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Certification of Contract with Beach Resort Inc. d/b/a BRS Pool Spa Fountain
MIAMIBEACH CITY OF MIAMI BEACH /V/y/ g CERTIFICATION OF CONTRACT TITLE: For Clean, Maintain and Repair Recirculating Fountains Citywide CONTRACT NO.: ITB 2018-094-WG EFFECTIVE DATE(S): This Contract shall remain in effect for a period of three (3) years from date of execution by the Mayor and City Clerk of the City of Miami Beach, and may be extended at the sole discretion of the City, through its City Manager, for two (2) additional (1) year terms. SUPERSEDES: 14-159-01 CONTRACTOR(S): Beach Resort Services Inc. D/B/A BRS Pool Spa Fountain ESTIMATED ANNUAL CONTRACT AMOUNT: NA A. AUTHORITY - Upon affirmative action taken by the Mayor and City Commission of the City of Miami Beach, Florida ("City"), on November 14, 2018, approving the award of this Contract, and upon execution thereof by the City and Beach Resort Services Inc. D/B/A BRS Pool Spa Fountain. a Florida corporation (the "Contractor"). B. EFFECT - This Contract is entered into to Clean, Maintain and Repair Recirculating Fountains Citywide. Invitation to Bid No. ITB 2018-094-WG 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 Department of Procurement Management , 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 ITB 2018-094-WG. 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, Adrian Morales/Director, City of Miami Beach Property Management Department at 305-673-7000 ext. 2932. 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 1 Page 2 Certification of Contract any portion of work and/or services required by the Contract Documents without the prior written consent of the City. 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. 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 — Contractor acknowledges that the provisions of the Public Entity Crimes Act, Section 287.133, Florida Statutes, shall apply to this Contract, which statute provides, in pertinent part, that 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. 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 Page 3 Certification of Contract U 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 fir 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: Adrian Morales City of Miami Beach Property Management Department 1833 Bay Road, 2nd Floor Miami Beach, Florida 33139 With copies to: City Clerk City Clerk Office 1700 Convention Center Drive Miami Beach, Florida 33139 For Contractor: Beach Resort Service Inc D/B/A BRS Pool Spa Fountain 2172 NW 26 Avenue Miami, FL. 33142 Attn: Michael Torres Phone: 305-663-1300 E-mail: mtorresabrs-pools.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. 3 Page 4 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. R. Contractor shall have no entitlement to perform any services hereunder, or to be compensated for any services, unless set forth in a written Purchase Order. 4 Page 5 Certification of Contract IN WITNESS WHEREOF the City and Contractor have caused this Certification of Contract to be signed and attested on this 9* day of "3ear4vwia-1 , 20 tg , by their respective duly authorized representatives. BEACH RESORT SE'VICES INC CITY OF MIAMI BEACH D/B/A BRS P•.OL S A FOUNTAIN apoi, By Pr:sidenSignature Mayor CV/ 4-4 Print Name ATTEST: ATTEST: 47 4 1p • Secre aryl Signature Rafael . Granado, City Clerk /J eia_ 10 net-S' •���`��` � �!'1,44,ct et Print Name ,., . • ■ate ff + 4 * : INCORP ORATED. Date 1ti�C20 vig`'l. APPROVED AS TO FORM &LANGUAGE • &FOR EXECUTION Qa-08-S- , L-s- iv City Attorney Date 5 ATTACHMENT A RESOLUTION COMMISSION ITEMS AND COMMISSION MEMORANDUM Coversheet Page 1 of 2 Competitive Bid Reports-C2 B MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L.Morales,City Manager DATE: November 14,2018 SUBJECT: REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO INVITATION TO BID (ITB) NO. 2018-094-WG,CLEAN, MAINTAIN AND REPAIR RECIRCULATING FOUNTAINS CITYWIDE. RECOMMENDATION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida approve the City Manager's recommendation pertaining to the bids received, pursuant to ITB 2018-094-WG, Clean, Maintain and Repair, Citywide Recirculating Fountains. ANALYSIS The Property.Management Department maintains a number of fountains City-wide. To do so, it has outsourced these services to a local contractor. The current contract has an additional one (1) On September 14, 2014, the Mayor and City Commission approved the award of contract ITB 2014-159-WG for Maintenance and Repair of City Wide Fountains. The current contract is in its final year. Therefore, to seek a replacement contract, the City of Miami Beach sought'proposals from qualified firms to provide all labor, equipment, supplies, chemicals, and materials necessary to perform on-going cleaning, maintenance and repairs of re-circulating fountains located within the City of Miami Beach. ITB PROCESS ITB No. 2018-094-WG, was_issued on August 21, 2018, with a bid opening date of October 19, 2018. Two (2) addenda were issued. The Procurement Department issued bid notices to 83 companies utilizing www.publicpurchase.com website and 1,270 via email notification. Thirty three (33) prospective bidders accessed the advertised solicitation. The notices resulted in the receipt of two (2) responses from: Beach Resort Services, Inc. BRS Pool Spa Fountain, Inc. (BRS) and Miami Pool Tech. However, the bid submitted by Miami Pool Tech has been deemed non-responsive for failure to include a signed Appendix E, Cost Proposal Form, and, as such, cannot be considered. ? In its due diligence, the Procurement Department verified that the lowest responsive bid submitted by BRS met the requirements of the ITB, including previous experience. Accordingly, BRS has been deemed the lowest. responsive and responsible bidder meeting all terms, conditions, and specifications of the ITB. Below is a brief summary of the firm. According to the information provided by the firm, BRS is certified as a Commercial Pool/Spa Contractor through the State of Florida, Division of Business and Professional Regulations and has an active status as a Florida corporation.` Although, BRS has not previously cohtracted with the City of Miami Beach it has received satisfactory feedback from projects similar to those of the City of Miami Beach. As reference, it provided a contract for pool spa and fountain services and repair for the Setai Hotel, the Four Seasons Hotel Miami and the Biltmore Hotel. CONCLUSION After considering the bids received and the evaluation of staff, pursuant to ITB 2018-094-WG, I recommend that the Mayor and City Commission of the City of Miami Beach, Florida, approve the award of a contract to Beach Resort Services, Inc. /BRS Pool Spa Fountain, Inc., the lowest responsive, responsible bidder to the ITB; and further authorize the Mayor and City Clerk to execute a contract. FINANCIAL INFORMATION https://miamibeach.novusagenda.com/agendapublic/CoverSheet.aspx?Item... 11/1 9/20 1 8 Coversheet Page 2 of 2 Grant funding will not be utilized for this project. Funding for these services is including in the department's annual approved appropriations. Legislative Tracking Property Management/Procurement ATTACHMENTS: Description D Exhibit A Tabulation • https://miamibeach.novusagenda.com/agendapublic/CoverSheet.aspx?Item... 11/19/20 1 8 y s a7 a 5 Exhibit A Bid• Tabulation 2018-094-WG Clean, a a Maintain and Repair,Citywide ° o ° Recirculating Fountains r 0• u- a oc co m GROUP I (Quantity X (Quantity X • Unit Price)= Unit Price)= MAINTENANCE AND CLEANING Total Total Item Fountain EstQty U/M Unit Cost Total Unit Cost Total Location Lincoln Road Mall fountain, 1 (Lincoln 156 service $ 19.23 $ 2,999.88 $ 20.32 $ 3,169.92 Rd/Lenox Avenue) Block 1000) Lincoln Road Mall fountain, 2 (Lincoln 156 service $ 26.92 $ 4,199.52 $ 20.32 $ 3,169.92 Rd/Michigan Avenue) Block 900) Lincoln Road Mall fountain, 3 (Lincoln 156 service $ 19.23 $ 2,999.88 $ 20.32 $ 3,169.92 Rd/Jefferson Avenue) (Block 800) Lincoln Road Mall fountain, 4 (Lincoln 156 service $ 19.23 $ 2,999.88 $ 20.32 $ 3,169.92 Rd/Meridian Avenue) (Block 700) Lincoln Road Mall fountain, 5 (Lincoln 156 service $ 19.23 $ 2,999.88 $ 20.32 $ 3,169.92 Rd/Euclid Avenue) (Block 600) Lincoln Road • 6 Mall fountain, 156 service $ 34.61 $ 5,399.16 $ 20.32 $ 3,169.92 Lincoln Rd/Drexel Palm Island 7 fountain,156 156 service $ 26.92 $ 4,199.52 $ 20.32 $ 3,169.92 Palm Avenue Star Island 8 fountain,12 156 service $ 19.23 $ 2,999.88 $ 10.64 $ 6,339.84 Star Island Drive 21st Street 9 fountain 21st 156 service $ 19.23 $ 2,999.88 $ 20.32 $ 3,169,92 &Alton Road. 41st Street 10 fountain 41st 156 service $ 15.38 $ 2,399.28 $ 20.32 $ 3,169.92 &Pine Tree Drive 71st Street fountain 71st 11 &Rue 156 service $ 26.92 $ 4,199.52 $ 20.32 $ 3,169.92 Vendome Drive Welcome Sign 12 fountain, 156 service $ 19.23 $ 2,999.88 $ 20.32 $ 3,169.92 71st& Biarritz Drive South Shore Community 13 Center 156 service $ 19.23 $ 2,999.88 $ 40.61 $ 6,339.84 fountain,833- 6th Street Mermaid (TOPA) 14 fountain, 156 service $ 15.38 $ 2,399.28 $ 20.32 $ 3,169.92 1700 Washington Avenue 777 Bilding fountain, 15 1701 156 service $ 19.23 $ 2,999.88 $ 20.32 $ 3,169.92 , Meridian Avenue The "Rotunda" 16 fountain, 156 service $ 34.61 $ 5,399.16 $ 20.32 $ 3,169.92 2111 Collins Avenue,East The"North" 17 fountain, 156 service $ 15.38 $ 2,399.28 $ 20.32 $ 3,169.92 2111 Collins Avenue • The"South" 18 fountain, 156 service $ 15.38 $ 2,399.28 $ 20.32 $ 3,169.92 2111 Collins Avenue Bass Museum 19 "Tranquility" 156 service $ 34.61 $ 5,399.16 $ 20.32 $ 3,169.92 fountain"- 2111 Collins Avenue N m C C LL F- cri m RS V cn a_ m a GROUP I REPAIRS Hourly Labor and Cost of Equipment and/or Materials Estimated Estimated Estimated Item Description Annual U/M Unit Cost Annual Service Unit Cost Annual Service Service Hours Hours Hours • Hourly Rate – Regular 20 (7:00 a.m.