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HomeMy WebLinkAboutITB 16-08-01 Event Related Equipment Rental City of Sunny Isles Beach | Invitation to Bid No. 16-08-01 1 Invitation to Bid Goods & Services gt EVENT RELATED EQUIPMENT RENTAL Invitation to Bid No. 16-08-01 Publish Date: 08/05/2016 Bid Due and Bid Opening Date: 08/23/2016 at 2:30 PM Pre-Bid Conference: None Where to Deliver Bid Sunny Isles Beach Government Center 18070 Collins Avenue Sunny Isles Beach, Florida 33160 All Questions Due: 08/12/2016 by 5:00 PM City of Sunny Isles Beach | Invitation to Bid No. 16-08-01 2 TABLE OF CONTENTS Table of Contents....................................................................................................................... Page 2 Legal Advertisement/Notice to Bidder .......................................................................................... Page 3 Instructions to Bidder/General Terms and Conditions .................................................... Section 1, Page 4 Special Terms and Conditions .................................................................................... Section 2, Page 10 Scope of Services ...................................................................................................... Section 3, Page 14 Bid Submittal Instructions & Forms ............................................................................ Section 4, Page 15 Bid Form 1 – Bid Cover ....................................................................................................... Page 16 Bid Form 2 – Addenda Acknowledgement ............................................................................ Page 18 Bid Form 3 – Bid Pricing ..................................................................................................... Page 19 Affidavits ................................................................................................................................. Page 21 Non-Collusion Affidavit Public Entity Crimes Equal Opportunity / Affirmative Action Statement Conflict of Interest Statement Dispute Disclosure Form Anti-Kickback Affidavit Bid Bond Form Performance Bond Form City of Sunny Isles Beach | Invitation to Bid No. 16-08-01 3 LEGAL ADVERTISEMENT NOTICE TO BIDDER NOTICE IS HEREBY GIVEN that the City of Sunny Isles Beach is seeking sealed Bids for the following work as specified EVENT RELATED EQUIPMENT RENTAL Invitation to Bid No. 16-08-01 This Invitation to Bid (ITB) is available from DemandStar by calling (800) 711-1712 or by accessing their website at www.demandstar.com. The ITB may also be examined at the City of Sunny Isles Beach, Office of the City Clerk. Bidders who obtain the ITB from sources other than DemandStar or the City of Sunny Isles Beach are cautioned that their Bid response package may be incomplete. Addenda will be posted and disseminated by DemandStar at least five calendar days prior to the Bid due date to all Bidders who are listed on the official list. The City may not accept incomplete Bids. Sealed Bids will be received by the City Clerk no later than 2:30 PM, on Tuesday, 08/23/2016 at the Sunny Isles Beach Government Center located at 18070 Collins Avenue, 4th floor, Sunny Isles Beach, Florida, 33160. Bids received after this time will not be considered. The City is under no obligation to return Bids. Timely submitted Bids will be opened publicly and read aloud at this time. The envelope containing the sealed Bid must be clearly marked: Bid No. 16-08-01 EVENT RELATED EQUIPMENT RENTAL OPENING DATE AND TIME: Tuesday, 08/23/2016 at 2:30 PM The City reserves the right to reject any or all Bids, with or without cause, to waive technical errors and informalities, and to accept the Bid, which best serves the interest of, and represents the best value to, the City in conformity with the criteria set forth in Section 62-8 of the Code of Ordinances of the City of Sunny Isles Beach. All questions regarding this Bid shall be directed in writing to Jane A. Hines, MMC, City Clerk, NO LATER THAN Friday, 08/12/2016 by 5:00 PM. Questions may be submitted via email to: JHines@sibfl.net or via facsimile (305) 792-1563 or via regular mail at: Jane A. Hines, MMC, City Clerk, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, FL 33160. All Questions will be answered in the form of Addendum that will be released within a few days after the question due date listed above. Jane Hines, MMC, City Clerk City of Sunny Isles Beach City of Sunny Isles Beach | Invitation to Bid No. 16-08-01 4 SECTION 1 INSTRUCTIONS TO BIDDER / GENERAL TERMS AND CONDITIONS THESE INSTRUCTIONS ARE STANDARD FOR ALL BID COMMODITIES/SERVICES ISSUED BY THE CITY OF SUNNY ISLES BEACH. THE CITY OF SUNNY ISLES BEACH MAY DELETE, SUPERSEDE OR MODIFY ANY OF THESE STANDARD INSTRUCTIONS FOR A PARTICULAR CONTRACT BY INDICATING SUCH CHANGE IN SPECIAL INSTRUCTIONS TO BIDDERS OR IN THE BID SHEETS. ANY AND ALL SPECIAL CONDITIONS THAT MAY VARY FROM THE GENERAL CONDITIONS SHALL HAVE PRECEDENCE. BIDDER AGREES THAT THE PROVISIONS INCLUDED WITHIN THIS BID OR RFP SHALL PREVAIL OVER ANY CONFLICTING PROVISION WITHIN ANY STANDARD FORM CONTRACT OF THE BIDDER REGARDLESS OF ANY LANGUAGE IN BIDDER’S CONTRACT TO THE CONTRARY. 