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Fast Dry Courts, Inc. Certification of Contract $43,970 MIAMI[BEACH CITY OF MAIMI BEACH -CERTIFICATION OF CONTRACT to TITLE: Resurfacing and Scarifying Tennis --Courts at. North Shore Tennis Center CONTRACT NO.: -2013-404-ITB-L-R -EFFECTIVE DATE(S): The City will issue a first notice to proceed after award and execution of contract notifying contractor to commence °scheduling activities, permit applications, and other-pertinent work. SUPERSEDES: N/A --CONTRACTOR(S): Fast Dry Courts Inc. ESTIMATED ANNUAL CONTRACT AMOUNT: $43,970 A. AUTHORITY - Upon affirmative action taken by the Mayor and City Commission of the City of Miami .-Beach, Florida, on October 16, -2013, for approval to award a -contract, upon execution between the City of Miami Beach, Florida, and Contractor. B. EFFECT - This Contract is entered into to provide for resurfacing and scarifying tennis courts at North Shore Tennis Center pursuant to City Invitation to Bid No. 2013-4041TB- LR and any addenda thereto (the ITB), and Contractor's bid in response thereto (this ---Contract,—ttre-ITB Certification of Contract Contractor warrants and repr=esents that all -persons providing/perf-orming any supplies, work, and/or services required by the Contract -Documents have the knowledge and skills, either by training, experience, education, or a-.combination thereof, to adequately and competently provide/perform same, or services to City's satisfaction, for the agreed compensation. 'Contractor shall provide/perform the supplies, work,-and/or services required under the Contract Documents in a skillful and -respectable manner. The quality of the Contractor's performance and all interim and final product(s) and /or work provided to or on behalf of - City shall be comparable to the best local and national standards. -C. SERVICE EXCELLENCE STANDARDS =Excellent-Customer Service is the standard of the City of Miami Beach. As a -Contractor of=the City, -Contractor will be required to conduct itself in a-professional, courteous and ethical manner, and at all times adhere to the City's Service .Excellence standards. Training will be provided by the City's Organizational.Development and Training Specialist. H. PUBLIC ENTITY CRIMES m In accordance with-the-Public Crimes Act, Section 287.133, Florida Statutes, a person or affiliate who is a contractor, consultant or other provider, 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 the -City, may not-submit a bid on a contract with the-City for the construction or repair of a public building or public work, may not submit-bids on leases of real property to the City, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the City, and may not transact any business with the -City in excess of the threshold amount provided in Section 2871017, Florida Statutes, for -- category-two-purchase-s-for-a-period-of-3o-months-fronrthe date of-being-placed-on-th convicted vendor list. Violation of this section by Contractor shall result in cancellation of the Contract and may result in Contractor debarment. I. INDEPENDENT CONTRACTOR Contractor is an independent contractor under this Contract. Supplies, work, and/or services, provided by Contractor pursuant to the Contract Documents shall be subject to the supervision of-Contractor. In providing such -supplies, work, and/or services, neither Contractor nor its agents shall act as officers, employees, or agents of the City. This-Contract shall not constitute or make the parties a partnership or joint venture. J. THIRD PARTY BENEFICIARIES - Neither Contractor nor City intends to directly or substantially benefit a third party by this Contract and/or the Contract Documents. Therefore, the parties agree that there are no third -party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract and/or the Contract Documents. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third -person or entity under this -Contract and/or the Contract Documents. 2 Certification of-Contract K. NOTICES - Whenever either party desires to give notice to the other, such notice must be in writing, sent by -certified United States Mail, postage prepaid, return receipt requested, or by hand-delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner -provided in this -section. For the present, the parties designate the following: f-or.City: Alex Denis, Procurement Director City of Miami Beach Department of Procurement Management 1700 Convention Center Drive Miami Beach, Florida 33139 With copies to: City Clerk City Clerk Office 1700 Convention Center Drive Miami Beach, Florida 33139 For Contractor: fast-Dry Courts, Inc. 1-400-I.W.-1-3 Avenue Pompano Beach, Florida 33069 Attn: Stephen N. Dettor Phone: 954-444-1208 Fax: 954-973-0914 E-mail: steve a,fast-dry.com; david a,fastdiw.com L. MATERIALITY AND WAIVER OF BREACH - City and Contractor agree that each requirement, duty, and obligation set forth in the Contract Documents is substantial and important to the formation of this Contract and, therefore, is a material term hereof. City's failure to enforce any provision of the Contract Documents shall not be deemed a waiver of such provision or modification of this Contract. A waiver of any breach of a provision of this Contract shall not be deemed a waiver-of any subsequent breach and shall not be construed to be a modification of the terms of this Contract. M. SEVERANCE - In the event a portion of this-Contract and/or the Contract Documents is found by a court of competent jurisdiction to be invalid, the remaining -provisions shall continue to be effective unless City or Contractor elects to terminate this Contract. An election to terminate this Contract based upon this provision shall be made within seven (7)days after the finding by the court becomes-final. Certification of Contract N. APPLICABLE LAW AND VENUE - This Contract and/or the Contract Documents shall be enforceable in Miami-Dade-County, Florida, and if legal action is necessary by-either party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami-Dade-County,-Florida. By entering into this Contract, Contractor and City hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Contract and/or the Contract Documents. Contractor, shall specifically bind all subcontractors to the provisions of this Contract and the Contract Documents. -0. AMENDMENTS - No modification, amendment, or alteration in the terms or,conditions contained herein, or in the Contract Documents, shall be effective unless-contained in a written document prepared with the same or similar formality as this Contract and executed by the City and Contractor. P. This-Contract shall not be effective until all bonds and insurance(s) required under the -Contract Documents have been submitted to, and approved-by, the City's Risk Manager. Q. The ITB and Contractor's bid in response thereto, are attached to this Contract and are hereby adopted by reference and incorporated herein as if fully set forth in this Contract. Accordingly, Contractor agrees to abide by and be bound by any and all of the documents incorporated by the Contract Documents. Where there is a conflict between any provision set forth within-(i) this Contract; (ii) the ITB; and /or (iii) Contractor's bid in response thereto, the more stringent provision (as enforced by the City) shall prevail. 4 i I Certification of Contract IN WITNESS WHEREOF the City and Contractor have caused this Certification of Contract to be signed and attested on this _� "day of 20a, by their respective duly authorized representatives. CONTRACTOR -CITY OF MIAMI BEACH . i By By . President/Signature Mayor n7we_ Print Name Date 1,1111411/1 -3 i /Date ATTEST: ATTEST: i Secretary/Signature City Clerk 41-41 01 Print Name Date Date ..- INCUR°I ORATED= ' F:\PURC\$ALL\Solicitations\2013\2013-404LR-ITB-Resurfacing and Scarifying Tennis Courts\Contract12013-40 -1 -LR Fast Dry Courts.doc i 1 APPROVED AS TO FORM & LANGUAGE &-FOR EXECUTION Cottorng Date 5 COMMISSiON ITEM SUMMARY Condensed Title: Request For Approval To Award A Contract, Pursuant To Invitation To Bid No. 404-20131_R,for The Resurfacin2 And Scarifying Tennis Courts At North Shore Tennis Center. Key Intended Outcome S orted: Increase satisfaction with recreational programs. Supporting DataASurveys, Environmental Scan,etc.) Item Summa /Recommendation: Ten(10)Hydrog rid courts and two(2)hard surface tennis courts are located at the North Shore Tennis Center. These courts need to be resurfaced and scarified as part of their requited periodic upgrades and maintenance. The purpose of Invitation to Bid{ITS)404 2013LR was to establish a contract by means -of competitive sealed bids to a qualified provider for the resurfacing and scarifying of the tennis courts at North Shore Tennis-Center. These services required per the-contract will include the following:removal of old lines and nails, and installation of new herringbone line tape; patch low areas at baseline; laser grade courts; apply proper court surface material;and replace all net posts and nets. ITB PROCESS Invitation to Sid (ITS) 404-2013LR was issued on August 22, 2013, with an opening date of September 19,2013. A site visit was scheduled for August 29,2013. The Public Group issued bid notices and fourteen(14)bidders accessed the advertised solicitation which resulted in the receipt of the following two�2)bids: , • Fast-Dry Courts, Inc. $43,970.00 ® Welch Tennis Courts, Inc. $51,660.00 Neither vendor is eligible for veteran or local preferences. Fast Dry Courts, Inc. is the lowest responsive and responsible bidder in accordance with the requirements of the ITB. RE-COMMENDATION The Administration recommends the award of the-contract to-fast--Dry•Courts, Inc., the lowest � responsive, responsible bidder pursuant to Invitation to Bid(ITB)404-2013,for the resurfacing and scarifying of the tennis courts at North Shore Tennis Center. Advisory Board Recommendation: financial Information: Source of Amount Account Funds: 1 $33,000 363-6114-000676 2 $10,970 011-0950-000343 3 ' OBPI Total $431970 Financial Impact Summary: C' -Clerk's Office Legislative Tracking: Sign-Offs. apartment® ctor a Ity IUIa gar _ ty Manager AD JR IVIT :. KGB I JLM MIAMIAGENDA ITEM SATE BEACH ��o-fib-r 133 ® MI AM I BEACH v City of Miami Bch, 170OConvention Center Drive,Nam;Beach,Florida 33139,www.rniarnibe0chk9ov -CO 1SSION ^MORAI�'DUM TO: Mayor Matti' ArPera Boyer and I _ err of ity Commission ROM: Jimmy L. Morales,-City Manager DATE: October 16, 2013 SUBJECT: REQUEST f OR APPROVAL TO AWARD A CONTRACT, PURSUANT TO INVITATION TO BID NO. 404-20131-11, FOR THE RESURFACING AND SCARIFYING TENNIS COURTS AT NORTH SHORE TENNIS CENTER. ADMINISTRATION RECOMMENDATION Approve the award of contract. KEY INTENDED OUTCOME SUPPORTED Increase satisfaction with recreational programs. FUNDING Account Code No.0 383 114-000676$33,000 Account-Code Igo.m 011-090000343$10,970 BACKGROUND Ten(1-0)Hydrogrid,courts and two�2)hard surface tennis courts are located at the North Shore Tennis Center. These courts need to be resurfaced and'scarified as part of their -required periodic upgrades and maintenance. The purpose of Invitation to Bid-(ITB)404-2013LR was to establish a contract by means of competitive sealed bids to a qualified provider for the resurfacing and scarifying of the tennis courts at North Shore Tennis Center. These services required per the contract will include the following: removal of old lines and nails, and installation of new herringbone line tape; patch low areas at baseline; laser grade courts; apply proper court surface material; and replace all net posts and nets. ITB PROCESS Invitation to Bid (IT`B) 404-2013LR was issued on August 22, 2013, with an opening date of September 19, 2013. A site visit was scheduled for August 29, 2013. The Public Group issued bid notices and Fourteen (14) bidders accessed the advertised solicitation which resulted in the receipt of the following two(2) bids: • Fast�Dry-Courts, Inc. $43,970.00 • Welch Tennis Courts, Inc. $0 1,660.00 Neither vendor is eligible for veteran or local preferences. Fast-Dry--,Courts, Inc. is the lowest responsive and responsible bidder in accordance with the requirements of the ITB. 134 Commission Memorandum a ITS 404-2013 a Resurfacing and Scarifying Tennis Courts at North Shore Tennis Center October 16, 2013 Page 2 Fast-Dry-Courts, Inc. has been in business for 26 years.The following is a brief summary of the experience of the company: ® City of Miramar Lake Shore Park- rebuild and laser grade six(6)har-tru courts. ® City of°Ft. Lauderdale Jimmy Evert Tennis--Center — resurface eighteen (13) -har4ru Courts consisting of cleaning -surface, removal of old lines and nails, apply new court material, and installation of new tapes and nails. Boca West Country Club®laser taper resurface tnitirty-three..