-5:00 p.m., 460 Hourly Rate $ 85.00 $39,100.00 $- 00 $ 39,100.00 Monday-Friday) Hourly Rate-Non Regular 21 (after 5:00 p.m., Monday 120 Hourly Rate $127.50 $15,300.00 $ 125.00 $ 15,000.00 –Friday,Weekends and Holidays) Group .Estimated Annual Gross Costs (Estimated (Estimated Description %of Mark-up Annual Gross %of Mark-up Annual Gross Item (Dealer Invoice Cost) Costs x% Costs x _ Mark-up) Mark-up) / Mark-up for 22 Parts and • $25,000.00 50% $ 37,500.00 50% $ 37,500.00 Supplies TOTAL $ 91,900.00 $91,600.00 * Miami Pool Tech Failed to sign Appendix E Cost Proposal Form and was deemed non-responsive. ATTACHMENT B INVITATION TO BID (ITB) AND ADDENDUMS MIAMBEACH City of Miami Beach,1755 Meridian Avenue,3rd Floor, Miami Beach,Florida 33139,www.mlamibeachfl.gov • PROCUREMENT DEPARTMENT Tel:305-673-7490. ADDENDUM NO.2 ITB 2018-094-WG. CLEAN, MAINTAIN AND REPAIR RECIRCULATING FOUNTAINS CITYWIDE October 4, 2018 This Addendum to the above-referenced ITB is issued in response to questions from prospective bidders, or other clarifications and revisions issued by the City. The ITB is amended in the following particulars only. I. REVISIONS 1. ITB DUE DATE AND TIME. Thedeadline for the receipt of bids is extended until 3:00 P.M., on Friday, October 19, 2018, at the following location. City of Miami Beach Procurement Department 1755.Meridian Avenue, 3rd Floor Miami Beach, Florida 331.39 Late bids will not be accepted. Bidders are cautioned to plan sufficient time to allow for traffic or other delays for which the Bidder is solely responsible. II. ANSWERS TO QUESTIONS RECEIVED Q1) Will the City schedule a site visit of each fountain to allow for the inspection of the fountain equipment? Al) The City will accommodate a Site Visit for South Pointe Park fountain where access to pump equipment must be provided by the City. A recommended site visit will be conducted Thursday, October 11, 2018 at 1:30PM. Located at South Pointe Park, 1 Washington Avenue, Miami Beach, Fl.33139. 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 a(�miamibeachfi.gov. Procurement Contact: Telephone: Email:. William Garviso 305-673-7000, ext. 6650 WilliamGarviso@miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your ITB submission. SAT;I y /et • ' Alex Denis Procurement Director 1 i ADDENDUM NO.2 ITB 2018-094-WG Clean,Maintain and Repair Recirculating Fountains Citywide 1 MIAMIBEACH E City of Miami Beach,1755 Meridian Avenue,3,d Floor, Miami Beach,Florida 33139,www.miamibeachfl.gov PROCUREMENT DEPARTMENT Tel:305-673-7490. ADDENDUM NO, 1 ITB 2018-094-WG CLEAN, MAINTAIN AND REPAIR RECIRCULATING.FOUNTAINS CITYWIDE September 24, 2018 . I This Addendum to the above-referenced ITB is issued in response to questions from prospective bidders, or other clarifications and revisions issued by the City. The ITB is amended in the following particulars only. I. REVISIONS 1. ITB DUE DATE AND TIME. The deadline for the receipt of bids is extended until 3:00 P.M., on Friday, October 12, 2018, at the following location. City of Miami Beach • Procurement Department 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Late bids will not be accepted. Bidders are cautioned to plan sufficient time to allow for traffic or other delays for which the Bidder is solely responsible. 2. Revise Appendix C, Minimum Requirements & Specifications Paragraph C3.1(4) as follows: Clean all filters at a minimum once per week during each visit, replace as needed. II. ANSWERS TO QUESTIONS RECEIVED Q1) Will the City consider cleaning the filters weekly instead of during each visit? (C3.1) Al) Yes. Please refer to Revision 2 above. Q2) Will the City consider performing water quality tests at each visit instead of weekly? (C3.1)? A2) No changes to this requirement are made at this time. ;;ADDENDUM N0.1 ITB 2018-094-WG Clean,Maintain and Repair Recirculating Fountains Citywide 1 Q3) Can the City further define what is expected from the required Portable Filtration System? (C3.5) The response may affect bullet 7. A3) The portable filtration system must be able to service fountains without dedicated vacuum lines and accessshallow areas. ' 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.ciov. Procurement Telephone: Email: Contact: 305-673-7000, ext. WilliamGarviso@miamibeachfl.g. William Garviso 6650 ov Proposers are reminded to acknowledge receipt of this addendum as part of your ITB submission. Sin ely, Alex Deni Pro ment Director J f . 1 2 ADDENDUM NO.1 ITB 2018-094-WO Clean,Maintain and Repair Recirculating Fountains Citywide 2 INVITATION TO BID ( ITB Clean, Maintain and Repair Recirculating Fountains Citywide 2018-094-WG BID ISSUANCE DATE: AUGUST 21, 2018 BID DUE: SEPTEMBER 25, 2018 @ 3:00 PM ISSUED BY: MIAMI BEAC H William Garviso, Procurement Contracting Officer II PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3`d Floor, Miami Beach, FL 33139 305.673.7000 x 6650 I WilliamGarviso@miamibeachfl.gov I www.miamibeachfl.gov ' 1 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 16 APPENDICES: APPENDIX A PROPOSAL CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS 17 APPENDIX B "NO BID" FORM 24 APPENDIX C MINIMUM REQUIREMENTS &SPECIFICATIONS 26 APPENDIX D SPECIAL CONDITIONS 35 APPENDIX E COST PROPOSAL FORM 39 APPENDIX F INSURANCE REQUIREMENTS 43 ITB 2018-094-WG 2 MIAMI 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.Dublicpurchase.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 all labor, equipment, supplies, chemicals, and materials necessary to perform on-going cleaning, maintenance and repairs of re-circulating fountains located within the City of Miami Beach (the "City") for the Department of Property Management in accordance with the prescribed specifications and requirements. On September 14, 2014, the Mayor and City Commission approved the award of contract ITB 2014-159-WG for Maintenance and Repair of City Wide Fountains. The term of'the contract was for three (3) years with the City option to renew for two (2) additional one (1)year periods, currently scheduled to expire October 15, 2018. • The Property Management Department has an estimated annual budget of$68,000.00 for this project. 3.SOLICITATION TIMETABLE.The tentative schedule for this solicitation is as follows: ITB Issued August 21, 2018 Pre-Bid Meeting September 4, 2018 @ 10:00AM Deadline for Receipt of Questions September 17, 2018 @ 5:00PM Responses Due September 25, 2018 @ 3:0OPM Tentative Commission Approval Authorizing Award TBD 4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact noted below: 1 Procurement Contact: Telephone: Email: William Garviso, CPPB 305 673-7000#6650 WilliamGarviso• miamibeachfl.•ov Additionally, the City Clerk is to be copied on all communications via e-mail at: RafaelGranado anmiamibeachfl.Qov; or via facsimile: 786-394-4188. { • ITB 2018-094—WG 3 MIAMI BEACH The Bid title/number shall be referenced on all correspondence. All questions or requests for clarification must be received no later than ten(10)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. 4. 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 will be held as scheduled in Solicitation Timeline above at the following address: City of Miami Beach Procurement Department Conference Room 1755 Meridian Avenue,3rd Floor 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: 5804578 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. 5.'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. 6. 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&statelD=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 procurement process 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. 7. 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://www.miamibeachfl.gov/city-hall/procurement/procurement-related-ordinance-and-procedures/ • 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 ITB 2018-094—WG ' 4 MIAMI BEACH • ,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 • 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 8. 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. 9. 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. 10. 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. 11. JOINT VENTURES. Joint Ventures are not allowed. The City will only contract with the prime contractor. Proposals may, however, identify other sub-contractors or sub-consultants to the prime contractor. . 12. 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 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. ITB 2018-094-WG 5 MIAMI BEACH 13. 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. 14. 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 recommendation(s) 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. 15. MULTIPLE AWARD. The City may award two or more vendors (primary, secondary, 'tertiary, or higher), as available, by line item, by group or in its entirety, beginning with lowest, responsive, responsible bidder (primary), followed by the second lowest, responsive, responsible bidder (secondary), and continuing with other responsive, responsible bidders in order of next best cost. The City will endeavor to utilize vendors in order of award. However, the City may utilize other vendors inthe 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. 16. 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, theorder 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. 17. 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. 18. 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 2018-094-WG 6 MIAMI BEACH 19. 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 Procurement Department prior to award of the Bid by the Mayor and City Commission. - 20. 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. 21.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). 22. NON-DISCRIMINATION. The Proposer certifies that it 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. In accordance with the City's Human Rights Ordinance, codified in Chapter 62 of the City Code, Proposer shall prohibit discrimination by reason of race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, and age or disability. 23. 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. 24. 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. 25. 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. 