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Contract with Miami Pool Tech for Maintenance and Repair of Citywide Fountains MIAMIBEACH C C� CITY OF MIAMI BEACH �I CERTIFICATION OF CONTRACT TITLE: For Maintenance and Repair of Citywide Fountains. CONTRACT NO.: ITB- 2014-159 EFFECTIVE DATE(S): This Contract shall remain in effect for three (3) years from date of Contract execution by the Mayor and City Clerk, and may be renewed, at the sole discretion of the City, though it's City Manager, for two (2) additional one (1) Year periods. SUPERSEDES: N/A CONTRACTOR(S): Miami Pool Tech ESTIMATED ANNUAL CONTRACT AMOUNT: N/A A. AUTHORITY - Upon affirmative action taken by the Mayor and City Commission of the City of Miami Beach, Florida, on September 10, 2014 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 the maintenance and repair of Citywide fountains pursuant to City Invitation to Bid No. 2014-159 and any addenda thereto (the ITB), and Contractor's bid in response thereto (this Contract, the ITB, and Contractor's bid in response thereto may hereinafter collectively be referred to as the "Contract Documents"). C. ORDERING INSTRUCTIONS - All blanket purchase orders shall be issued in accordance with the City of Miami Beach Procurement Department policies and procedures, at the prices indicated, exclusive of all Federal, State and local taxes. All blanket purchase orders shall show the City of Miami Beach Contract Number 2014-159. D. CONTRACTOR PERFORMANCE - City of Miami Beach departments shall report any failure of Contractor's performance(or failure to perform) according to the requirements of the Contract Documents to City of Miami Beach, Anthony Kaniewski, Property Management Director at 305-673-7000 ext. 2914. E. INSURANCE CERTIFICATE(S) - The Contractor shall file Insurance Certificates, as required, which must be signed by a Registered Insurance Agent licensed in the State of Florida, and approved by the City of Miami Beach Risk Manager, prior to delivery of supplies and/or commencement of any services/work by Contractor. F. ASSIGNMENT AND PERFORMANCE - Neither this Contract nor any interest herein shall be assigned, transferred, or encumbered by Contractor without the prior written consent of the City. In addition, Contractor shall not subcontract delivery of supplies, or any portion of work and/or services required by the Contract Documents without the prior written consent of the City. 1 `�� Certification of Contract Contractor warrants and represents that all persons providing/performing 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. G. y 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 - 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 287.017, Florida Statutes, for category two purchases for a period of 36 months from the date of being placed on the 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: For City: Alex Denis, Procurement Director City of Miami Beach Procurement Department 1700 Convention Center Drive Miami Beach, Florida 33139 E-mail: alexdenis(dmiamibeachfl.gov With copies to: City Clerk City Clerk Office 1700 Convention Center Drive Miami Beach, Florida 33139 For Contractor: Miami Pool Tech Inc. 8493 NW 54th Street Doral, Florida 33166 Attn: Ray Perez Phone: 305-477-0340 Fax: 305-477-0270 E-mail: ray a,miamipooltech.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. J 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. O. 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 (- Certification of Contract IN WITNESS WHEREOF the City and Contractor ha e sed this Certification of Contract to be signed and attested on this day of 20 A, by their respective duly authorized representatives. CONTRACTOR CITY OF MIAMI BEACH BZ:L �jz Y Preside ' nature Print Name Date 10._pct, ate ATTEST: ATTEST: Secr tart'/Signature City Clerk Print Name Date y X11 / INCORP ORATED: Date �l ?_ F:\PURC\$ALL\Solicitations1201412014-159-SW-For Maintenance and Repair of Citywide Fountains.doc Attachments: A: Commission memo and Item Summary B: ITB, Addendum C: Proposals D: Insurance Certification APPROVED AS TO FORM & LANGUAGE &FOR EXECUTION City Attorney Date 5 ATTACHMENTS � A f^— COMMISSION ITEM SUMMARY Condensed Title: Request For Approval To Award A Contract To Invitation To Bid(ITB)No.2014-159 For Maintenance And Repair Of City Wide Fountains. Key Intended Outcome Supported: Ensure Well-Maintained Facilities. Supporting Data (Surveys, Environmental Scan, etc.): N/A Issue: Shall the City Commission approve the award of Contract? Item Summary/Recommendation: The purpose of Invitation to Bid (ITB) No. 2014-159 is to establish a contract, by means of sealed bids, with a qualified firm(s)to provide cleaning, chemical and repair services of 22 fountains located within the City of Miami Beach (the "City")for the Department of Property Management. This item is necessary in order to ensure the proper functioning and the pleasant appearance of the fountains which are located in areas frequently visited by tourists and residents. In addition, this service will shorten the response time and improve the efficiency of the repair of the fountains whenever the need arises.The contract(s)entered into with the successful bidder(s)shall remain in effect for three(3)years with the option to extend for two(2)additional one(1)year periods ITB No. 2014-159,was issued on June 11, 2014,with a bid opening date of July 2, 2014. The ITB resulted in the receipt of three(3)responses from Cast Development LLC, Fountain Design Group, Inc., and Miami Pool Tech. After review of responses received,it is recommended that Miami Pool Tech, the lowest responsive,responsible bidder, be awarded the contract for Section 1, Maintenance and Cleaning; and Section 2, Repairs. RECOMMENDATION Based on the aforementioned, the Administration recommends that the Mayor and City Commission award a contract pursuant to Invitation to Bid (iTB) No. 2014-159 for Maintenance and Repair of Citywide Fountains to Miami Pool Tech. Advisory Board Recommendation: N/A Financial Information: Source of Amount Account - kY .. .. Fu ds: 1 $25,000 Lincoln Road. 168-9964-000325 2 $50,000 Property Management 520-1720-000325 Total $75,000 Financial Impact Summary:*The annual cost associated with the maintenance and repair of City wide fountains is subject to funds availability approved through the City's budgeting process. Account information and availability of funds shall be verified and approved for each request prior to procuring the services.Should additional funding be required due to increased need of services, it will be subject to the review and approval of the Budget Office. City Clerk's Office Legislative Tracking: Alex Denis, Director Ext#6641 Sign-Offs: De artmeht Die for Assistant ana er Cit na er AD ETC MT JLM F:1T_Drive I GENDA120141September\1TB 2014-159-SW City Wide Fountains SUMMARY.doc J [ AGENDA ITEM . DATE 26 9 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachf.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members f the City ommission FROM: Jimmy L. Morales, City Manager DATE: September 10, 2014 SUBJECT: REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO INVITATION TO BID (ITB) NO. 2014-159 FOR MAINTENANCE AND REPAIR OF CITY WIDE FOUNTAINS. ADMINISTRATION RECOMMENDATION Approve the award of the contract. KEY INTENDED OUTCOME Ensure Well-Maintained Facilities. FUNDING The annual cost associated with the maintenance and repair of City wide fountains is subject to funds availability approved through the annual budgeting process. Account information and availability of funds shall be verified and approved for each request prior to procuring the services. The funding and accounts noted below are anticipated FY 2015 budget amounts. -Amount Account 1 $25,000 Lincoln Road. 168-9964-000325 2 $50,000 Property Management 520-1720-000325 Total $75,000 i Should additional funding be required due to increased need of services, it will be subject to the review and approval of the Office of Budget and Performance Improvement(OBPI). BACKGROUND INFORMATION The purpose of Invitation to Bid (ITB) No. 2014-159 is to establish a contract, by means of sealed bids, with a qualified.firm(s) to provide cleaning, chemical and repair services of twenty-two (22) fountains located within the City of Miami Beach (the "City") for the Department of Property Management. This item is necessary in order to ensure the proper functioning and the pleasant appearance of the fountains which are located in areas frequently visited by tourists and residents. In addition,this service will shorten the response time and improve the efficiency of the repair of the fountains whenever the need arises. The contract(s)entered into with the successful bidder(s)shall remain in effect for three (3) years with the option to extend for two (2) additional one (1) year periods. ITB PROCESS ITB No. 2014-159, was issued on June 11, 2014, with a bid opening date of July 2, 2014. One (1) addendum was issued. The Procurement Department issued bid notices to twenty-one (21)firms utilizing the Public Group and the Florida Purchasing Group website. Six(6) prospective bidders accessed the advertised solicitation. In addition, the Procurement Department sent the ITB document to additional firms not registered with the Public Group via email. 27 Commission Memorandum ITB 2014-159 Maintenance and Repair of Citywide Fountains September 10, 2014 Page 12 The notices resulted in the receipt of three (3) responses from Cast Development LLC, Fountain Design Group, Inc., and Miami Pool Tech. The ITB stated that the lowest responsive, responsible bidder meeting all terms, conditions, and specifications of the ITB will be recommended for award for Section 1, Maintenance and Cleaning; and Section 2, Repairs(Hourly Labor and Cost of Equipment and/or Materials). Veterans and local preferences were considered during the tabulation of the bids received. Local preference was not applicable to any of the bidders. Veterans preference was applicable to Cast Development, LLC. In evaluating the bids received it has been determined that,for Sections 1 and 2,the bid from Miami Pool Tech is the lowest responsive, responsible bid. In its due diligence, the Procurement Department verified the following: Minimum Requirements The ITB stated that bids will only be considered from firms that are regularly engaged in the business of providing the services for a minimum of three(3)years and that firms provide a contact name and phone number for verification. Cast Development LLC provided verifiable references from Miami Dade Park and Recreation Department, City of Miami Beach, and City of West Miami. Fountain Design Group, Inc. provided verifiable references from Alhambra Towers,Jackson 'Memorial Hospital, and City of Jacksonville. Miami Pool Tech provided verifiable references from Belle Mare at Williams Island Condo, Trump Doral Golf Resort and Spa, 2600 Island Boulevard Condominium, and the City of Miami Beach. Past Performance Miami Pool Tech,the recommended bidder for Sections 1 and 2, has more than twenty-one (21) years of service with local businesses and also has provided fountain cleaning and repair services for the City of Miami Beach in the past. In addition their employees are all subject to background checks, extensive training and certification. They only employ direct hires and do not utilize sub-contractors. Pricing tabulation is attached. CITY MANAGER'S REVIEW After considering the review and recommendation of City staff, the City Manager exercised his due diligence and is recommending to the Mayor and the City Commission to award a contract to Miami Pool Tech for Section 1, Maintenance and Cleaning; and Section 2, Repairs. 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The ITB is amended in the following particulars only. I. Revisions: The Bid Tender Form, in Appendix E, has been revised and attached. The revision is the removal of Item #23, South Pointe Park, (interactive fountain). This fountain is closed and will be completely redesigned as a non-interactive fountain. At the completion of the redesign the City will request quotes for the maintenance, cleaning and/or repair of the new fountain per the terms of the ITB, Appendix D, Special Conditions, Item 13, which states: 13. ADDITIONS/DELETIONS OF LOCATIONS: Although this Solicitation identifies locations to be serviced, it is hereby agreed and understood that any location may be added/deleted to/from this contract at the option of the City. When an addition to the contract is required, successful bidder(s) under this contract shall be invited to submit price quotes for these new locations. If these quotes are comparable with prices offered for similar services, the award(s)shall be made to the lowest responsible bidder(s) meeting specifications in the best interest of the City and a separate purchase order shall be issued by the City. II. Please see answers below as a result of questions presented at the Pre-Proposal Submission Meeting. Q1. Does the City have a process for terminating a vendor? Is there language regarding this? Al. Yes, per Section 0200, Instruction to Bidders, Item#70, Termination for Default which states: 70. TERMINATION FOR DEFAULT. If the successful bidder shall fail to fulfill in a timely manner, or otherwise violate, any of the covenants, agreements, or stipulations material to the Bid and/or the contract entered into with the City pursuant thereto, the City shall thereupon have the right to terminate the work and/or services then remaining to be performed by giving written notice to the bidder of such termination, which shall become effective upon receipt by the bidder of the written termination notice. I,.. . 4 5 1 In that event, the City shall compensate the successful bidder in accordance with the term of the contract for all work and/or services satisfactorily performed by the bidder prior to termination, net of any costs incurred by the City as a consequence of the default. Notwithstanding the above, the successful bidder shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the bidder, and the City may reasonably withhold payments to the successful bidder for the purposes of set off until such time as the exact amount of damages due the City from the successful bidder is determined. The City may, at its discretion, provide reasonable"cure period"for any contractual violation prior to termination of the contract; should the successful bidder fail to take the corrective action specified in the City's notice of default within the allotted cure period, then the City may proceed to terminate the contract for cause in accordance with this subsection 1.57. Q2. Regarding the maintenance and cleaning requirements, are you stating three (3)times per week for each fountain? A2. Yes Q3. Are there any interactive fountains in the City? A3. Yes,#23, South Pointe Park. However, it will be redesigned as a non- interactive fountain. Q4. Are all the pump houses accessible or locked? A4. Some are locked, some aren't. As far as accessibility, please go visit the fountains. If you need access please contact Steven Williams @ stevenwiliams(a�miamibeachfl.gov of(305)673-7497 to coordinate with the department. Q5. If we are maintaining the fountain and we find a pump fail or even a simple light bulb replacement do you want us to repair immediately or advise you first to get permission? A5. The user department requests that you do not repair anything but first submit a quote, per the pricing submitted in the bid tender form to the City Representative and get authorization first. Q6. How long does the pricing that we submit stay locked in? Is there language regarding this? A6. Per Appendix D, Special Conditions, Term of Contract. The Contract shall commence upon the date of notice of award and shall be effective for three (3) years. OPTIONS TO RENEW. The City, through its City Manager, will have the option to extend for two (2)additional one (1) year periods, subject to the availability of funds for succeeding fiscal years. 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. COST ESCALATION. Prices most 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. Q7. When we turn in the bid, do we just turn in the entire package or just the bid tender form and references? A7. Per page.15, Section 0300, Item #2 Bid Proposal, please submit the following: 2. BID PROPOSAL. The Bid Proposal is to include the following: TAB 1 - Bid Tender Form (Appendix E).The Bid Tender Form shall be completed mechanically or, if manually, in ink. Bid Tender Forms completed in pencil shall be deemed non-responsive.All corrections on the Bid Tender Form shall be initialed. TAB 2- Bid Certification, Questionnaire and Affidavits (Appendix A). Also, be sure to go through every page and sign wherever request by an authorized official of your organization. Also, please be sure to submit a SQR from Dun & Bradstreet as requested in Appendix A. Also, be sure to provide references as requested per the minimum requirements.Also, be sure to sign the affidavits. Be sure to submit the Bid Tender Form with all the pricing, inclusive of both sections. Be sure to add your markup for equipment and parts. Please also be advised that invoices must be sent to us in the format that you priced in the bid tender form. Q8. Are the fountains being maintained right now? Will they be maintained until award? A8. Yes, currently based upon an ITQ, Miami Pool Tech is maintaining. However,this ITB is for the purpose of awarding a multi-year contract. Q9. As far as the reference requirement; we have several HOA's but we don't have one community that has 23 fountains so how do we go about referencing. A9. The ITB says similar in scope and size.We would like for you to supply references that you feel are comparable. The City will check references. Remember you need to submit an SQR via Dun & Bradstreet so this is additional information the City will consider regarding financial capability. Q10. Are there filtration systems on every fountain listed? A10. Lincoln Road block 1000 has lighting, no chlorinators. Sand filter. Lincoln Road block 900 has cartridge filtration system. There is a leak on the suction line that we may have the vendor repair. None of the fountains have chlorinators or floaters. However, we have homeless people and we are concerned about their health so we have to be careful with tablets. Thus far we haven't had any issues. We use tablets, liquid chlorine, and calcium. Lincoln Road block 800 has a cartridge filtration system that needs to be replaced. No fountains have floaters and we can't use them. It's running but not filtering. Lincoln Road block 700 has a sand filter; 600 has no filtration whatsoever, 500 has cartridge filter.400 block has two (2) separate and neither have .I.. 3 filtration. Palm Island &Star Islands have cartridge filtration.The one on Star Island is back to back using same pump.Alton Road doesn't have; 41St Street doesn't have; 71 st. is under renovation.The Welcome Sign dos not have filtration system. 