(33) courts and applying six (6)tons of-court material per court. CITY MANAGER'S DUE DILIGEIVC.E After considering the review and recommendation of City staff, the City Manager exercised his due diligence and considered the specifics of this ITB process. As a result, the City Manager -recommends to the Mayor and City Commission award the contract to Fast-DryCourts Inc., the lowest responsive and responsible bidder. CONCLUSION The Administration recommends the award of the contract to -Fast-Dry Courts Inc., the lowest responsive, responsible bidder pursuant to Invitation to Bid (ITS) 404-2013, for the resurfacing and scarifying of the tennis courts at North Shore Tennis Center. JLM/MTII{ IAD T.AAGENDA120IMdober 16\ProcurementUB 404-2013LR - Resurfacing and Scarffying Tennis Courts at North Shore Tennis Center -MEMO.docc 135 :: i i THIS PAGE INTENTIONALLY LEFT BLANK 136 INVITATION TO BID (ITB RESURFACING AND SCARIFYING TENNIS COURTS AT NORTH SHORE TENNIS CENTER ITB No. 404- 013L ITB Due Date: September 190 2013 AT 3:00 P.M. CONTACT PERSON: Lourdes Rodriguez, CPPB, Procurement Coordinator DEPARTMENT Of PROCUREMENT MANAGEMENT 1700 Convention Center Drive, Miami Beach, FL 33139 Y~.miamibeachfl.gov C H' AM 1 b" EA MIAMIBEACH City of Miami Beach,1700 Convention•Center•Drive,Miami Beach,Florida 33139,www.miamibeachfi.gov DEPARTMENT OF PROCUREMENT MANAGEMENT Tel:305--673-7000 ext.6652,-Fax:786-394-4075 NOTICE ®f 6 AtO BID" Vendors not submitting a response to this solicitation are requested to detach this sheet-from the bid documents,-complete the information requested, and return to the address listed above prior to the bid opening date. Failure to submit this No Bid form may result in vendor being removed from future bid notifications. NO BID SUBMITTED FOR REASON(S)INDICATED BELOW: 'Firm does not provide the requested product or service. Firm cannot complete the work within the time specified and within the budgeted amount. Firm is not interested in bidding at this time for other reasons. Other: Comments: We do—do not_want to be retained on your mailing list'for future bids for this type or product and/or service. Signature: Name&Title: -Company; ITS 404.2013-LR RESURFACING AND SCARIFYINGTENNIS COURTS AT NORTH SHORE PARK TENNIS CENTER 1.0 SPECIAL CONDITIONS 1.1 PURPOSE:The purpose of this IT-B is to.establish a-contract,-by means of sealed bids,with a qualified firm(s)to provide all materials, labor, applicable fees and permits for the-Resurfacing and'Scarifying of Tennis Courts at North Shore Tennis Center, for the Department of'Parks&Recreation, in accordance with the prescribed specifications and requirements. Interested vendors are invited to submit bids in response to this ITB. 1.2 SITE VISIT: A voluntary Site-Visit is scheduled for August 29, 2013, at 1:00 p.m. at the following address: North Shore Park`I ennis Center 50172 Street Miami Beach,Florida 33139 1.2 TERM OF-CONTRACT:INTf-NTIONALLY OMMITTED. 1.2 BID SUBMITTAL AND DUCE DATE: Bid-submittals-should include one original bid,five copies and one electronic version�LD-Ram or°Flash Drive). Bids must be received, in a sealed package clearly marked with ITB number and title,at 3 p.m.on or-before September 19,2013,at the following location: Department of Procurement Management 3rd Floor,City of Miami Beach City-Hall 1700 Convention Center-Drive Miami Beach,-Florida 33139 Sids_not_received_by_thedue date_and_time_will_not_be consi.der_ed. _ Bid proposal package should be organized in the following manner: TAB 1: Appendix A, 'Proposal Certification, Questionnaire & Requirements Affidavit,including all'supporting documents. TAB 2: Appendix,C, Cost"Proposal 1.4 CONTACT PERSON:Any questions or clarifications-concerning this Invitation to Bid shall be submitted to the Department of Procurement Management in writing to Lourdes Rodriguez, by e-mail: LourdesRoddguez@miamibeachfl.gov , or facsimile: 786-394-4075 with a copy to the'City Clerk's Office, Rafael E. Granado via e-mail: RafaelGranado�miamibeachfiAov ; or facsimile: 786-394-4188. The Bid title/number shall be referenced on all correspondence. All_questions or requests for clarification must be received no later than seven J)ocalendar days-prior to the scheduled-Bid opening date. All.responses to questions/clarifications will be sent to all prospective bidders in the form of an addendum. 3 Mdk,^vl i BEACH ITS 404.2013•LR RESURFACING AND SCARIFYING TENNIS LCOURT-S AT NORTH SHORE PARK TENNIS CENTER 1:5 aPECIAL NOTICES:You are hereby advised that this solicitation is�subject-tothe=fallowing ordinances/resolutions,which may be found on the City-Of Miami Beach websfti: htto://web.miamibeachfl.oov/.-orocuremenUscroll.asDx?id=23510 ® -CONE OF SILENCE---ORDINANCE NO.2002-3378 • CAMPAIGN CONTRIBJUTIONS BY CONT-RACTORSORDINANCE NO.2.003-3389. • ,00DE OF BUSINESS­ETHICS-RESOLUTION NO.2000-23879. • 'DEBARMENT PROCEEDINGS--ORDINANCE N0_2000-3234. • -P,ROIEST PROvEDURES--ORDINANCE NO.2002-3344. • -LOBBYIST REGISTRATION AND DISCLOSURE OF-FEES--ORDINANCE NO.-2002-3363 • LIVING WAGE ORDINANCE-ORDINANCE 00.201.0-3682 • EOUAL BENEFITS-ORDINANCE®ORDINANCE NO.2005-3494 ® .LOCAL PREFERENCE FOR MIAMI BEACH=BASED.CON1 ACTORS ORDINANCE NO.-2003- 3413 AND<M- INANCE NO.2011 3747. ® PREFERENCE FOR -FLORIDA SMALL -BUSINESSES OWNED -AND CONTROLLED BY VETERANS AND TO STATE CERTIFIED -SERVICE-DISABLED VETERAN BUSINESS =ENTERPRISES--ORDINANCE NO.2011-3748. -1.6 PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT (APPENDIX A): The purpose-of the Proposal Certifcation, 'Questionnaire and Requirements Affidavit-Form is to inform prospective bidders of certain solicitation and contractual requirements,and to-coliact necessary information from bidders in-order that certain-portions of responsiveness,-responsibility and other-determining factors .and compliance with requirements, as stipulated in the solicitation, may be-evaluated by the City. This Proposal Certification, Questionnaire and Requirements Affidavit-Form is a REQUIRED-FORM that must bas submitted fully completed and executed. --------.-----.__..----------____---=1 7=USURANGE ANDANDEMNtFIC�4T-tON:=The--'T Fbidder=s-halr.tie=res-ponsibla--f or-=his r�ao a- -------------- --- ,every -part thereof, and-for all materials, tools, appliances and -property of-every description, used in -connection with this..particular project. The bidder shall specifically and-distinctly assume, and does so assume, all risks of damage or injury to property or persons used-or-,employed on or in connection with the work and of all damage or injury-to any pe son or property wherever located, resulting-from any action or operation under the-contract or in connection with the work. It is understood and agreed that at all times the -bidder is acting as an independent contractor,and not as an agent or employees-of the City. The successful bidder, at all times during the full term of the ,contract, -shall comply with the following requirements: ® No change or cancellation in insurance shall be made without thirty-(30) days written notice to the City of Miami Beach Risk Manager. All insurance policies shall be issued by companies authorized to do-business under the laws of the State of Florida and these-companies must have a rating-of at least B+:VI or better-per Best's Key RatingiGuide,latest.edition. ® -Original signed 4certificates of insurance, evidencing-such­coverages and-endorsements as required herein, shall be filed with-and approved-by the City is-Risk Manager,before work is started. The certificate must-state-Bid Number and Title. Upon expiration of the required insurance, the successful bidder must submit updated-certificates of insurance for as long a.period as any work and/or services are still in progress. • It is understood and agreed -that all policies-of, insurance provided by the-bidder are primary coverage to any insurance or self-insurance the-City-of Miami Beach=possesses that may apply to-a loss resultingfrom-the work and/or'services performed in-this°contract. ® All policies issued to-cover the insurance requirements herein shall provide full coverage from the first dollar of-exposure. No-deductibles will,be allowed in any policies-issued on 4 . I ITI3 404-MIX11 RESURFACING AND SCARIFYING TENNIS COURTS AT NORTH SHOPI PARK TENNIS CENTER this contract unless specific°safeguards have been established to.assure an adequate fund for-payment�of deductibles by-the insured and approved by the-City's Risk Manager. • The liability insurance Coverage shall extend -to and include the following contractual indemnity and-hold-harmless agreement: The vendor shall furnish to the`Department of-Procurement Management, City of Miami-Beach, 1700=Convention•Center Drive, 31 Floor, Miami Beach,-Florida 33139,-Certificate(s) of Insurance which indicate that insurance.-coverage has been obtained which meets the requirements as outlined below: • Worker's Compensation Insurance for all employees of the vendor as required by -Florida Statute-4-40. ® Commercial General-Liability Insurance on a comprehensive basis, including Personal Injury Liability, Products/Completed Operations, in an amount no less than $1,000;000 -combined single limit per occurrence for bodily injury and property damage. City of Miami Beach must be shown as an additional insured with respect to this coverage. • Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with the work, in an amount not less than $1,000;000 -combined single limit.per occurrence for bodily injury and.property damage. 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 "B" 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,0dwick, New Jersey,or its equivalent, - - - ---- -------------------..-.-subject to4he=approval-of=the City=Risk Management-Dwision — -— -----—----------- - —-- - -- - --- or • The-company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized or Approved 'to Do Business in°Florida" issued by the State of Florida Department of Insurance and are members of the.Florida Guaranty-Fund. -Certificates will indicate no modification or change in insurance shall be made without thirty (30) days in advance notice to the certificate holder.Certificate holder must read: CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE 31 FLOOR MIAMI BEACH,FL 33139 Compliance with the -foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section-of this agreement. The foregoing indemnity shall apply to any and all claims and suits other than claims and suits arising out of-the gross negligence or willful misconduct of the-City of Miami Beach,"its officers, agents,and employees. The bidder will notify its insurance agent without delay of the.existence of-tbe Hold ;Harmless Agreement contained within this contract, and furnish a copy of the Hold-Harmless Agreement to -the insurance agent and carrier. .5 O r�MJN'il BEACH ITS 404.2013•LR RESURFACING AND SCARIFYING TENNIS-COURTS AT NORTH SHORE PARK TENNIS CENTER The bidder will obtain and maintain:contractual liability insurance in adequate limits for the sole purpose of protecting the City of Miami Beach under the-Hold Harmless Agreement from any and all claims arising out of this-contractual The bidder will secure and maintain policies of subcontractors. All policies shall be made available to the City upon demand. Compliance by the contractor and all subcontractors with the foregoing requirements as to-carrying insurance and furnishing copies of the insurance policies shall not relieve the contractor and aH-subcontractors of their liabilities and obligations under any section of this contract. Bidder shall be as fully responsible to the City for the acts and omissions of the subcontractor and of persons employed by it as it.is-for acts and omissions of persons directly employed by it. Insurance-coverage required in these-specifications shall be in force throughout the contract term. 'Should the successful bidder fail to provide acceptable evidence of current insurance within seven days of receipt of written notice at any time during the contract term,the City shall have the right to consider the contract in default and proceed to terminate same. Please note that the City of Miami Beach is self-insured. Any and all claim payments made from self-insurance are subject to the limits and provisions of Florida Statute 768.28, the Florida Constitution,and any other applicable Statutes. 