26. BILLING INSTRUCTIONS. Invoices, unless otherwise indicated, must show purchase order numbers and shall be submitted to the ordering City department. ITB 2018-094-WG 7 MIAMI BEACH 27. 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, 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. 28. 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. 29. 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 seven (7)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 Appendix A, No. 14 Acknowledgement of Addendum. 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 Procurement Department, 1755 Meridian Avenue, 3rd Floor, Miami Beach, FL 33139 with a copy to the City Clerk. 30. 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. 31. 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 rthe 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. ITB 2018-094—WG 8 MIAMI BEACH • 32. 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. 33. 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 8:30 A.M. to 4:00 P.M. 34. 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. 35. 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. 36. 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. ITB 2018-094-WG 9 MIAMI BEACH 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. 37. NOT USED. 38. 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. 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 responseto 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 ITB 2018-094-WG 10 MIAMI BEACH 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 119.07(1), 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 (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. ITB 2018-094-WG 11 • (MIAMI BEACH 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. 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. MODIFICATIONIWITHDRAWALS 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. ITB 2018-094-WG 12 MIAMI BEACH 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, 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 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 disabilitymust 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 Department, 1755 Meridian Avenue, 3rd Floor, 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 ITB a018-094-WG 13 MIAMI BEACH 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. 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 Manager's 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 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. ITB 2018-094-WG 14 • MIAMI BEACH 72. ADDITIONAL ITEMS I SERVICES. Although this solicitation and resultant contract identifies specific goods, services or facilities ("items"), it is hereby agreed and understood that the City may require additional items to be added to the Contract which are ancillary or supplemental to the items specified herein and required to complete the work. When additional items are required to be added to the Contract, awarded vendor(s), as applicable to the item being requested, under this contract may be invited to submit price quote(s) for the additional items. If these quote(s).are determined to be fair and reasonable, then the additional items will be awarded to the current contract vendor(s) through either a Purchase Order(or Change Order if Purchase Order already exists) or an amendment to the Contract. Additional items with a cumulative value of$50,000 or less may be approved by the City Manager. City Commission approval is required for additional items with a cumulative value greater than $50,000. The City may determine to obtain price quotes for the additional items from other vendors in the event that fair and reasonable pricing is not obtained from the current contract vendors, or for other reasons at the City's discretion. ITB 2018-094-WG /15 MIAMI BEACH SECTION 0300 PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMAT 1. SEALED BIDS. One 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 three (3) calendar days upon request from 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 Cost Proposal Form (Appendix E). The Cost Proposal Form (Appendix E) shall be completed mechanically or, if manually, in ink. Cost Proposal Forms submitted in pencil shall be deemed non- responsive. All corrections on the Cost Proposal Form shall be initialed. FAILURE TO SUBMIT THE MOST RECENT COST PROPOSAL FORM (EITHER INCLUDED IN THE ORIGINAL ITB OR RELEASED VIA AN ADDENDUM) MAY RESULT IN BID BEING DEEMED NOT RESPONSIVE.AND NOT BEING FURTHER CONSIDERED. • TAB 2-Bid Certification, Questionnaire and Affidavits(Appendix A). The City reserves the right to request any documentation omitted,with exception of the Cost Proposal Form (Appendix E), Proposal Certification, Questionnaire&Requirements Affidavit(Appendix A), and Bid Bond (if applicable). Bid Submittals received that do not include the Cost Proposal Form, completed as required and fully executed, or Bid Bond (if applicable) shall be deemed non-responsive. Bidder must submit any omitted documentation within three (3) business days upon request from the City, or the bid may be deemed non- responsive. Non-responsive bid packages will receive no further consideration. 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 2018-094-WG 16 APPENDIX "A" AA AY Proposal Certification , Questionnaire & Requirements Affidavit 2018-094-WG Clean, Maintain and Repair Re- circulating Fountains Citywide PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2018-094-WG 17 Solicitation No: Solicitation Title: 2018-094-WG Clean, Maintain and Repair Re-circulating Fountains Citywide Procurement Contact Tel: Email: William Garviso, CPPB (305)673-7000#6650 WilliamGarviso@miamibeachfl.gov • PROPOSAL 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 Proposal Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proposer Information. FIRM NAME: NO.OF YEARS IN BUSINESS: NO.OF YEARS IN BUSINESS LOCALLY: NO.OF EMPLOYEES: 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 inaccordance with contract requirements. ITB 2018-094—WG 18 1. Veteran Owned Business.Is Pro oser claiming a veteran 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. 2. Financial Capacity. When requested by the City, 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:lsupplierportal.dnb.comlwebapplwcslstoreslservletlSupolierPortal?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 three(3)days of request. 3. 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 4. 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. 5. Suspension,Debarment or Contract Cancellation. Has Proposer ever been debarred, suspended or other legal violation, or had a contract cancelled due to non- erformance by an ublic 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). 6. 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. 7. 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 Department 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 http://www.miamibeachfl.qov/city-halIIprocurement/procurement-related-ordinance-and-procedures/ ITB 2018-094—WG 19 8. Living Wage. Pursuant to Section 2-408 of the City of Miami Beach Code, as same may be amended from time to time, covered employees shall be paid the required living wage rates listed below: 1. Effective January 1,2018,covered employees must be paid a living wage rate of no less than$11.62 per hour with health care benefits of at least$2.26 per hour,or a living wage rate of no less than$13.88 per hour without health care benefits. 2. Effective January 1,2019,covered employees must be paid a living wage rate of no less than$11.70 per hour with health ' care benefits of at least$2.74 per hour,or a living wage rate of no less than$14.44 per hour without health care benefits. 3. Effective January 1,2020,covered employees must be paid a living wage rate of no less than$11.78 per hour with health • care benefits of at least$3.22 per hour,or a living wage rate of no lessfthan$15.00 per hour without health care 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 http://www.miamibeachfl.aovlcity-hall/procurementlorocurement-related-ordinance-and-procedures/ SUBMITTAL REQUIREMENT:No additional submittal is required.By virtue of executing this affidavit document,Proposer agrees to the living wage requirement.Any payroll request made by the City during the contract term shall be completed electronically via the City's electronic compliance portal,LCP Tracker(LCPTracker.net). 9. 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, whoare.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. 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 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 http://www.miamibeachfl.gov/city-hall/orocurement/procurement-related-ordinance-and- procedures/ • ITB 2018-094—WG 20 10. 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. 11. Non-Discrimination. Pursuant to City Ordinance No.2016-3990,the City shall not enter into a contract with a business unless the business represents that it does not and will not engage in a boycott as defined in Section 2-375(a)of the City Code, including the blacklisting, divesting from, or otherwise refusing to deal with a person or entity when such action is based on race, color, national origin,religion,sex,intersexuality,gender identity,sexual orientation,marital or familial status,age or disability. SUBMITTAL REQUIREMENT:No additional submittal is required. By virtue of executing this affidavit document,Proposer agrees it is and shall remain in full compliance with Section 2-375 of the City of Miami Beach City Code. .12. Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi.Pursuant to Resolution 2016-29375,the City of Miami Beach, Florida,prohibits official City travel to the states of North Carolina and Mississippi,as well as the purchase of goods or services sourced in North Carolina and Mississippi. Proposer shall agree that no travel shall occur on behalf of the City to North Carolina or Mississippi, nor shall any product or services it provides to the City be sourced from these states. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Resolution 2016-29375. 13. Fair Chance Requirement. Pursuant to Section 2-376 of the City Code;the City shall not enter into any contract resulting from a • competitive solicitation,unless the proposer certifies in writing that the business has adopted and employs written policies,practices, and standards that are consistent with the City's Fair Chance Ordinance,set forth in Article V of Chapter 62 of the City Code("Fair Chance Ordinance"), and which, among other things, (i) prohibits City contractors, as an employer, from inquiring about an applicant's criminal history until the applicant is given a conditional offer of employment; (ii) prohibits advertising of employment positions with a statement that an individual with a criminal record may not apply for the position, and (iii) prohibits placing a statement on an employment application that a person with a criminal record may not apply for the position. SUBMITTAL REQUIREMENT:No additional submittal is required at this time. By virtue of executing this affidavit, Proposer certifies that it has adopted policies, practices and standards consistent with the City's Fair Chance Ordinance. Proposer agrees to provide the City with supporting documentation evidencing its compliance upon request. Proposer further agrees that any breach of the representations made herein shall constitute a material breach of contract,and shall entitle the City to the immediate termination for cause of the agreement,in addition to any damages that may be available at law and in equity. 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 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 2018-094—WG 21 DISCLOSURE AND DISCLAIMER SECTION 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 2018-094—WG 22 PROPOSER CERTIFICATION 1 I hereby certify that: I, as an authorized agent of the Proposer, am submitting the following information as my firm's proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this 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 Proposer's Authorized Representative: Signature of Proposers 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 2018-094-WG 23 APPENDIX B M AM :IP. ,_ t H " No Bid " Form • 2018-094-WG Clean, Maintain and Repair Re- circulating Fountains Citywide • PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Note: rt is important for, those vendors who have received notification of this solicitation; but have decided not to respond, to complete and submit the attached "Statement of No Bid." The "Statement of No Bid" provides tie City with, infor-mcttiorc on how to improve the solicitation process. Failure to submit a.4.Statement Of No Bid" may result in not being notified of future solicitations by the City.. ITB 2018-094-WG 24 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 PROCUREMENT DEPARTMENT ATTN: William Garviso, CPPB PROPOSAL#2018-094-WG 1755 MERIDIAN AVENUE, 3`d FLOOR MIAMI BEACH, FL 33139 ITB 2018-094-WG 25 APPENDIX C t\A AM 1 AC : F Minimum Requirements & Specifications 2018-094-WG Clean, Maintain and Repair Re- circulating Fountains Citywide PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2018-094-WG 26 Cl. Minimum Eligibility Requirements. Intentionally omitted. C2. Statement of Work Required. Contractor shall provide all labor, equipment, supplies, chemicals, and materials necessary to perform on-going cleaning, maintenance and repairs of the City's re-circulating fountains, The City's current listings of fountains are as follows: 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. Although this solicitation and resultant contract identifies specific facilities to be serviced, it is hereby agreed and understood that additional fountains may be added to this contract at the option of the City. When required by the pricing structure of the contract, vendor(s) under this contract shall be invited to submit price quotes for these additional fountains. If these quotes are determined to be fair and reasonable, then the additional work will be awarded to the current contract vendor(s)that offers the lowest acceptable pricing. The City may determine to obtain price quotes for the additional facilities from other vendors in the event that fair and reasonable pricing is not obtained from the current contract vendors, or for other reasons at the City's discretion. Pictures of the fountains are provided as attachment files on Publicpurchase.com Group I • Lincoln Road Mall fountain, (Lincoln Rd/Lenox Avenue) (Block 1000) • Lincoln Road Mall fountain, (Lincoln Rd/Michigan Avenue) (Block 900) • Lincoln Road Mall fountain, (Lincoln Rd/Jefferson Avenue) (Block 800) • Lincoln Road Mall fountain, (Lincoln Rd/Meridian Avenue) (Block 700) • Lincoln Road Mall fountain, (Lincoln Rd/Euclid Avenue)(Block 600) • Lincoln Road Mall fountain, Lincoln Rd/Drexel Avenue(Block 500) • Palm Island fountain, 156 Palm Avenue • Star Island fountain, 12 Star Island Drive (Consists of two individual structures) • 21st Street fountain, 21st&Alton Road • 41StStreet fountain, 41st&Pine Tree Drive • 71st Street fountain, 71st& Rue Vendome Drive • Welcome Sign fountain, 71st& Biarritz Drive • South Shore Community Center fountain, 833- 6th Street (Consists of two individual structures). • Mermaid (TOPA)fountain, 1700 Washington Avenue • 777 Building fountain, 1701 Meridian Avenue • The"Rotunda"fountain, 2111 Collins Avenue • The"North"fountain, 2111 Collins Avenue ITB 2018-094-WG 27 • The "South"fountain, 2111 Collins Avenue • Bass Museum "Tranquility"fountain, 2111 Collins Avenue Group II • South Pointe Park fountain (1 Washington Avenue) C3. Specifications C3.1 MAINTENANCE AND CLEANING All fountains shall be cleaned ata minimum of three (3) times per week unless otherwise requested by the City. The City reserves the right to increase or decrease cleaning frequency on an as needed basis. Cleaning services shall include, but not be 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. I 4. Cleaning all filters during each visit, replace as needed. 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 test 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, but not limited to, water quality parameters and 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, at 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 ITB 2018-094-WG 28 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 Safety Data Sheet (SDS) for each chemical utilized at each fountain site. The quantity of each chemical used at each fountain site during scheduled cleaning will also be provided. 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. C3.2 CHEMICAL SERVICES (Applicable to Group I Fountains only) 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. SOUTH POINTE PARK FOUNTAIN (Applicable to Group II South Pointe Park Fountain only) South Pointe Park Fountain Service Requirements: • The Contractor must maintain four (4) overflow/infinity Water Fountains 3 times per week • The Contractor must maintain four(4)sets of Misting Cannons 3 times per week • Clean out base grating of misting cannon • Changing the oil in fog pump every two(2) Months • Inspect filters as needed for supply water on the Reverse Osmosis. System fog pump Check • Inspect osmosis filters annually • Inspect the entire system & nozzles for performance and leaks, clean out cannon openings as needed. • Brine Tank/ Softner- The tank capacity is 400LBS. Salt will need to be added to the brine tank weekly in amounts as needed. The following Paragraphs apply to both Groups I and II (C3.3 thru C3.8) C3.3 LEAK TESTS!DETECTION Contractor must be able to perform and may be asked to check any fountain for leaks, upon City's approval and on an as needed basis. Leak Test/Detection shall be billed on an ITB 2018-094-WG 29 hourly basis plus the cost of materials with mark-up as required by Bid Tender Form. Bidders are required to submit a copy of invoice(s)for supplies and parts purchased for the leak detection at the time of invoicing the City for the purpose of verification of mark-up charges. C3.4 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. 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. Safety Data Sheet, 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 ITB 2018-094--WG 30 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. C3.5 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 (7:00 a.m. - 5:00 p.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 5:00 p.m., Monday — Friday, weekends, holidays); the Contractor is required, after initial notification from City Representative, to contact City Representative within two (2) hours, and at the site to correct the problem within an additional 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, of 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. ITB 2018-094-WG 31 1 ' • 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. • 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. C3.6 TEMPORARY TRAFFIC,CONTROL To protect persons from injury and to avoid property damage, adequate barricades, ITB 2018-094-WG 32 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. C3.7 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. The Contractor shall provide sufficient personnel to accomplish all maintenance and repairs required by the City in accordance with the specifications. C3.8 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 ITB 2018-094-WG 33 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. ITB 2018-094-WG 34 APPENDIX D A Am ' BE Special Conditions 2018-094-WG Clean, Maintain and Repair Re- circulating Fountains Citywide PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2018-094-WG 35 1. TERM OF CONTRACT. This contract will commence on upon receipt of a fully executed agreement, and contingent upon the completion and submittal of all required bid documents. This contract shall remain in effect for three (3) years; provided that the services rendered by the/Bidder during the contract period are satisfactory and that City funding is available as appropriated on an annual basis and upon completion of the expressed and/or implied warranty period. 