6th Street Community Center doesn't but is the only location that has submersible pumps. The Copa has a cartridge. The 777 building has a sand filter. The Rotunda has a cartridge. The North and South (are in the same park) both have cartridge. The Tranquility has a cartridge. Ocean front has a cartridge. South Pointe is closed and the only technically interactive fountain. Q11. 6th Street has submersible whereas 715t Street had them in the past. Will it switch over to a; remote pump? A11. Yes it is. I have seen the specs on paper and that is the plan. Q12. Are these pumps in pits or on slabs? Al2. It's a mix; some on pits. Collins Parks all have pump boxes. The 1000 block (Lincoln Rd.) is on a concrete slab above the fountain. The pumps are hidden by landscaping but exposed. The 1000 and the 700 block are exposed. The rest are in a pump box or submersible like 6th street. Q13. Do you have any problem with flooding? A13 Yes, Collins Park. We have some pumps set in place but we might get a surge. (REMAINDER OF PAGE LEFT BLANK INTENIONALLY) I APPENDIX E A I I 11A, BA 9 Bid Form `REVISED June 20, 2014; Section 1 only revised. 2014- 159-SW Maintenance and Repair of Citywide Fountains DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive Miami Beach, Florida 33139 I 4- - 5 APPENDIX E BID TENDER FORM Bidder affirms that the prices stated on the proposal price form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Bid Tender Form shall be completed mechanically or, if manually, in ink. Bid Tender Forms completed in pencil shall be deemed non-responsive.All corrections on the Bid Tender Form shall be initialed. SECTION 1. MAINTENANCE AND CLEANING. a . 1 Lincoln Rd Mall fountain(Block 1000) 52 week $ $ 2 Lincoln Rd Mall fountain Block 900 52 week $ $ 3 Lincoln Rd Mall fountain(Block 800) 52 week $ $ 4 Lincoln Rd Mall fountain Block 700 52 week $ $ 5 Lincoln Rd Mall fountain(Block 600) 52 week $ $ 6 Lincoln Rd Mall fountain(Block 500) 52 week $ $ 7 Lincoln Rd Mall fountain(Block 400)#1 52 week $ $ 8 I Lincoln Rd Mall fountain(Block 400)#2 52 week 6 $ 9 Palm Island fountain, 156 Palm Ave. 52 week $ $ 10 Star Island fountain, 12 Star Island Dr. 52 week S $ 11 21 St.fountain 21 st&Alton Rd. 52 week 6 $ 12 41 St.fountain 41st&Pinetree Dr. 52 week $ 13 71 ST.fountain 71 st&Ruevendome Dr. 52 week 8 6 14 Welcome Sign fountain, 71st&Biarritz Dr. 52 I week $ $ 15 6th St. Community Center fountain, 833 6th St. 52 week $ $ 16 Topa Fount. 1700 Washington Ave. 52 week $ $ 17 777 Building Fountain.777 17th ST. Meridian Ave. 52 week $ $ The"Rotunda"fountain,Bass Museum&Collins Park 18 Fountains 2111 Collins Ave., East 52 week $ $ The"North"fountain, Bass Museum&Collins Park,2111 19 Collins Ave. 52 week $ $ The"South"fountain, Bass Museum&Collins Park,2111 20 Collins Ave. 52 week $ $ The"Tranquility"fountain, Bass Museum&Collins Park, 21 2111 Collins Ave, NW corner 52 week $ $ 22 Ocean Front Auditorium, 1001 Ocean Drive 52 week $ $ 24 �geUth P9iRte Pa* 52 week $ N/A $ N/A Total annual Maintenance and Cleaning Fee: $ ITB No. 2014-159-SW Maintenance and Repair of City Fountains ADDENDUM NO. 1 June 20, 2014 SECTION 2. REPAIRS (Hourly Labor and Cost of Equipment and/or Materials) Group 1 Estimated Annual Group service Total Item Description hours U/M Unit Cost (Quantity x Unit Cost)1 Hourly Rate-Regular(7:00a.m.-5:00 .m., Hourly 1A Mon.-Fri. 460 Rate $ Hourly Rate-Non Regular(after 5:00p.m., Hourly 18 Mon.-Fri.,Weekends and Holidays) 120 Rate $ Estimated Annual Gross Net Cost Group Costs %of Mark-up (Estimated Annual Gross Item Description (Dealer Invoice Cost) Costs x %Mark-up) Mark-up for Parts and 1C Supplies $25,000 % $ m L tf .'. +'�a s. ,1 li� $y -t� s I is`` Z15,?�"�t2fi Grand ! . ! 1 's f / Item • • on Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado @miamibeachfl.gov. Contact: Telephone: Email: Steven Williams 305-673-7497 stevenwilliams@miamibeachfi.gov Proposers are reminded to acknowledge receipt of this addendum as part of your ITN submission. Potential proposers that have elected not to submit a response to the ITN are requested to complete and return the "Notice to Prospective Bidders" questionnaire with the reason(s) for not submitting a proposal. Sincerely, Alex Denis Procurement Director ITB 2014-157 7 INVITATION TO BID ITB Maintenance and Repair of Citywide Fountains 2014-159-SW BID ISSUANCE DATE: JUNE 11, 2014 BID DUE: JULY 2, 2014 @ 3:00 PM ISSUED BY: STEVEN WILLIAMS MIAM] BEACH Steven Williams, Procurement Coordinator DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive, Miami Beach, FL 33139 305.673.7000 x6650 I Fax: 786.373. 4330 1 www.miamibeachfl.gov ® MIAMI BEACH TABLE OF CONTENTS SOLICITATION SECTIONS: PAGE 0100 NOT UTILIZED ........................................................................................................N/A 0200 INSTRUCTIONS TO BIDDERS & GENERAL CONDITIONS........................................3 0300 BID SUBMITTAL INSTRUCTIONS & FORMAT..........................................................15 APPENDICES: APPENDIX A PROPOSAL CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS APPENDIX B "NO BID" FORM APPENDIX C MINIMUM REQUIREMENTS &SPECIFICATIONS APPENDIX D SPECIAL CONDITIONS APPENDIX E BID TENDER FORM APPENDIX F INSURANCE REQUIREMENTS T B 2014-159-SW 2 I\/1(A V,I BEACH SECTION 0200 INSTRUCTIONS TO BIDDERS 1. GENERAL. This Invitation to Bid (ITB) is issued by the City of Miami Beach, Florida (the "City"), as the means for prospective Proposers to submit their qualifications, proposed scopes of work and cost proposals (the "bid") to the City for the City's consideration as an option in achieving the required scope of services and requirements as noted herein. All documents released in connection with this solicitation, including all appendixes and addenda, whether included herein or released under separate cover, comprise the solicitation, and are complementary to one another and together establish the complete terms, conditions and obligations of the Proposers and, subsequently, the successful Bidders(s) (the "contractor[s]") if this ITB results in an award. The City utilizes PublicPurchase (www.publicpurchase.com) for automatic.notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this ITB. Any prospective Bidder who has received this ITB by any means other than through PublicPurchase must register immediately with PublicPurchase to assure it receives any addendum issued to this ITB. Failure to receive an addendum may result in disqualification of proposal submitted. 2. PURPOSE. The purpose of this ITB is to establish a contract, by means of sealed bids,with a qualified firm(s)to provide cleaning, chemical and repair services of 23 fountains(as referenced in Appendix E, Bid Tender Form) located within the City of Miami Beach (the "City") for the Department of Property Maintenance in accordance with the prescribed specifications and requirements. Interested vendors are invited to submit bids in response to this ITB. 3. SOLICITATION TIMETABLE.The tentative schedule for this solicitation is as follows: ITB Issued June 11, 2014 Pre-Bid Meeting June 18, 2014 @ 10:00a.m. Deadline for Receipt of Questions June 25, 2014 @ 5:00p.m. Responses Due July 2, 2014 @ 3:00p.m. Tentative Commission Approval Authorizing Award July Commission 4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact named herein, in writing, with a copy to the City Clerk's Office, Rafael E. Granado via e-mail: RafaelGranado(a)miamibeachfl.gov; 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 (7) calendar days prior to the date proposals are due as scheduled in Section 0200-3. All responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum. Procurement Contact: Telephone: Email: Steven Williams (305)673-7497 Stevenwilliams(c-)miamibeachfl.gov ITB 2014-l 59-SW 3 I 5. PRE-BID MEETING OR SITE VISIT(S). Only if deemed necessary by the City, a pre-bid meeting or site visit(s) may be scheduled. A Pre-Bid conference and site visit will be held as scheduled in Solicitation Timeline above at the following address: City of Miami Beach City Hall -4th Floor City Manager's Large Conference Room 1700 Convention Center Drive Miami Beach, Florida 33139 Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not mandatory. Proposers interested in participating in the Pre-Bid Submission Meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1- 888-270-9936 (Toll-free North America) (2) Enter the MEETING NUMBER: 1142644 Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in this ITB expressing their intent to participate via telephone. 6. PRE-BID INTERPRETATIONS. Oral information or responses to questions received by prospective Bidders are not binding on the City and will be without legal effect, including any information received at pre-bid meeting or site visit(s). Only questions answered by written addenda will be binding and may supersede terms noted in this .solicitation. Addendum will be released through PublicPurchase. 7. CONE OF SILENCE. Pursuant to Section 2-486 of the City Code, all procurement solicitations once advertised and until an award recommendation has been forwarded to the City Commission by the City Manager are under the "Cone of Silence." The Cone of Silence ordinance is available at http://library.municode.com/index.aspx?clientlD=13097&stateID=9&statename=Florida, Any communication or inquiry in reference to this solicitation with any City employee or City official is strictly prohibited with the of exception communications with the Procurement Director, or his/her administrative staff responsible for administering the P process rocess for this solicitation providing said communication is limited to matters of process or procedure regarding the solicitation. Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at rafaelgranado @miamibeachfl.gov. 8. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following ordinances/resolutions, which may be found on the City Of Miami Beach website: http://web.miamibeachfl.gov/procuremenUscroll.aspx?id=23510 • CONE OF SILENCE..................................................................... CITY CODE SECTION 2-486 • PROTEST PROCEDURES............................................................ CITY CODE SECTION 2-371 • DEBARMENT PROCEEDINGS....................................................... CITY CODE SECTIONS 2-397 THROUGH 2-485.3 • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES.................. CITY CODE SECTIONS 2-481 THROUGH 2-406 • CAMPAIGN CONTRIBUTIONS BY VENDORS................................... CITY CODE SECTION 2-487 • CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT ISSUES...................................................................................... CITY CODE SECTION 2-488 • REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS FOR DOMESTIC PARTNERS.......................................... CITY CODE SECTION 2-373 • LIVING WAGE REQUIREMENT...................................................... CITY CODE SECTIONS 2-407 THROUGH 2-410 • LOCAL PREFERENCE FOR MIAMI BEACH-BASED VENDORS......... CITY CODE SECTION 2-372 ITB 2014-159-SVV 4 BOA/Ml BEACH • PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY VETERANS AND TO STATE-CERTIFIED SERVICE- DISABLED VETERAN BUSINESS ENTERPRISES........................."" CITY CODE SECTION 2-374 • FALSE CLAIMS ORDINANCE......................................................... CITY CODE SECTION 70-300 • ACCEPTANCE OF GIFTS,FAVORS&SERVICES.............................. CITY CODE SECTION 2-449 9. EXAMINATION OF SOLICITATION DOCUMENTS AND SITE: It is the responsibility of each Bidder, before submitting a Bid, to: • Examine the solicitation thoroughly. • Visit the site or structure, as applicable, to become familiar with conditions that may affect costs, progress, performance or furnishing of the Work. • Take into account federal, state and local (City and Miami-Dade County) laws, regulations, permits, and ordinances that may affect costs, progress, performance, furnishing of the Work, or award. • Study and carefully correlate Bidder's observations with the solicitation. • Notify the Procurement Director of all conflicts, errors or discrepancies in the solicitation of which Bidder knows or reasonably should have known. • The submission of a Bid shall constitute an incontrovertible representation by Bidder that Bidder has complied with the above requirements and that without exception, the Bid is premised upon performing and furnishing the Work required by the solicitation and that the solicitation documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 10. POSTPONEMENT OF DUE DATE FOR RECEIPT OF BIDS. The City reserves the right to postpone the deadline for submittal of bids and will make a reasonable effort to give at least three (3) calendar days written notice of any such postponement to all prospective Bidders through PublicPurchase. 11. PROTESTS. Protests concerning the specifications, requirements, and/or terms; or protests after the bid due date in accordance with City Code Section 2-371, which establishes procedures for protested proposals and proposed awards. Protests not submitted in a timely manner pursuant to the requirements of City Code Section 2.371 shall be barred, 12. MIAMI BEACH-BASED VENDORS PREFERENCE. Pursuant to City of Miami Beach Ordinance No, 2011- 3747, a preference will be given to a responsive and responsible Miami Beach-based vendor, who is within five percent (5%) of the lowest and best bidder, an opportunity of providing said goods or contractual services for the lowest responsive bid amount. Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or more Miami Beach-based vendors constitute the lowest bid for a competitively bid purchase, and such bids are responsive and otherwise equal with respect to quality and service, then the award shall be made to the Miami Beach-based vendor having the greatest number of its employees that are Miami Beach residents. Whenever, two or more Miami Beach-based vendors have the same number of its employees that are Miami Beach residents, then the award shall be made to the Miami Beach- based vendor who is certified by Miami-Dade County as a Minority or Women Business Enterprise, 13. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City of Miami Beach Ordinance No. 2011- 3748, the City shall give a preference to a responsive and responsible bidder which is a small business concern owned and controlled by a veteran(s)or which is a service-disabled veteran business enterprise, and which is within five percent (5%) of the lowest and best bidder, by providing such bidder an opportunity of providing said goods or contractual services for the lowest responsive bid amount. Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or more bidders which are a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise constitute the lowest bid pursuant to an ITB or oral or written ITB 2014-159-SW 5 r Mh!Ml BEACH request for quotation, and such bids are responsive, responsible and otherwise equal with respect to quality and service, then the award shall be made to the service-disabled veteran business enterprise. 14. CONTRACT PRICE. Bid Price is to include the furnishing of all labor, materials, equipment including tools, services, permit fees, applicable taxes, overhead and profit for the completion of the Work except as may be otherwise expressly provided in the solicitation. 15. METHOD OF AWARD. Following the review of bids and application of vendor preferences, the lowest responsive, responsible bidder(s) meeting all terms, conditions, and specifications of the ITB will be recommended for award by bid item, bid group, or for the entirety of all bid items, as deemed in the best interest of the City, to the City Manager for his consideration. 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. The City Commission shall consider the City Manager's recommendations) and, may approve or reject the City Manager's recommendation(s). The City Commission may also reject all bids received. In determining the lowest and best bidder, and in addition to price, Section 2-369 of the City Code provides that the City may consider the following: • The ability, capacity and skill of the bidder to perform the Contract. • Whether the bidder can perform the Contract within the time specified, without delay or interference. • The character, integrity, reputation,judgment, experience and efficiency of the bidder. • The quality of performance of previous contracts. • The previous and existing compliance by the bidder with laws and ordinances relating to the Contract. 16. MULTIPLE AWARD.The City may award up to three vendors (primary,secondary,tertiary), as available, by line item, by group or in its entirety. The City will endeavor to utilize vendors in order of award. However, the City may utilize other vendors in the event that: 1)a contract vendor is not or is unable to be in compliance with any contract or delivery requirement;2) it is in the best interest of the City to do so regardless of reason. 17. BINDING CONTRACT.The signed bid shall be considered an offer on the part of the bidder, which offer shall be deemed accepted upon award of the bid by the City Commission. The City Commission's selection or approval of the City Manager's recommendation shall constitute a binding Contract between the City and the awarded bidder(s). The Contract shall include the solicitation, any and all addenda issued by the City and the Bid Proposal submitted the by bidder. In any discrepancy between the documents, the order of preference shall be as follows: 1) Addendum in reverse order of release; 2) Solicitation; 3) Bid Proposal. In case of default on the part of the successful bidder, the City may procure the items or services from other sources and hold the bidder responsible for any excess cost occasioned or incurred thereby. 18. VOLUME OF WORK TO BE RECEIVED BY CONTRACTOR. It is the intent of the City to purchase the goods and services specifically listed in this solicitation from the contractor. However, the City reserves the right to purchase any goods or services awarded from state or other governmental contract, or on an as-needed basis through the City's spot market purchase provisions. 