1.8 METHOD OF AWARD: Staff Review/Recommendation. The lowest responsive, responsible bidder meeting all terms, conditions, and specifications of the IT-8 will be recommended for award on an item-by-item, a combination/group of items,or a total of all items basis,whichever is in the best in erest of the City. _ In considering award recommendation, in addition to price, the City may, at its sole discretion, .consider any other applicable factor that may be deemed to impact the successful delivery of the goods as described herein, or that, otherwise, may be in the interest of the City. Veterans and local preferences, as detailed herein, will be applied as applicable in the tabulation of bid prices received. In the review of bids received and consideration of award, the City reserves the right to waive nonmaterial irregularities or technicalities in a bid received. City Manager's Review.After considering the staff recommendation for award, the City Manager shall exercise his due diligence and recommend to-the Mayor and City Commission the bid that the City Manager deems to be in the-best interest of the City. City Commission Authority. The City Commission shall consider the City Manager's recommendations) and, may approve or reject the City Manager's recommendation(s). In any case, the Mayor and City Commission shall select.(and may authorize value engineering)with the bidder(s)which the Mayor and Commission deem to be in the best interest of the City pursuant to the determination of award criteria of lowest and best bid. The City Commission may also reject all bids received.The selection or approval by the-City Commission shall not constitute a binding contract between the City and the selected.or approved bidder{s).A binding contract will exist upon the Completion as determined by the Administration, the-City Attorney's Office form approving the contract or contracts, and the Mayor and City Clerk or their respective designees signing the contract(s) after the selected or approved bidder(s) has (or have) done so. Only the executed contract(s)will be binding on1he contracting par-ties. 6 i 'r,i BEACH ITS 404.2013-LR RESURFACING AND SCARIFYING TENNIS COURTS AT NORTH-SHORE PARK TENNIS CENTER 1.8.1 Multiple Award Options.As deemed to be in its best interest,the-City reserves the right to: make an award by Group; by.Item; make an award entirely to a single bidder; or reject all bids received. Bidders should carefully consider this condition and bid accordingly. 1.9 PAYMENT: Invoices for payment will be submitted upon receipt and acceptance of goods ordered via a Purchase Order. No down or partial down payments will be made. Invoices will be-subject to verification and approval by the EMS-Division Chief, Contract Administrator, or his/her-designated representative. 1.10 PRICES SHALL BE FIXED AND FIRM: All prices quoted in the awardee's bid-submittal shall remain firm and fixed, unless amended in writing by the City. 1.10.1 COST-ESCALATION. Prices must be held firm during the initial term of the agreement. During the renewal term, the City may consider:prices increases not to increase the applicable Bureau of ,Labor Statistics (www.bls.gov) CPI-U index or 3%, whichever is less.The City may also-consider increases based on mandated Living Wage increases. In considering-cost escalation due to Living Wage increases, the City will only consider the direct costs related to Living Wage increases,exclusive of overhead, profit or any other related-cost. 1.11 -ESCALATION/DE-ESCALATION CLAUSE:INTENTIONALLY OMMITTED. 1.1.2 ADDITIONS/DELETIONS OF ITEMS/PRODUCTS: Although this solicitation identifies specific items/products to be provided, it is hereby agreed and understood that any related items/products 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(s) under this contract, and other's uppliers, as deemed necessary, shall be invited to submit quotes for these new items/products. If these quotes are comparable with market prices offered for similar items/products,the supplierjs), if applicable, and items)shall be added to the contract. An amendment to the contract shall be issued by the City. The newly added items/products shall-be ordered via a Purchase Order. In adding or deleting items/products, the City may award to the vendor with the lowest total price, may seek quotes from one or more contract vendors or may make any other determination deemed to be in the best interest of the City. 1.12 EQUAL PRODUCT: Manufacturers name, brand name and model/style number when used in these specifications are for the sole purpose of establishing minimum requirements of levels of quality, standards of performance and design required and is in no way intended to prohibit the bidding of other manufacturer's brands of equal material, unless otherwise indicated. Equal (substitution) may be bid, provided product so bid is found to be equal in quality, standards or performance, design, etc., to item specified, unless otherwise indicated. Where equal is proposed, bid must be accompanied by complete factory information sheets (specifications, brochures, etc.), and test results of unit bid as equal. -Failure to do so at time of bid may deem bid non-responsive. 1.13 NO SUBSTITUTION: When "No Substitution" is used in-combination with a manufacturers name, brand name and/or model number that named items in the only item that will be accepted-by the City. 1.14 ORDERING METHOD AND ORDER CONFIRMATION: All orders/request for items covered under 7 'V"lIh.MI BEACH ITB 404.2013-LR Re-SURFACING AND SCARIFYING TENNIS,COURTS AT NORTH SHORE PARK TENNIS CENTER this-contract will require the issuance of a Purchase Order prior to delivery. Items ordered and delivered without issuance-of a Purchase Order shall be considered UNAUTHORIZED. Upon receipt of a Purchase-Order from-the City and shipment of goods ordered. Bidder shall send via e-mail an Order-Confirmation to the Contract Administrator or Designee, which details the goods shipped and-commercial courier tracking information. 1.15 PACKING SLIPIDELIVERY TICKET T40 ACCOMPANY ITEMS DURING DELIVERY: The Successful Bidders shall enclose a complete packing slip-or delivery ticket with any items to be delivered in conjunction with this bid solicitation. The packing slip shall be attached to the shipping carton(s) which contain the items and shall be made available to the City's authorized representative during delivery. The packing slip or delivery ticket shall include, at a minimum, the following information: purchase order number; date of order; a complete listing of items being delivered with the display of the expiration date of-each drug/pharmaceutical in a readable fashion; and back-order quantities and estimated delivery of back-orders, if applicable. 1.16 SAMPLES: Bidders shall provide,within seven(7)calendar days after a formal request is made by the City, a complete and accurate sample of the product(s) which they propose to'furnish under this solicitation. 1.17 CONTRACT ADMISTRATOR: Upon award, contractor shall report and work directly with Andrew Plotkin, Parks Facility Manager, Parks and Recreation.Department,who shall be designated as the Contract Administrator. 1.18 COMPLETE PROJECT_REQUIRcM These specifications describe the various items orclasses of work required,enumerating or defining the extent of same necessary, but failure to list any items or classes under scope of the several sections shall not relieve the contractor form furnishing, installing or performing such work where required by any part of-these specifications,or necessary to the satisfactory-completion-of the project. 1.19 LOCATION: North'Shore Park Tennis Center,501 7-2-Street, Miami Beach,Florida 33141. 1.20 MIAMI-DADEISTATf--CONTRACTS OR OTHER GOVERNMENTAL CONTRACT: The-City may, at any time, consider, in lieu of the services provided under this solicitation, utilizing the award for similar services by any other allowable public agency or governmental cooperative. 1.21 -CUSTOMER SERVICE: Excellent customer service is the standard of the City of Miami Beach. As contract employees of the City, all employees will be required to adhere to the City's "Service Excellence° standards and expected to Conduct themselves in a professional, courteous and ethical manner in all situations. The successful bidder's employees must work as a-cooperative team of well-trained professionals, and must-serve the public with dignity and respect.All business transactions with the City will be conducted with honesty,integrity,and dedication. 1.22 WORKMANSHIP AND MATERIALS: All parts installed and materials used in performance of this contract shall be new and unused tof current design and manufacture). Salvage materials will not be allowed without the express consent of the City. All materials and workmanship shall be of highest quality and shall conform to all applicable Building codes, so as to ensure safe and functional operation. The-City shall be the sole judge as to parts and workmanship. 8 ® rVii!AP it BEACH ITS 404.2013-LR RESURFACING AND SCARIFYING TENNIS COURTS AT NORTH SHORE PARK TENNIS CENTER 1.23 USE OF PREMISES: The-contractor 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, and shall not unreasonably encumber the premise with his/her materials. The contractor shall take all measures necessary to protect his/her own materials. 1:24 DAMAGE TO PUBLIC/PRIVATE PROPERTY: 'The contractor 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 contractor,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 within a-reasonable length of time. (Not to exceed one month from date damage was done). 1.25 WARRANTY,FITNESS FOR PURPOSE: The contractor 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 bidder, the 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 contractor is under contract with the City at the time of the defect. Any payment by the City on behalf of the goods or services received from the contractor does not constitute a waiver of these warrant provisions. 1.26 SAFETY MEASURES: -Contractor shall take all necessary precautions for the safety of em.ploy_ees,and shall elect and_prope_rl_y_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 the contractor shall-be expected to wear safety glasses or goggles, appropriate clothing, and hearing protection when and wherever applicable. The contractor shall use only equipment that is fully operational and in safe operating order. Contractor shall be especially careful when servicing property when pedestrians and/or vehicles are in close proximity — work dY shall cease until it is safe to proceed. 1.27 LICENSES AND PERMITS: Services performed for the City will require licenses and permits in the same manner as private air conditioning repair projects within the City. The Contractor 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 Contractor must fully comply with all federal and state laws,county and municipal ordinances, and regulations in any manner affecting the prosecution of the work. Any fines or penalties to the Contractor shall be paid at the Contractor's expense. 1.28 EMPLOYEE: Contractor employees will be attired in uniform with the name of the Contractor on the uniform. Work shoes(footwear which fully covers and protects the entire foot)shall be worn at all times as well. 1.29 DELAYS: The successful Bidder shall notify the City of any actual or-potential delays in any repairs. 9 /V,1AJ10d BEACH ITB 404.10134-R RESURFACING AN®'SCARIFYING TENNIS COURT'S AT NORTH SHORE PARK TENNIS-CENTER 1.30 ACCEPTANCE OF WORK: -Should any work not meet the expectations of the City,the successful Bidder shall be required to-correct the fault or faults at his/her expense in both time and materials. 1.31 TIME FOR PERFORMING THE WORK: Prior to performing the work, the Contractor shall -establish with the Contract Administrator, the hours during which the work is to-be performed. No work shall be performed outside these hours without the approval of-the Contract Administrator. 1.32 EXAMINATION OF THE WORK: The City shall be provided with every means-to verify whether or not the materials and work are in accordance with the requirements and intent of the specifications/repairs. -Failure to reject or condemn defective work at the time it is done will not prevent its rejection whenever it'is discovered before the project is finally approved and accepted. 