2. OPTIONS TO RENEW. The initial contract prices resultant from this solicitation shall prevail for a three (3) year(s) period from the contract's initial effective date. Prior to,,or upon completion, of that initial term, the City shall have the option to renew this contract for an additional two (2) year(s) period on a year-to-year basis. Prior to completion of each exercised contract term, the City may consider an adjustment to price based on changes in the following pricing index: Consumer Price Index, All Urban Consumers within the Miami/Ft. Lauderdale area. It is the vendor's responsibility to request any pricing adjustment under this provision. For any adjustment to commence on the first day of any exercised option period, the vendor's request for adjustment should be submitted 90 days prior to expiration of the then current contract term. The vendor adjustment request should not be in excess of the relevant pricing index change. If no adjustment request is received from the vendor, the City will assume that the vendor has agreed that the optional term may be exercised without pricing adjustment. Any adjustment request received after the commencement of a new option period may not be considered. The City reserves the right to,negotiate lower pricing for the additional term(s) based on market research information or other factors that influence price. The City reserves the right to apply any reduction in pricing for the additional term(s) based on the downward movement of the applicable index: The City reserves the right to reject any price adjustments submitted by the vendor and/or to not exercise any otherwise available option period based on such price adjustments. Continuation of the contract beyond the initial period, and any option subsequently exercised, is a City prerogative, and not a right of the vendor. This prerogative will be exercised only when such continuation is clearly in the best interest of the City. LICENSES. The vendor shall Obtain and pay for all applicable licenses required for this project; and shall comply with all laws, ordinances, regulations and building code requirements applicable to the work contemplated herein. Damages, penalties and or fines imposed on the City or the vendor for failure to obtain required licenses shall be borne by the vendor. 4. INSPECTION OF EQUIPMENT. Prior to submitting its offer is it advisable that the vendor inspect the equipment and become familiar with any conditions which may in any manner affect the service to be performed or affect the equipment, materials and labor required. In accordance with these inspections, the vendor shall make a field survey of the equipment to be maintained and ITB 2018-094-WG 36 submit an itemized list and program of corrections and/or repairs to bring the equipment to a safe and proper condition. The cost of these improvements shall be submitted with the vendor's initial offer as a separate item. If the vendor fails to submit this cost, no additional allowances will be made because of lack of knowledge of these conditions. Vendors,are advised that all site visits and inquiries during the bidding period are subject to the Cone of Silence. 5. LABOR, MATERIALS AND EQUIPMENT SHALL BE SUPPLIED BY THE VENDOR. Unless otherwise provided in the Technical Specifications Section, of this solicitation, the vendor shall-furnish all labor, material and equipment necessary for satisfactory contract performance. When not specifically identified in the technical specifications, such ma- terials and equipment shall be of a suitable type and grade for the purpose. All material, workmanship, and,equipment shall be subject to the inspection and approval of the City's Project Manager. 6. WORK ACCEPTANCE. This project will be inspected by an authorized representative of the City. This inspection' shall be performed to determine acceptance of work, appropriate invoicing, and warranty conditions. 7. DEFICIENCIES IN WORK. The vendor shall promptly correct all apparent and latent deficiencies and/or defects in work, and/or any work that fails to conform to the contract documents regardless of project completion status. All corrections shall be made within one (1) calendar day after such rejected defects, deficiencies, and/or non-conformances are verbally reported to the vendor by the City's project administrator, who may confirm all such verbal reports in writing. The vendor shall bear all costs of correcting such rejected work. If the vendor fails to correct the work within the period specified, the City may, at its discretion, notify the vendor, in writing, that the vendor is subject to contractual default provisions if the corrections are not completed to the satisfaction of the City within one (1) calendar day of receipt of the notice. If the vendor fails to correct the work within the period specified in the notice, the City shall place the vendor in default, obtain the services of another vendor to correct the deficiencies, and charge the incumbent vendor for these costs; either through a deduction from the final payment owed to the vendor or through invoicing. If the vendor fails to honor this invoice or credit memo, the City may terminate the contract for default. 8. ROADMAP FOR PROJECTS AWARDED ON A TIME AND MATERIALS BASIS. The City may award work on a time and materials basis in accordance with hourly rates and administrative mark-ups offered. The Project Manager shall select the contractor deemed to be best qualified for the project. In doing so, the criteria specified in Section 2- 369 of the City Code may be considered.In the event that the contractor with the lowest cost is not selected, the reason(s)shall be documented on the purchase requisition. 8.1 Purchase Orders are required for all work. All invoices shall reflect the accurate Purchase Order number. Failure to do so will result in rejection of invoice. 8.2 Work Day. For billing purposes, regular working hours are from 7:00 a.m. to 5:00 p.m., Monday through Friday. Calls outside these hours and days will be-considered non- ITB 2018-094-WG 37 regular. Work outside of regular working hours must be previously authorized by the City. 8.3 Administrative Mark-up for Parts and Materials. For parts and materials ordered, under this option, vendors shall provide quotes or invoice, as determined by the Contract Manager, based on the cost of parts and materials plus the agreed to mark-up. In determining cost of materials to which the mark-up may be applied, the contracting officer may: i. require the vendor to provide actual cost of parts and materials (e.g., contractor's invoice, MSRP, etc.) prior to the issuance of a Purchase Order or approval of an invoice; or ii. may require the vendor to seek and document competition from its sources for the required parts or materials; or iii. may obtain any data are available from primary or other secondary sources and use that data in determining a fair and reasonable price. The cost of any ancillary third-party services that are provided by the vendor, with prior approval of the Contract Manager, may be determined in the manner prescribed above. ITB 2018-094-WG 38 APPENDIX E /0 t Ac Cost Proposal Form 2018-094-WG Clean, Maintain and Repair Re- circulating Fountains Citywide PROCUREMENT DEPARTMENT • 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2018-094-WG 39 APPENDIX E COST PROPOSAL FORM Failure to submit Appendix E, Cost Proposal Form, in its entirety and fully executed by the deadline established for the receipt of proposals will result in proposal being deemed non-responsive and being rejected. 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 Cost Proposal Form (Appendix E) shall be completed mechanically or, if manually, in ink. Cost Proposal Forms (Appendix E) completed in pencil shall be deemed non-responsive. All corrections on the Cost Proposal Form (Appendix E)shall be initialed. GROUP I (Quantity X Unit MAINTENANCE AND CLEANING Price)=Total Item - Fountain Location Qty U/M Unit Cost Total 1 Lincoln Road Mall fountain, (Lincoln Rd/Lenox Avenue) 156 service $ $ Block 1000) Lincoln Road Mall fountain, (Lincoln Rd/Michigan 156 service $ $ 2 Avenue)Block 900) Lincoln Road Mall fountain, (Lincoln Rd/Jefferson 156 service $ $ 3 Avenue)(Block 800) Lincoln Road Mall fountain, (Lincoln Rd/Meridian 156 service $ $ 4 Avenue)(Block 700) Lincoln Road Mall fountain, (Lincoln Rd/Euclid Avenue) 156 service $ $ 5 (Block 600) Lincoln Road Mall fountain, Lincoln Rd/Drexel Avenue 156 service $ $ 6 (Block 500) 7 Palm Island fountain, 156 Palm Avenue 156 service $ $ 8 Star Island fountain, 12.Star Island Drive . 156 service $ $ 9 21st Street fountain 21st&Alton Road. 156 service $ $ 10 41st Street fountain 41st&Pine Tree Drive 156 service $ $ 11 71st Street fountain 71st&Rue Vendome Drive 156 service $ $ 12 Welcome Sign fountain,71st&Biarritz Drive 156 service $ $ 13 South Shore Community Center fountain, 833-6th Street 156 service $ $ 14 Mermaid(TOPA)fountain, 1700 Washington Avenue 156 service $ $ 15 777 Building fountain, 1701 Meridian Avenue 156 service $ $ 16 The"Rotunda"fountain,2111 Collins Avenue, East 156 service $ $ 17 The"North"fountain,2111 Collins Avenue 156 service $ $ 18 The"South"fountain,2111 Collins Avenue 156 service $ $ Bass Museum"Tranquility"fountain"2111 Collins 156 service $ $ 19 Avenue ITB 2018-094—WG 40 GROUP I REPAIRS Hourly Labor and Cost of Equipment and/or Materials Estimated (Est. Annual Annual service Service Item Description hours U/M Unit Cost Hours x Hourly Rate -- Regular (7:00 a.m.- Hourly 20 5:00 p.m., Monday-Friday) 460 Rate $ $ Hourly Rate-Non Regular(after 5:00 Hourly Monday—Friday,Weekends 120 $ $ 21 and Holidays) Rate • Sub Total Labor(Items 20+21) Total $ Group Estimated Annual Gross Costs (EstimatedGross Annual Item Description (Dealer Invoice Cost) %of Mark-up Costs x% Mark-up) 22 Mark-up for,Parts and Supplies $25,000.00 % $ • Subtotal Materials(Item 22) Total$ Total = (Items 20+21+22) Total $ Bidder's Affirmation Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: ITB 2018-094—WG 41 GROUP II (Quantity X Unit Price)= MAINTENANCE AND CLEANING Total Item Fountain Location Qty U/M Unit Cost Total 1 South Pointe Park(1 Washington Avenue) 156 service $ $ Sub-Total = (Item 1) Sub-Total $ GROUP II REPAIRS Hourly Labor and Cost of Equipment and/or Materials Estimated (Est.Annual Annual Service service Hours x Unit Item Description hours U/M Unit Cost Cost)=Total Hourly Rate -- Regular (7:00 a.m.