19. GENERAL TERMS AND CONDITIONS, It is the responsibility of the Bidder to become thoroughly familiar with the Bid requirements, terms and conditions of this solicitation. Ignorance by the Bidder of conditions that exist or that may exist will not be accepted as a basis for varying the requirements of the City, or the compensation to be paid to the Bidder. ITB 2014-159-SW 6 20. ACCEPTANCE OR REJECTION OF BIDS. The City reserves the right to reject any or all bids prior to award. Reasonable efforts will be made to either award the Contract or reject'all bids within one-hundred twenty (120) calendar days after bid opening date. A Bidder may not withdraw its bid unilaterally nor change the Contract Price before the expiration of one hundred and twenty (120) calendar days from the date of bid opening. A Bidder may withdraw its bid after the expiration of one hundred twenty (120) calendar days from the date of bid opening by delivering written notice of withdrawal to the Department of Procurement Management prior to award of the Bid by the Mayor and City Commission, 21. ALTERNATE RESPONSES MAY BE CONSIDERED. The City may consider one (1) alternate response from the same Bidder for the same formal solicitation; provided, that the alternate response offers a different product that meets or exceeds the formal solicitation requirements. In order for the City to consider an alternate response, the Bidder shall complete a separate Price Sheet form and shall mark "Alternate Response". Alternate response shall be placed in the same response. This provision only applies to formal solicitations for the procurement of goods, services, items, equipment, materials, and/or supplies. 22. AMERICAN WITH DISABILITIES ACT. To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and/or any accommodation to review any document or participate in any city-sponsored proceeding, please contact 305-604-2489 (voice), 305-673-7524 (fax) or 305-673-7218 (TTY) five days in advance to initiate your request. TTY users may also call 711 (Florida Relay Service). 23. ANTI-DISCRIMINATION. The bidder certifies that he/she is in compliance with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin, 24. ASSIGNMENT. The successful bidder shall not assign, transfer, convey, sublet or otherwise dispose of the contract, including any or all of its right, title or interest therein, or his/her or its power to execute such contract, to any person, company or corporation, without the prior written consent of the City. 25. AUDIT RIGHTS AND RECORDS RETENTION. The Successful Bidder agrees to provide access at all reasonable times to the City, or to any of its duly authorized representatives, to any books, documents, papers and records of Contractor which are directly pertinent to this formal solicitation, for the purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder shall maintain and retain any and all of the books, documents, papers and records pertinent to the Contract for three(3)years after the City makes final payment and all other pending matters are closed. Contractor's failure to or refusal to comply with this condition shall result in the immediate cancellation of this contract by the City. 26. BID BONDS, PERFORMANCE BONDS, CERTIFICATES OF INSURANCE. Bid Bonds, when required, shall be submitted with the bid in the amount specified in the Special Conditions. After acceptance of the bid, the City will notify the successful bidder to submit a performance bond and certificate of insurance in the amount specified in the Special Conditions. 27. BILLING INSTRUCTIONS. Invoices, unless otherwise indicated, must show purchase order numbers and shall be submitted to the ordering City department. 28. CANCELLATION. In the event any of the provisions of this Bid are violated by the bidder, the City shall give written notice to the bidder stating such deficiencies and, unless such deficiencies are corrected within ten (10) calendar days from the date of the City's notice, the City, through its City Manager, may declare the contract in default and terminate same, without further notice required to the bidder. Notwithstanding the preceding, the City, ITB 2014-159-SW 7 VdAIMI BEACH through its City Manager, also reserves the right to terminate the contract at any time and for any reason, without cause and for convenience, and without any monetary liability to the City, upon the giving of thirty (30) days prior written notice to the bidder. 29. CITY'S RIGHT TO WAIVE OR REJECT BIDS. The City Commission reserves the right to waive any informalities or irregularities in this Bid; or to reject all bids, or any part of any bid, as it deems necessary and in the best interest of the City of Miami Beach, 30. CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS. If a 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 City, at least ten (10) calendar days prior to the scheduled Bid opening date, a request for clarification. Any interpretation of the Bid, including, without limitation, responses to questions and request for clarification(s)from bidders, will be made only by Addendum duly issued by the City. In the event of conflict with the original specifications, the Addendum shall supersede such specifications, to the extent specified. Subsequent Addendum shall govern over prior Addendum only to the extent specified. The bidder shall be required to acknowledge receipt of any and all Addendum, and filling in and signing in the spaces provided in section 5.0, Acknowledgements/Affidavits. Failure to acknowledge Addendum may deem a bid non-responsive. The City will not be responsible for explanations, interpretations, or answers to questions made verbally or in writing by any City Representative, unless issued by the City via formal written Addendum to this Bid. Any questions or clarifications concerning the Bid shall be submitted in writing to the Department of Procurement Management (DPM), 1700 Convention Center Drive, Miami Beach, FL 33139 with a copy to the City Clerk. 31. COLLUSION. Where two (2) or more related parties each submit a bid or bids for any contract, such bids or bids shall be presumed to be collusive. The foregoing presumption may be rebutted by presentation of evidence as to the extent of ownership, control and management of such related parties in the preparation and submittal of such bid or bids. "Related parties" means bidders or the principals thereof which have a direct or indirect ownership interest in another bidder for the same 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 for the same contract. Bid or bids found to be collusive shall be rejected. Bidders who have been found to have engaged in collusion may also be suspended or debarred, and any contract resulting from collusive bidding may be terminated for cause. 32. CONDITION AND PACKAGING. Bidder guarantees items offered and delivered to be the current standard production model at time of bid and shall offer expiration dating of at least one year or later. Bidder also guarantees items offered and delivered to be new, unused, and free from any and all defects in material, packaging and workmanship and agrees to replace defective items promptly at no charge to the City of Miami Beach, for the manufacturer's standard warranty but in no case for a period of less than 12 months from date of acceptance. All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. 33. CONTRACT EXTENSION. The City reserves the right to require the Contractor to extend contract past the stated termination date for a period of up to 120 days in the event that a subsequent contract has not yet been awarded. Additional extensions past the 120 days may occur as needed by the City and as mutually agreed upon by the City and the contractor. ITB 2014-159-SW 8 r _ W!\/\I BEA"""N 34. DELIVERY. Unless actual date of delivery is specified (or if specified delivery cannot be met), show number of days (in calendar days) required to make delivery after receipt of purchase order, in space provided. Delivery time may become a basis for making an award. Delivery shall be within the normal working hours of the City using Department, Monday through Friday, excluding holidays. Receiving hours are Monday through Friday, excluding holidays, from 7:00 A.M. to 5:00 P.M. 35. DELIVERY TIME. Bidders shall specify in the attached Bid Form, the guaranteed delivery time (in calendar days) for each item. It must be a firm delivery time; no ranges (For example, 12-14 days) will be accepted. 36. DEMONSTRATION OF COMPETENCY. A. Pre-award inspection of the bidder's facility may be made prior to the award of contract. B. Bids will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in this Bid. C. Bidders must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily perform the services if awarded a contract under the terms and conditions of this Bid. D. the terms "equipment and organization", as used herein shall, be construed to mean a fully equipped and well established company in line with the best business practices in the industry, and as determined by the City of Miami Beach. E. The City may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a bidder, including past performance (experience), in making an award that is in the best interest of the City. F. The City may require bidders to show proof that they have been designated as authorized representatives of a manufacturer or supplier, which is the actual source of supply. In these instances, the City may also require material information from the source of supply regarding the quality, packaging, and characteristics of the products to be supply to the City. Any material conflicts between information provided by the source of supply and the information contained in the bidder's bid may render the bid non-responsive. G. The City may, during the period that the contract between the City and the successful bidder is in force, review the successful bidder's record of performance to ensure that the bidder is continuing to provide sufficient financial support, equipment, and organization as prescribed in this bid. Irrespective of the bidder's performance on contracts awarded to it by the City, the City may place said contracts on probationary status and implement termination procedures if the City determines that the successful bidder no longer possesses the financial support, equipment, and organization which would have been necessary during the bid evaluation period in order to comply with the demonstration of competency required under this subsection. 37. DISPUTES. In the event of a conflict between the Bid documents, the order of priority of the documents shall be as follows: A. Any contract or agreement resulting from the award of this Bid; then B. Addendum issued for this Bid, with the latest Addendum taking precedence;then C. The Bid; then D. The bidder's bid in response to the Bid. E. In case of any doubt or difference of opinion as to the items and/or services(as the case may be)to be furnished hereunder,the decision of the City shall be final and binding on all parties. 33. DEFAULT. Failure or refusal of a bidder to execute a contract upon award, or withdrawal of a bid before such award is made, may result in forfeiture of that portion of any bid surety required as liquidated damages incurred by the City thereby; or, where surety is not required, failure to execute a contract as described above may be grounds for removing the bidder from the City's bidders list. FT 2014 159-SW 9 MIAMI BEACH 39. EQUIVALENTS. If a bidder offers makes of equipment or brands of supplies other than those specified in the Bid specifications, he must so indicate in his bid. Specific article(s) of equipment/supplies shall conform in quality, design and construction with all published claims of the manufacturer. The bidder shall indicate in the Bid Form the manufacturer's name and number if bidding other than the specified brands, and shall indicate ANY deviation from the specifications as listed in the Bid. Other than specified items offered requires complete descriptive technical literature marked to indicate detailed conformance with specifications, and MUST BE INCLUDED WITH THE BID. NO BIDS WILL BE CONSIDERED WITHOUT THIS INFORMATION. THE CITY SHALL BE THE SOLE JUDGE OF EQUALITY AND ITS DECISION SHALL BE FINAL. Note as to Brand Names: Catalog numbers, manufacturers' and brand names, when listed, are informational guides as to a standard of acceptable product quality level only and should not be construed as an endorsement or a product limitation of recognized and legitimate manufacturers. Bidders shall formally substantiate and verify that product(s) offered conform with or exceed quality as listed in the specifications. 40. ELIMINATION FROM CONSIDERATION. This bid shall not be awarded to any person or firm who is in arrears to the City upon any debt, taxes, or contracts which are defaulted as surety or otherwise upon any obligation to the City. 41. EMERGENCY RESPONSE PRIORITY. It is hereby made a part of this solicitation that before, during, and after a public emergency, disaster, hurricane, tornado, flood, or other acts of force majeure that the City of Miami Beach, Florida shall receive a "First Priority" for any goods and services covered under any award resulting from this solicitation, including balance of line items as applicable. It is vital and imperative that the majority of citizens are protected from any emergency situation that threatens public health and safety, as determined by the City. By virtue of submitting a response to this solicitation, vendor agrees to provide all award-related goods and services to the City on a "first priority" under the emergency conditions noted above. 42. ESTIMATED QUANTITIES. Estimated quantities or estimated dollars, if provided, are for City guidance only, No guarantee is expressed or 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 subsequent to the award of this Bid. Estimates are based upon the City's actual needs and/or usage during a previous contract period. The City may use said estimates for purposes of determining whether the low bidder meets specifications. 43. EXCEPTIONS TO BID. Bidders are strongly encouraged to thoroughly 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- responsive and receive no further consideration. Should your proposed bid not be able to meet one (1) or more of the requirements set forth in this Bid and you are proposing alternatives and/or exceptions to said requirements, you must notify the Procurement Office, in writing, at least five (5) days prior to the deadline for submission of bids. The City reserves the right to revise the scope of services via Addendum prior to the deadline for receipt of bids. 44. FACILITIES. The City, through its City Manager or his/her authorized designee, reserves the right to inspect the bidder's facilities at any time, upon reasonable prior written or verbal notice. 45. FLORIDA PUBLIC RECORDS LAW. Bidders are hereby notified that all Bid including, without limitation, any and all information and documentation submitted therewith, are exempt from public records requirements under Section 11 9.07(l), Florida Statutes, and s. 24(a), Art. 1 of the State Constitution until such time as the City provides notice of an intended decision or until thirty (30) days after opening of the bids, whichever is earlier. Additionally, Contractor agrees to be in full compliance with Florida Statute 119.0701 including, but not limited to, agreement to ITB 2014-l 59-SW 10 ' t1 ii IBEACH (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the services; (b) provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. 46. F.O.B. DESTINATION. Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the bidder must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in the bid price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection of bid. 47. GRATUITIES. Bidders shall not offer any gratuities, favors, or anything of monetary value to any official, employee, contractor, or agent of the City, for the purpose of influencing consideration of this Bid. 48. INDEMNIFICATION. The successful Bidder shall indemnify and hold harmless the City and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of the agreement by the successful Bidder or its employees, agents, servants, partners, principals or subcontractors. The successful Bidder shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may be incurred thereon. The successful Bidder expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the successful Bidder shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The above indemnification provisions shall survive the expiration or termination of this Agreement. 49. INSPECTION, ACCEPTANCE & TITLE. Inspection and acceptance will be at destination, unless otherwise provided. Title to (or risk of loss or damage to) all items shall be the responsibility of the successful bidder until acceptance by the City, unless loss or damage results from the gross negligence or willful misconduct of the City. If any equipment or supplies supplied to the City are found to be defective, or do not conform to the specifications, the City reserves the right to cancel the order upon written notice to the seller, and return the product, at the bidder's expense. 50. LAWS, PERMITS AND REGULATIONS. The bidder shall obtain and pay for all licenses, permits, and inspection fees required under the contract; and shall comply with all Applicable Laws. 51. LEGAL REQUIREMENTS. The bidder shall be required to comply with all federal, State of Florida, Miami-Dade County, and City of Miami Beach codes, laws, ordinances, and/or rules and regulations that in any manner affect the items covered herein (collectively, Applicable Laws). Lack of knowledge or ignorance by the bidder with/of Applicable Laws will in no way be a cause for relief from responsibility. ITB 2014-159-Sw 1 M11 AIM I BEACH 52. LIABILITY, INSURANCE, LICENSES AND PERMITS Where bidders are required to enter or go on to City of Miami Beach property to deliver materials or perform work or services as a result of the Bid, the bidder will assume the full duty, obligation and expense of obtaining all necessary licenses, permits, and insurance, and assure all work complies with all Applicable Laws. The bidder shall be liable for any damages or loss to the City occasioned by negligence of the bidder, or his/her officers, employees, contractors, and/or agents, for failure to comply with Applicable Laws. 53. MANNER OF PERFORMANCE. Bidder agrees to perform its duties and obligations in a professional manner and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations and codes. Bidder agrees that the services provided shall be provided by employees that are educated, trained, experienced, certified, and licensed in all areas encompassed within their designated duties. Bidder agrees to furnish to the City any and all documentation, certification, authorization, license, permit, or registration currently required by applicable laws, rules, and regulations. Bidder further certifies that it and its employees will keep all licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force and effect during the term of this contract. Failure of bidder to comply with this paragraph shall constitute a material breach of this contract. 