1.0 ® NIdA"AdBEACH ITB 404.2013-LR RESURFACING AND SCARIFYING TENNIS COURTS AT NORTH SHORE PARK TENNIS CENTER 2.0 GENERAL-CONDITIONS 2.1 SEALED BIDS:An original,five(5)copies,and one(1)electronic copy specified items offered requires-complete descriptive technical literature of the complete bid, must be returned in order for the bid to be marked to indicate detailed conformance with specifications,and MUST considered for award. All bids are subject to the conditions specified in BE INCLUDED WITH T14E BID. NO BIDS WILL BE CONSIDERED these General Conditions, and in the attached Special Conditions, WITHOUT THIS INFORMATION. Minimum Specifications,and Bid Proposal Form. Lacking any written indication of intent to quote an alternate brand or 2.2 The completed bid must be submitted in a sealed envelope dearly model number, the bid will be considered as a bid in complete marked with the Bid Title to the City of Miami Beach Department of compliance with the Bid specifications. Procurement Management, 3rd floor, 1700 Convention Center Drive, Miami Beach,Florida 33139. Facsimile,electronic,or e•mailed bids Note as to Brand Names:7Catalog numbers,manufacturers'and brand will not be accepted. names, when listed, are informational guides as to a standard of acceptable product quality level only and should not be construed as an 2.3 -EXECUTION OF BID:The bid must contain a manual signature of an endorsement or a product limitation of recognized and legitimate authorized representative in the space provided on the Bid'Form. manufacturers. Bidders shall formally substantiate and verify that Failure to properly sign the bid shall invalidate same,and it shall NOT product(s) offered conform with or exceed quality as listed in the be considered for award. All bids must be completed in pen and ink or specifications. typewritten. No erasures are permitted. If a correction is necessary, draw a single line through the entered figure and enter the corrected 2.11 NON-CONFORMANCE TO CONTRACT CONDITIONS:Items may be figure above it Corrections must be initialed by the person signing the tested for compliance with specifications. Items delivered, not bid. Any illegible entries, pencil bids,or corrections not initialed will conforming to specifications, may be rejected and returned at the NOT be tabulated. bidder's expense. These items,as well as items not delivered as per delivery date in bid and/or purchase order,may be purchased by the 2.4 PRICES QUOTED:Deduct trade discounts and quote firm net prices. City,as its discretion,on the open market Any increase in cost may be Give both unit price and extended total,when requested. Prices must charged against the bidder. Any violation of these stipulations may also be stated in units of quantity specified in the bidding specifications. In result in the bidder's name being removed from the-City s contractor list case of discrepancy in computing the amount of the bid, the UNIT PRICE quoted will govern. All prices must be F.O.S.destination,freight 2.12 'SAMPLES:Samples of items,when required,must be furnished free of prepaid(unless otherwise stated in Special-Conditions). Discounts for expense and,if not destroyed,will, upon request,be returned at the prompt payment award,if made,will be in accordance with terms and bidders expense. Bidders will be responsible for the removal of all conditions stated herein. Each item must be bid separately, and no samples furnished within(30)days after bid opening. All samples will attempt is to be made to tie any item or items in with any other item or be disposed of after thirty(30)days. -Each individual sample must be items. Cash or quantity discounts offered will not be a consideration in labeled with the bidders name. Failure of the bidder to either deliver determination of award of bid(s). required samples, or to clearly identify samples may be reason for rejection of the bid. n ess o erwise m`dicate mp es show d e 2.5 TAXES:The City of Miami Beach is exempt from all Federal Excise and delivered to the Department of Procurement Management, 1700 State taxes. Convention Center Drive,Miami Beach,Florida,33139. 2.6 MISTAKES: Bidders are expected to examine the specifications, 2.13 DELIVERY:Unless actual date of delivery is specified(or if specified delivery schedules, bid prices, and extensions, and all instructions delivery cannot be met), show number of days (in calendar days) pertaining to supplies and services. 'Failure to do so will be at the required to make delivery after receipt of purchase order, in space bidders risk. provided. Delivery time may become a basis for making an award. Delivery shall be within the normal working hours of the City using -2.7 CONDITION AND PACKAGING:It is understood and agreed that any Department Monday through Friday,excluding holidays. item offered or shipped as a result of this Bid shall be the latest new and anent model offered(most current production model at the time of 2.14 INTERPRETATIONS:Any questions concerning the Bid conditions and this Bid). All containers shall be suitable for storage or shipment,and specifications should be submitted,in writing,to the City's Department all prices shall include standard commercial packaging. of Procurement Management to Lourdes Rodriguez, e-mail: -LourdesRodriauez @miamibeachfi.gov or facsimile:756-394-4075. 2.8 UNDERWRITERS' LABORATORIES: Unless otherwise stipulated in the Bid,all manufactured items and fabricated assemblies shall be U.L 2.15 BID OPENING: All bids received after the date, time, and place listed or re-examination listing where such has been established by U:L. specified in the Bid,will be returned to the bidder unopened,and will not for the item(s)offered and furnished. be considered.The responsibility for submitting bids before the stated time and date is solely the responsibility of the bidder. The City will not 2.9 CITY'S RIGHT TO WAIVE OR REJECT BIDS:The City Commission be responsible for delays caused by mail,courier service,or any other reserves the right to waive any informalities or irregularities in this Bid; entity or occurrence.Facsimile,electronic,or e-mailed bids will not be or to reject all bids,or any part of any bid,as it deems necessary and in accepted. the best interest of the City of Miami Beach. 2.16 INSPECTION,AO-CEPTANCE&TITLE:Inspection and acceptance will 2.10 EQUIVALENTS: If a bidder offers makes of equipment or brands of be at destination,unless otherwise provided. Title to(or risk of loss or supplies other than those specified in the Bid specifications,he must so damage to)all items shall be the responsibility of the successful bidder indicate in his bid. Specific article(s) of equipment/supplies shall until acceptance by the City,unless loss or damage results-from the conform in quality,design and construction with all published claims of gross negligence or willful misconduct of the City. the manufacturer. 2.17 If any equipment or supplies supplied to the City are found to be The bidder shall indicate in the Bid Form the manufacturers name and defective,or to not conform to the specifications,the City reserves the number if bidding other than the specified brands, and shall indicate right to cancel the order upon written notice to the seller,and return the ANY deviation from the specifications as listed in the Bid.Other than product,at the bidders expense. !"Y'dAIMI BEACH 11 ITB 404.2013-LR ;RESURFACING AND SCARIFYING TENNIS COURTS AT NORTH SHORE PARK TENNIS CENTER bid in the amount specified in the Special Conditions. After acceptance 2.18 PAYMENT:Payment will be made by the City afterthe items have been of the bid, the'City will notify the successful bidder to submit a received,inspected,and found to comply with Bid specifications,free of performance bond and certificate of insurance in the amount specified damage or defect and properly invoiced. in the-Special Conditions. -2.19 DISPUTES:In case of any doubt or difference of opinion as to the items 2.29 DEFAULT: Failure or refusal of a bidder to execute a contract upon and/or services(as the case may be)to be furnished hereunder,the award,or withdrawal of a bid before such award is made,may result in decision of the City shall be final and binding on all panties. forfeiture of that portion of any bid surety required as liquidated damages incurred by the-City thereby,or,where surety is not required, 2.20 LEGAL REQUIREMENTS:The bidder shall be required to comply with failure to execute a contract as described above may be grounds for all federal, State of Florida, Miami-Dade-County, and City of Miami removing the bidder from the City's bidder's list. Beach codes,laws,ordinances,and/or rules and regulations that in any manner affect the items covered herein(collectively,Applicable Laws). 2.30 (NOT USED) Lack of knowledge or ignorance by the bidder with/of Applicable Laws will in no way be a cause for relief from responsibility. 2.31 BILLING INSTRUCTIONS: Invoices,unless otherwise indicated,must show purchase order numbers and shall be submitted to the ordering 2.21 PATENTS & ROYALTIES: The bidder shall indemnify and save City department harmless the City of Miami Beach,Florida,and its officers,employees, contractors,and/or agents,from liability of any nature or kind,including -2.32 NOTES TO CONTRACTORS DELIVERING TO THE CITY OF MIAMI cost and expenses for,or on a=unt of,any copyrighted,patented,or BEACH: Receiving hours are Monday through Friday, excluding unpatented invention,process,or article manufactured or used in the holidays,from 8:30 a.m.to 5:00 p.m. performance of the contract, including its use by the City of Miami Beach, Florida. If the bidder uses any design, device or materials 2.33 SUBSTITUTIONS:The City WILL NOT accept substitute shipments of covered by letters, patent,or copyright, it is mutually understood and any kind. The bidder is expected to furnish the brand quoted in its bid. agreed,without exception,that the bid prices shall include all royalties Any substitute shipments will be returned at the bidder's expense. or cost arising from the use of such design,device,or materials in any way involved in the work. .2.34 FACILITIES:The City,through its City Manager or his/her authorized designee,reserves the right to inspect the bidder's facilities at any time, 2.22 OSHA: The bidder warrants to the City that any work, services, upon reasonable prior written or verbal notice. supplies, materials or equipment supplied pursuant to this Bid shall conform in all respects to the standards set forth in the Occupational 2.35 PROTEST PROCEDURES:Bidders that are not selected may protest Safety and Health Act of 1970,as amended,and the failure to comply any recommendation for contract award in accordance with-City of with this condition will be deemed breach of contract Any-fines levied Miami Beach Ordinance No.2002-3344,which establishes procedures because of inadequacies to comply with this condition shall be bome for bid protests. Protest not timely made pursuant to the solely by the bidder. requirements of Ordinance No.2002.3344 shall be barred. 2.23 SPECIAL CONDITIONS:Any and all Special Conditions that may vary •2.36 CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS: If a from these General Conditions shall have precedence. bidder is in doubt as to the true meaning of the Bid specifications,or other Bid documents,or any part thereof,the bidder must submit to the 2...24 ANTI-DISCRIMINATION: The bidder certifies that he/she is in City, at least seven (7) calendar days prior to the scheduled Bid compliance with the non-discrimination clause contained in Section 202, opening date,a request for clarification. NO QUESTIONS WILL BE Executive Order 11246, as amended by Executive Order 11375, RECEIVED VERBALLY OR AFTER SAID DEADLINE. relative to equal employment opportunity for all persons without regard to race,color,religion,sex or national origin. Any interpretation of the Bid,including,without limitation,responses to questions and request for clarification(s)from bidders,will be made only 2.25 AMERICAN WITH DISABILITIES ACT: To request this material in by Addendum duly issued by the-City. In the event of conflict with the accessible format,sign language interpreters,information on access for original spedfications, the Addendum shall supersede such persons with disabilities, and/or any accommodation to review any specifications, to the extent specified. Subsequent Addendum shall document or participate in any city-sponsored proceeding, please govern over prior Addendum only to the extent specified. The bidder contact 305-604-2489 (voice), 305.673-7524 (fax) or 305-673-7218 shall be required to acknowledge receipt of any and all Addendum,by (TTY)five days in advance to initiate your request TTY users may also signing in the space provided in the Bid Form.Failure to acknowledge call 711(Florida Relay Service). Addendum may deem a bid non-responsive. 