1.1 CLARIFICATION/EXPLANATION/QUESTIONS: Any questions concerning the Bid Specifications or any required need for clarification must be made to Jane A. Hines, MMC, City Clerk via email to: JHines@sibfl.net or via facsimile (305) 792-1563 or via regular mail at: Jane A. Hines, MMC, City Clerk, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, FL 33160. Such requests for clarification/explanation or questions must be made in writing to Jane A. Hines, MMC, City Clerk, at least five (5) business days prior to the date of the Bid opening. Interpretations or clarifications considered necessary by the City will be issued by addenda and posted/disseminated by DemandStar (www.demandstar.com) to all parties listed on the official plan holders’ list as having received the Bid documents. Only questions answered by written addenda shall be binding. Oral interpretations or clarifications shall be without legal effect. No plea of ignorance or delay or required need of additional information shall exempt a Bidders from submitting their Bid on the required date and time as publicly noted. 1.2 PLAN HOLDER’S LIST: As a convenience to vendors, the City of Sunny Isles Beach has made available via internet lists of all plan holders for each Request for Proposal, Request for Proposal, and request for qualifications. The information is available on-line at www.demandstar.com or by calling the Office of the City Clerk at (305) 792-1703. 1.3 ADDENDA TO SPECIFICATIONS: If any addenda are issued after the initial specifications are released, the City will post and disseminate the addenda through DemandStar. For those projects with separate plans, blue prints, or other materials that cannot be accessed through the internet, the Office of the City Clerk will make good faith effort to ensure that all registered Bidders (those who have been registered as receiving a Bid package) receive the documents. It is the responsibility of the vendor prior to the submission of any Bid to check the above website or contact the Office of the City Clerk at (305) 792-1703 to verify any addenda issued. The receipt of all addenda must be acknowledged on the Bid Response Sheet. 1.4 SPECIAL ACCOMMODATIONS: Any person requiring a special accommodation at a Pre-Bid Conference or Bid/RFP/RFQ opening because of a disability should call the Office of the City Clerk at (305) 792-1703 at lease five (5) days prior to the Pre-Bid Conference or Bid/RFP/RFQ opening. If you are hearing or speech impaired, please contact the Office of the City Clerk by calling the City of Sunny Isles Beach using the Florida Relay Service which can be reached at 1(800) 955-8771 (TDD). 1.5 PUBLIC ENTITY CRIMES STATEMENT: Pursuant to the provisions of paragraph (2) (a) of section 287.133, Florida statutes -"a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a contract to provide any goods or services to a public entity, may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit Bids on leases of real property to a public entity, may not be awarded to perform work as a Bidder, supplier, sub-Contractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in section 287.107, for category two for a period of 36 months from the date of being placed on the convicted vendor list”. 1.6 BID DEADLINE: Bids must be submitted no later than the time and date shown within this document. 1.7 SEALED BID: The entire Bid Response Package shall be placed in an opaque envelope (with all items listed on the Bid checklist form and all other items required within this Request for Proposal must be executed) and submitted in a sealed envelope. 1.8 BID EXECUTION, SIGNATURES, ERASURE/CORRECTION: All Bids shall be signed in blue ink. All price quotes shall be typewritten or printed with ink. All corrections made by the Bidders prior to the opening must be initialed and dated by the Bidders. No changes or corrections will be allowed after Bids are opened. Bids must contain an original, manual signature of an authorized representative of the company. 1.9 WITHDRAWAL OF BIDS: Bidders may withdraw Bids only by written request and shall forward the withdrawal request via “Certified U.S. Mail – Return Receipt Requested” prior to the Bid opening time. Negligence on the part of the Bidders in preparing the Bid confers no right for the withdrawal of the Bid after it has been opened. 1.10 BID OPENING: Bids will be opened publicly at the time and place stated in the Notice to Bidder. It is the responsibility of the Bidders to insure that the Bid reaches the Office of the City Clerk on or before the closing hour and date stated on the Request for Proposal. After the Bid opening, the contents of the Bid Form will be made public for the information of vendors and other interested parties who may be present either in person or by representative. Bids that are received after the Bid opening time will not be considered and will not be returned. 