54. MISTAKES. Bidders are expected to examine the specifications, delivery schedules, bid prices, and extensions, and all instructions pertaining to supplies and services. Failure to do so will be at the bidder's risk and may result in the bid being non-responsive. 55. MODIFICATION/WITHDRAWALS OF BIDS. A bidder may submit a modified bid to replace all or any portion of a previously submitted bid up until the bid due date and time. Modifications received after the bid due date and time will NOT be considered. Bids shall be irrevocable until contract award unless withdrawn in writing prior to the bid due date or after expiration of 120 calendar days from the opening of bids without a contract award. Letters of withdrawal received after the bid due date and before said expiration date and letters of withdrawal received after contract award will NOT be considered. 56. NON-CONFORMANCE TO CONTRACT CONDITIONS. Items may be tested for compliance with specifications. Items delivered, not conforming to specifications, may be rejected and returned at the 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 City, at its discretion, on the open market. Any increase in cost may be charged against the bidder. Any violation of these stipulations may also result in the bidder's name being removed from the City's vendor list. 57. OPTIONAL CONTRACT USAGE. When the successful bidder(s) is in agreement, other units of government or non-profit agencies may participate in purchases pursuant to the award of this contract at the option of the unit of government or non-profit agency. 58. OSHA. The bidder warrants to the City that any work, services, supplies, materials or equipment supplied pursuant to this Bid shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1970, as amended, and the failure to comply with this condition will be deemed breach of contract. Any fines levied because of inadequacies to comply with this condition shall be borne solely by the bidder. 59. PATENTS & ROYALTIES. The bidder shall indemnify and save harmless the City of Miami Beach, Florida, and its officers, employees, contractors, and/or agents, from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the City of Miami Beach, Florida. If the bidder uses any_design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, ITB 2014-159-SW i 2 \A1AN/\1 BEACH that the bid prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. 60. PAYMENT. Payment will be made by the City after the items have been received, inspected, and found to comply with Bid specifications, free of damage or defect, and properly invoiced. 61. PRICES QUOTED. Prices quoted shall remain firm and fixed during the duration of the contract. In completing the bid form, state both unit price and extended total, when requested. Prices must be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the UNIT PRICE quoted will govern. All prices must be F.O.B. destination, freight prepaid (unless otherwise stated in Special Conditions). The Bidder may offer cash discounts for prompt payments; however, such discounts will not be considered in determining the lowest price during bid evaluation. Bidders are requested to provide prompt payment terms in the space provided on the Bid submittal signature page of the solicitation. Award, if made, will be in accordance with terms and conditions stated herein. Each item must be bid separately, and no attempt is to be P made to tie any item or items in with any other item or items. Cash or quantity discounts offered will not be a consideration in determination of award of bid(s). 62. PRODUCT INFORMATION. Product literature, specifications, and technical information, including Manufacturer's Safety Data Sheets (MSDS) should be provided with this bid as an attachment to the "BID FORM". However, in all cases must be provided within five (5) calendar days upon request from Purchasing Agent. 63. REASONABLE ACCOMMODATION. In accordance with Title II of the Americans with Disabilities Act, any person requiring an accommodation at the Bid opening because of a disability must contact the Procurement Division. 64. SAMPLES. Bids submitted as an "equal" product must be accompanied with detailed specifications. Samples of items, when required, must be furnished free of expense and, if not destroyed, will, upon request, be returned at the bidder's expense. Bidders will be responsible for the removal of all samples furnished within (30) days after bid opening. All samples will be disposed of after thirty (30) days, Each individual sample must be labeled with the bidder's name. Failure of the bidder to either deliver required samples, or to clearly identify samples may be reason for rejection of the bid. Unless otherwise indicated, samples should be delivered to the Procurement Division, 1700 Convention Center Drive, Miami Beach, FL 33139. 65. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and Conditions shall have precedence. 66. SPOT MARKET PURCHASES. It is the intent of the City to purchase the items specifically listed in this Bid from the successful bidder. However, the City reserves the right to purchase the items from state or other governmental contract, or on an as-needed basis through the City's spot market purchase provisions. 67. SUBSTITUTIONS. After award of contract, the City WILL NOT accept substitute shipments of any kind, without previous written approval. The bidder is expected to furnish the brand quoted in its bid. Any substitute shipments will be returned at the bidder's expense. 68. TAXES. The City of Miami Beach is exempt from all Federal Excise and State taxes. ITB 70-114-1 59-Sw 13 r MIAMI BEACH 69. TIE BIDS. In accordance with Florida Statues Section 287.087, regarding identical tie bids, preference will be given to bidders certifying that they have implemented a drug free work place program. A certification form will be required. In the event of a continued tie between two or more bidders after consideration of the drug free workplace program, the City's Local Preference and Veteran Preference ordinances will dictate the manner by which a tie is to be resolved. In the event of a continued tie after the Local and Veteran Preference ordinances have been applied or the tie exists between bidders that are not Local or Veteran, the breaking of the tie shall be at the City Managers discretion, which will make a recommendation for award to the City Commission. 70. TERMINATION FOR DEFAULT. If the successful bidder shall fail to fulfill in a timely manner, or otherwise violate, any of the covenants, agreements, or stipulations material to the Bid and/or the contract entered into with the City pursuant thereto, the City shall thereupon have the right to terminate the work and/or services then remaining to YP Y P 9 be performed by giving written notice to the bidder of such termination, which shall become effective upon receipt by the bidder of the written termination notice. In that event, the City shall compensate the successful bidder in accordance with the term of the contract for all work and/or services satisfactorily performed by the bidder prior to termination, net of any costs incurred by the City as a consequence of the default. Notwithstanding the above, the successful bidder shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the bidder, and the City may reasonably withhold payments to the successful bidder for the purposes of set off until such time as the exact amount of damages due the City from the successful bidder is determined. The City may, at its discretion, provide reasonable "cure period"for any contractual violation prior to termination of the contract; should the successful bidder fail to take the corrective action specified in the City's notice of default within the allotted cure period, then the City may proceed to terminate the contract for cause in accordance with this subsection 1.57. 71. TERMINATION FOR CONVENIENCE OF CITY. The City may, for its convenience, terminate the work and/or services then remaining to be performed, at any time, by giving written notice to the successful bidder of such termination, which shall become effective thirty(30) days following receipt by bidder of such notice. In that event, all finished or unfinished documents and other materials shall be properly delivered to the City. If the contract is terminated by the City as provided in this subsection, the City shall compensate the successful bidder in accordance with the terms of the contract for all and without cause 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 City's liability to the successful bidder upon a termination as provided for in this subsection, 72. UNDERWRITERS' LABORATORIES. Unless otherwise stipulated in the Bid, all manufactured items and fabricated assemblies shall be U.L. listed or re-examination listing where such has been established by U.L. for the item(s) offered and furnished. ITB 2014-159-SW 14 M f/r`�M I N EAC H SECTION 0300 PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMAT 1. SEALED BIDS. One (1) original Bid Proposal (preferably in 3-ring binder) must be submitted in an opaque, sealed envelope or container on or before the due date established for the receipt of bids. Additionally, three (3) bound copies and one (1) electronic format (CD or USB format) are to be submitted, with the original submission or within two (2) days of request by the City. The following information should be clearly marked on the face of the envelope or container in which the bid is submitted: Bid Number, Bid Title, Bidders Name, Bidder Return Address. Bids received electronically, either through email or facsimile, are not acceptable and will be rejected. 2. BID PROPOSAL. The Bid Proposal is to include the following: • TAB 1 - Bid Tender Form (Appendix E). The Bid Tender Form shall be completed mechanically or, if manually, in ink. Bid Tender Forms completed in pencil shall be deemed non-responsive. All corrections on the Bid Tender Form shall be initialed. • TAB 2 - Bid Certification, Questionnaire and Affidavits (Appendix A). 2. LATE BIDS. Bid Proposals are to be received on or before the due date established herein for the receipt of Bids. Any Bid received after the deadline established for receipt of proposals will be considered late and not be accepted or will be returned to Proposer unopened. The City does not accept responsibility for any delays, natural or otherwise. ITB 2014-159-SW l 5 APPENDIX "A" ' AV� I BEACH Bid Certification , Questionnaire & Requirements Affidavit 201 4- 159-SW Maintenance and Repair of Citywide Fountains DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive Miami Beach, Florida 33139 I - - 16 r Solicitation No: Solicitation Title: 2014-159-SW Maintenance and Repair of Citywide Fountains Procurement Contact Tel: Email: Steven Williams 305-673-7000, x6650 Stevenwilliams@miamibeachfi.gov BID CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of certain solicitation 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 may be evaluated, This Bid 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: No of Years in Business Locally: OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: FIRM PRIMARY ADDRESS(HEADQUARTERS): CITY: STATE: ZIP CODE: TELEPHONE NO.: TOLL FREE NO.: FAX NO.: FIRM LOCAL ADDRESS: CITY: STATE: ZIP CODE: PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: ACCOUNT REP TELEPHONE NO.: ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: FEDERAL TAX IDENTIFICATION NO.: 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. ITB 714-.159-SW 17 L 1. Miami Beach Based(Local)Vendor. Is Proposer claiming Miami Beach based firm status? u YES 0 NO SUBMITTAL REQUIREMENT: Proposers claiming Miami Beach vendor status shall submit a Business Tax Receipt issued by the City of Miami Beach and the proof of residency requirement,as required pursuant to ordinance 2011-3747,to demonstrate that the Proposer is a Miami Beach Based Vendor. 2. Veteran Owned Business. Is Proposer claiming a veteran owned business status? YES 0 NO SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal government,as required pursuant to ordinance 2011-3748. 4. Financial Capacity. Each Proposer shall arrange for Dun&Bradstreet to submit a Supplier Qualification Report(SQR)directly to the Procurement Contact named herein. No proposal will be considered without receipt, by the City,of the SQR directly from Dun & Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the Proposer. The Proposer shall request the SQR report from D&B at: https•//supplierportal dnb com/webapp/wcs/stores/servlet/SupplierPortal?storeld=11696 Proposers are responsible for the accuracy of the information contained in its SQR. It is highly recommended that each Proposer review the information contained in its SQR for accuracy prior to submittal to the City and as early as possible in the solicitation process. For assistance with any portion of the SQR submittal process, contact Dun & Bradstreet at 800-424-2495. SUBMITTAL REQUIREMENT: Proposer shall request that Dun & Bradstreet submit its Supplier Qualifier Report directly to the City, ith bid or within 2 days of request. ty Y 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 regulatory action filed, and identify the court or agency before which the action was instituted, the applicable 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. it ctor agent,or immediate family 6. Conflict Of Interest.All Proposers must disclose, in their Proposal,the name(s)of any officer,d e g Y u parent, sibling, and child who is also an employee of the City of Miami Beach. Further, all Proposers must member (spouse, p g, ) disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates. SUBMITTAL REQUIREMENT: Proposers must disclose the name(s)of any officer, director, agent, or immediate family member (spouse, parent,sibling,and child)who is also an employee of the City of Miami Beach. Proposers must also disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%)percent or more in the Proposer entity or any of its affiliates. 7. 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. SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2) Contact Individual Name&Title,3)Address,4)Telephone,5)Contact's Email and 6)Narrative on Scope of Services Provided. ITB 2014-159-SW 18 f 8. Suspension, Debarment or Contract Cancellation.Has Proposer ever been debarred,suspended or other legal violation,or had a contract cancelled due to non-performance by any public sector agency? I YES NO SUBMITTAL REQUIREMENT: If answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to action(s). 9. 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 solicitation. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity 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 Miami Beach. 10. 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 Procurement Division with its proposal/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/. 11, 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 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 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 proposal, 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.miamibeachfi.gov/procurement/. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees to the living wage requirement. 12. 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 2005-3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive proposals, to provide"Equal Benefits"to their employees with domestic partners, as they provide to employees with spouses. 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. ITB 2 014-159-SW 19 A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? YES NO B. Does your company provide or offer access to any benefits to employees with (same or opposite sex)domestic partners*or to domestic partners of employees? YES 0 NO C. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave;other benefits are provided directly to the spouse or domestic partner,such as medical insurance. BENEFIT Firm Provides for Firm Provides for Firm does not Employees with Employees with Provide Benefit Spouses Domestic Partners Health Sick Leave Family Medical Leave Bereavement Leave If Proposer cannot offer a benefit to domestic partners 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 is available at www.miamibeachfl.gov/procurement/. 13. Public Entity Crimes.Section 287.133(2)(a), Florida Statutes,as currently enacted or as amended from time to time,states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal, proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work;may not submit proposals, proposals,or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees with the requirements of Section 287.133, Florida Statutes,and certifies it has not been placed on convicted vendor list. 14. Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation which may provide additional information to Proposers or alter solicitation requirements. The City will strive to reach every Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation.This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addenda may result in proposal disqualification. Initial to Confirm Initial to Confirm Initial to Confirm Receipt Receipt Recei t Addendum 1 Addendum 6 Addendum 11 Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 If additional confirmation of addendum is required,submit under separate cover. ITB 2014-159-SW 20 mom o • e o • 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 solicitation, 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 solicitation, either before or after issuance of an award,shall be without any liability or obligation on the part of 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 Bid or 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, or its completeness. No warranty or representation is made by the City or its agents that any Proposal conforming 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 solicitation are submitted at the sole risk and responsibility of the party submitting such Proposal. This solicitation 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 Government-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 proposal 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. 