2.26 QUALITY:All materials used for the manufacture or construction of any 2.37 The City will not be responsible for explanations, interpretations, or supplies,materials or equipment covered by this Bid shall be new. The answers to questions made verbally or in writing by any City items bid must be new,of the latest model,of the best quality,and the representative,unless issued by the City via formal written Addendum highest grade workmanship. to this Bid. 2.27 LIABILITY,INSURANCE,LICENSES AND PERMITS:Where bidders 2.38 Any questions or clarifications concerning the Bid shall be submitted in are required to enter or go on to City of Miami Beach property to deliver writing to the Department of Procurement Management to Lourdes materials or perform work or services as a result of the Bid,the bidder Rodriguez via email: LourdesRodriauez na.miamibeachfl.aov or will assume the full duty, obligation and expense of obtaining all facsimile 786-3944075, with a copy to the City Clerk, Rafael E. necessary licenses, permits, and insurance, and assure all work Granado,via email:rafaebranadoCa)miamibeachfl.gov or facsimile 786- -complies with all Applicable Laws. The bidder shall be liable for any 394-4188. The Bid title/number shall be referenced on all damages or loss to the City occasioned by negligence of the bidder,or correspondence. his/her officers, employees, contractors, and/or agents, for failure to comply with Applicable Laws. 2.39 DEMONSTRATION OF COMPETENCY: Pre-award inspection of the bidder's facility may be made prior to the 2.28 BID BONDS, PERFORMANCE BONDS, AND CERTIFICATES OF award of contract INSURANCE:Bid Bonds, when required, shall be submitted with the Bids will only be considered from firms which are regularly engaged in 12 trOAM-dBEACH ITB 404.2013•LR RESURFACING AND SCARIFYING TENNIS"COURTS AT NORTH SHORE PARK TENNIS CENTER the business of providing the goods and/or services as described in this the items specifically listed in this Bid from the successful bidder. Bid. However, items that are to be a 'Spot MarkeC Purchase may be Bidders must be able to demonstrate a good record of performance for purchased by other methods-(i.e.°Federal,State or local contracts). a reasonable period of time, and have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily 2.45 ELIMINATION FROM CONSIDERATION: This bid shall not be perform the services if awarded a contract under the terms and awarded to any person or firm who is in arrears to the City upon any conditions of this Bid. debt, taxes,or contracts which are-defaulted as surety or otherwise upon any obligation to theCity. The terns 'equipment and organization', as used herein shall, be construed to mean a fully equipped and well established company in 2.46 ESTIMATED QUANTITIES:Estimated quantities or estimated dollars,if line with the best business,practices in the industry,and as determined provided, are for City guidance only. No guarantee is expressed or by the City of Miami Beach. implied as to quantities or dollars that will be used during the contract period.The City is not obligated to place any order for a given amount The City may consider any evidence available regarding the-financial, subsequent to the award of this Bid. Estimates are based upon the technical, and other qualifications and abilities of a bidder, including City's actual needs and/or usage during a previouscontract period.The past performance(experience),in making an award that is in the best City may use said estimates for purposes of determining whether the interest of the City. low bidder meets specifications. The .City may require bidders to show proof that they have been 2.47 COLLUSION:Where two(2)or more related parties each submit a bid designated as authorized representatives of a manufacturer or supplier or bids for any contract, such bids or bids shall be presumed to be which is the actual source of supply. In these instances,the City may collusive. The foregoing presumption may be rebutted by presentation also require material information from the source of supply regarding of evidence as to the extent of ownership,control and management of the quality,packaging,and characteristics of the products to be supply such related parties in the preparation and submittal of such bid or bids. to the City. Any material conflicts between information provided by the 'Related parties'means bidders or the principals thereof which have a source of supply and the information contained in the bidder's bid may direct or indirect ownership interest in another bidder for the same render the bid non-responsive. contract,or in which a parent company or the principals thereof of one (1)bidder have a direct or indirect ownership interest in another bidder The City may,during the period that the contract between the City and for the same contract Bid or bids found to be collusive shall be the successful bidder is in force,review the successful bidder's record rejected. of performance to ensure that the bidder is continuing to provide sufficient financial support,equipment,and organization as prescribed 2.48 Bidders who have been found to have engaged in collusion may also be in this bid. Irrespective of the bidder's performance on contracts suspended or debarred, and any contract resulting from collusive awarded to it by the City, the City may place said contracts on bidding may be terminated for cause. probationary status and implement termination procedures if the City determines that the successful bidder no longer possesses the financial 2.49 DISPUTES:In the event of a conflict between the Bid documents,the --support,-equipment,—and—organization—which—would—have—been ordew€-priority-of-the-documents-shall-be-as-follows: necessary during the bid evaluation period in order to comply with the demonstration of competency required under this subsection. Any contractor agreement resulting from the award of this Bid;then Addendum issued for this Bid, with the latest Addendum taking 2.40 DETERMINATION OF AWARD:The City Commission shall award the precedence;then bid to the lowest and best bidder. In determining the lowest and best The Bid;then bidder,in addition to price,there shall be considered the following: The bidder's bid in response to the Bid. The ability,capacity and skill of the bidder to perform the contract Whether the bidder can perform the contract within the time specified, 2.50 REASONABLE ACCOMMODATION:In accordance with the Title If of without delay or interference. the Americans with Disabilities Act, any person requiring an The character,integrity,reputation,judgment,experience and efficiency accommodation at the Bid opening because of a disability must contact of the bidder. the Public Works Department at(305)673-7080. The quality of performance of previous contracts. The previous and existing compliance by the bidder with Applicable 2.51 GRATUITIES:Bidders shall not offer any gratuities,favors,or anything Laws relating to the contract of monetary value to any official,employee,contractor,or agent of the City,for the purpose of influencing consideration of this Bid. 2.41 ASSIGNMENT: The successful bidder shall not assign, transfer, convey,sublet or otherwise dispose of the contract,including any or all 2.52 SIGNED BID CONSIDERED AN OFFER: The signed bid shall be of its right, title or interest therein,or his/her or its power to execute considered an offer on the part of the bidder, which offer shall be such contract,to any person,company or corporation,without the prior deemed accepted upon award of the bid by the City Commission. In written consent of the City. case of default on the part of the successful bidder, after such acceptance, the-City may procure the items or services from other 2.42 LAWS,PERMITS AND REGULATIONS:The bidder shall obtain and sources and hold the bidder responsible for any excess cost pay for all licenses, permits, and inspection fees required under the occasioned or incurred thereby. contract;and shall comply with all Applicable Laws. 2.53 TIE BIDS: In accordance with Florida Statues Section 287.087, 2.43 OPTIONAL CONTRACT USAGE:As provided in Section 287.042(17), regarding identical be bids,preference will be given to bidders certifying Florida Statutes,other State agencies may purchase from the resulting that they have implemented a drug free work place program. A contract,provided the Department of Management'Services,Division of certification form will be required at the time of bid submission. Procurement,has certified its use to be cost effective and in the best interest of the State. Bidders have the option of selling these 2.54 PUBLIC ENTITY CRIMES(PEC):A person or affiliate who has been commodities or services certified by the Division to the other State placed on the convicted contractor list following a conviction for public agencies at the agencies'option. entity crimes 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 -2.44 SPOT MARKET PURCHASES:It is the intent of the City to purchase public entity for the construction or repair of a public building or public 13 ® :t(AM!BEACH ITB 404.2013-LR RESURFACING AND SCARIFYING TENNIS COURTS AT NORTH SHORE PARK TENNIS CENTER work,may not submit bids on leases of real property to public entity, City's liability to the successful bidder upon a termination as provided may not be awarded or perform work as a contractor, supplier, sub- for in this subsection. contractor,or consultant under a contract with a public entity,and may not transact business with any public entity in excess of the threshold 2.60 MODIFICATIONMIITHDRAWALS OF BIDS: A bidder may submit a amount provided in Sec.287.017,for CATEGORY TWO for a period of modified bid to replace all or any portion of a previously submitted bid 36 months from the date of being placed on the convicted contractor up until the bid due date and time. Modifications received after the bid list due date and time will NOT-be considered. 2.55 DELIVERY TIME:Bidders shall specify in the attached Bid Form,the Bids shall be irrevocable until contract award unless withdrawn in guaranteed delivery time{in calendar days)for each item. It must be a writing prior to the bid due date or after expiration of 120 calendar days firm delivery time; no ranges (for example, 12-14 days) will be from the opening of bids without a contract award. Letters of withdrawal accepted. received after the bid due date and before said expiration date and letters of withdrawal received after contract award will NOT be 2.56 CONE OF SILENCE:This Bid is subject to the'Cone of Silence"in considered. accordance with Ordinance No. 2002-3378. A copy of all written communication(s)regarding this bid must be filed with the City Clerk via 2.61 -EXCEPTIONS TO BID:Bidders are strongly encouraged to thoroughly e-mail at RafaelGranado(cDmiamibeachfl.cov review the specifications and all conditions set forth in this Bid. Bidders who fail to satisfy the requirements in this Bid,may be deemed non- 2.57 PURSUANT TO THE CITY'S CONE OF SILENCE ORDINANCE,AS responsive and receive no further consideration. Should your proposed CODIFIED IN SECTION 2-486 OF THE CITY CODE, BIDDERS ARE bid not be able to meet one(1)or more of the requirements set forth in ADVISED THAT ORAL COMMUNICATIONS BETWEEN THE this Bid and you are proposing altematives and/or exceptions to said BIDDERS,OR THEIR REPRESENTATIVES AND 1)THE MAYOR AND requirements, you must notify the Procurement Office, in writing, at CITY COMMISSIONERS AND THEIR RESPECTIVE STAFF;OR 2) least five 15)days prior to the deadline for submission of bids. The City MEMBERS OF THE CITY'S ADMINISTRATIVE STAFF(INCLUDING reserves the right to revise the scope of services via Addendum prior to BUT NOT LIMIT-ED TO THE CITY MANAGER AND HIS STAFF);OR 3) the deadline for receipt of bids. EVALUATION COMMITTEE MEMBERS,IS PROHIBITED. 2.62 FLORIDA PUBLIC RE-CORDS LAW:Bidders are hereby notified that 2.58 TERMINATION FOR DEFAULT: If the successful bidder shall fail to all Bid including, without limitation, any and all information and fulfill in a timely manner, or otherwise violate, any of the covenants, documentation submitted therewith, are exempt from public records agreements, or stipulations material to the Bid and/or the contract requirements under Section 119.07(1),Florida'Statutes,and s. 24(a), entered into with the-City pursuant thereto, the City shall thereupon Art 1 of the State Constitution until such time as the City provides have the right to terminate the work and/or services then remaining to notice of an intended decision or until thirty(30)days after opening of be performed by giving written notice to the bidder of such termination, the bids,whichever is-earlier. which shall become effective upon receipt by the bidder of the written termination notice. 