1.11 EVALUATION OF BIDS: The City, at its sole discretion, reserves the right to inspect any/all Bidders facilities to determine their capability of meeting the requirements for the Contract. Also, price, responsibility, and responsiveness of the Bidders, the financial position, experience, staffing, equipment, materials, references, and past history of service to the City and/or with other units of state, and/or local governments in Florida, or comparable private entities, will be taken into consideration in the Award of the Contract. 1.11.1 Hold Harmless: All Bidder’s shall hold the City, it's officials and employees harmless and covenant not to sue the City, it's officials and employees in reference to their decisions to reject, award, or not award a Bid, as applicable. 1.11.2 Cancellation: Failure on the part of the Bidders to comply with the conditions, specifications, requirements, and terms as determined by the City, shall be just cause for cancellation of the Award. City of Sunny Isles Beach | Invitation to Bid No. 16-08-01 5 1.11.3 Disputes: If any dispute concerning a question of fact arises under the Contract, other than termination for default or convenience, the Contractor and the City department responsible for the administration of the Contract shall make a good faith effort to resolve the dispute. If the dispute cannot be resolved by agreement, then the department with the advice of the City Attorney shall resolve the dispute and send a written copy of its decision to the Bidder, which shall be binding on both parties. 1.12 AGREEMENT: After the Bid award, the City will, at its option, prepare an Agreement specifying the terms and conditions resulting from the award of this Bid. The vendor will have ten (10) calendar days after notification of the award by the City to execute the Agreement and provide the required Performance Bond. The Bidder who has the Contract awarded to them and who fails to execute the Agreement and furnish the Performance Bond and Insurance Certificates within the specified time shall forfeit the Bid Security that accompanied their Bid, and the Bid Security shall be retained as liquidated damages by the City, and it is agreed that this sum is a fair estimate of the amount of damages the City will sustain in case the Bidder fails to enter into the Contract and furnish the Bonds as herein before provided. Bid Security deposited in the form of a cashier’s check drawn on a local bank in good standing shall be subject to the same requirements as a Bid Bond. The performance of the City of Sunny Isles Beach of any of its obligations under the agreement shall be subject to and contingent upon the availability of funds lawfully expendable for the purposes of the agreement for the current and any future periods provided for within the Bid specifications. 1.13 PAYMENTS: Payment will be made after commodities/services have been received, accepted, and properly invoiced as indicated in the contract and/or purchase order. Invoices must bear the purchase order number. Invoices received from the Contractor will be reviewed by the initiating City Department. If services have been rendered in conformity with the Contract Documents, the invoice will be sent to the Finance Department for payment. Invoices must reference the contract number assigned thereto. Invoices will be paid in accordance with the State of Florida Prompt Payment Act. 1.14 BRAND NAMES: If a brand name, make, of any "or equal" manufacturer trade name, or vendor catalog is mentioned whether or not followed by the words "approved equal" it is for the purpose of establishing a grade or quality of material only. Vendor may offer equals with appropriate identification, samples, and/or specifications on such item(s). The City shall be the sole judge concerning the merits of items Bid as equals. 1.15 MATERIAL: Material(s) delivered to the City under this Bid shall remain the property of the seller until accepted to the satisfaction of the City. In the event materials supplied to City are found to be defective or do not conform to specifications, the City reserves the right to return the product(s) to the seller at the seller’s expense. 1.16 SAMPLES: Samples of items, when required, must be furnished by the Bidders free of charge to the City. Each individual sample must be labeled with the Bidder’s name and manufacturer's brand name and delivered by them within ten (10) calendar days of Bidders receipt of the “Notice to Proceed”, unless schedule indicates a different time. If samples are requested subsequent to the Bid opening, they should be delivered within ten (10) calendar days of the request. The City will not be responsible for returning samples. 