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 solicitation,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 solicitation, 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 solicitation, it is understood that the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be governed by and construed in accordance with the laws of the State of Florida. I I b 2014-159-SW 21 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 solicitation, 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 solicitation, and any released Addenda and understand that the following are requirements of this solicitation 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 public domain as defined by the State of Florida Sunshine and Public Records Laws; all responses, 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 Proposers Authorized Representative: Signature of Proposer's Authorized Representative: Date: State of FLORIDA ) On this day of ,20_,personally appeared before me who County of ) stated that (s)he is the of , 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 voluntary act and deed. Before me: Notary Public for the State of My Commission Expires: ITB 20 l 4-159-SW 22 APPENDIX B F AC ® Bid " F 2014- 159-SW Maintenance and Repair of Citywide Fountains DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive Miami Beach, Florida 33139 u 23 Statement of No Bid WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR REASON(S) CHECKED AND/OR INDICATED BELOW: Workload does not allow us to proposal Insufficient time to respond Specifications unclear or too restrictive Unable to meet specifications Unable to meet service requirements Unable to meet insurance requirements Do not offer this product/service OTHER. (Please specify) We do_do not_want to be retained on your mailing list for future proposals of this type product and/or service. Signature: Title: Legal Company Name: Note: Failure to respond, either by submitting a proposal or this completed form, may result in your company being removed from our vendors list. PLEASE RETURN TO: CITY OF MIAMI BEACH DEPT. OF PROCUREMENT MANAGEMENT ATTN: Steven Williams PROPOSAL #2014-159-SW 1700 Convention Center Drive MIAMI BEACH, FL 33139 APPENDIX C M *1 A/\,'� I B EAC H Minimum Requirements & Specifications 2014- 159-SW Maintenance and .Repair of Citywide Fountains DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive Miami Beach, Florida 33139 4- - 25 C1. Minimum Requirements. The Minimum Eligibility Requirements for this solicitation are listed below. Proposer shall submit detailed verifiable information affirmatively documenting compliance with each minimum requirement. Proposers that fail to comply with minimum requirements will be deemed non-responsive and will not be considered. 1. Bidders have must regularly engaged in the business of providing the services as described in this Bid for a minimum of three (3) years. 2. Bidder shall submit at least three (3) references for whom the Bidder has completed work or is currently working on a project similar in size and nature as the work referenced in solicitation. SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2) Contact Individual Name &Title, 3) Address, 4) Telephone, 5) Contact's Email and 6) Narrative on Scope of Services Provided. C2. Statement of Work Required. The purpose of this ITB is to establish a contract, by means of sealed bids, with a qualified firm(s) to provide cleaning, chemical and repair services of 23 fountains located within the City of Miami Beach (the "City") for the Department of Property Maintenance in accordance with the prescribed specifications and requirements. Interested vendors are invited to submit bids in response to this ITB. C3. Specifications. Contractor shall provide all labor, equipment, supplies, chemicals, and materials necessary to perform on-going cleaning, maintenance and repairs of the City's (23) interactive re-circulating fountains. The City's current listings of fountains are as follows Lincoln Rd Mall fountain(Block 1000) Palm Island fountain, 156 Palm Ave. 777 Building Fountain.777 17th St.Meridian Ave. Lincoln Rd Mall fountain(Block 900) Star Island fountain, 12 Star Island Dr. The"Rotunda"fountain,2111 Collins Ave Lincoln Rd Mall fountain(Block 800) 21 St.fountain 21 st&Alton Rd. The `North"fountain, 2111 Collins Ave Lincoln Rd Mall fountain(Block 700) 41 St.fountain 41 st&Pinetree Dr. The"South"fountain, 2111 Collins Ave Lincoln Rd Mall fountain(Block 600) 71 ST.fountain 71st&Ruevendome Dr. The"Tranquility"fountain, 2111 Collins Ave Lincoln Rd Mall fountain(Block 500) Welcome Sign fountain,71st&Biarritz Dr. Ocean Front Auditorium, 1001 Ocean Drive Lincoln Rd Mall fountain(Block 400)#1 6th St.Community Center fountain South Pointe Park Lincoln Rd Mall fountain(Block 400)#2 Topa Fount. 1700 Washington Ave. The fountain maintenance work to be done consists of furnishing all labor, materials, tools, equipment and incidentals required to maintain all of the fountains listed and as specified or as directed by the City Representative. All workmanship shall conform to standard trade practices governing, and approved by the City prior to beginning any maintenance. It is highly recommended that contractors visit each fountain location before submitting their bid. MAINTENANCE AND CLEANING The Contractor shall clean the twenty-three (23) fountains a minimum of three (3) times per week unless otherwise requested by the City. The City reserves the right to request a modification of services. The cleaning includes, but is not limited to: 1. Removing any foreign substances or debris deposited into, on, or directly adjacent to all fountains. 2. Treating and removing mold and mildew as well as any surface scaling. 3. Maintaining of all equipment, mechanical and electrical, as necessary to ensure a fully operational and/or illuminated fountain system. ITB 2014-159-SW 26 4. Cleaning all filters during each visit. 5. Unclogging all drain lines during each visit. 6. Skimming the fountains during each visit. 7. Checking lint traps during each visit. 8. Scrubbing tiles and/or walls during each visit. 9. Vacuuming shallow fountains during each visit. 10.Performing a water quality at least once a week. The Contractor shall submit, to the City Representative, written monthly maintenance reports on each fountain. The report shall address the condition of each fountain including, not limited to, water quality parameters and p 9, q Y planned/unplanned corrective work performed to be approved by the City. The Contractor shall also maintain a log sheet for each fountain. The log sheet shall, as a minimum, contain the following information: • Chemical additions and dosage rates. • Total pounds/gallons of chemicals added. • Water quality test date detailing all listed parameters in this specification. Test data shall show results of test before and after chemical additions. • All problems associated with water quality maintenance and final resolution of problem. • All other maintenance activities performed and problems found, if any, with final resolution to correct the said problem. Log sheets shall be maintained by the Contractor and be accessible to the City Representative at any time. The log sheets shall become the property of the City at the expiration of the contract. Upon request from the City Representative, and within five (5) days of request, the Contractor shall provide one (1) copy of the Material Safety Data Sheet(MSDS) for each chemical utilized at the sites within five (5) days. The Contractor shall provide the weekly water test results to the City Representative for review. The City Representative contact information will be provided upon award of contract. CHEMICAL SERVICES The Contractor must maintain water quality balance in all fountains by performing, at minimum once per week the following: • Test and adjust water chemistry: Chlorine 2 to 5 PPM, pH 7.2 to 7.6 PPM, Total Alkalinity 80 to 120 PPM, Calcium Hardness 250+ PPM, Cyanuric Acid/Conditioner 30 to 60 PPM, and Algaecides. To meet standards of oxidation and sanitation. • Add and monitor amounts of Algaecides, Filter Coagulants and shock treatments. • Monitor and interpret gauges, flow meters, operational and recirculation efficiency of various filters and filter media systems. • Provide all chemicals necessary to maintain proper water quality and pH balance. ITB 2014-159-SW 27 REPAIRS. Contractor may be asked to repair, upon City's approval and on an as needed basis, all fountain features including components related to the operation and illumination of each fountain. Repairs shall be billed on an hourly basis plus the cost of materials with mark-up as required by Bid Tender Form in Appendix E, Sec. 2. Bidders are required to submit a copy of invoice(s)for supplies and parts purchased for the repairs at the time of invoicing the City for the purpose of verification of mark-up charges. • The Contractor shall supply the City Representative with a detailed schedule of all fountain repairs to be performed on each individual fountain for schedule review and approval prior to beginning any fountain repair. • Prior to the start of the repair work included in this award, a meeting shall be held by the City Representative with the Contractor for the purpose of establishing a schedule of operations which shall coordinate the repair work to be done. The Contractor shall present a comprehensive schedule for all items of work to be accomplished, which shall be used as a basis for the development of an overall operational schedule. Furthermore, the Contractor and the City Representative shall meet at the site and examine all surfaces to be covered; review methods of application of materials; verify that all facets of applications are understood by all parties; and confirm that the methods are acceptable to the City Representative. • For repair work that requires permits, the Contractor shall submit three (3) copies of shop drawings, prior to meeting with the City Representative. The shop drawings for repair work shall have been checked and stamped approved by the Contractor and identified as the City Representative may require. The data shown in the shop drawings shall be complete with respect to dimensions, design criteria, and materials, to enable the City to review the information required. All chemical solutions and chemicals used in maintaining fountain structure and water quality not listed in the specifications shall be included in these submittals. The data shown on and/or attached to the shop drawings, if applicable, shall include the following: 1. Specification information, factory literature catalog sheets, suitable to show compliance with Technical and Material specifications. 2. Factory certified performance test data. 3. Proposed Independent Testing facility. 4. M.S.D.S., if applicable. Incomplete submissions of the shop drawings shall be returned without action. The City shall review and promptly return two (2) of the shop drawings with remarks. The Contractor's stamp of approval on any shop drawing shall constitute a representation to the City Representative that the Contractor has either determined and verified all field service criteria, materials, catalog numbers and similar data or he assumes full responsibility for doing so, and that he has reviewed or coordinated each shop drawing with the requirements of the work and technical specifications. One complete set of reviewed shop drawings, product data and samples shall be kept with the Property Management Department or City Representative at all times. The Contractor shall make no deviations from the reviewed drawings, and changes made thereon by the City, if any. Whenever a standard of quality is established by a reference specification, the Contractor shall submit a certificate by the manufacturer that the material supplied meets the requirements of both these technical specifications and the referenced specifications and standards. ITB 2014-159-SW _ 28 CONTRACTOR REQUIREMENTS. • The Contractor shall provide a name and contact information of a Supervisor for emergencies or special requests. Also, The Contractor shall have an appointed Operations Supervisor to oversee all work specified in this award. • During normal working hours (7:00a.m. — 5:00p.m, Monday— Friday); the Contractor is required, after initial notification from City Representative, to contact City Representative within four (4) hours. For Emergency Calls, (After 5:00p.m., Mon. — Fri., weekends, holidays); the Contractor is required, after initial notification from City Representative, to contact City Representative within two (2) hours. • The City requires that Contractor have a Portable Filtration System in order to have accessibility to all fountains Citywide. • The City requires that Contractor have the necessary tools to be able to vacuum shallow fountains. • The Contractor shall provide for the complete coordination of services provided, including the work of subcontractors, the effort of independent testing agencies, and shall be responsible for careful coordination with the work of other Contractors, if other work is underway within the project area. • It shall be the Contractor's responsibility to alert the City Representative at least 48 hours in advance of work, to any conflict or potential conflicts with the proposed work. This includes any and all problems that require the Contractor to take a fountain out of service for a period greater than 48 hours without prior approval. At no time, under normal operations, shall a fountain be out of service for greater than 24 hours without prior City's approval. Failure of the Contractor to review the job site and alert the City Representative of any conflicts shall relieve the City from compensating the Contractor for any cost arising from any remedial action necessary to resolve the conflict with the proposed work. • The Contractor shall be held liable for the violation of any and all environmental regulations and permit conditions. Violation citations carry civil penalties and, in the event of willful violation, criminal penalties. The fact that the permits are issued to the City does not relieve the Contractor in any way of his environmental obligations and responsibilities. • The Contractor shall evaluate and assess the impact of any adverse effects on the natural environment which may result from any repairs and shall operate to minimize pollution of air, ground or surface waters and vegetation and afford the neighboring community the maximum protection during and upon completion of the repair. • The Contractor is responsible for the security of all tools, materials and equipment required for this award and must make all arrangements for safeguards deemed necessary. The City Representative shall assume no liability for any such security or losses resulting from lack of security. The Contractor shall lock all gates and buildings prior to leaving the site for any reason. ITB 2014-159-SW 29 i • The Contractor shall maintain a safe work place and enforce a continuous program to provide protection against potential hazards. The performance of all work under this award shall conform to all local, State and Federal Occupational Safety and Health Act Standards. At the end of each workday, all work areas shall be left in a safe condition, with barricades and/or warning devices provided as necessary, on the project site. • The Contractor shall provide an adequate amount of safety signs to be placed at appropriate locations or as directed by the City Representative. Signs shall be labeled as follows: Temporary Sign - "Caution Danger Area" Temporary Sign - "Caution Hard Hat Area" Temporary Sign—"Temporarily Closed" Additional signs may be required. Barricades and markers shall be placed around or under areas where work is in progress, • Proper personal protection equipment must be worn at all times while working around fountains areas. • When night work has been approved or directed by the City Representative, it shall be the responsibility of the Contractor to provide adequate artificial lighting at no cost to the City. The Contractor shall be responsible for the safety of all employees during night work. TEMPORARY TRAFFIC CONTROL To protect persons from injury and to avoid property damage, adequate barricades, construction signs, flashers, and guards as required shall be placed and maintained during the progress of the work and until it is safe to use the area for its normal purposes. Whenever required, the Contractor shall provide a watchman to prevent accidents. Rules and regulations of Local, State and Federal authorities in regard to safety provisions shall be observed. All work shall comply with all requirements of the Occupational Safety and Health Administration (OSHA). The safety of the public and the work crews must be considered at all times. MAINTENANCE AND RESTORATION OF JOB SITE The Contractor shall at all times keep the areas where fountain services are performed from accumulations of tools, equipment, structures, waste materials and rubbish. After the completion of all work, the Contractor shall promptly remove any items which may have been brought to the City's location and leave the areas in the same condition it was before the start of the fountain repair services. The City will inspect the cleanliness of the project areas and provide approval with the final written acceptance of the services provided, The Contractor shall remove and properly dispose of all debris and excess material resulting from maintenance and repair operations. In the event that the timely clean-up and restoration of the job site is not accomplished to the satisfaction of the City Representative, the City Representative shall make arrangements for the necessary clean-up. The Contractor shall be charged for these costs. If such action becomes necessary on the part of the City Representative, the City shall not be responsible for the inadvertent removal of work site materials which the Contractor would not normally have disposed of. In the event that damage does occur to any fountain, adjacent property, or equipment, notification must be made within four(4)hours of the incidents to the City by the Contractor. The Contractor shall immediately repair or replace all equipment or facilities damaged by the Contractor's personnel, or operations. ITB 2014-159-SW 30 The Contractor shall provide sufficient personnel to accomplish all maintenance and repairs required by the City in accordance with the specifications. MATERIALS All materials/chemicals shall be in accordance with the Material Standard and shall, in no event, be less than that necessary to conform to the requirements of any applicable law, ordinances and codes. All chemicals shall be EPA registered and approved. All materials shall be new, unused, and correctly designed. They shall be of standard first grade quality, produced by expert workmen, and intended for the use for which they are offered. Materials or equipment which, in the opinion of the City Representative, are inferior or are lower grade than indicated, specified or required, shall not be accepted. All materials shall be furnished by the Contractor, and it shall be the responsibility of the Contractor to examine each item to insure that it is new, unused, and in first class condition. Should a defect be discovered after the item has been placed, the replacement shall be at the Contractor's expense. Materials must be hauled in a safe and careful manner to avoid possible damage. Should any damage occur as a result of the Contractor's actions, the Contractor shall be fully responsible. Materials may be stored at the site in a manner acceptable to the City. All products must be approved by the City Representative prior to being used or installed on any fountain. CONTRACT MANAGER. Upon award of contract the City will provide a representative's contact name and number. ITB 2014-159-SW 31 APPENDIX D BEACH p Special 2014- 159-SW Maintenance and Repair of Citywide Fountains DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive Miami Beach, Florida 33139 ITB 2014-15Y-SW 32 1. TERM OF CONTRACT.The Contract shall commence upon the date of notice of award and shall be effective for three (3) years. 