2.63 MIAMI BEACH BASED-CONTRACTORS:A preference will be given to a-responsive-and-responsible-Miam�-Beach-based-contractor,—who-is In that event, the City shall compensate the successful bidder in within five percent(5%)of the lowest and best bidder,an opportunity of accordance with the term of the contract for all work and/or services providing said goods or contractual services for the lowest responsive satisfactorily performed by the bidder prior to termination, net of any bid amount Whenever, as a result of the foregoing preference, the costs incurred by the-City as a consequence of the default adjusted prices of two (2) or more Miami Beach-based contractors constitute the lowest bid for a competitively bid purchase,and such bids Notwithstanding the above,the successful bidder shall not be relieved are responsive and otherwise equal with respect to quality and service, of liability to the City for damages sustained by the City by virtue of any then the award shall be made to the Miami Beach-based contractor breach of the contract by the bidder, and the City may reasonably having the greatest number of its employees that are Miami Beach withhold payments to the successful bidder for the purposes of set off residents.Whenever,two or more Miami Beach-based contractors have until such time as the exact amount of damages due the City from the the same number of its employees that are Miami Beach residents,then successful bidder is determined. the award shall be made to the Miami Beach-based contractor who is certified by Miami-Dade County as a Minority or Women Business The City may,at its discretion,provide reasonable'cure period"for any Enterprise. contractual violation prior to termination of the contract; should the successful bidder fail to take the corrective action specified in the City's 2.64 VETERAN BUSINESS ENTERPRISES: The City shall give a notice of default within the allotted cure period, then the City may preference to a responsive and responsible bidder which is a small proceed to terminate the contract for cause in accordance with this business concern owned and controlled by a veteran(s)or which is a subsection 1.52. service-disabled veteran business enterprise,and which is within five percent_(5%)of the lowest and best bidder,by p*ding such bidder an 2.59 TERMINATION FOR CONVENIENCE OF CITY:The City may,for its opportunity of providing said goods or contractual services for the convenience,terminate the work and/or services then remaining to be lowest responsive bid amount Whenever,as a result of the foregoing performed,at any time,by giving written notice to the successful bidder preference,the adjusted prices of two(2)or more bidders which are a of such termination, which shall become effective thirty{30) days small business concern owned and controlled by a veteran(s) or a following receipt by bidder of such notice. In that event,all finished or service-disabled veteran business enterprise constitute the lowest bid unfinished documents and other materials shall be properly delivered to pursuant to an bid or oral or written request for quotation,and such bids the-City. If the contract is terminated by the City as provided in'this are responsive,responsible and otherwise equal with respect to quality subsection, the City shall compensate the successful bidder in and service, then the award shall be made to the service—disabled accordance with the terms of the contract for all and without cause veteran business enterprise. and/or any resulting liability to the City,work and/or services actually performed by the successful bidder, and shall also compensate the bidder for its reasonable direct costs in assembling and delivering to City all documents. No compensation shall be due to the successful bidder for any profits that the successful bidder expected to earn on the balanced of the contract Such payments shall be the total extent of the 14 M /,,A,1Ai%Ad BEACH ITB 404.2013-LR RESURFACING AND SCARIFYING TENNIS'COURTS AT NORTH SHORE PARK TENNIS CENTER 3.0 MINIMUM REQUIREMENTS&TECHNICAL SPECIFICATION 3.1 MINIMUM REQUIREMENTS. The following minimum requirements will be considered in the review of each bidder's responsive.Failure to meet or-exceed minimum requirements will disqualify bidder from consideration, 3.1.1 Similar Experience. Bidder shall demonstrate previous experience with engagements of similar size and scope to the requirements of this-solicitation for a period of not less than three(3)years. 3.2 SPECIFICATIONS/SCOPE OF WORK: Bidders must include in their price all labor, parts, material, and equipment necessary for the resurfacing and scarifying of the tennis courts at the North Shore Tennis Center. Bidders must provide a dumpster and dispose of all waste materials. SPECIFICATIONS/SCOPE OF WORK FOR COURTS AT NORTH SHORE PARK TENNIS CENTER: A. Scarify ten(10)Hydrogrid tennis-courts,along with the replacement of posts and nets. • Remove all old lines and nails. ® Remove all dead material. A Patch low areas at baselines. ® Scarify the courts'surface+/-1/4"depth. • Laser grade courts to 1"to 40"slope. ® Apply+/-4 tons of proper court surface material over each court. • Spread,level and roll as needed. ® Install new herringbone line tapes to all courts(USTA specifications)secured with 3" aluminum nails. • Replace all steel neLposts with aluminumArade—nine 9yprs ei htg een(18)in total—color: green-(one.courtcurrently bas aluminum). Y Replace all ten i1-0)tennis nets with new nets as follows: 46oz White PVC coated Anti-fungal headband fabric with four rows of stitching 16oz Black PVC fabric on the sides and bottom 4mm PVC coated steel cable Two fiberglass dowels Net lacing rope Polyester Center strap Double end snap Nets are tapered 5 year limited warranty i Leave courts ready for play. ® Provide guarantee for workmanship and materials. 1'5 ® ",Pi1AP,.I BEACH ITS 404.2013-!R RESURFACING AND SCARIFYING TENNIS COURTS AT NORTH SHORE PARK TENNIS CENTER B. Resurface Two(2)Asphalt Hard Courts Repair and resurface two{2)existing asphalt tennis courts measuring approximately+/-120'X 120'. • -Replace four(4)steal tennis posts with new aluminum grade tennis posts. Replace tennis nets with new. Cut out+/a 60 linear feet of roots pushing up asphalt thfoughout the two tennis-courts and all damaged asphalt areas. Patch and recofor over patched areas. • 'Pressure clean and flood entire surface. Patch low areas greater 1/8." ® Patch all cracks with crack filler. • 'Roll entire area with 1 Y2 ton roller to smooth surface. ® Reapply patch and filler if needed and re roll. • Apply tennis resurfacing three(3)coat system. Color to match existing courts. Restripe all playing lines to meet USIA specifications. ® Leave courts ready for play. Warranty to be issued for workmanship and materials for a minimum of three(3)years. 4.0 COST PROPOSAL 4.1 COST PROPOSAL (APPENDIX B). In order to be considered, bidder must submit, with their-bid,Appendix B,Cost Proposal.Failure to submit Appendix B,Cost Proposal,with bid will disqualify bidder from consideration. 16 r v V:A;"a'I BEACH APPENDIX A Proposal Certification , Questionnaire & Requirements Affidavit m MIAMI BEAC�'H DEPARTMENT.-OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive Miami Beach, Florida 33139 305-6]3-]490 Purpose: The purpose of this Proposal Certification, Questionnaire and -Requirements Affidavit Form is to inform prospective Proposers of certain ITB and contractual requirements, and to collect necessary information from Proposers in order that certain portions �of responsiveness, :responsibility and other determining factors and compliance with requirements, as stipulated in the ITB, may be evaluated. This Proposal Certification, -Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully -completed and executed. 1. General'Proposer Information. FIRM NAME: No of Years in-Business: Z ffof Years inAj Bussiness Locally: kc OTHER NAME(S)BIDDER HAS:OPERATED UNDER IN THE LAST 10 YEARS: FIRM PRIMARY ADDRESS(HEADQUARTERS): IKO0 K)Li t3 0'�'j( -CITY: r,,4,,PAw o k��=-���� �OP<4 STATE: - TELEPHONE NO.: TOLL FREE NO.: � �3 2 FAX NO. FIRM LOCAL LOCAL ADDRESS: -CITY: STATE: A PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: Sree4 Et-j tj D�E Tt--Dvt- ACCOUNT REP TELEPHONE NO.: Liq ACCOUNT REP TOLL FREE NO.: iac�o -4432- — 2-11 L( ACCOUNT REP EMAIL: t S�eo e- e- dq jcJ '0 FEDERAL TAX IDENTIFICATION O..: ) ZG 2-1 to The City reserves the right to seek additional information from proposer or other source(s), including but not limited to: any firm,or principal information, applicable licensure, resumes-of relevant individuals,client information,financial information, or any information the City deems necessary to evaluate the-capacity of the proposer to perform in accordance with contract requirements. 1 BEACH APPENDIX A 2. Miami Beach Eased{Local Vendor. Is proposer a Miami Beach based firm? YES NO SUBMITTAL REQUIREMENT: 'Proposers claiming Miami Beach based vendor status shall submit a •business tax receipt issued by the City of Miami Beach for at least one (1) year;prior to the issuance of a Bid, and has, for at least-one (1) year prior to the issuance of a Bid, its headquarters in the City, or has a place of business located in the city at which it will produce the goods or perform the contractual services to be purchased. 3. Veteran Owned Business. Is_ roposer a veteran owned business? . YES F_\77 NO SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a certification issued by the State of Florida or United State federal government. 4. Financial Capacity. Proposers shall submit a Dun & Bradstreet Duns Number(D-U-N-S#). The City may request one or more D&B reports to assess proposer's financial capacity or may request other information (e.g., audited and other financial statements)after proposal submittal in order to assess financial capacity. If firm is not currently registered at D&B,contact D&B at 1-800-234-3867 to register your company. SUBMITTAL RE UIREMENT:Proposer shall submit Dun&Bradstreet Duns Number (D-U-N-S#): 6 Z D 7 — Ci 2- 1 7 5. Litigation History. Proposer shall submit a statement of any litigation or regulatory-action that has been filed against your firm(s) in the last five years. If an action has been filed, state and describe the litigation or re.oator)r-action-filed,and--identify-tt e-court-or�gerrey-Ware-which-the-action-was-instituted the-appfrcable case or file number, and the status or disposition for such reported action. If no litigation or regulatory action has been filed against your firm(s), provide a statement to that effect. If"No" litigation or regulatory action has been filed against your firm(s), please provide a statement to that effect. Truthful and complete answers to this question may not necessarily disqualify a firm from consideration but will be a factor in the selection process. Untruthful, misleading or false answers to this question shall result in the disqualification of the firm for this project. SUBMITTAL REQUIREMENT: Proposer shall submit history of litigation or regulatory action filed against proposer, or any proposer team member firm, in the past 5 years. If Proposer has no litigation history or regulatory action in the past 5 years, submit a statement accordingly. - •.r BEACH 2 APPENDIX A 6. References & Past Performance. Proposer shall submit at least three (3) references for whom the proposer has completed work similar in size and nature as the work referenced in solicitation. A minimum of three.(3)references and client surveys are required. SUBMITTAL REQUIREMENT: Proposer shall submit a minimum -of three -(3) -references, including the following information: 1) Firm Name, 2) Contact Individual Name & Title, 3) Address, 4) Telephone, 5) ,Contact's Email and.6) Narrative on'Scope of 7Services provided. 7. Suspension, Debarment or Contract Cancellation. Has proposer-ever been debarred, suspended or convicted of a public entity crime, or had a contract cancelled rdue to non-performance-by any public-sector agency? 0 YES NO SUBMITTAL REQUIREMENT: If answer to above is"YES," Proposer shall submit a statement detailing the reasons that led to action(s). 8. Vendor Campaign Contributions. Proposers are expected to -be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable.provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their Proposals, in the event of such non-compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your -sub- consultants) with a controlling financial interest as defined in ITB, For-each individual or entity with a controlling financial interest indicate whether or not each individual orentity has contributed to the campaign either directly or indirectly,of a candidate who has been elected to the office of Mayor or City Commissioner for the-City-of-Maami-Beach. 9. Code of Business Ethics. Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with the City shall adopt-a Code of Business Ethics ("Code") and submit that Code to the Department of Procurement Management with its bid/response or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to-comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business'Ethics. In lieu of submitting -Code of Business Ethics, proposer may-submit a statement indicating that it will adopt, as required in the ordinance,the City of Miami Beach-Code of Ethics,available at www.miamibeachfl.gov/procurement/. 10. Living Wage. Pursuant to'Section 2-408-of-the Miami Beach City Code, as same may be amended from time to time, proposers shall be required to pay all.employees who ,provide services pursuant to this Agreement,the hourly living wage rates listed below: • Commencing with City fiscal year 2012-13 (October 1, 2012), the hourly living rate will be$11.28/hr with r health benefits, and$12.92/hr without benefits. The living wage rate and health care benefits rate may, by Resolution of the-City Commission be indexed annually for inflation using the Consumer Price Index for all -Urban Consumers (CPI-U) Miami/Ft. Lauderdale, issued by the U:S. Department of Labor's-Bureau of Labor Statistics. Notwithstanding the BEACH 3 APPENDIX A preceding, no annual index shall exceed three percent(3%). The City may also,by resolution, elect not to index the living wage rate in any particular year, if it determines it would not be-fiscally sound to implement same'(in a particular year). Proposers' failure to-comply with this .provision shall be deemed a material breach under this bid, under which the:City may, at its sole option, immediately deem said.proposer as non-responsive, and may further subject proposer to additional penalties and fines, as provided in the City's Living Wage Ordinance, as amended. -Further information on the Living Wage requirement is available at www.miamibeachfl.gov/procurement!. SUBMITTAL REQUIREMENT: No additional submittal is required.By virtue of submitting a proposal to the ITB, Proposer agrees to the living wage requirement. 11. Equal Benefits for Employees with Spouses and,Employees with Domestic Partners. When awarding competitively solicited contracts valued at over$100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners-Ordinance requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive bids, to provide "Equal Benefits" to their employees with domestic partners,as they provide to employees with spouses.Any contract awarded pursuant to this ITB is subject to the City's Equal Benefits Ordinance(Ordinance No. 2005-3494, and as codified in Section 2-373 of the City Code entitled, "Requirement for City Contractors to Provide Equal Benefits for Domestic Partners, and hereafter referred to as the Ordinance"). The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly -performing work on the contract within the City of Miami Beach. A Contractor may institute an internal registry to allow for the provision of equal benefits to employees with domestic partners who do not register their-partnerships pursuant to a governmental body authorizing such registration,or who are located in a jurisdiction where no such-governmental domestic partnership exists.A Contractor that institutes such registry shall not impose criteria for registration that are more stringent than those required for domestic partnership registration by the City of Miami Beach If Proposer cannot offer a benefit in a nondiscriminatory manner because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application ..(attached) with all necessary documentation. Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement and forms noted below are available at www.miamibeachfl.gov/procurement/. MIAMI 4 APPENDIX A Please indicate number of full-time employees: 32- Select-One... Proposer provides equal benefits to its employees with domestic partners and will do so, in accordance with the Equal Benefits Ordinance,throughout the term of any resulting contract. SUBMITTAL REQUIREMENT: Declaration: Nondiscrimination in contracts and benefits FORM with supporting documentation as-required per the form. The form is available at http://www.miamibeachfi.gov/procurement/ Proposer currently does not provide equal benefits to its employees with domestic partners but will do so, in accordance with the Equal Benefits Ordinance, within�60 days of award of any resulting contract. L; ,f�;�; SUBMITTAL REQUIREMENT: Substantial Compliance form. The form is available at http://www.miamibeachfl.gov/procurement/ Proposer is unable to provide equal benefits to its employees with domestic partners through no fault of its own. SUBMITTAL REQUIREMENT: Reasonable Measures Application Form with supporting documentation as required per the form. The form is available at http://www.miamibeachfI.gov/pro%-,uremenV ��A!.A l"\/,i REACH 5 APPENDIX A 1 . • w DISCLOSURE AND DISCLAIMER STATEMENT: The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the "City") for the recipient's convenience. Any action taken by the City in response to Proposals made pursuant to this Invitation to Bid("ITB"),or in making any award,or in failing or refusing to make any award pursuant to such Proposals, or in cancelling awards, or in withdrawing or cancelling this ITB, either before or after issuance of an award,shall be without any liability or obligation on the partof the City. In its sole discretion,the City may withdraw the solicitation either before or after receiving proposals, may accept or reject proposals, and may accept proposals which deviate from the solicitation, as it deems appropriate and in its best interest. In its sole discretion, the City may determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation. Following submission of a Proposal,the applicant agrees to deliver-such further details, information and assurances, including financial and disclosure data, relating to the Proposal and the applicant including, without limitation, the applicant's affiliates, officers, directors, shareholders, partners and employees, as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposers. It is the responsibility of the recipient to assure itself that information.contained herein is accurate and complete. The City .does not provide any assurances as to the accuracy of any information in this solicitation. Any reliance on these contents,or on any permitted communications with City officials,shall be at the recipient's own risk. Proposers should rely exclusively on their own investigations, interpretations, and analyses. The solicitation is being provided by the City without any warranty or representation, express-or implied, as to its content, its accuracy, orlts_compl.eteness No_warranty-or-representation-ts_made_hy-the-City_or_its�gents-that-any_ProposaLconforming-to these requirements will be selected for consideration,negotiation,-or approval. The City shall have no obligation or liability with respect to this solicitation, the-selection and the award process, or whether any award will be made. Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is totally relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof. Any Proposals submitted to the City pursuant to this ITB are submitted at the sole risk and responsibility of the party submitting such Proposal. This ITB is made subject to correction of errors,omissions,or withdrawal-from the market without notice. Information is for guidance only,and does not constitute all or any part of an-agreement. The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may-be modified, and the applicable definitive agreements pertaining thereto,are approved and executed by the parties,and then only pursuant to the terms of the definitive agreements executed among the parties.Any response to this solicitation may be accepted or rejected by the City for any reason,or for no reason,without any resultant liability to the City. The City is governed by the-Govern ment-in-the-Sunshine Law,and all Proposals and supporting documents shall be subject to disclosure as required by such law. All Proposals-shall be submitted in sealed bid form and shall remain confidential to the,extent permitted by Florida-Statutes, until the date and time selected for opening the responses.At that time,all documents received by the City shall become public records. ® MIAMI-BEACH 6 APPENDIX A Proposers are expected to make all disclosures and declarations-as requested in this solicitation. By submission of a Proposal, the Proposer.acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate-or supplement information contained in the Proposal, and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Proposal is true, accurate and complete, to the best of its knowledge, information, and belief. Notwithstanding the foregoing or anything contained in the ITB, all Proposers agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this ITB,or any response thereto,or any action or inaction by the City with respect thereto, such liability shall be limited to $10,000:00 as agreed-upon and liquidated damages. The-previous sentence, however, shall not be-construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the ITB, it is understood that the provisions. of this Disclosure and Disclaimer shall always govern. The ITB and any disputes arising from the ITB shall be governed by and construed in accordance with the laws of the State of Florida. PROPOSER ° I hereby-certify that: I,as an authorized agent of the Proposer, am submitting the following information as my firm's .proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this ITB, all attachments, exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure and Disclaimer Statement; proposer agrees to be bound to any and all specifications, terms and conditions contained in the ITS, and any released Addenda and understand that the following are requirements of this ITB and failure to-comply will result in disqualification of proposal submitted; Proposer has not divulged, discussed, or-compared the proposal with other Proposers and has not colluded with any other proposer or party to any other-proposal; proposer acknowledges that all information contained herein is part-of-the-pubtic-domain-as-defined-by-tire-State-of-FloT�da-Sunshine-ant-Pubtic-Records-taws;a[l Tesp6ns-es- data and information contained in this proposal, inclusive of -the Proposal Certification, Questionnaire and Requirements Affidavit are true and accurate. Name of Proposer's Authorized Representative: Title of Proposer's Authorized Representative: DM/,0 k--rr-oJ__ 0 iP Signature of Proposer's Authori ed Representative: Date: ro r 3 i State of FLORIDA ) On this Jday of S��° ,20_,personally appeared before me-1Av1% ®ET^J1)r- County of f� ' PI''0 ) stated that (s)he is the �, who ��J7�4 V 66JAI-S a corporation, and that the instrument was signed in behalf of the said corporation by authority of its board of directors and acknowledged said instrument to be its volunt`ry act an eed. Before me: NOTARY.")l.' r- E; FLORIDA :mare EE030755 Notary ublic-for the State of -c- - =l.�lill�.;>S -:Vii' rY y .,,,,,,.•; E;; (-,s: OCT.17,2014 My Commission Expires: i0-i7-ow/ BONDED TI4RO ATLANTIC BONDING CO.,INC. ® ["ALA,A!BEACH 7 APPENDIX A APPENDIX B COST P -ROPOSAL M.I,AM. . -.:I B.EAC:H DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive Miami Beach, Florida 33139 305-673-7490 ; :N1.1 BEACH APPENDIX 6—Cost Proposal DESCRIPTION QTY UOM UNIT PRICE TOTAL Scarifying ten(10)Hydrogrid courts,as specified herein,to include replacement of aluminum posts and nets. 10 lEach $ $ L3 q Resurfacing of two(2)hard courts as specified herein. 2 Each $ Z�.Di) $ �� 00 Waste Dis osallDum star Job $ 5 00 .00 $ 5�0`� �� GRAND TOTAL $ `/3 �7°• o Cost for each additional ton of proper court surface r � material. Ton $ Z ° $ S ACKNOWLEDGEMENT • Aeb •• accordance In , bidder's •. o to -• each.and every addenda issUed,-by the City.Bidder a -•o by e belowthat it has received, ,••- a. -o • acknowledge e addenda rnay dlsq 41d. Addenda 1 Addenda 5 Addenda 9 Addenda 2 Addenda 6 Addenda 10 Addenda 3 Addenda 7 Addenda 11 Addenda 4 Addenda 8 Addenda 12 BEACH APPENDIX'I3--Cost Proposal Fast-Dry Couff'S Since 1400 N.W I-r Avenue, Pompano Beach, FL 33069 1981 Tel.(954)979-3111 Orders. (800)432-2994 Fax. (954)978-8479 o www.fast-dry com EXPERIENCE o SERME ® !VALUE Me Fast-Dry CourtS Submittal Requirement: Statement of Litigation History Please be advised that Fast-Dry Courts, Inc. has no history of litigation or regulatory action filed against them in the past 5 years. Sincerely, Trimmer Dettor Secretary Fast-Dry Tennis Courts, Inc. AMERICAN SPORTS BUILDERS Fast-Dry Corporation MEMBER ASSOCIATION Tennis Court Cons&vction Fast-Dry Courts,Inc. ,` Resurfacing o Supplies Hydro-Court of Florida,Inc. Lighting ® Export Fast-Dry Courts A Mv. 1_1°A vefwe Aww8rio BeXh, Ft j3069 rek(954)979-3.1111 0,rders.-(800)43_2-.:9!