1.17 QUANTITY GUARANTY: No guaranty or warranty is given or implied by the City as to the total amount that may or may not be purchased from any resulting Contract or Award. These quantities are for Bid purposes only and will be used for tabulation and presentation of the Bid. The City reserves the right to increase or decrease quantities as required, even significantly. The prices offered herein and the percentage rate of discount applies to other representative items not listed in this Bid. 1.18 GOVERNMENTAL RESTRICTIONS ON MATERIALS: In the event any governmental restrictions may be imposed which would necessitate alteration of the material quality, workmanship, or performance of the items offered on this Bid prior to their delivery, it shall be the responsibility of the successful Bidders to notify the City at once, indicating in their letter the specific regulation which required an alteration. The City of Sunny Isles Beach reserves the right to accept any such alteration, including any price adjustments occasioned thereby, or to cancel at no further expense to the City. 1.19 SAFETY STANDARDS: The Bidders warrant that the product(s) supplied to the City conforms in all respects to the standards set forth in the occupational safety and health act (OSHA) and its amendments. Bids must be accompanied by a materials data safety sheet (MSDS) when applicable. 1.20 WARRANTIES: Successful Bidders shall act as agent for the City in the follow-up and compliance of all items under Warranty/Guaranty and complete all forms for Warranty/Guarantee coverage under this Contract. 1.21 COPYRIGHTS/PATENT RIGHTS: Bidders warrant that there has been no violation of copyrights or patent rights in manufacturing, producing or selling of goods shipped or ordered, as a result of this Bid. The seller agrees to indemnify City from any and all liability, loss, or expense occasioned by any such violation. 1.22 LOCAL BUSINESS TAX (OCCUPATIONAL LICENSE REGISTRATION): The Bidder shall be responsible for obtaining and maintaining throughout the contract period his or her city and county local business tax receipts. Each vendor submitting a Bid on this Request for Proposal shall include a copy of the company’s local business tax/occupational license(s) with the Bid response. For information specific to City of Sunny Isles Beach local business tax/occupational licenses, please call Code Enforcement & Licensing at (305) 792- 1705. If the Bidder is operating under a fictitious name as defined in Section 865.059, Florida Statutes, proof of current registration with the Florida Secretary of State shall be submitted with the Bid. A business formed by an attorney actively licensed to practice law in this state, by a person actively licensed by the Department of Business and Professional Regulations or the Department of Health for the purpose of practicing his or her licensed profession, or by any corporation, partnership, or other commercial entity that is actively organized or registered with the Department of State shall submit a copy of the current licensing from the appropriate agency and/or proof of current active status with the Division of Corporations of the State of Florida. 1.23 LIABILITY, INSURANCE, PERMITS AND LICENSES: Bidders shall assume the full duty, obligation, and expense of obtaining all necessary licenses, permits, inspections, and insurance required. The Bidders shall be liable for any damages or loss to the City occasioned by negligence of the Bidders (or their agent) or any person the Bidders has designated in the completion of their contract as a result of the Bid. Bidder shall be required to furnish a copy of all licenses, certificates of competency or other licensor requirements necessary to practice their profession as required by Florida State Statute, Miami-Dade County, and City of Sunny Isles Beach Code. City of Sunny Isles Beach | Invitation to Bid No. 16-08-01 6 Bidders shall include current Miami-Dade County Certificates of Competency. These documents shall be furnished to the City along with the Bid response. Failure to furnish these documents or to have required licensure will be grounds for rejecting the Bid. 1.24 CERTIFICATE(S) OF INSURANCE: Bidders shall furnish to the Office of the City Clerk, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida 33160, certificate(s) of insurance which indicate that insurance coverage has been obtained from an insurance company authorized to do business in the State of Florida or otherwise secured in a manner satisfactory to the City, for those coverage types and amounts listed in this document, in an amount equal to 100% of the requirements and shall be presented to the City prior to issuance of any Contract(s) or Award(s) Document(s). The City of Sunny Isles Beach shall be named as "additional insured" with respect to this coverage. The required certificates of insurance shall not only name the types of policies provided, but shall also refer specifically to this Bid and section. At the time of Bid submission, the Bidders must