- Hourly 2 5:00 p.m., Monday-Friday) 40 Rate $ $ Hourly Rate-Non Regular(after 5:00 p.m., Monday-Friday,Weekends 10 Hourly $ 3 and Holidays) Rate Sub Total Labor(Items 2+3) Total $ (Estimated Annual Group Estimated Annual Gross Costs Gross Item Description • (Dealer Invoice Cost) %of Mark-up Costs x%Mark-up) 4 Mark-up for Parts and Supplies $5,000.00 % $ Subtotal Materials(Item 23) Total$ Sub-Total = (Items 2+3+4) Sub-Total Grand Total GROUP II -Grand Total Items 1 through 4 $ Bidder's Affirmation Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: ITB 2018-094-WG 42 APPENDIX F M I AM 1 B AC : - e, Insurance Requirements 2018-094—WG Clean, Maintain and Repair Re- circulating Fountains Citywide PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2018-094-WG 43 MIAMI BEACH - INSURANCE REQUIREMENTS This document sets forth the minimum levels of insurance that the contractor is required to maintain throughout the term of the contract and any renewal periods. XXX 1. Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida. XXX 2. Comprehensive General Liability (occurrence form), limits of liability $ 1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements"of specifications). XXX 3. Automobile Liability-$1,000,000 each occurrence-owned/non-owned/hired automobiles included. 4. Excess Liability-$ .00 per occurrence to follow the primary coverages. XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: • Builders Risk completed value $ .00 Liquor Liability $ .00 Fire Legal Liability $ .00 Protection and Indemnity $ .00 Employee Dishonesty Bond $ .00 Other $ .00 XXX 7. Thirty(30) days written cancellation notice required. XXX 8. Best's guide rating B+:VI or better, latest edition. XXX 9. The certificate must state the proposal number and title 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 2018-094-WG 44 ATTACHMENT C CONSULTANTS RESPONSE TO THE (ITB) Detail by FEI/EIN Number Page 1 of 2 Florida Department of State DIVISION OF CORPORATIONS -Ds YJ I irl /a .xorg C( .vP .rl ' r !n a fi illi L':Ole''.f Fti+riit(1 ui_i.t.i!t Department of State / Division of Corporations / Search Records / Detail By Document Number/ Detail by FEI/EIN Number Florida Profit Corporation BEACH RESORT SERVICES INC. Filing Information Document Number P10000096605 FEI/EIN Number 27-4357439 Date Filed 11/29/2010 Effective Date 01/01/2011 State FL ' Status ACTIVE Principal Address 2172 NW 26th avenue MIAMI, FL 33142 Changed:01/06/2014 Mailing Address 20125 Skokie Dr MIAMI, FL 33015 Changed: 03/30/2015 Registered Agent Name&Address TORRES, MICHAEL J • 20125 Skokie Dr MIAMI, FL 33015 Address Changed:03/30/2015 Officer/Director Detail Name&Address Title P TORRES, MICHAEL J 20125 Skokie Dr MIAMI, FL 33015 Title VP TORRES,ANGELA M • http://search.sunbiz.org/Inquiry/CorporationSearch/S earchResultDetail?inq... 11/19/2018 Detail by FEI/EIN Number Page 2 of 2 20125 Skokie Dr MIAMI, FL 33015 Annual Reports Report Year Filed Date 2016 02/18/2016 2017 03/15/2017 2018 03/08/2018 Document Images 03/08/2018—ANNUAL REPORT View image in PDF format 03/15/2017—ANNUAL REPORT View image in PDF format 02/18/2016—ANNUAL REPORT View image in PDF format 03/30/2015—ANNUAL REPORT View image in PDF format 01/06/2014—ANNUAL REPORT View image in PDF format 03/27/2013—ANNUAL REPORT View image in PDF format 04/13/2012—ANNUAL REPORT - View image in PDF format 11/29/2010—Domestic Profit View image in PDF format • Florida.Department of State,Division of Corporations • http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inq... 11/19/20 1 8 sunbiz.org - Florida Department of State Page 1 of 1 Florida Department of State DIVISION OF CORPORATIONS IV/EIOf'i O :sort g l ' r r 11 rt f3A C'77ffirl!_;!ai'i/171,,r/di! _i�3lr Previous on List Next on List Return to List Filing History Fictitious Name Detail Fictitious Name BRS POOL SPA FOUNTAIN Filing Information • Registration Number G12000102278 Status ACTIVE Filed Date 10/19/2012 Expiration Date 12/31/2022 Current Owners 1 County MULTIPLE Total Pages 3 Events Filed 2 FEI/EIN Number NONE Mailing Address 2172 N.W.26TH.AVE. • • MIAMI,FL 33142 Owner Information BEACH RESORT SERVICES INC 2172 N.W.26TH.AVE. MIAMI,FL 33142 FEI/EIN Number:27-4357439 Document Number:P100.00096605 Document Images 10/19/2012—Fictitious Name Filing View image in PDF format 12/14/2017—Fictitious Name Renewal Filing View image in PDF format • 04/07/2014--CHANGE NAME/ADDRESS View image in PDF format Previous.on List Next on List Return to List Filing History • Florida Department of State,Division of Corporations http://dos.sunbiz.org/scripts/ficidet.exe?action=DETFEI&docnum=G 1200... 11/19/2018 APPENDIX "A" fir '• Proposal Certification , Questionnaire & Requirements Affidavit 2018-094-WG Clean, Maintain and Repair Re- circulating Fountains Citywide PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2018-094-WG 17 Solicitation No: Solicitation Title: 2018-094-WG Clean,Maintain and Repair Re-circulating Fountains Citywide Prorocurement Contact Tel: Email: William Garviso,CPPB (305)673-7000#6650 WilliamGarviso@miamibeachfl.gov , PROPOSAL 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 Proposal Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proposer Information. FIRM NAME:t1 • tO-&h flrA Se r\ACeS 1 nC. Dis loo` Sivo 4%(r) NO.OF YEARS IN BUSINESS: 8 NO.OF YEARS IN BUSINESS LOCALLY: NO.OFMIo0YEES: OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: (� FIRM PRIMARY ADDRESS(HEADQUARTERS): n 1 2 ., 2,(011.12,(011.1a v� CITY: in la i o� STATE ZIP CODE: 33 Ili Z• TELEPHONE NO.: 305� �3 1 b 0O TOLL FREE NO.: J J t/`� FAX NO.: 305 1Q 33 . 1303 FIRM LOCAL ADDRESS: 2 1 -7 Zi ` �W Z(4,41'` a.VC ry CITY: (G M( c \ . STATE: ZIP CODE lr 31 t4 Z PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: M.tc,hael To r(es ACCOUNT REP TELEPHONE NO.: 30S • 53 ACCOUNT REP TOLL FREE NO.: 3OS 11(,3 ' 1;00 ACCOUNT REP EMAIL: fYl � Ira S h rs- pools . W(n FEDERAL TAX IDENTIFICATION NO.: �—j. 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 2018-094-WG 18 1. Veteran Owned Business.Is Pro oser claiming a veteran owned business status? YES NQ 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. 2. Financial Capacity. When requested by the City, 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.comlwebapplwcs/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, with bid or within three(3)days of request 3. 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 4. 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. 5. Suspension,Debarment or Contract Cancellation.Has Proposer ever been debarred,suspended or other legal violation,or had a contract cancelled due to non erformance by any.public 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). 6. 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. 7. 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 Department with its proposallresponse 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, 'tet available at http://www.miamibeachfl.qov/city-hal�procurementlprocurement-related-ordinance-and-procedures! ITB 2018-094—WG 19 8. Living Wage.Pursuant to Section 2408 of the City of Miami Beach Code,as same may be amended from time to time, covered employees shall be paid the required living wage rates listed below: 1. Effective January 1,2018,covered employees must be paid a living wage rate of no less than$11.62 per hour with health care benefits of at least$2.26 per hour,or a living wage rate of no less than$13.88 per hour without health care benefits. 2. Effective January 1,2019,covered employees must be paid a living wage rate of no less than$11.70 per hour with health care benefits of at least$2.74 per hour,or a living wage rate of no less than$14.44 per hour without health care benefits. 3. Effective January 1,2020,covered employees must be paid a living wage rate of no less than$11.78 per hour with health care benefits of at least$3.22 per hour,or a living wage rate of no less than$15.00 per hour without health care 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 Labors 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 http://www.miamibeachfl.govtcity-halllprocurementtorocurement-related-ordinance-and-procedures/ SUBMITTAL REQUIREMENT:No additional submittal is required.By virtue of executing this affidavit document,Proposer agrees to the living wage requirement Any payroll request made by the City during the contract term shall be completed electronically via the City's electronic compliance portal,LCP Tracker(LCPTracker.net). 9. 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. 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 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 >C 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 Managers decision is final. Further information on the Equal Benefits requirement is available at htto://www.miamibeachfl.gov/city-halI!procurementlprocurement related-ordinance-and- proceduresl ITB 2018-094-WG 20 10. 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 certifiesit has not been placed on convicted vendor list. 11. Non-Discrimination.Pursuant to City Ordinance No.2016-3990,the City shall not enter into a contract with a business unless the business represents that it does not and will not engage in a boycott as defined in Section 2-375(a)of the City Code,including the blacklisting,divesting from,or otherwise refusing to deal with a person or entity when such action is based on race,color,national origin,religion,sex,intersexuality,gender identity,sexual orientation,marital or familial status,age or disability. SUBMITTAL REQUIREMENT:No additional submittal is required.By virtue of executing this affidavit document,Proposer agrees it is and shall remain in full compliance with Section 2-375 of the City of Miami Beach City Code. 12. Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi.Pursuant to Resolution 2016-29375,the City of Miami Beach,Florida,prohibits official City travel to the states of North Carolina and Mississippi,as well as the purchase of goods or services sourced in North Carolina and Mississippi. Proposer shall agree that no travel shall occur on behalf of the City to North Carolina or Mississippi, nor shall any product or services it provides to the City be sourced from these states. SUBMITTAL REQUIREMENT:No additional submittal is required.By virtue of executing this affidavit document,Proposer agrees it is and shall remain in full compliance with Resolution 2016-29375. 13.. Fair Chance Requirement.Pursuant to Section 2-376 of the City Code,the City shall not enter into any contract resulting from a competitive solicitation,unless the proposer certifies in writing that the business has adopted and employs written policies,practices, and standards that are-consistent with the City's Fair Chance Ordinance,set forth in Article V of Chapter 62 of the City Code("Fair Chance Ordinance"), and which, among other things, (i) prohibits City contractors, as an employer, from inquiring about an applicants criminal history until the applicant is given a conditional offer of employment; (ii) prohibits advertising of employment positions with a statement that an individual with a criminal record may not apply for the position, and (iii) prohibits placing a statement on an employment application that a person with a criminal record may not apply for the position. SUBMITTAL REQUIREMENT:No additional submittal is required at this time.By virtue of executing this affidavit,Proposer certifies that it has adopted policies,practices and standards consistent with the City's Fair Chance Ordinance. Proposer agrees to provide the City with supporting documentation evidencing its compliance upon request. Proposer further agrees that any breach of the representations made herein shall constitute a material breach of contract,and shall entitle the City to the immediate termination for cause of the agreement,in addition to any damages that may be available at law and in equity. 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 Receipt M.1 . Addendum 1 Addendum 6 Addendum 11 M .1 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 2018-094-WG 21 r DISCLOSURE AND DISCLAIMER SECTION 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 applicants 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 recipients 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 oh 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. ITE-3- 22 PROPOSER CERTIFICATION I hereby certify that I,as an'authorized agent of the Proposer,am submitting the following information as my firm's proposal; " Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this 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 andall 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 Proposers Autho=•ed Repre •ntative: Title of Proposers Authorized Representative: Ulf ICL 4f \oaf-e. i ,rtes . Signature of Proposer. uthoriz d,Representative: Date: OK 1 b -- C71 — Z o\(2) State of FLORIDA } On this t$ day of VG?OhCi ;Oa personally } 1 � appeared before me/1CV1a ieSvho County of um &tq e ) stated that (s)he is the restden t of 3R9.pit 514 .,.a corporation, and that the instrument was signed in behalf of the said corporation by authority of its board of directo •>z' = no -dged said instrument to be its voluntary act and deed.Before me: of '�����i,,, GLORIA :VASNONIarY Public forth State of Ftorldo .lite. Y Pre,�. .1 ,, Notary Public'.State of Florid Commission Expires: y-IQ-a.Da.D Commission#,FF 953978 3,y , 2020 My Comm Expires Aor 18, 4.,,RAmos .Bonded thmughNYatianatNolujAsid ITB 2018-094-WG 23 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: Beach Resort Services Inc BRS Pool Spa Fountain has disclose the following name as a family member(sibling)who is also an employee of the City of Miami Beach: Martha Tones—Property Management Department. Beach Resort Services Inc. BRS Pool Spa Fountain does not have 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 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: Reference submitted,the following information is required: 1)Firm Name: The Setai Miami Beach Contact Individual Name &Title: Alex Furrer—General Manager Address: 2001 Collins Ave, Miami Beach 33139 Telephone: 305-520-6000 Contact's Email: afurrer@thesetaihotel.com Narrative on Scope of Services Provided: Pool Spa&Fountain Service and Repair 2)Firm Name: Four Seasons Hotel Miami Contact Individual Name&Title: Francisco Martins—Director of Engineering Address: 1435 Brickell Avenue, Miami FL 33131 Telephone: 305-358-3535 Contact's Email: Francisco.Martins@Fourseasons.com Narrative on Scope of Services Provided: Pool Spa&Fountain Service and Repair 3)Firm Name: The Biltmore Hotel Contact Individual Name &Title: Chris Michaels—Director of Engineering Address: 1200 Anastasia Avenue, Coral Gables FL 33134 Telephone: 855-311-6903 Contact's Email: CMichaels@biltmorehotel.com Narrative on Scope of Services Provided: Pool & Fountain Service and Repair 6.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: Beach Resort Services Inc BRS Pool Spa Fountain has no financial individuals or entities (including your sub-consultants)with a controlling financial interest as defined in solicitation. 7. 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 Department 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: Beach Resort Services Inc BRS Pool Spa Fountain shall submit firm's Code of Business Ethics. Beach Resort Services Inc BRS Pool Spa Fountain has submitted attached statement indicating that it will adopt, as required in the ordinance,the City of Miami Beach Code of Ethics signed attached. • ,n, ,18 ,+ RICK SCOTT,GOVERNOR JONATHAN ZACHEM,SECRETARY at,,* t ,,..i rit, .T;',.;;ii �N4, . , STATE OF FLORIDA DEPARTMENT OF.BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION';INDUSTRY=:LICENSING BOARD THE COMMERCIAL POOL/SPA CONTRACTOR HEREIN; •IS CERTIFIED UNDER THE PROVISIONS=OF, CHAPTER 489;FLORIDA STATUTES •l TORRES MICHAELJ ESUS ` -1BRS P"OOL:SPA & FOUNTAIN,INC.'' ' '2172 NW 26:AVENUE , MIAMI : FL=33142 ' 1 i LICENSE NUMBER: CPC1459132 , ' EXPIRATION-DATE:: AUGUST 31, 2020 Always verify licenses online at MyFloridaLicense.com , ❑ g ❑ ; ti Do not not alter this document in any form. i . jrgc1 . This is your license. It is unlawful for anyone other than the licensee to use this document. Y . AIf'R DATE(MM/DD/YYYY) f. __ CERTIFICATE OF LIABILITY INSURANCE 10/17/2018 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. . . ' 'ORTANT: If the certificate holder is an ADDITIONAL INSURED, the pbllcy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to -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 ' NAP+E_ Michael E Suskind Logan Insurance Agency,Inc. PHONE :FAX •3801 North 9th Avenue _(_Ar_c.,Nc Egq;A50-438-1448 _ (Am,No):650-438-0085 Pensacola,FL 32503 t:-MAIL PAichaet E SuskindADDRESS:miice(iT)IacUanins.net INSURER(S1 AFFORDING COVERAGE NAIC IJ INSURER _Nautilus Insurance Company- 117370 INSURED Beach Resort Services,Inc, INSURER B:Scottsdale Insurance Compal `:41297_ dba BRS-Pool-Spa-Fountain – — 2172 NW 26th Ave. INSURER c___ --- ----- .- -- Miami,FL 33142, INSURER D: -- ,— _-1-- - — 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 --- ----- --.._... .-.ADDL;,SUBR'.___ ._ .__ POLICY EFF.POLICY EXP :---- LTR TYPE OF INSURANCE IVSD I MD I POLICY NIJMtER .IMM(OD/YYYY)I(MMIDDIYYYY): LIMITS A X ,COMMERCIAL GENERAL LIABILITY I i , EACH OCCURRENCE 'S 1,000,000 1 •OAI AGE'TU RENTED _ _FLAM;S•RADE ;X OCCUR X . NN912680 0612212018`06/2212019;PREMISES(Es occurrence) .1_. —__._ 100,0_00 ' MED EXP(Any one corset") _,5 9,000 _ PERSONAL S ADV INJURY S 1,000,000 GEM.AGGREGATE LIMIT APPLIES PER: i I `GENERAL AGGREGATE I.S 2,000,000 X POLICY L. )JECT LOC ; PRODUCTS:COMP/OPAGG i S INCLUDED OTHER. I I S AUTOMOBILE LIABILITY I I COMBINED SINGLE LIMIT i s LLE.accide_n t ___ ........:_- _._._ -_. -_- ANY AUTO I ! I BODILY INJURY(Per parson).,S -, ALL:OWNED SCHEDULED j i I 1 BODILY INJURY(Per accident).S .__-4 AUTOS AUTOS I ----__ ..__._._ I NON-OWNED I PROPERTY DAMAGE HIRED AUTOS I . I. I(Paracgidenq---_ T— =AUTOS - .UMBRELLA LIAR 1 X I OCCUR I I "' I EACH_OCCURRENC_E_ _- S 4,000,000 ' B 1 X EXCESS LIAB — 'CLAIMS-MADE I X ; XBS0096GG5 ' 06122/2018;06/22/2019 AGGREGATE .S 4,000,000 -1 iDED i •RETENTIONS S WORKERS COMPENSATION I • •PER DTH- • AND EMPLOYERS'LIABILITY Y/N L STATUTE_,_.... ER -..)__.. ANY PROPRIETORIPARTNEItEXECUTWE1 E.L EACH ACCIDENT 1 S OFFICERIMEMBER EXCLUDED? ,N/A. . , _..__.._— . (Mandatory in NH) I ; E L DISEASE-EA EMPLOYEFI$ _,_ .-• ,_- ,_. •- If yes,describe under DESCRIP'i ION OF OPERATIONS below . ( i ,� -E.L.DISEASE-POLICY LIMIT'n I i 1 • . 1 1 t DESCRIPTION OP OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Romance Schedule,may be attached If more space la required) pool services-bldh 2018.094-WG Clean,maintain&repair recirculating fountains citywide CERTIFICATE HOLDER • CANCELLATION • CITYOFM SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE • THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE:POLICY PROVISIONS. City of Miami Beach 175555 IUleridan Ave_3rd Fir. AUTHORIZED REPRESENTATIVE Miami Beach,FL 33139 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD ACRD® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) `....