-Contributory.

2.7.5 All policies shall contain a “severability of interest” or “cross liability” clause without obligation for premium payment of the CITY.

2.7.6 The City of Pembroke Pines shall be named as a Loss Payee on all Property and/or Inland Marine Policies as their interest may appear.

2.8 Any and all insurance required of the CONTRACTOR pursuant to this Agreement must also be required by any subcontractor in the same limits and with all requirements as provided herein, including naming the CITY as an additional insured, in any work that is subcontracted unless such subcontractor is covered by the protection afforded by the CONTRACTOR and provided proof of such coverage is provided to CITY. The CONTRACTOR and any subcontractors shall maintain such policies during the term of this Agreement.

2.9 The CITY reserves the right to require any other additional types of insurance coverage and/or higher limits of liability it deems necessary based on the nature of work being performed under this Agreement.

2.10 The insurance requirements specified in this Agreement are minimum requirements and in no way reduce any liability the CONTRACTOR has assumed in the indemnification/hold harmless section(s) of this Agreement.

IFB #TS-24-12 SECTION 3 - GENERAL TERMS & CONDITIONS Page 18

SECTION 3 - GENERAL TERMS &

CONDITIONS

3.1 EXAMINATION OF CONTRACT

DOCUMENTS

Before submitting a Proposal, each Proposer should (a) consider federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost or performance of the work, (b) study and carefully correlate the Proposer's observations with the Proposal Documents;

and (c) notify the Purchasing Manager of all conflicts, errors and discrepancies, if any, in the Proposal Documents.

The Proposer, by and through the submission of a Proposal, agrees that Proposer shall be held responsible for having familiarized themselves with the nature and extent of the work and any local conditions that may affect the work to be done and the services, equipment, materials, parts and labor required.

3.2 CONFLICT OF INSTRUCTIONS

If a conflict exists between the General Conditions and Instructions stated herein and specific conditions and instructions contained in specifications, the specifications shall govern.

3.3 ADDENDA or ADDENDUM

A formal solicitation may require an Addendum to be issued. An addendum in some way may clarify, correct or change the original solicitation (i.e. due date/time, specifications, terms, conditions, line item).

Vendors submitting a proposal should check the OpenGov website for any addenda issued. Vendors are cautioned not to consider verbal modifications to the solicitation, as the addendum issued through OpenGov will be the only official method whereby changes will be made.

3.4 INTERPRETATIONS AND

QUESTIONS

If the Proposer is in doubt as to the meaning of any of the Proposal Documents, is of the opinion that the Conditions and Specifications contain errors or contradictions or reflect omissions, or has any question concerning the conditions and specifications, the Proposer shall submit a question for interpretation or clarification.

The City requires all questions relating to the solicitation be submitted through the City's e- Procurement Portal on the https://procurement.opengov.com/portal/pe mbrokepines website for the specific project.

Please note the deadline for submitting inquiries. All answers to inquiries will be posted on the City's e-Procurement Portal.

Bidders may also click “Follow” on this solicitation to receive an email notification(s) when answers are posted. It is the responsibility of the bidder to check the website for answers to inquiries. The issuance of a response via the e- Procurement Portal is considered an Addendum and shall be the only official method whereby such an interpretation or clarification will be made.

OpenGov Support is also available to assist proposers with submitting their proposal and to ensure that proposers are submitting their proposals correctly. Proposers should ensure that they contact OpenGov support at https://procurement.opengov.com/portal/pe mbrokepines with ample time before the bid closing date and time.

For all other questions related to this solicitation, please contact the Purchasing Department at purchasing@ppines.com.

3.5 RULES, REGULATIONS, LAWS,

ORDINANCES and LICENSES

The awarded contractor shall observe and obey all laws, ordinances, rules, and regulations of the federal, state, and CITY, which may be applicable to the service being provided. The awarded firm shall have or be responsible for obtaining all necessary

IFB #TS-24-12 SECTION 3 - GENERAL TERMS & CONDITIONS Page 19 permits or licenses required, if necessary, in order to provide this service.

Proposer warrants by submittal that prices quoted here are in conformity with the latest federal price guidelines, if any.

3.6 WARRANTIES FOR USAGE

Whenever a bid is sought, seeking a source of supply for a specified time for materials or service, the quantities or usage shown are estimated only. No guarantee or warranty is given or implied by the City as to the total amount that may or may not be purchased from any resulting contracts. These quantities are for proposer’s information only and will be used for tabulation and presentation of bid.