submit certificates of insurance as outlined in the General Conditions section. All required insurances shall name the City of Sunny Isles Beach as additional insured and such insurance shall be issued by companies authorized to issue insurance in the State of Florida. It shall be the responsibility of the Bidders and insurer to notify the City Manager of the City of Sunny Isles Beach of cancellation, lapse, or material modification of any insurance policies insuring the Bidders, which relate to the activities of such vendor and the City of Sunny Isles Beach. Such notification shall be in writing, and shall be submitted to the City finance support service director thirty (30) days prior to cancellation of such policies. This requirement shall be reflected on the certificate of insurance. Failure to fully and satisfactorily comply with the city's insurance and bonding requirements set forth herein will authorize the City Manager to implement a rescission of the Bid award without further City Commission action. The Bidders hereby holds the City harmless and agrees to indemnify City and covenants not to sue the City by virtue of such rescission. 1.25 ASSIGNMENT: The Bidder shall not transfer or assign the performance required by this Bid without prior written consent of the City Manager. Any award issued pursuant to the Request for Proposal and monies which may be due hereunder are not assignable except with prior written approval of the City Manager. Further, in the event that the majority ownership or control of the Bidder changes hands subsequent to the award of this contract, Bidder shall promptly notify City in writing (via United States Postal Service – Certified Mail, Return Receipt Requested) of such change in ownership or control at least thirty (30) days prior to such change and City shall have the right to terminate the contract upon sixty (60) days written notice, at City’s sole discretion. 1.26 HOLD HARMLESS/INDEMNIFICATION: The Bidder shall indemnify, hold harmless, and defend the City of Sunny Isles Beach, it's officers, agents and employees from and against any claims, demands or causes of action of whatsoever kind or nature arising out of error, omission, negligent act, conduct, or misconduct of the Bidder, their agents, servants or employees in the provision of goods or the performance of services pursuant to this Bid and / or from any procurement decision of the City including without limitation, awarding the Contract to the Bidder. 1.27 NON-CONFORMANCE TO CONTRACT: The City of Sunny Isles Beach may withhold acceptance of, or reject items which are found upon examination, not to meet the specification requirements. Upon written notification of rejection, items shall be removed within (5) calendar days by the vendor at their own expense and redelivered at their expense. Rejected goods left longer than thirty (30) calendar days will be regarded as abandoned and the City shall have the right to dispose of them as its own property. Rejection for non-conformance or failure to meet delivery schedules may result in the Bidder being found in default. 1.28 DEFAULT PROVISION: In case of default by the Bidders, the City of Sunny Isles Beach may procure the articles or services from other sources and hold the Bidders responsible for any excess costs occasioned or incurred thereby. 1.29 SECONDARY/OTHER VENDORS: The City reserves the right in the event the primary vendor cannot provide an item(s) or service(s) in a timely manner as requested, to seek other sources without violating the intent of the Contract. 1.30 DEFINITIONS: Wherever used in these General Conditions or in the other Contract Documents, the following terms shall have the meaning indicated which shall be applicable to both the singular and plural thereof: Acceptance: Acceptance by the City of the Work as being fully complete in accordance with the Contract Documents subject to waiver of claims. Agreement: The written Agreement between the City and the Bidder covering the Work to be performed, which includes the Contract Documents. Addenda: Written or graphic instruments issued prior to the Bid Opening which modify or interpret the Contract Documents, Drawings and Specifications, by addition, deletions, clarifications or corrections. Approved: Means approved by the City. Bid: The offer of the Bidders submitted on the prescribed form setting forth the prices for the Work to be performed. Bidders: Any person, firm or corporation submitting a Bid for Work. Bonds: Bid, performance bond and other instruments of security, furnished by the Bidder and their surety in accordance with the Contract Documents and in accordance with the law of the State of Florida. Change Order: A written order to the Bidder signed by the City authorizing an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued after execution of the Agreement. City: City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida 33160. Contract Documents: Contract