2. OPTIONS TO RENEW. The City, through its City Manager, will have the option to extend for two (2)additional one (1) year periods, subject to the availability of funds for succeeding fiscal years. 3. 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. 3.1 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. 4. EXAMINATION OF FACILITIES. INTENTIONALLY OMMITTED. 5. PERFORMANCE BOND. INTENTIONALLY OMMITTED. 6. REQUIRED CERTIFICATIONS. INTENTIONALLY OMMITTED. 7. SHIPPING TERMS. F.O.B. DESTINATION 8. PAYMENT TERMS, NET 30 9. DELIVERY REQUIREMENTS. INTENTIONALLY OMMITTED. 10. WARRANTY REQUIREMENTS. The Contractor shall guarantee all the work furnished under the award for a period of one (1) full year from the date of completion. Under this guarantee, the Contractor agrees to make good without delay, at his/her own expense, any failure of any part of the work due to faulty materials or manufacture, or the failure of any equipment furnished to perform satisfactorily all the work within the limits of the Award. He/she shall also make good any damage caused by such failure. Any such repair work shall receive a similar guarantee for a similar period of time. This guarantee shall be exclusive of manufacturer's guarantees or warranties exceeding this period. Please also see Sec. 0200, Instructions to Bidders, Sec. 31, Condition and Packaging. 11. BACKGROUND CHECKS. INTENTIONALLY OMMITTED. 12. MANUFACTURER PRICE LISTS: Bidder shall state, on the Bid Price Form, the mark-up against its invoice pricing that bidder will apply to equipment pumps, motors, filters, filter cartridges, replacement sand for sand filters, impellers, display jets, timers, gauges, etc. inclusive of any parts and supplies required under the scope of this ITB. With each payment application or invoice, bidder shall submit documentation verifying the referenced invoice pricing for parts and supplies. 13. ADDITIONSIDELETIONS OF LOCATIONS: Although this Solicitation identifies locations to be serviced, it is hereby agreed and understood that any location may be added/deleted to/from this contract at the option of the City. When an addition to the contract is required, successful bidder(s) under this contract shall be invited to submit price quotes for these new locations. If these quotes are comparable with prices offered for similar services, the award(s) ITB 2014- 9-SW 33 shall be made to the lowest responsible bidder(s) meeting specifications in the best interest of the City and a separate purchase order shall be issued by the City, ITB 2014-159-SW 34 APPENDIX E MIA. A. .1 BEACH Bid Tender Form 2014- 159-SW Maintenance and Repair of Citywide Fountains DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive Miami Beach, Florida 33139. 35 APPENDIX E BID TENDER FORM o e : 8 e- e a -• e e • e • e • • e • •e • ••e •- • e- -e e e• e e • -e Bidder affirms that the prices stated on the proposal price form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Bid Tender Form shall be completed mechanically or, if manually, in ink. Bid Tender Forms completed in pencil shall be deemed nonresponsive.All corrections on the Bid Tender Form shall be initialed. SECTION 1. MAINTENANCE AND CLEANING. A 1 Lincoln Rd Mall fountain(Block 1000) 52 week $ $ 2 Lincoln Rd Mall fountain(Block 900) 52 week $ $ 3 Lincoln Rd Mall fountain Block 800 52 week $ $ 4 Lincoln Rd Mall fountain(Block 700) 52 week $ $ 5 Lincoln Rd Mall fountain Block 600 52 week $ $ 6 Lincoln Rd Mall fountain Block 500 52 week $ $ 7 Lincoln Rd Mall fountain Block 400 #1 52 week $ $ 8 Lincoln Rd Mall fountain Block 400)#2 52 week $ $ 9 Palm Island fountain, 156 Palm Ave. 52 week $ $ 10 Star Island fountain, 12 Star Island Dr. 52 week $ $ 11 21 St.fountain 21 st&Alton Rd. 52 week $ $ 12 41 St.fountain 41st&Pinetree Dr. 52 week $ $ 13 71 ST.fountain 71 st&Ruevendome Dr. 52 week $ $ 14 Welcome Sign fountain,71st&Biarritz Dr. 52 week $ $ 15 6th St.Community Center fountain, 833 6th St. 52 week $ $ 16 Topa Fount. 1700 Washington Ave. 52 week $ $ 17 777 Building Fountain.777 17th ST. Meridian Ave. 52 week $ $ The"Rotunda"fountain,Bass Museum&Collins Park 18 Fountains 2111 Collins Ave., East 52 week $ $ The"North"fountain, Bass Museum&Collins Park,2111 19 Collins Ave. 52 week $ $ The"South"fountain, Bass Museum&Collins Park,2111 20 Collins Ave. 52 week $ $ The"Tranquility"fountain,Bass Museum&Collins Park, 21 2111 Collins Ave, NW corner 52 week $ $ 22 Ocean Front Auditorium, 1001 Ocean Drive 52 week $ $ 23 South Pointe Park 52 week $ $ Total annual Maintenance and Cleaning Fee: $ ITB 2014-159-SW 36 SECTION 2. REPAIRS (Hourly Labor and Cost of Equipment and/or Materials) Group 1 Estimated Annual Group service Total Item Description hours U/M Unit Cost (Quantity x Unit Cost)l Hourly Rate—Regular(7:00a.m.—5:00p.m., Hourly 1 A Mon.—Fri.) 460 Rate $ Hourly Rate-Non Regular(after 5:00p.m., Hourly 1 B Mon.—Fri.,Weekends and Holidays) 120 Rate $ Estimated Annual Gross Net Cost Group Costs % of Mark-up (Estimated Annual Gross Item Description Dealer Invoice Cost) Costs x %Mark-u ) Mark-up for Parts and 1C Supplies $25,000 % $ " 'Grand Total 1A+413+Sub-totalltem Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: 11 2'Y I -� 37 APPENDIX F BE,ACH Insurance Requirements 2014- 159-SW Maintenance and Repair of Citywide Fountains DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive Miami Beach, Florida 33139 � - 38 ATTACHMENTS C APPENDIX E MIAMI POOL TECH 8493 NW 54T" STREET MIAMI, FLORIDA 33166 (305) 477-0347 I A Bid N. Tender Form *REVISED June 20, 2014; Section 1 only revised. 2014- 159-SW Maintenance and Repair of Citywide Fountains DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive Miami Beach, Florida 33139 T 0 - 5g-S 5 APPENDIX E BID TENDER FORM Bidder affirms that the prices stated on the proposal price form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Bid Tender Form shall be completed mechanically or, if manually, in ink. Bid Tender Forms completed in pencil shall be deemed non-responsive.all corrections on,the Bid Tender Form shall be initialed. SECTION 1. MAINTENANCE AND CLEANING. Total oun F Location Quantity Price 46M taih 1 Lincoln Rd Mall fountain Block 1000 52 week $ 50.°O $ p4 2 Lincoln Rd Mall fountain Block 900 52 week $ 50.°a $ 3 Lincoln Rd Mall fountain Block 800 52 week $ _19.00 $ d 4 Lincoln Rd Mall fountain Block 700 52 week $ 0,00 $ 5 Lincoln Rd Mall fountain Block 600 52 week $ ,o° $ " 6 Lincoln Rd Mall fountain Block 500 52 week $ .a° $ 7 Lincoln Rd Mall fountain Block 400 #1 52 week $ D.CK2 $ 8 Lincoln Rd Mall fountain Block 400 #2 52 week $ j•o° $ 9 Palm Island fountain,156 Palm Ave. 52 week $ SD.°° $ , 10 Star island fountain 12 Star Island Dr. 52 week $ 150 RV $ , 11 21 St.fountain 21st&Alton Rd. 52 week $ 50.o'O $ 12 41 St.fountain 41st&Pinetree Dr. 52 week $ i5p.00 $ 13 71 ST.fountain 71st&Ruevendome Dr. 52 week $ r •CO $ �r 14 Welcome Sign fountain,71st&Biarritz Dr. 52 week $ -159-00 $ ,► 15 6th St.Community Center fountain, 833 6th St. 52 week $ -50•00 $ ,r 16 To pa Fount.1700 Washington Ave. 52 week $ 50 co $ r r 17 777 Building Fountain.777 17th ST.Meridian Ave. 52 week $ 59,00 $ ,r The"Rotunda"fountain,Bass Museum&Collins Park 18 Fountains 2111 Collins Ave., East 52 week $ ��•O° $ � The"North"fountain,Bass Museum&Collins Park,2111 ► 19 u �°a Collins Ave. 52 week $ • $ The"South"fountain,Bass Museum&Collins Park,2111 r r 20 Collins Ave. 52 week $ 9.O° $ The"Tranquility"fountain,Bass Museum&Collins Park, m r' 21 2111 Collins Ave, NW corner 52 week $ $ 22 Ocean Front Auditorium,1001 Ocean Drive 52 week $ •Q.oV $ 2-3 Sew-P$'^� &.1 weed $ N/A $ NIA Total annual Maintenance and Cleaning Fee: $ S °° 1TB No. 2014-159-SW Maintenance and Repair of City Fountains ADDENDUM NO. 1 June 20, 2014 SECTION 2. REPAIRS (Hourly Labor and Cost of Equipment and/or Materials) -_Group.l Estimated Annual Group service Total Item Description hours UIM Unit Cost (Quantity x Unit Cost)1 Hourly Pate) -Regular(7:00a.m.-5:00p.m., Hourly d) I 3 1 A Mon.-Fri. 1 G� 460 I Rate , i Hourly Rate-Non Regular(after 5:00p.m., Hourly 1 B Mon.-Fri.,Weekends and Holidays) 120 Rate 15, Ooh t is J - } Estimated Annual Gross . i � Net Cos+ - Group Costs %of Mark-up (Estimated Annual Gross It Description 'Dealer Invoice Cost) I Costs x %Mark-up) p � Mark-up for Paris and ` 5'0 —% l 1 C -Supplies I 525,000 I ohs - 9 0�: � to ' � � rare ;-a 6� � 3�� ''•00 Company: Authorized Representative: 1 ?-r?- Address; Telephone: G.. 5 Oz 2�J7 7 —0_3 YO Email: or-*,v P- "11" pL C4 C_d-)—if Authorized Representative's Sign ture: Any questions regarding this Addendum should be submitt i writing to the Procurement Management Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado @miamibeachr1.gov. Contact: Telephone: Email: Steven Williams 305-673-7497 I stevenwilliams miamibeac ov Proposers are reminded to acknowledge receipt of this addendum as part of your ITN submission. Potential proposers that have elected not to submit a response to the ITN are requested to complete and return the "Notice to Prospective Bidders" questionnaire with the reason(s)for not submitting a proposal. Sincerely, f Alex Denis Procurement Director TB V Pool Tech, Inc. 8493 NW 54th St. * Miami, Fl 33166 Phone (305) 477-0340 * Fax (305) 477-0270 *List of References* 2600 Island Blvd Condominium Marcy Kravit 2600 Island Blvd Property Manager Miami, FL 33160 305-937-2006 /marcykravit @residenceducap.com Bella Mare at Williams Island Condo Jennifer Jordan 6000 Island Blvd Property Manager Aventura, FL 33160 305-749-3261 /jennifer@bellainareassociation.net The Falls Shopping Center Norman Lindo 8888 SW 136 Street Operations Director Miami, FL 33176 305-255-4570/nlindo @simon.com Trump Doral Golf Resort & Spa Jim Borowski 4400 NW 87 Ave Director of Engineering Miami, FL 33178 305-592-2000/jorowski @trumphotels.com The services provided a this properties include: Test and adjust water chemistry, Monitor and interpret gauges, flow meters, operational and recirculation efficiency of various filters and filter media systems. Maintain pool ladders, railings and monitor bumpers, o-rings, gaskets and gauges. Skim, vacuum, brush, tile cleaning, check lint traps and cleaning of filters. i I Solicitation No: Solicitation Title: 2014-159-SW Maintenance and Repair of Citywide Fountains Procurement Contact Tel: Email; Steven Williams 305-673-7000, x6650 Stevenwilliams@miamibeachfi.gov BID CERTIFICATION, QUESTIONNAIRE& REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of certain solicitation 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 may be evaluated. This Bid Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proposer Information. FIRM NAME: M ;AW lvqo —Ie-C4 P-IC- No of Years in usiness: / ex Q j No of Years in Business Locally- OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: O FIRM PRIMARY ADDRESS(HEADQUARTERS): CITY; Da lex L STATE: ZIP CODE:J?3�fv TELEPHONE NO.: 0S- Y77" YO TOLL FREE No.: •7 FAX NO.: 5_ i172^ 0970 FIRM LOCAL ADDRESS: S4*t e A-' Q L_1 e CITY: Ex STATE: �, ZIP CODE: PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: ACCOUNT REP TELEPHONE NO.: - 69 ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: _ r I�f OL !��• C FEDERAL TAX IDENTIFICATION NO.: 6.5 o 0 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. ITB 2014-159-SVV 17 1. Miami Beach Based Local Vendor. Is Proposer claiming Miami Beach based firm status? (Local) YES p �NO SUBMITTAL REQUIREMENT: Proposers claiming Miami Beach vendor status shall submit a Business Tax Receipt issued by the City of Miami Beach and the proof of residency requirement, as required pursuant to ordinance 2011-3747,to demonstrate that the Proposer is a Miami Beach Based Vendor. 2. Veteran Owned Business.Is Proposer claiming a vetera owned business status? YES NO SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal government, as required pursuant to ordinance 2011-3748. 4. Financial Capacity. Each Proposer shall arrange for Dun& Bradstreet to submit a Supplier Qualification Report(SQR)directly to the Procurement Contact named herein.No proposal will be considered without receipt, by the City,of the SQR directly from Dun & Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the Proposer. The Proposer shall request the SQR report from D&B at: https:/Isupplierportal.dnb.com/webapp/wcs/stores/serviet/Sul)plierPortal?storeld=11696 Proposers are responsible for the accuracy of the information contained in its SQR. It is highly recommended that each Proposer review the information contained in its SQR for accuracy prior to submittal to the City and as early as possible in the solicitation process. For assistance with any portion of the SQR submittal process, contact Dun & Bradstreet at 800.424-2495. SUBMITTAL REQUIREMENT: Proposer shall request that Dun & Bradstreet submit its Supplier Qualifier Report directly to the City,with bid or within 2 days of request. 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 regulatory action filed,and identify the court or agency before which the action was instituted, the applicable 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. 6. Conflict Of Interest.All Proposers must disclose,in their Proposal,the name(s)of any officer,director,agent,or immediate family member(spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates. SUBMITTAL REQUIREMENT: Proposers must disclose the name(s)of any officer,director, agent, or immediate family member (spouse,parent,sibling,and child)who is also an employee of the City of Miami Beach. Proposers must also disclose the name of any City employee who owns,either directly or indirectly, an interest of ten (10%)percent or more in the Proposer entity or any of its affiliates, 7. 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. SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2) Contact Individual Name&Title,3)Address,4)Telephone,5)Contacts Email and 6)Narrative on Scope of Services Provided. ITB 2014-159-SW 18 8. Suspension,Debarment or Contract Cancellation.Has Proposer ever been debarred,suspended or other legal violation,or had a contract cancelled due to non-performance by an u c sector agency? YES NO SUBMITTAL REQUIREMENT: If answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to action(s). 9. Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2487 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 solicitation. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity 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 Miami Beach. 10. 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 Procurement Division with its proposal/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.miamibeachfi.gov/procurement/. 11. 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 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 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 proposal, 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/procuremenU. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document,Proposer agrees to the living wage requirement. 12. 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 2005-3494 requires certain contractors doing business with the City of Miami Beach,who are awarded a contract pursuant to competitive proposals, to provide"Equal Benefits"to their employees with domestic partners, as they provide to employees with spouses. 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. ITB 2014-159-SW 19 A. Does your company provide or offer acce o any benefits to employees with spouses or to spouses of employees? - YES 0 NO B. Does your company provide or offer access to any benefits to employees with(same or opposite sex)domestic partners'or to domestic partners of employees? 0 YES dNO C. Please check all benefits that apply to your answers above and list in the "other' section any additional benefits not already specified. Note:some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave;other benefits are provided directly to the spouse or domestic partner,such as medical insurance. BENEFIT Firm Provides for Firm Provides for Firm does not Employees with Employees with Provide Benefit S pouse§ Domestic Partners Health Sick Leave Family Medical Leave Bereavement Leave If Proposer cannot offer a benefit to domestic partners 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 is available at www.miamibeachfl.gov/procurement/. 13. Public Entity Crimes.Section 287.133(2)(a),Florida Statutes,as currently enacted or as amended from time to time,states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal, proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work;may not submit proposals,proposals,or replies on leases of real property to a public entity;may not be awarded or perform work as a contractor, supplier,subcontractor,or consultant under a contract with any public entity;and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees with the requirements of Section 287.133,Florida Statutes,and certifies it has not been placed on convicted vendor list. 14. Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation which may provide additional information to Proposers or alter solicitation requirements. The City will strive to reach every Proposer having received solicitation through the City's e-procurement system, Public Purchase.com. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation.This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addenda may result in proposal disqualification. Initial to Confirm Initial to Confirm Initial to Confirm Rec t Receipt Receipt Addendum 1 Addendum 6 Addendum 11 Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 If additional confirmation of addendum is required,submit under separate cover. ITB 2014-159-SW 20 ® e ® L 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 solicitation,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 solicitation, either before or after issuance of an award,shall be without any liability or obligation on the part of 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 Bid or 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,or its completeness. No warranty or representation is made by the City or its agents that any Proposal conforming 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 solicitation are submitted at the sole risk and responsibility of the party submitting such Proposal. This solicitation 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 Government-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 proposal 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. 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 solicitation,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 solicitation, 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 solicitation, it is understood that the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be governed by and construed in accordance with the laws of the State of Florida. ITB 2014-159-SW 21 o !fl, IONL ERCERT CAT I hereby certify that: I, as an authorized agent of the Proposer, am submitting the following information jireen y firm's proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of tument, inclusive of this solicitation,all attachments,exhibits and appendices and the contents of any Addenda rehereto, and the Disclosure and Disclaimer Statement; Proposer agrees to be bound to any and all specificatios and conditions contained in the solicitation, and any released Addenda and understand that the following are ements of this solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has vulged, discussed,or compared the proposal with other Proposers and has not colluded with any other Proposer to any other proposal; Proposer acknowledges that all i nformation contained herein is part of the public domain ned by the State of Florida Sunshine and Public Records Laws; all responses,data and information contained in oposal, inclusive of the Pro osal Certification,Questionnaire and Re uirements Affidavit are true and accurate. Name of Proposers Authorized Representative: Title Proposer Authori Representative: y C ` �Z Lo Signafvre of Proposer's Authorized Representative: Date: i l ersonall State of FLORIDA ) On th is da y of 20 �p Y appeared before me who, Coun of stated that (s)he is the D 4 L(tLu' tY ) of , a corporation, and that the instrument was signed in behalf of the said corporation by authority of its board of directors and a owledged said instrument to be its voluntary act and deed.jBiefore fn .� VIA' Notary Public for the State of �04� CCU My Commission Expires: 10---0�—!J6 i VANESSA CALVANO commission#EE 839892 .o' My commission Expires October 01 , 2016 /ll llllt ITB 2014-159-SW 22 Fes„ [�g Request for Taxpayer Give Form to the requester.Do not (gov.Q�b"2011) identification Number and Certification send to the}RS. 17epaittrrerst o(the Treemiry Intwnd Pavema Senolm Name( stsown an your Income tax return) Business neme/disra�arded entity name,ff dKierent from above N a Q Check appropriate bax for federal tax classiticatfon: ° Q indMduel/sole proprietor ❑ C Corporation �S Corporation ❑ Partnership ❑Trust/estate ° _ ❑Exempt payee ` ❑ Llm ted Ilablity company.Enter the tax cfasstficatbn(C--C ccrporatfon,S=S coeperadcn,P=partnership}► ❑ oew(see Instrutlona)► Address(humbwr sbwt,and apt.or suite rtd.) Requeats�s name and address(optional} g L4 q Kt r CRY,sci to and zIR code List axaast raamber(s)Isere(optlana4 Taxpayer identification Plumber iN Social security number Enter your TIN in the appropriate box.The TiN provided must match the name gfven on the-Name'one to avoid backup wtthhofdcrtg.For individuals,this Is your soda(security number(SSN).However,for a resident aaen,sole proprietor,or disregarded entity,see the Part 1 instructions an page 3.For other entitles,it is your amplayer Identification number(EIN).If you do not have a number,see How to get a T71V on page 3. e 4 far uldellnes on whose Employer iderstttloatiors number Nota.If the account Is In more than one name,see the chart on pas 9 -[a number to enter. I:Frg in— Certification Under penalties of penury,i certify that 1. The number shown on this form is my correct taxpayer Identification number(or I am waiting for a number to be issued to me),and 2. I am not subject to backup withholding because:(a)I am exempt from backup wlthholdtng,or(b)I have not been notified by the internal Revenue Service Wq 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 belcw). Certification instructions.you must crass out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have Wad to report aff Interest and dividends on your tax retum.For real estate transactions,item 2 does not apply.For mortgage interest paid,acquisition or abandonment of secured property,cancellation of debt,contributions to an Individual retirement arrangement ORA),-and generally,payments outer than Interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the fnstructlons on page 4. Sign Wgrs tw*of 64L,0 Here us.parson► ° °► General Instructions Note.if a requester gives you a form other than Form W-9 to request your TIN,you must use the requestees form if It is substantially similar Section references are to the Internal Revenue Code unless otherwise to this-Form W-9. noted. Deftnit9an of a U.S.person.For federal tax purposes,you are considered a U.S.person if you are: Purpose Of Farm .An Individual who is a U.S.citizen or U.S.resident aflen, A person who is required to file an information return with the IRS must obtain your cca-act taxpayer identification number CTIN)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,canceitatfcn .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 301.7701-7). Use Farm WA only it you are a U.S.person(tnclud(ng a resident Special rules for partnerships.Partnerships that conduct a trade or alien),to provide your correct TIN to the person requesting it(the business In the United States are generally required to pay a withholding requester)and,when applicable,to: tax on any foreign partners'share of income from such business. 1.Certify that the TIN you are giving Is correct(or you are waiting for a Further,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.CarUfy 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 icabfa,you are also c ng that as a U.S.person,your States,provide Form W-9 to the partnership to estabrish your U.S. adore If app(' status and avoid withholding on your share of partnership income. allocable share of any partnership Income from a U.S.trade or business is not subject to the withholding tax on foreign partners'share of effectively connected income. Cat.Na.10231X Form W°g(Rev.t2-2011) - DEPARTS 7 OF BUST"�,SS AND PROFESSIC L REGULAT70N ' CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487 -1395 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 KERNANDEZ, CARLOS ALBERTO MIAMI POOL TECH INC 11301 SW 97 AVE MIAMI FL 33176 �, -i'SAtE OF FQFUDA ir: t '.-r Congratulations! With this license you become one of the nearly one million l` .' -.�•'.,,.•."_ .-".,;`.. -'`�: Floridians licensed by the Department of Business.and Professionaf Regulation. `BdS.TI3S. ANA Our professionals and businesses range from architects to yacht brokers, from ,gRO'FE$ F4 btEGIILAT:IOI = • :. boxers to barbeque restaurants, and they keep Florida's economy strong. y : C_PC0567'9: �2.'12.70i.03,3'55 Everf day we work to improve the way we do business in order to serve you bett e For information about our services,please log onto www.myfloridalicanse.com. ` CFsRT :PQf " tON'FRACT.OR There you can find more information about our divisions and the regulations that :: .. HERNAN]a-F. - _ �.:_.,r •, impact you, subscribe to department newsletters and learn more about the s; 4IAM11" PQG3'B Departmenfs initiatives. � - •'tie .4' :_ '.' _,.;,��. :,_:rim•d' Our mission at the Department is:License Efficiently, Regufate Fairly. We n•"�� W' constantly stFive to serve you better so that you can serve your customers. l Fs:'C2`ZFI : he': rcPigris'�ae_ch t89;.Irg Thank you for doing business in Florida, and congratulations on your new license!0. i -� l Lcg saClga'diC.s�f!Qai:';31" 2 4' :r:= za$;-T-182-1- DETACH HERE 1 a•' fi' 1`' {(. . TAT E3 .,F EaR .DX.!` i `DE' Q'I' Nfi 'OF' HffS:INLSS AND:;"'P'RE}RESSf.ONAL~.REOtTIATION,.. '. �. 'CONS:TRUCTION INDg�'FRY' �IE$NS1°NG BOARD. ti ,� '\.!„_... 1. - /••'.: f!.. '' .. 'i �' '.� .2Q12.' 2'7O.f793-5'9 _- :'CFC056- The:.t,SERVICE 'POOLS=PA `CC}NTRACT ,� _!.' 4 - .:;,.ra1 Na.�n=ed .�i.e.°haw ;-IS ;:CEIl�IFFEII::- _ ; ' :�� •�,' IIi de'r tie-.;p V-1sfons of e iapa'e'xi� r. ExpiratLOa' date . AIIG 3 .k " �0'�4. '�;� •�, {{ _r ;�,.:-: ��,�� :� �,1, HERNANDEZ% C.,iOZ.:- ALB ERTO 'MIAXI,_POOL':;-TECH 'INC'._. A .... 113 4 Z SW 9 Z VE r MIA FL'.. 3;_3 2 T 6 , RZdK�:SCOTT KEN LAWSON GOVERNOR SECRETARY __ .._._ .— __. _..-. ... _..... DISPLAY AS REQUIRED BY LAW SIMON . more aiceso T 1 f E FA '— I K A t. t. s February 5, 2011 To Whom It May Concern: Miami Pool Tech, under the leadership of Carlos Hernandez, has served all of the water system's needs at The Falls Shopping Center for nearly 13 years. He and his staff have provided mall management with consistent and outstanding service, strong and knowledgeable guidance throughout their tenure with us. The Falls reputation is in part dependent on its unusual and outstanding architectural features, with the main feature being the waterscape, thus its maintenance is critical to our success and reputation_ Miami Pool Tech staff is both professional and efficient. Carlos personally has gone above and beyond the scope of work in their contract, providing recommendations on a variety or related needs. These are traits that are unfortunately, rarely seen amongst today's service providers. 1 highly recommend Miami Pool Tech to other companies considering these sorts of services and needs.. Sincerely, Jute G dman The Falls Mall Manager 3888 s'N t 36th street.uiami. FL 33 176 305.255.,157 i 1 Fax CS.Z35.%2�8 t v�vw.siman.��m ATTACHMENTS D �.•, MIAMI-2 OP ID:TF CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) l6a� " 10/17/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT David R.Griffiths Insurance By Ken Brown,Inc. PHONE 321-397-3870 A/c,No): 321-397-3888 PO Box 948117 A/C No.Ext Maitland,FL 32794-8117 E-MAIL David R.Griffiths ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Amerisure Ins Company 19488 INSURED Miami Pool Tech,Inc. INSURER B:Amerisure Mutual Ins.Co 23396 8493 N.W.54th Street Miami, FL 33166-3320 INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED.BY PAID CLAIMS. INSR DDL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE POLICY NUMBER MM/DD/YYYY MM/DDIYYYY B X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 DAMAGE TO ReTrEG_ CLAIMS-MADE ®OCCUR X CPP20772130302 06/14/2014 06/14/2015 PREMISES Ea occurrence $ 100,00 MED EXP(Any one person) $ 5,00 PERSONAL&ADV INJURY $ 1,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,00 ® PRO ❑ LOC PRODUCTS-COMP/OP AGG $ 2,000,00 JECT POLICY PRO- OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,00 Ea accident A X ANY AUTO X CA20789790301 06/14/2014 06/14/2015 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ X HIRED AUTOS X AUTOS Per accident UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 3,000,00 B X EXCESS LIAB CLAIMS-MADE CU20772150302 06/14/2014 06/14/2015 AGGREGATE $ 3,000,00 DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y❑N I A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) ITB 2014-159 - Maintenance and Repair of Citywide Fountains City of Miami Beach is listed as an additional insured with regards to general and auto liability as required by written contract. fax 305-673-7857 CERTIFICATE HOLDER CANCELLATION MIAMIBC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Miami Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y ACCORDANCE WITH THE POLICY PROVISIONS. 1700 Convention Center Drive Miami Beach, FL 33139 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD I MIAM135 OP ID: IDLA CERTIFICATE OF LIABILITY INSURANCE DATE(M7/20 10117120 4 14 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Avante Insurance Agency, AME: g y,Inc.. PHONE FAX 7490 West Flagler Street A/C No Ext: A/C No): Miami,FL 33144 E-MAIL Financial Designs Inc ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Bridgefield Employers Ins.Co. INSURED Miami Pool Tech,Inc. INSURER B: 8493 NW 54 Street Doral, FL 33166 INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE DDL UBR POLICY NUMBER MM/DDY/YYYY MM LTR /DfYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE N COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ CLAIMS-MADE F—I OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERALAGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY PRO LOC $ A COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY Ea accident $ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $HIRED AUTOS AUTOS PER ACCIDENT UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION X WC STATU- OTH- AND EMPLOYERS'LIABILITY TORY LIMITS X ER A ANY PROPRIETOR/PARTNER/EXECUTIVE Y I N 0830-53411-0 02/15/2014 02/15/2015 E.L.EACH ACCIDENT $ 1,000,00 OFFICER/MEMBER EXCLUDED? F-1 N I A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,00 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,00 I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Pool Service & Repair L��Cy CERTIFICATE HOLDER CANCELLATION CITYOMB SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Miami Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y ACCORDANCE WITH THE POLICY PROVISIONS. 1700 Convention Center Drive Miami Beach, FL 33139 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD Miami Pool Tech CPP 20772130302 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR'S BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM All of the terms,provisions,exclusions,and limitations of the coverage form apply except as specifically stated below. SECTION 11-WHO 15 AN INSURED is amended to include as an insured any person or organization,called an additional insured in this endorsement: 1. Whom you are required to add as an additional insured on this pd!icy under a written contract or agreement relating to your business;or 2. Who is named as an additional insured under this policy on a certificate of insurance. However,the written contract,agreement or certificate of insurance must require additional insured status for a time period during the term of this policy and be executed prior to the"bodily injury","property damage","personal injury", or"advertising injury"giving rise to a claim under this policy. If,however, "your work"was commenced under a letter of intent or work order, subject to a subsequent reduction to writing within 30 days from such commencement and with customers whose customary contracts require they be named as additional insureds,we will provide additional insured status as specified in this endorsement. 3. If the additional insured is: (a) An individual,their spouse is also an additional insured. (b) A partnership or joint venture,members,partners;and their spouses are also additional insureds. (c) A limited liability company,members and managers are also additional insureds. (d) An organization other than a partnership,joint venture or limited liability company,executive officers and directors of tine organization are also additional insureds. Stockholders are also additional insureds,but only with respect to their liability as stockholders. (e) A trust,you are an insured. Your trustees are also insureds,but only with respect to their duties as trustees. The insurance provided to the additional insured is limited as follows: 1. That person or organization is only an additional insured with respect to liability arising out of: (a) Premises you own,rent, lease,or occupy,or (b) Your ongoing operations performed for that additional insured, unless the written contract or agreement or the certificate of insurance requires"your work"coverage(or wording to the same effect)in which case the coverage provided shall extend to"your work"for that additional insured. Premises,as respects this provision,shall include common or public areas about such premises if so required in the written contract or agreement. Ongoing operations,as respects this provision, does not apply to"bodily injury"or"property damage"occurring after: (1) All work including materials,parts or equipment furnished in connection with such work on the project (other then service,maintenance or repairs)to be performed by or on behalf of the additional insured(s)at the site of the covered operations has been completed;or Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Copyright Insurance Services Office, Inc.,2003 CG 70 48 03 04 Page 11 of 2 (2) That portion of "your work'out of which the injury or damage arses has been put to Its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. 2. The limits of insurance applicable to the additional insured are the least of those specified in the written contract or agreement,or in the certificate of insurance or in the Declarations for this policy. If you also carry an Umbrella policy,and the written contract or agreement or certificate of insurance requires teat the additional insured status also apply to such Umbrella policy,the limits of insurance applicable to the additional insured under this policy shall be those specified in the Declarations of this policy. The limits of insurance applicable to the additional insured are inclusive of and not in addition to the limits of insurance shown in the Declarations. 3. The additional insured status provided by this endorsement does not extend beyond the expiration or termination of a premises lease or rental agreement nor beyond the term of this policy. 4. Any person or organization who is an insured under the terms of this endorsement and who is also an insured under the terms of the GENERAL LIABILITY EXTENSION ENDORSEMENT,if attached to this policy,shall have the benefit of the terms of this endorsement if the terms of this endorsement are broader. 