_,4 F311"(R5*4)9,76-8479 EXpERrFNCE w 5,ER VICE • VA L LIE Me Fast-Dry Courts RESURFACING AND SCARIFYING TENNIS COURTS AT NORTH SHORE TENNIS CENTER ITB No. 404-2013LR SUBMITTAL REQUIREMENT: Proposer shall subilill a inininium offlirce(31) references. including the ibilowint-, I " ) Address. 4)Telephone. 5)Contact's (mail and 6) InfOrniation: 1) Firm Name, 2)Contact Individual Name & Title. Narrative on Scope ol'Sm,ices provided. I Company/Entity Name- Address amity. State. ZjD.' vi` b Pro'ect Manager of Firm-. t I Title Phone too._' Completion Date of P within 1 to•i/t i- Summary of Protect L) t- (j, - i-J Number of Courts- Con,,panv!-wity Name: V J r=J) L) 'ddress City,'. State. Zip C 0 f Proiect t.1an2ger of Firm- 6 DhOnE- N10 5 -7 Con►olebon Dale of Pro-mot '3unirriary of Project- i4_'' L �4_ i Niumber of L npany/Entity Name: C -3 d,-,'r e s s 0 5 C L :--ro�ect f!canager oil Firm: �3'0 1 % C Title T i-re ell 7 Sr- f Comclet!on Date of ProlE-ct Sunitnary of Protect: L/I f- 12- Tri F�.L) ZI I — -- I C. J 2., Fast-Dry Courts __. TENCE SERVICE VALUE EXPER r a5t-Dry Court's 1':fE�li I�:t'i l'.11k 1't�ilri:t�li}' 1?Ii+1CLi ?E it . . . :lIC latl`\i'tl C1111v co pieicd :i Mini C olrl Ke1dfliwIH� '1'.;11:`.:?'.11�, :t'Ili:l�. it:i;E:�il?i3ll.��L�i.t.l '1Elit 111tl1I?L';lt�,lr.l i5Y!lil� IElrlili_k°�it`+l:! I-"F:�1'itl:3_ It illla l'tii 0I 1LLx.i=).it'l. lilt! Iillhli)t 4iliilE€. .iii-':►r. ( til;i i.. (:i'.'. 'A'01;1d ii?:r '0`„ :t)1lI eF?ii71t'i 1u1 01 I'tii:;lltl °llal "m in 11lxl,k %CI-\ we lltthlle �Le"lit : i CtCC\LL. WeIIP,LI Iillililila!l'l� is i1i7L ill1��'1 i1' I'ICI1.-�L';111>-\ Q1 till-; j11;4_'ll' llllC�ittlil, ;fElCl:lii` �r!iEiiliL'ili� ill::i %(W IIVOU ili 11k . iillll 01"m E'Lltli n to 91 kit- III'I t: mclOsco p1'l'-hillll emt:l(mc. 111 \OU :try I1;tlllLlilarl\ Ei::l)h\ 111111 111c l?EiYil'L'i :hill `A'Mld hl_C'W -C",-,l' :�:CI]�C !ctrl :f51 l)I\ tllll'{ 117c.. ill)11'I1 c I-clt' N c�., belt`;l ;md cinc of ow Ill C,�nl;lcl %()a 1t fill rltll{Il}Il;l1 LlC{iEli\. ':;11!}i+ a+:1lil IiII' �tPilP- 11CIn:f11L1 \l l: 1101-W lI}ji:i-1C \-(it! :1L.°.:llli HI Ill,_ Ii11111-C, SCI' ,�['Ih: e t tl{tir ,? { I ,-: II1lL' (11I1�1 "ni-A t'% (t!e t!nn IYe\ +I.,L'l�' '1 '1:�FI \ri 1 l',ltli 111 rc�i)iTii?X1111 1':l•1-1)r\ i,i+Fi1s�. Ilia: o�i �r"011--.l+!!1 +1 — - ) Co - s. Inc. to :l friend or colle;.rt�ne , ► - �.e ►11t1 Irt 111 rt:e:tarilnleucf I'a;t 1 i� nr t f c 1 �., Nentr:)l-- 1 %%mild neither recommend V-ISI-Dr` ('0111-1% nor recorain end :lt,:liw►t h:l•t-1)r. ( «Elrt,. Inc. _ I -%onld queer recommend Fa,,t-DrN Conrt4. Inc. to a friend or collea,_,ne ' t►Til171C ttl4' �4 1L'l� r'C 'v'11� }(��• 1a t-) Qa JP I t%i)lild lie It:ppN to wrve a5 a reference fi►r Comas. Inc.: Ye to aMLIII:ati SPORPs HL'1LDERS �&"-Dry Corporation !ll ttithttr ASSOCIATION rennis Court Consf,;:rr,: -?W-Dry Courts,Inc. Resurfacing • Supp!ie. r.� Court of Florida. fnc. f.igl;ting r Expt7r' rhe' fast-Dry cautt a L :1c}1 -1 rntlt� i, nwr `.0i. W. ;ltl:liltir A.-MIL Tclt pitllnc: 561-716 0016 ? Ir,s', BL'<rt`I). I'f_ 11-1-14 1. 111:tit- .,fl got 1, ?'alol.coln _•11-D1 C ut 4, In:. • � Center LilYt Ri1l 1O'Lt lV•. 41:' (31OIL-11 Mid .•ill i'llmact us .`llpaln thy' mcm mile you luml (ltit `clwlcc' I ail-L11 i G om-I.s. Illy. 11llllds. ;:5� 11i:1t'e11:lftl� tL`(111t�. ll:l�}wi'tlt:lll. I�(1�«a ai1tl �lttifil:l��l:irti il;lrtl`, tllrou�_91t1ut }-I(}rtto:s. i ifi iI tC,C"t (5( rc:�lis;i:F. �iliE} tilltli'('`t�ilit'Ilt: I .;,t Dr'. (1t.lr'n,. I11i iE�llifti lil:E ii) �T�t \tilif I�St1ti111 till ill'. tjtl:iflt� tit 1f1', rcift.'l and rA 1,-"e Ot; I'L.. I d et c Lill ilt't'41.1rld 4}1:1t ',Oli :ll: Ilk- l% ',i 1'4 I1 W% tit'1 V,c 11A%I.- lii1111til::ted :1 0111 (}tiC-tttetl tt:it hl;:11_ ;111'Wel-€I11', t,}tlL'1 1110!l. :I(ILI :1111' C011111WIll', HIM \'Oil V.'(1!sld Itl•c. and til,,n 1'cInni it) U, ill vrl 1:14 19, - 3'` 1?(�►. l} NOU itr�` h:irtit'lt}:lrl1° (1a�11Z�' �t'ttll t}l� pi(�f �t :lticl t�(lul;a lil;�' tit .:'r�� :z; z rt fi r�stzt' Int f adt-[�r% (.(lttrt lsi. -iitl•','I% :tudc lvclokk arlil on". ()I oil!" Ill ,'(111lacl i'o(I =F.Lill :iddlil(illid (IL'i:ilk i ii:ttlf :S`�ilrtl fill- t1L=: help and eke ho"it it'! WH aLmin ill ills fmurc ?lit 1.0 . tile! ti.lf' t:Itit1`L t.Jl lli'�i 'UrVe )tie`tl#)t1 Iikck i� it that `ou vould I-cco(1lllwild I vi[-Dcv Court". Ilic I(1 a I'l lclld 01 t i2lk- I€l= I %10111d hi;!hlc recommend Fast-Dry Courts. Inc. to a friend or collcalpic = Neutral— I \voWd neither recommend Fast-Dri. Courts nor recommend against Fa,,t-Dry Courts. It1c. I = I \tmild never recevmment! Fast-Dn Cipurts, Inc. to a Friend or collca;ni ` ul file n VS: It i! J J ` I +ould be llt pp% to scrvc a1'*a1 reference for Fast-Dry Courts. Inc.: L ,c� 10 AM"CAi ttf��9€1fP/ 7AS!*C3Et�'Sl3t'lil�f}ci Rc'tid:n°acitig • Sv..,�i. �x';,`<$ 6.;tl.*c�,r.yc!(?#'G'ci fir'%: l.11a?7t'.!?? • �t;�r?i; Xv t City of North R/Huhlu�� 776 Norst��sl 125T Slr+tet PO Rnx iil!1(]iVi HImI o Miami. Ie.ri ?i 1 +► 1P' - r r cs as tlf., Q'i '' t Q . ..F . PARKS AM) R1: RIATIt M !)I i ARRIII-:: i last-Ury Courts, Inc. Avention: Mr. Todd Uettor l'ompario Beach. Fl- •3069 i War livid: i want Ei► thank Nim lC�r the wondedbi joh ym did resulAacing our !� a�1111;,1t tetlni� �i►urt ;1t Penny Su+garman I cllilis Center :11 San Si.,uci. As -,im kiwxt . tlic Lit\ of \()r111 'Alianii and the l'STA partnered together to tend this m;lior r'esurt-ac:ing pri►iect. We are hoth thrilled ��-ith the results! The nex� "t .ti Open Blue" co for scheme C-rom C�alilorni;1 Products has been a real hit %6th our nlcnihem Our renm aced tennis couris ha e twilled ?1� u attract new members :Inl I?litro?lti illl(! tllc i?tEttr Ci►e[("t J�I;t�::brllt\ h;i` Cletlllllel� chanecd everyonc*s rililt►i1 for the helter. k, I %touij most (lelmitcIv recommend Fasi-Dry (: mils la► an\tLnc I;lll'restcti in cor1 pIcting a IC111115 C01111 rCSUrl;lcin`. or construction Eii't►lcet. We Oil that `(+Ur hrr ing was lair, ywir foreman, was, prole:ssional and courteous :Ins! the \k-orl: vas c(lmpletcd on tinle- Ill fart. i `.-e look ibm.ard to worl;II1+_' with `•"tau mill in the i1 ;Ir tllturt on our clw, court resurflacing, pri�je(:t. Thanks aeain 1'or a fantai tic nro)cct' s 1 Siilcerci . i E Rccrcation Suf1crirltenilcill C Cc: ieT-, L.tie_ Director ('('Parks and Recreati.�il � Jet I C_,elrlier. Asslst;itlt Dli-ctli►i' i1I l►;ii'l:ti :'nti Rcl'r'c;itrorl I Annalisa Walker. Recreation SUJ_1cr\isl'r Ross I)uhins. 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With this license you become one of the nearly one million 1 DEPARTMENT OF BUSINESS AND lorid�ans licensed by the Department of Business and Professional Regulation. ► PROFESSIONAL REGULATION OLsr professionals and businesses range from architects to yacht brokers, from )oxers to barbeque restaurants, and they keep Florida's economy strong. CGC1518034 0518/12 118186603 Every day we work to improve the Tray we do business in order to serve you better. For information about our services,please log onlo www.myfloridaliceilse.com. CERTIFIED GENERAL CONTRACTOR There you can find more information about our divisions and the regulations that DETTOR, TODD M inipact you, subscribe to department newsletters and learn more about the FAST-DRY COURTS INC Department's initiatives. O:►r mission at the Department is: License Efficiently, Regulate Fairly.We constantly strive to serve you better so that you can serve your uqtamc- r Th tnk you for doing business in Florida. and congratulations cn y0ur ne v Itcensel CE TIFI�AUG uG:.�3 :ha prari�,oae of C2z.48a rs F:x�frat:or. d•;e: 3Z, 2014 L12051800009 DETACH HERE TMS.. . -.• IN STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD SEQ#L12051800809 � • - LICENSE NBR 1,8/20121118186603 ICGC1518034 aENERAL CONTRACTOR below IS CERTIFIED the provisions of Chapter 489 FS., tion date: AUG 31, 2014 TOR., TODD M �-DRY COURTS INC N.W. 13TH AVENUE ANO BEACH FL 33069 7K SCOTT KEN LAWSON )VERNOR SECRETARY DISPLAY AS REQUIRED BY LAN =r R WM9 Request for Taxpayer Give Form to the tflev, Os!c�--;r;ber 201 1 Identification Number and Certification requester.Do not I send to the IRS. Def,zirrnent of 9,e Treasury .ntern,'0 i,c• Lnue Service (as shovn an v0jr;ncemii!ax retirw Fast-Dry Courts, Inc. [3LJ5:ne55 nel-,eid=sTegarded entity name.if d ffelor),i1c.'r,nvovca ctu--c-, t.ox tot Federal tax c!assiI!CaI,ot%* [3 .-,0st" C Cc!nw;mon ❑ S Cornor2tien ❑ CL 0 ❑ payee `. t; ❑ L.rritetj comoany.rntet tne tax classification(C=C cEiri)(iiflio.n.S=S cvrper;�ticn. 0 -------------------------------- Otnef(Spil irstruct!o•si► Address(nwabet,street,a---)d ar)%-nr su;!eno,; Rt-quc�M�,r'5 nan�c-and addf(!ss(=iana1 CL 1400 NW 13th Avenue ru Crty.suite,and ZIP code Pompano Beach,FL 33069 List acCount numberis)here foot;oni") Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on the"Name"line Social security number -tithholding.For individuals,1void backup i. Is,this is your social security number(SSN).Hov.rever.for a resident alien,sole proprietor,or disregarded entity,see the Part I instructions on page 3.For other 1---rifities,it is your employer identification number(EIN).11 you do riot have a number.see How ro gpi a T I fN at,page 3. (dote.if the account is in more than one name,see the chart on page 4 for guidelines on whose Employer identification number -lumber to enter. ri 5 -1 9 2 1 8 1 2 1 1 1 6 1 4 101 Certification Under penalties of pereury-I certify thar Tho number shown on this form is my correct taxpayer identification number for I am waiting for a number to be issued to me).and I an-i not subject to backup withholding because:(a)I am exempt from backup Nvithholdina,or(b)I have not been notified by the Internal Revenue Service(,IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends.or(c)the IRS has notified me that I am no longer subject to backup withholding.and 3. 1 am a U.S.citizen or other U.S.person(defined below), Certification instructions.You must cross out item 2 above it you have been notified by the IRS that you are currently subject to backup withholdirict because you have failed to report all interest and dividends on Your tax return.For real estate transactions,item 2 does not apply. For mortgage 'nterest paid,acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),anc generally.payments other than interest and dividends,you are not required to sign the certification.but you must provide your correct TIN. See the instructions on page 4. Sign Signature ot--L. Here 1 :2 k�' U.S.person W Date 1e 4�3 l General Instructions Note.It na requester gives you a form other than Form W-9 to request your TIN,you must use the requester's form if it is substantially similar Section references are to the Internal Revenue Code unless otherwise to this Form W-9. noted. Definition of a U.S.person.For federal tax purposes,you are Purpose of Form considered a U.S.person if you are: A person who is requited to Fite an information return with the IRS must •An individual who is a U.S.citizen or U.S.resident alien, obtain your correct taxpayer identification number(TIN)to report,for •A partnership,corporation,company,or association created or example,income paid to you,real estate transactions,mortgage interest organized in the United States or under the laws of the United States, you paid,acquisition or abandonment of secured property.cancellation e An estate(other than a foreign estate),or of debt,or contributions you made to an IRA. •A domestic trust(as defined in Regulations section 301.7701-,). - Use Form W-9 only it you are a U.S.person(including a resident alien), Special rules for partnerships.Partnerships that conduct a trade or en�,to provide your correct TIN to the person requesting it(the reauestor)and,when applicable,to: business in the United States are generally required to pay a withholding tax on any foreign partners'share of income from such business. I Certify that the TIN you are giving Is correct(Of You are waiting for a FUrthiPf,in certain cases where a Form W-9 has not been received,a number to be issued), partnership is required to presume that a partner is a foreign person, 2-Certify that you are not subject to backup withholding,or and pay the withholding tax.Therefore,if you are a U.S.person that is a 3.Claim exemption from backup withholding if you are a U.S.exempt partner in a partnership conducting a trade or business in the United payee.It applicable,you are also certifying that as a U.S.person,your States.provide Form W-9 to the partnership to establish your U.S. allocable,share of any partnership income from a U.S.trade or business status and avoid withholding on your share of partnership income. is not subject to the withholding tax on foreign partners'share of effectively connected income- Cat.Nlo 10231X Form W-9(S,,. 12-20111,