Documents shall include, Instructions to Bidders, Bidder's Bid, the Bonds, the Notice of Award, the Agreement between the City and Bidder as well as any addenda thereto, these General Conditions, Special Conditions, the Technical Specifications, Drawings and Modifications, Notice to Proceed, Request for Proposal, Insurance Certificates, Change Orders and Acknowledgment of Conformance with the City of Sunny Isles Beach. Contract Price: The total monies payable to the Bidder under the Contract Documents. City of Sunny Isles Beach | Invitation to Bid No. 16-08-01 7 Contract Time: The number of calendar days stated in the Agreement for the completion of the Work. Contracting Officer: The individual who is authorized to sign the contract documents on behalf of the City’s governing body. Bidder: The person, firm or corporation with whom the City has executed this Agreement. Day: A calendar day of twenty-four hours measured from midnight to the next midnight. Field Order: A written order issued by the City which clarifies or interprets the Contract Documents or orders minor changes in the Work. Modification: Modification means any one of the following: (a) a written amendment of the Contract Documents signed by both parties, (b) a Change Order, (c) a written clarification or interpretation if issued by the City, or (d) a written order for minor change or alteration in the Work issued by the City. A modification may only be issued after execution of the Agreement. Notice of Award: The written notice by City to the apparent successful Bidders stating that upon compliance with the conditions precedent to be fulfilled by him within the time specified, City will execute and deliver the Agreement to him. Samples: Physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. Specifications: Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work. Statement of Services: The form furnished by the City which is to be used by the Bidder in requesting progress payments. Supplier: Any person or organization who supplies materials or equipment for the Work, including that fabricated to a special design, but who does not perform labor at the site. Work: Any and all obligations, duties and responsibilities necessary to the successful completion of the Project assigned to or undertaken by Bidder under the Contract Documents, including all labor, materials, equipment and other incidentals, and the furnishing thereof. Written Notice: The term “Notice” as used herein shall mean and include all written notices, demands, instructions, claims, approvals and disapproval’s required to obtain compliance with Contract requirements. Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or to an authorized representative or such individual, firm, or corporation, or if delivered at or sent by registered mail to the last business address known to them who gives the notice. Unless otherwise stated in writing, any notice to or demand upon the City under this Contract shall be delivered to the City. 1.31 BID AWARD: The City reserves the right to reject any and all Bids at its sole discretion. Bids shall be awarded by the City after the City performs all necessary searches, inquiries, exploration, and analysis of the Bids. The Bid shall be awarded to the lowest responsible and responsive Bidder whose Bid best serves the interests of and represents the best value to the City in conformity with the criteria set forth in Section 62-8 of the City Code. No Notice of Award will be given until the City has concluded any investigation(s) as they deem necessary to establish the Bidder’s capability to perform the Services as described in this RFP, ITB, RFQ or ITQ, as substantiated by the required professional experience, client references, technical knowledge and qualifications; and sufficient labor and equipment to comply with the City’s established standards, as well as the financial capability of the Bidder to perform the Work in accordance with the Contract Documents to the satisfaction of the City within the time prescribed. The City reserves the right to reject the Bid of any Bidders on the basis of these queries and investigations and who does not meet the City’s satisfaction, even though the firm may be the lowest dollars and cents Bid. In analyzing Bids, the City will also take into consideration client references, past work experience and work product, proven ability to satisfactorily perform. If the Contract is awarded, the City will issue the Notice of Award and give the successful Bidders a Contract for execution within ninety (90) days after opening of Bids. The City specifically reserves the right to award the contract to a Bidder who is not necessarily the lowest dollars and cents Bidders on the basis of the results of these queries and investigation(s). 1.32 EXECUTION OF AGREEMENT: At least four counterparts of the Agreement, the Performance Bond, the Certificates of Insurance and such other Documents as required by the Contract Documents shall be executed and delivered by Bidder to the City within ten (10) calendar days of receipt of the Notice of Award. 