3.7 BRAND NAMES

If and wherever in the specifications a brand name, make, name of manufacturer, trade name, or vendor catalog number is mentioned, it is for the purpose of establishing a grade or quality of material only. Since the City does not wish to rule out other competition and equal brands or makes, the phrase “OR EQUAL” is added.

However, if a product other than that specified is bid, Proposers shall indicate on their proposal and clearly state the proposed substitution and deviation. It is the vendor’s responsibility to provide any necessary documentation and samples within their bid submittal to prove that the product is equal to that specified. Such samples are to be furnished before the date of bid opening, unless otherwise specified. Additional evidence in the form of documentation and samples may be requested if the proposed brand is other than that specified. The City retains the right to determine if the proposed brand shall be considered as an approved equivalent or not.

3.8 QUALITY

All materials used for the manufacture or construction of any supplies, materials, or equipment covered by this bid shall be new, the latest model, of the best quality, and highest grade workmanship, unless otherwise noted.

3.9 SAMPLES

Samples, when requested, must be furnished before, or at the bid opening, unless otherwise specified, and delivered free of expense to the City and if not used in testing or destroyed, will upon request within thirty (30) days of bid award be returned at the proposer’s expense.

3.10 ESTIMATED QUANITIES

No guarantee is expressed or implied as to the total quantity of commodities/services to be purchased pursuant to this solicitation.

Estimated quantities will be used for comparison and ranking purposes only. The City is not obligated to contract for a given amount of commodities/services subsequent to the award of this solicitation. The City reserves the right to issue separate purchase orders as needed, issue a blanket purchase order, and release partial quantities, or any combination of the preceding as deemed necessary by the City.

3.11 DEVELOPMENT COSTS

Neither the City nor its representatives shall be liable for any expenses incurred in connection with the preparation, submission or presentation of a Bid in response to this solicitation. All information in the Bid shall be provided at no cost to the City.

3.12 PRICING

Prices should be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the unit prices quoted will govern.

Proposer warrants by virtue of bidding that prices, terms, and conditions quoted in his bid will be firm for acceptance for a period of ninety (90) days from date of bid opening

IFB #TS-24-12 SECTION 3 - GENERAL TERMS & CONDITIONS Page 20 unless otherwise stated by the City or proposer.

3.13 DELIVERY POINT

All items shall be delivered F.O.B.

destination, and delivery cost and charges included in the bid price. Failure to do so may be cause for rejection of bid.

3.14 TAX EXEMPT STATUS

The City is exempt from Florida Sales and Federal Excise taxes on direct purchase of tangible property.

3.15 CONTRACT TIME

By virtue of the submission of the Proposal, Proposer agrees and fully understands that the completion time of the work of the Contract is an essential and material condition of the Contract and that time is of the essence. The Successful Proposer agrees that all work shall be prosecuted regularly, diligently and uninterrupted at such rate of progress as will ensure full completion thereof within the time specified. Failure to complete the work within the time period specified shall be considered a default.

In addition, time will be of the essence for any orders placed as a result of this bid.

Purchaser reserves the right to cancel such orders, or part thereof, without obligation if delivery is not made at the time(s) or place(s) specified.

3.16 COPYRIGHT OR PATENT RIGHTS

Proposer warrants that there have been no violations of copyrights or patent rights in manufacturing, producing, or selling other goods shipped or ordered as a result of this bid, and seller agrees to hold the purchaser harmless from any and all liability, loss or expense occasioned by such violation.

3.17 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 bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids 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.”

The Public Entity Crime Affidavit Form, in the Vendor Registration module on the OpenGov website, includes documentation that shall be executed by an individual authorized to bind the Proposer. The Proposer further understands and accepts that any contract issued as a result of this solicitation shall be either voidable or subject to immediate termination by the City. In the event there is any misrepresentation or lack of compliance with the mandates of Section

287.133 or Section 287.134, respectively, Florida Statutes. The City in the event in such termination, shall not incur any liability to the Proposer for any goods, services or materials furnished.

3.18 CONFLICT OF INTEREST

The award of any contract hereunder is subject to the provisions of Chapter 112, Florida Statutes. Proposers must disclose with their Proposal the name of any officer, director, partner, proprietor, associate or agent who is also an officer or employee of CITY or any of its agencies. Further, all Proposers must disclose the name of any officer or employee of CITY who owns, directly or indirectly, an interest of five percent (5%) or more in the Proposer 's firm or any of its branches or affiliate companies.

3.19 FACILITIES

IFB #TS-24-12 SECTION 3 - GENERAL TERMS & CONDITIONS Page 21

The City reserves the right to inspect the Proposer’s facilities at any time with prior notice.