5. If a written contract or agreement or a certificate of insurance as outlined above requires that additional insured status be provided by the use of CG 20 10 11 85,then the terms of that endorsement,which are shown below, are incorporated into this endorsement as respects such additional insured,to the extent that such terms do not restrict coverage otherwise provided by this endorsement: ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS(FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART, SCHEDULE Name of Person or Organization: Blanket Where Required by Written Contract, Agreement,or Certificate of Insurance that the terms of CG 20 10 11 85 apply (If no entry appears above,information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED(Section 11)is amended to include as an insured the person or organization shown In the Schedule,but only with respect to liability arising out of"your work"for that insured by or for you. Copyright,Insurance Services Office, Inc., 1984 CG 20 10 11 85 The insurance provided to the additional insured does not apply to"bodily injury", "property damage", 'personal injury", or"advertising injury"arising out of an architect's, engineer's,or surveyor's rendering of or failure to render any professional services including but not limited to: 1. The preparing,approving,or failing to prepare or approve maps,drawings,opinions, reports,surveys,change orders,design specifications;and 2. Supervisory,inspection,or engineering services. Any coverage provided in this endorsement is excess over any other valid and collectible insurance available to the additional insured whether primary,excess,contingent, or on any other basis unless the written contract, agreement,or certificate of insurance requires that this insurance be primary,in which case this insurance will be primary without contribution from such other insurance available to the additional insured. includes copyrighted material of Insurance Services Office, Inc.,with its permission. Copyright insurance Services Office, Inc.2003 Page 2 of 2 CG 70 48 03 04 Miami Pool Tech CA 20789790301 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FLORIDA ADVANTAGE COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. 350 The premium for this endorsement is$ 1. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS-CANCELLATION, Paragraph A.2. is replaced by the following: 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or b. 60 days before the effective date of cancellation if we cancel for any other reason. 2. BROAD FORM INSURED SECTION II - LIABILITY COVERAGE A.I.WHO IS AN INSURED is amended by the addition of the following: d. Any organization you newly acquire or form, other than a partnership,joint venture or limited liability company, and over which you maintain ownership or a majority interest,will qualify as a Named Insured. However, (1) Coverage under this provision is afforded only until the end of the policy period; (2) Coverage does not apply to "accidents"or"loss"that occurred before you acquired or formed the organization; and (3) Coverage does not apply to an organization that is an "insured" under any other policy or would be an "insured" but for its termination or the exhausting of its limit of insurance. e. Any"employee"of yours using: (1) A covered "auto"you do not own, hire or borrow, or a covered "auto" not owned by the"employee"or a member of his or her household, while performing duties related to the conduct of your business or your personal affairs;or (2) An "auto" hired or rented under a contract or agreement in that"employee's"name,with your permission,while performing duties related to the conduct of your business. However,your "employee"does not qualify as an insured under this paragraph (2)while using a covered "auto" rented from you or from any member of the"employee's"household. f. Your members, if you are a limited liability company, while using a covered"auto"you do not own, hire, or borrow, while performing duties related to the conduct of your business or your personal affairs. g. Any person or organization with whom you agree in a written contract,written agreement or permit, to provide insurance such as is afforded under this policy, but only with respect to your covered"autos". This provision does not apply: (1) Unless the written contract or agreement is executed or the permit is issued prior to the "bodily injury" or"property damage"; .Includes copyrighted material of Insurance Services Office, Inc. CA 71 71 05 08 Page 1 of 6 (2) To any person or organization included as an insured by an endorsement or in the Declarations;or (3) To any lessor of"autos" unless: (a) The lease agreement requires you to provide direct primary insurance for the lessor; (b) The "auto" is leased without a driver; and (c) The lease had not expired. Leased"autos"covered under this provision will be considered covered "autos"you own and not covered "autos"you hire. h. Any legally incorporated organization or subsidiary in which you own more than 50%of the voting stock on the effective date of this endorsement. This provision does not apply to "bodily injury'or"property damage"for which an"insured" is also an insured under any other automobile policy or would be an insured under such a policy, but for its termination or the exhaustion of its limits of insurance, unless such policy was written to apply specifically in excess of this policy. 3. COVERAGE EXTENSIONS -SUPPLEMENTARY PAYMENTS Under SECTION II - LIABILITY COVERAGE,A.2.a. Supplementary Payments, paragraphs (2)and (4)are deleted and replaced with the following: (2) Up to $2500 for the cost of bail bonds(including bonds for related traffic law violations) required because of an "accident"we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the"insured"at our request, including actual loss of earnings up to $500 a day because of time off from work. 4. AMENDED FELLOW EMPLOYEE EXCLUSION SECTION II - LIABILITY COVERAGE, B. EXCLUSIONS, paragraph 5. FELLOW EMPLOYEE is deleted and replaced by the following: "Bodily injury'to any fellow"employee'of the"insured"arising out of and in the course of the fellow "employee's"employment or while performing duties related to the conduct of your business. However, this exclusion does not apply to your"employees"that are officers or managers if the"bodily injury"results from the use of a covered "auto"you own, hire or borrow. Coverage is excess over any other collectible insurance. 5. HIRED AUTO PHYSICAL DAMAGE COVERAGE AND LOSS OF USE EXPENSE A. Under SECTION III - PHYSICAL DAMAGE COVERAGE,A. COVERAGE,the following is added: If any of your owned covered "autos"are covered for Physical Damage,we will provide Physical Damage coverage to"autos"that you or your"employees" hire or borrow, under your name or the "employee's' name,for the purpose of doing your work. We will provide coverage equal to the broadest physical damage coverage applicable to any covered "auto"shown in the Declarations, Item Three, Schedule of Covered Autos You Own,or on any endorsements amending this schedule. B. Under SECTION 111-PHYSICAL DAMAGE COVERAGE, A.4. COVERAGE EXTENSIONS, paragraph b. Loss of Use Expenses is deleted and replaced with the following: b. Loss Of Use Expenses For Hired Auto Physical Damage,we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver, under a written rental contract or agreement. We will pay for loss of use expenses if caused by: (1) Other than collision, only if the Declarations indicate that Comprehensive Coverage is provided for any covered"auto"; (2) Specified Causes of Loss,only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or Includes copyrighted material of Insurance Services Office, Inc. Page 2 of 6 CA 71 71 05 08 (3) Collision, only if the Declarations indicate-that Collision Coverage is provided for any covered "auto". However, the most we will pay for any expenses for loss of use is$30 per day,to a maximum of $2,000.. C. Under SECTION IV—BUSINESS AUTO CONDITIONS, paragraph 5.b. Other Insurance is.deleted and replaced by the following: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered"autos"you own. 1. Any covered "auto"you lease, hire, rent or borrow; and 2. Any covered "auto"hired or rented by your"employee" under a contract in that individual "employee's" name,with your permission,while performing duties related.to the conduct of your business. However, any"auto"that is leased, hired, rented or borrowed with a driver is not a covered "auto", nor is any"auto"you hire from any of your"employees", partners (if you are a partnership), members(if you are a limited liability company),or members of their households. 6. LOAN OR LEASE GAP COVERAGE Under SECTION III-PHYSICAL DAMAGE COVERAGE,A. COVERAGE, the following is added: If a covered "auto"is owned or leased and if we provide Physical Damage Coverage on it,we will pay, in the event of a covered total"loss", any unpaid amount due on the lease or loan for a covered "auto", less: (a) The amount paid under the Physical Damage Coverage Section of the policy;and (b) Any: (1) Overdue lease or loan payments including penalties, interest or other charges resulting from overdue payments at the time of the"loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Costs for extended warranties, Credit Life Insurance, Health,Accident or Disability Insurance purchased with the loan or lease; (4) Security deposits not refunded by a lessor;and (5) Carry-over balances from previous loans or leases. 7. RENTAL REIMBURSEMENT SECTION III -PHYSICAL DAMAGE COVERAGE, A.COVERAGE, paragraph 4.Coverage Extensions is deleted and replaced by the following: 4. Coverage Extensions (a) We will pay up to$75 per day to a maximum of$2000 for transportation expense incurred by you because of covered "loss".. We will pay only for those covered "autos"for which you carry Collision Coverage or either Comprehensive Coverage or Specified Causes of Loss Coverage. We will pay for transportation expenses incurred during the period beginning 24 hours after the covered "loss"and ending, regardless of the policy's expiration,when the covered "auto" is returned to use or we pay for its"loss". This coverage is in addition to the otherwise applicable coverage you have on a covered "auto". No deductibles apply to this coverage. (b) This coverage does not apply while there is a spare or reserve"auto"available to you for your operation. .Includes copyrighted material of Insurance Services Office, Inc. CA 71 71 05 08 Page 3 of 6 8. AIRBAG COVERAGE SECTION III PHYSICAL DAMAGE, B. EXCLUSIONS, Paragraph 3. is deleted and replaced by the following: We will not pay for"loss"caused by or resulting from any of the following unless caused by other"loss"that is covered by this insurance: a. Wear and tear,freezing, mechanical or electrical breakdown. However,this exclusion does not include the discharge of an airbag. b. Blowouts, punctures or other road damage to tires. 9. GLASS REPAIR -WAIVER OF DEDUCTIBLE SECTION III -PHYSICAL DAMAGE COVERAGE, D. DEDUCTIBLE is amended to add the following: No deductible applies to glass damage. 10. COLLISION COVERAGE—WAIVER OF DEDUCTIBLE SECTION III -PHYSICAL DAMAGE COVERAGE, D. DEDUCTIBLE is amended to add the following: When there is a"loss"to your covered "auto"insured for Collision Coverage, no deductible will apply if the "loss"was caused by a collision with another"auto"insured by us. 11. KNOWLEDGE OF ACCIDENT SECTION IV -BUSINESS AUTO CONDITIONS, A. LOSS CONDITIONS,2. DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS, paragraph a. is deleted and replaced by the following: a. You must see to it that we are notified as soon as practicable of an accident", claim, "suit"or"loss". Knowledge of an "accident", claim, "suit"or"loss" by your"employees"shall not, in itself, constitute knowledge to you unless one of your partners, executive officers,directors, managers, or members (if you are a limited liability company) has knowledge of the"accident,", claim, "suit'or"loss". Notice should include: (1) How,when and where the"accident'or"loss"occurred; (2) The"insured's" name and address; and (3) To the extent possible,the names and addresses of any injured persons and witnesses. 12. TRANSFER OF RIGHTS(BLANKET WAIVER OF SUBROGATION) SECTION IV-BUSINESS AUTO CONDITIONS A.5. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US is deleted and replaced by the following: If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another,those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after"accident"or"loss"to impair them. However, if the insured has waived rights to recover through a written contract, or if your work was commenced under a letter of intent or work order, subject to a subsequent reduction in writing with customers whose customary contracts require a waiver,we waive any right of recovery we may have under this Coverage Form. 13. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV-BUSINESS AUTO CONDITIONS, B. GENERAL CONDITIONS,2. CONCEALMENT, MISREPRESENTATION OR FRAUD is amended by the addition of the following: We will not deny coverage under this Coverage Form if you unintentionally fail to disclose all hazards existing as of the inception date of this policy. You must report to us any knowledge of an error or omission in your representations as soon as practicable after its discovery. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. Includes copyrighted material of Insurance Services Office, Inc. Page 4 of 6 CA 71 71 05 08 14. AUDIO,VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SCHEDULE Description of Covered "Auto": Limit.of Insurance Deductible $500 $250 A. Coverage 1. We will pay,with respect to a covered auto"described in the above Schedule,for"loss"to any electronic equipment that receives or transmits audio, visual or data signals and that is not designed solely for the reproduction of sound. This coverage applies only if the equipment is permanently installed in the covered "auto"at the time of the "loss"or the equipment is removable from a housing unit that is permanently installed in the covered "auto"at the time of"loss', and such equipment is designed to be solely operated by use of the power from the auto's"electrical system, in or upon the covered "auto". 2. We will pay,with respect to a covered auto"described in the above Schedule,for"loss"to any accessories used with the electronic equipment described in paragraph A.1.above. However,this does not include tapes, records or discs. B. Exclusions For purposes of this provision 14, the exclusions that apply to Physical Damage Coverage, except for the exclusion relating to Audio, Visual and Data Electronic Equipment, also apply to coverage provided by this endorsement. In addition,the following exclusions apply: We will not pay,.under this endorsement,for either any electronic equipment or accessories used with such electronic equipment that is: 1. Necessary for the normal operation of the covered "auto"or the monitoring of the covered "auto's" operating system; or 2. Both: a. An.integral part of the same unit housing any sound reproducing equipment designed solely for the reproduction of sound if the sound reproducing equipment is permanently installed in the covered "auto";and b. Permanently installed in the opening of the dash or console normally used by the manufacturer for the installation of a radio. 3. A device designed or used to detect speed measuring equipment such as radar or laser detectors or a jamming apparatus intended to elude or disrupt speed measurement equipment,whether permanently installed or temporarily mounted in or on the covered "auto". C. Limit of Insurance With respect to coverage under provision 14.of this endorsement, the Limit of Insurance provision of Physical Damage Coverage is replaced by the following: 1. The most we will pay for all "loss"to audio, visual or data electronic equipment and any accessories used with this equipment, as described in paragraph A. above, as a result of any one"accident", is the lesser of: a. The actual cash value of the damaged or stolen property as of the time of the"loss";or b. The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality;or c. The amount shown in the Schedule. Includes copyrighted material of Insurance Services Office, Inc. CA 71 71 05 08 Page 5of6 i 2. An adjustment for depreciation and physical condition will be made in determining actual cash value at the time of the "loss 3. If a repair or replacement results in better than like kind or quality,we will not pay for the amount of betterment. D. Deductible 1. If loss"to the audio, visual or data electronic equipment or accessories used with this equipment,as described in paragraph A. above, is the result of a"loss"to the covered"auto" under this Coverage Form's Comprehensive or Collision Coverage, then for each covered "auto"our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations. Any Comprehensive Coverage deductible shown in the Declarations does not apply to"loss"to audio,visual or data electronic equipment caused by fire or lightning. 2. If"loss"to the audio, visual or data electronic equipment or accessories used with this equipment, as described in paragraph A. above, is the result of a "loss"to the covered"auto" under this Coverage Form's Specified Causes of Loss Coverage, then for each covered "auto"our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Schedule of this endorsement. 3. If"loss"occurs solely to the audio, visual or data electronic equipment or accessories used with this equipment, as described in paragraph A. above, then for each covered "auto"our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Schedule of this endorsement. 4. In the event that there is more than one applicable deductible, only the highest deductible will apply. In no event will more than one deductible apply. E. When This Provision Becomes Void This provision,AUDIO,VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE, is void if CA 99 60, Audio, Visual And Data Electronic Equipment Coverage, is attached to the policy. Includes copyrighted material of Insurance Services Office, Inc. Page 6 of 6 CA 71 71 05 08 MIAMI BPACH INSURANCE REQUIREMENTS GENERAL SERVICE AND MAINTENANCE CONTRACT The vendor shall furnish to the Department of Procurement, City of Miami Beach, 1700 Convention Center Drive, 3,d Floor, Miami Beach, Florida 33139, Certificate(s)of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: A. Worker's Compensation Insurance for all employees of the vendor as required by Florida Statute 440. B. Commercial General Liability Insurance on a comprehensive basis, to include Contractual Liability, and Products/Completed Operations, in an amount not less than$1,000,000 combined single limit per occurrence for bodily injury and property damage. City of Miami Beach must be included as an additional insured with respect to this coverage. DC Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with the work, in an amount not less than $300,000 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, Oldwick, New Jersey, or its equivalent, subject to the approval of the City Risk Management Division. 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 3rd 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 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. ITB 201 A.-159-SW 39