1.33 LAWS AND REGULATIONS: The Bidder will give all notices and comply with all laws, ordinances, rules and regulations applicable to the Work. If the Bidder observes that the Specifications are at variance therewith, they will give the City prompt written notice thereof, and any necessary changes shall be adjusted by an appropriate modification. If the Bidder performs any Work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the City, they will bear all costs arising wherefrom. 1.34 TAXES: The City of Sunny Isles Beach is exempt from sales tax imposed by the State and/or Federal Government. Florida Sales Tax Exemption No. 85-8012694687C-4 appears on each purchase order. Exemption certificates are available upon request. 1.35 DUTY TO DEFEND, INDEMNIFY AND SAVE HARMLESS: In consideration of the separate sum of twenty-five dollars ($25.00) and other valuable consideration, the Bidder shall defend, indemnify and hold harmless the City, its officers, agents and employees, from or on account of any injuries or damages, received or sustained by any person or persons during or on account of any operations connected with the Work described in the Contract Documents, or by or in consequence of any negligence in connection with the same; or by use of any improper materials or by or on account of any act or omission of the said Bidder or his Sub-Bidder, agents, servants or City of Sunny Isles Beach | Invitation to Bid No. 16-08-01 8 employees. The Bidder will defend, indemnify and hold harmless the City and their agents or employees from and against all claims, damages, losses and expenses including attorneys' fees arising out of or resulting from the performance of the Work, provided that any such claim damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than Work itself) including the loss of use resulting wherefrom and (b) is caused in whole or in part by any negligent act or omission of the Bidder, Sub-Bidder, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused by a party indemnified hereunder. In the event that a court of competent jurisdiction determines that Sec. 725.06 (2), F.S. is applicable to this Work, then in lieu of the above provisions of this section the parties agree that Bidder shall indemnify, defend and hold harmless the City, their officers and employees, to the fullest extent authorized by Sec. 725.06 (2) F.S., which statutory provisions shall be deemed to be incorporated herein by reference as if fully set forth herein. In the event that any action or proceeding is brought against City by reason of any such claim or demand, Bidder, upon written notice from City shall defend such action or proceeding by counsel satisfactory to City. The indemnification provided above shall obligate Bidder to defend at its own expense or to provide for such defense, at City’s option, any and all claims of liability and all suits and actions of every name and description that may be brought against City, excluding only those which allege that the injuries arose out of the sole negligence of City, which may result from the operations and activities under this Contract whether the Work be performed by Bidder, its Sub-Bidders, or by anyone directly or indirectly employed by either. 1.36 DECISIONS ON DISAGREEMENTS: The City will be the initial interpreter of the Technical Specifications. 1.37 CITY MAY TERMINATE: If the Bidder is adjudged bankrupt or insolvent, or if they make a general assignment for the benefit of their creditors, or if a trustee or receiver is appointed for the Bidder or for any of their property, or if they file a petition to take advantage of any debtor’s act, or to reorganize under bankruptcy or similar laws, or if they repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment, or if they repeatedly fail to make prompt payments to Sub-Contractors or for labor, materials or equipment or they disregard laws, ordinances, rules, regulations or orders of any public body having jurisdiction, or if they disregard the authority of the City, of if they otherwise violate any provision of, the Contract Documents, then the City may, without prejudice to any other right or remedy and after giving the Bidder and the surety ten (10) days written notice, terminate the services of the Bidder and take possession of the Project and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Bidder, and finish the Work by whatever method they may deem expedient. In such case the Bidder shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Project, including compensation for additional professional services, such excess shall be paid to the Bidder. If such costs exceed such unpaid balance, the Bidder will pay the difference to the City. Such costs incurred by the City will be determined by the City and incorporated in a Change Order. If after termination of the Bidder under this Section, it is determined by a court of competent jurisdiction for any reason that the Bidder was not in default, the rights and obligations of the City and the Bidder shall be the same as if the termination had been issued pursuant to this document. 