3.20 ENVIRONMENTAL REGULATIONS

CITY reserves the right to consider Proposer’s history of citations and/or violations of environmental regulations in determining a Proposer’s responsibility, and further reserves the right to declare a Proposer not responsible if the history of violations warrant such determination.

Proposer shall submit with the Proposal, a complete history of all citations and/or violations, notices and dispositions thereof.

The non-submission of any such documentation shall be deemed to be an affirmation by the Proposer that there are no citations or violations. Proposer shall notify CITY immediately of notice of any citation or violation that Proposer may receive after the Proposal opening date and during the time of performance of any contract awarded to Proposers.

3.21 SIGNATURE REQUIRED

All proposals must be signed with the firm name and by an officer or employee having authority to bind the company or firm by his signature. FAILURE TO PROPERLY SIGN

PROPOSAL SHALL INVALIDATE SAME,

AND IT MAY NOT BE CONSIDERED FOR

AWARD.

The individual executing this Bid on behalf of the Company warrant to the City that the Company is authorized to do business in the State of Florida, is in good standing and that Company possesses all of the required licenses and certificates of competency required by the State of Florida and Broward County to provide the goods or perform the services herein described.

The signed bid shall be considered an offer on the part of the proposer or contractor, which offer shall be deemed accepted upon approval by the City Commission of the City of Pembroke Pines and in case of default on the part of the proposer or contractor after such acceptance, the City of Pembroke Pines may take such action as it deems appropriate including legal action for damages or specific performance.

3.22 MANUFACTURER’S

CERTIFICATION

The City of Pembroke Pines reserves the right to request from proposer separate manufacturer certification of all statements made in the proposal.

3.23 MODIFICATION OR

WITHDRAWAL OF PROPOSAL

The City recommends for proposers to submit their proposals as soon as they are ready to do so. Please allow ample time to submit your proposals on the OpenGov website. Proposals may be modified or withdrawn prior to the deadline for submitting Proposals.

3.24 PUBLIC BID; BID OPENING AND

GENERAL EXEMPTIONS

All submittals received by the deadline will be recorded, and will subsequently be publicly opened on the same business day at 2:30 p.m. at the office of the City Clerk, 4th Floor, 601 City Center Way, Pembroke Pines, Florida, 33025.

All Proposals received from Proposers in response to the solicitation will become the property of CITY and will not be returned to the Proposers. In the event of Contract award, all documentation produced as part of the Contract shall become the exclusive property of CITY. Proposers are requested to identify specifically any information contained in their Proposals which they consider confidential and/or proprietary and which they believe to be exempt from disclosure, citing specifically the applicable exempting law.

Pursuant to Section 119.071 of the Florida Statutes, sealed bids, proposals, or replies received by a Florida public agency shall

IFB #TS-24-12 SECTION 3 - GENERAL TERMS & CONDITIONS Page 22 remain exempt from disclosure until an intended decision is announced or until 30 days from the opening, whichever is earlier.

Therefore, proposers will not be able to procure a copy of their competitor's bids until an intended decision is reached or 30 days has elapsed since the time of the bid opening.

However, pursuant to Section 255.0518 of the Florida Statutes, when opening sealed bids that are received pursuant to a competitive solicitation for construction or repairs on a public building or public work, the entity shall:

(a) Open the sealed bids at a public meeting.

(b) Announce at that meeting the name of each bidder and the price submitted in the bid.

(c) Make available upon request the name of each bidder and the price submitted in the bid.

For solicitations that are not for “construction or repairs on a public building or public work” the City shall not reveal the prices submitted in the bids until an intended decision is announced or until 30 days from the opening, whichever is earlier.

3.25 RESERVATIONS FOR REJECTION

AND AWARD

The City of Pembroke Pines reserves the right to accept or reject any and all bids or parts of bids, to waive irregularities and technicalities, and to request rebids. The City also reserves the right to award a contract on such items(s) or service(s) the City deems will best serve its interests. All bids shall be awarded to the most responsive/responsible proposer, provided the (City) may for good cause reject any bid or part thereof. It further reserves the right to award a contract on a split order basis, or such combinations as shall best serve the interests of the City unless otherwise specified. No premiums, rebates or gratuities permitted, either with, prior to, or after award. This practice shall result in the cancellation of said award and/or return of items (as applicable) and the recommended removal of proposer from bid list(s).

3.26 BID PROTEST

Any protests or challenges to this competitive procurement shall be governed by Section 35.38 of the City’s Code of…