---- 10/18/2018 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 '~EPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. .4IPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to theterms 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 NAME: Commercial Service Brightway Insurance fauc°Nl o Est): 855-841-3135 Fax No):904-322-5928 PO BOX 5700 ADDRiEss:Cammercial@Brightway.com INSURER(S)AFFORDING COVERAGE NAIC# Jacksonville ' FL. 32247 INSURER A:Infinity Assurance Insurance 39497 INSURED INSURER B: . ' BEACH RESORT SERVICES INC DBA ' INSURER C: BRS-POOL-SPA-FOUNTAIN INSURER D: 2172 NW 26TH AVE INSURER E: MIAMI FL 33142 INSURERF: COVERAGES CERTIFICATE NUMBER:CL18101848952 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 ADDL SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MMIDDIYYYY) (MMIDDIYYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE r7 OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $ MED EXP(My one person) $ PERSONAL 8 ADV INJURY $ GEL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY n JEC LOC PRODUCTS-COMP/OP AGG $ , OTHER: $ r-'s AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident A X ANY AUTO BODILY INJURY(Per person) $ — ALL OWNED SCHEDULED AUTOS AUTOS X 509800009546001 10/23/2018 10/23/2019 BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE $ 1,000,000 _ HIRED AUTOS _ AUTOS (Per accident) PIP-Basic $ 10,000 UMBRELLA UAB — OCCUR EACH OCCURRENCE $ EXCESS UAB CLAIMS-MADE AGGREGATE $ • DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'UABIUTY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE I�l'NIA EL EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? l I (Mandatory in NH) EL DISEASE-EA EMPLOYEE 5 If yes,describe under DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Pool Services - Bid# 2018-094-WG Clean, Maintain and Repair Recirculating Fountains Citywide. City of Miami Beach is named as additional insured • CERTIFICATE HOLDER - CANCELLATION • I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Miami Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DEUVERED IN 1700 Convention Center Dr ACCORDANCE WITH THE POLICY PROVISIONS.M. Miami Beach, FL 33140 AUTHORIZED REPRESENTATIVE Pedro Fred/SEAKAL —0 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD INS025(201401) ----"'"'40 BEACRES-01 ASMITH A`C�I�Dp DATE(MMIDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE ion 7/2018 . 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 EPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or 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 License#L010225 NAME CT Alayne Smith CompuPay Insurance Services,Inc. PHONE FAX 3450 Lakeside Drive (Arc,No,Exq:(954)874-4800 177768 I(NC,No): Suite 400 At:1146s:alayne.smith@benefitmall.com Miramar,FL 33027 INSURER(S)AFFORDING COVERAGE NAIL# INSURER A:Technology Insurance Company,Inc. 42376 INSURED INSURER B: Beach Resort Services,Inc.dba BRS Pool Spa Fountain INSURER C: 2172 NW 26TH AVE INSURER D: MIAMI,FL 33142 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 ADDL SUER POLICY NUMBER /YPOLICY EFF POLICY EXP LIMITS LTR INS° WVD - IMM!OO/YYYY) (MMIDDYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S CLAIMS-MADE OCCUR DAMAGE TO RENTED , PREMISES(Ea occurrence) $ MED EXP(Any one person) $ ' PERSONAL 8 ADV INJURY $ _ GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ - POLICY JEPRCOT LOC PRODUCTS-COMPIOPAGG_ $ ,,,,---N, OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT fEa accident) $ — ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED _ AUTOS ONLY _ AUTOS BODILY INJURY(Per accident) $ _ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY _ AUTOS ONLY Per accident) $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE _ $ — EXCESS LIAB CLAIMS-MADE AGGREGATE $ - • r DED RETENTION$ $ A WORKERS COMPENSATION PER OTH- ERAND EMPLOYERS'LIABILITY Y r N X STATUTE TWC3735246 09/30/2018 09/30/2019 1,000,000 ANY R EXCLUDED?ECUTIVE (I N r A EL.EACH ACCIDENT $ (Mandatory in NH) I I E.L.DISEASE-BA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $ • DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached IT more space is required) • CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Miami Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1765 Meridian Avenue-3rd Fir Miami Beach,FL 33139 AUTHORIZED REPRESENTATIVE .,,,,, i 4/SE:6 .ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD:name and logo are registered marks of ACORD • APPENDIX E # / p S} t ' r), -- , „ , • Cost Proposal Form 2018-094-WG • Clean, Maintain and Repair Re- circulating Fountains Citywide PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2018-094--WG • 39 f APPENDIX E COST PROPOSAL FORM 1 Failure to submit Appendix E, Cost Proposal Form, in its entirety and fully executed by the deadline established for the receipt of proposals will result in proposal being deemed non-responsive and being rejected. . 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 Cost Proposal Form (Appendix E) shall be completed mechanically or, if manually, in ink. Cost Proposal Forms (Appendix E) completed in pencil shalt be deemed non-responsive. All corrections on the Cost Proposal Form' (Appendix E)shall be.initialed. '.GROUP I (Quantity X Unit MAINTENANCE AND CLEANING Price)=Total Item Fountain Location Qty U/M Unit Cost. Total Lincoln Road Mall fountain,(Lincoln Rd/Lenox Avenue) 156 1 Block 1000) service $ iq 23 $ aCtgq.f3e 2 Lincoln Road Mall fountain,(Lincoln Rd/Michigan 156 service $ "' $ �j f3 p�venue)Block 900) 2 G�j2- LI l' 1 t. .,2- Lincoln Road Mall fountain,(Lincoln Rd/Jefferson 156 service $ $ ` 3Avenue)(Block 800) 101.23 a"I"IC 5 }8 ,,, 4 Lincoln Road Mall fountain,(Lincoln Rd/Meridian 156 service $ $ F ' Avenue)(Block 700) 1C1.513 2CC(G{e .ESI (Lincoln Road Mall fountain,(Lincoln Rd/Euclid Avenue) 156 service $ $ 5 (Block 600) 1'1,23 . 2 j i, B8 Lincoln Road Mall fountain,Lincoln Rd/Drexel Avenue 156 service ,$ $ 7( , 6 (Block 500) ,' 4.y/ I 5;3-1 I a 1 6 , 7 Palm Island fountain, 156 Palm Avenue 156. service $26.92 $ L i' 11 i 52 8 ' Star Island fountain,12 Star�lsiand Drive 156 'service $i 23 $ a 1449, 3 S 9. 21st Street fountain 21st&Alton Road. 156 service $ I c€=23. $ ai qqq, os 10 41st Street fountain 41st&Pine Tree Drive' 156 service $ 15,352, $ )I?)CI Oi r 2S 11 71st Street fountain 71st&Rue Vendome Drive 156 service $2 b.91$ eif tom , 52 12 Welcome Sign fountain,71st&Biarritz Drive 156 service $ i� $ �l ��� g 13 South Shore Community Center fountain,833-6th Street 156 service $ i 1 o $ r1 i GG,�Qj 14 Mermaid(TOPA)fountain,1700 Washington Avenue 156 service $ l 5,3`� $ 9.1 °�a 2$ 15 777 Building fountain,1701 Meridian Avenue 156 service $ 101,`23 $ Icot $�'j 16 The"Rotunda"fountain,2111 Collins Avenue,East 156 service $ 3nj 1 of i $ 5 34� if_ 1 RV 17 The"North"fountain,2111 Collins Avenue 156 service $ (S3$ $ c1fl , i 6 28 18 The"South"fountain,2111 Collins Avenue 156 service $ 15,3) $ a 13Ng Ia Bass Museum"Tranquility"fountain"2111 Collins 156 service $ .2‘,L104 tt $ 5 j - 19 Avenue , t ITB 2018-094—WG 40 . GROUPI REPAIRS Hourly Labor and Cost of Equipment and!or Materials Estimated (Est. • Annual Annual service Service Item Description hours U/M Unit Cost Hours x Hourly Rate — Regular (7:00 a.m. Hourly 11� 20, 5:00 p.m.,Monday-Friday) 460 Rate $ 8 5:OC $ ��1000 Hourly Rate-Non Regular(after 5:00 p.m., Monday—Friday,Weekends 120 Hourly $ 21 and Holidays) Rate 121,50 ,5 J Sub Total Labor(Items 20+21) 1 Total $514t30,0 Group Estimated Annual Gross Costs (Estimated Gross Annual Item Description (Dealer Invoice Cost) %of Mark-up Costs x%Mark-up) Mark-up for Parts and 22 Supplies $25,000.00 % �0 O/` $ 5(000 Subtotal Materials(Item 22) I Total$ ? 000,0 Total = (Items 20+21+22) Total �q r3 . Bidder's Affirmation Company: tak 6* Set , OLS `Vtc e 'aoL 'c i-o U tAi-o ce) Authorized Representative: M kckkat' To vies Address: ).\11 Na) ivrn Cly/ Telephone: 30 . f�'��iy.\ •00 Email: VY1.k0'KQS G \o'c- ' e,as,LEM Authorized Representative's Signature: J - op, ITB 2018-094-WG 41 • GROUP II (Quantity X Unit Price)= MAINTENANCE AND CLEANING Total Item Fountain Location Qty UJM Unit Cost Total 1 South Pointe Park(1 Washington Avenue) 156 service $ 76 I1 $ ( q, .G c 52.. Sub-Total =(Item 1) Sub-Total $ I( cigq, 5 GROUP II REPAIRS Hourly Labor and Cost of Equipment and/or Materials Estimated (Est.Annual Annual Service service Hours x Unit Item Description hours U/M Unit Cost Cost)=Total Hourly Rate - Regular (7:00 a.m.- Hourly 2 5:00 p.m.,Monday'-Friday) 40 Rate $ ,SLOG $ 3)4,C0 a o0 Hourly Rate-Non Regular(after 5:00 p.m., Monday—Friday,Weekends 10 Hourly $ $ 3 and Holidays) Rate 0750 ( {215`CO Sub Total Labor(Items 2+3) Total $ 1-416.1 IS R 00 Group Estimated Annual Gross Costs (Estimated Gross Annual Item Description (Dealer Invoice Cost) %of Mark-up Costs x%Mark-up) 4 Mark-up for Parts and Supplies $5,000:00 % -IQ°f5 $ 1f000900 Subtotal Materials(Item 23) 1 Total$ 0 It Sub-Total =(Items 2+3+4) Sub-Total $ 10 5,OCA Grand Total '1� GROUP II -Grand Total Items 1 through 4 $ 9 J r (011-14 5 C,, Bidder's Affirmation O T Company: gf C.2CA� .ScC--�+MCQS JI-nc• S eS--Pool S e'(orvi t n Authorized Representative: M t C Vi.w l —t t''«c Address: .t'Z (kl- Z . flit y( Telephone: 303- (o.i"3- 1300 Email: itIn+0 TBS hrs-pools/con/7d Authorized Representative's Signature: - ` - 1TB 2018-094-WG 42 ATTACHMENT D INSURANCE REQUIREMENTS APPENDIX F EAC H Insurance Requirements 2018-094-WG Clean, Maintain and Repair Re- circulating Fountains Citywide PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2018-094-WG 43 MIAMI BEACH INSURANCE REQUIREMENTS This document sets forth the minimum levels of insurance that the contractor is required to maintain throughout the term of the contract and any renewal periods. XXX 1. Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida. XXX 2. Comprehensive General Liability (occurrence form), limits of liability $ 1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements"of specifications). XXX 3. Automobile Liability-$1,000,000 each occurrence-owned/non-owned/hired automobiles included. 4. Excess Liability-$ .00 per occurrence to follow the primary coverages. XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: _Builders Risk completed value $ .00 Liquor Liability $ .00 _.Fire Legal Liability $ .00 Protection and Indemnity $ .00 _Employee Dishonesty Bond $ .00 Other $ .00 XXX 7. Thirty(30)days written cancellation notice required. XXX 8. Best's guide rating B+:VI or better, latest edition. XXX 9. The certificate must state the proposal number and title 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 2018-094-WG 44