1.37.1 Where the Bidder’s services have been so terminated by the City said termination shall not affect any rights of the City against the Bidder then existing or which may thereafter accrue. Any retention or payment of moneys by the City due the Bidder will not release the Bidder from liability. 1.37.2 Upon ten (10) days written notice to the Bidder, the City may, without cause and without prejudice to any other right or remedy, elect to terminate the Agreement. In such case, the Bidder shall be paid for all Work executed and accepted by the City as of the date of the termination. No payment shall be made for Work which has not been performed. 1.38 MISCELLANEOUS: Bidders acknowledge the following miscellaneous conditions: 1.38.1 Whenever any provision of the Contract Documents requires the giving of written notice it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to them who gives the notice. 1.38.2 The Contract Documents shall remain the property of the City. The Bidder shall have the right to keep one record set of the Contract Documents upon completion of the Project. 1.38.3 The duties and obligations imposed by these General Conditions, Special Conditions and Supplemental Conditions and the rights and remedies available hereunder, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon Bidder and those in the Special Conditions and the rights and remedies available to the City, shall be in addition to, and shall not be construed in any way as a limitation of, any rights and remedies available by law, by special guarantee or by other provisions of the Contract Documents. 1.38.4 Should the City or the Bidder suffer injury or damage to its person or property because of any error, omission, or act of the other or of any of their employees or agents or others for whose acts they are legally liable, claim shall be made in writing to the other party within a reasonable time of the first observance of such injury or damage. 1.39 WAIVER OF JURY TRIAL: City and Bidder knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, lawsuit or counterclaim based upon the Contract Documents or the performance of the Work there under. 1.40 GOVERNING LAW, VENUE AND WAIVER OF JURY TRIAL: It is agreed that this Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Florida. In the event it becomes necessary for either party to initiate legal action regarding this Agreement venue shall be in the Eleventh Judicial Circuit in and for Miami Dade County, Florida, for any claims under state law and in the Southern District of Florida, Miami Division, for any claims brought in federal court. If either party utilizes such legal action, including appeals, if necessary, to enforce this Agreement, the prevailing party shall be entitled to recover its reasonable attorney’s fees and costs at the pretrial, trial and appellate levels. Each of the parties hereto hereby knowingly, voluntarily and intentionally, waives the right which any party may have to a jury trial in respect of any action, proceeding, litigation or counterclaim based hereon or arising out of, under, on or in connection with this Agreement or any course of conduct, course of dealing, statements (whether verbal or written) or actions of either of party 1.41 PROJECT RECORDS: City shall have right to inspect and copy during regular business hours at City’s expense, the books and records and accounts of Bidder which relate in any way to the Project, and to any claim for additional compensation made by Bidder, and to conduct an audit of the financial and accounting records of Bidder which relate to the City of Sunny Isles Beach | Invitation to Bid No. 16-08-01 9 Project. Bidder shall retain and make available to City all such books and records and accounts, financial or otherwise, which relate to the Project and to any claim for a period of three years following final completion of the Project. During the Project and the three year period following final completion of the Project, Bidder shall provide City access to its books and records upon five days written notice. 1.42 SEVERABILITY: If any provision of the Contract or the application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of the Contract, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 1.43 INDEPENDENT BIDDER: The Bidder is an independent Bidder under the Contract. Services provided by the Bidder shall be by employees of the Bidder and subject to supervision by the Bidder, and not as officers, employees, or agents of the City. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures, applicable to services rendered under the Contract shall be those of the Bidder. End of Section City of Sunny Isles Beach | Invitation to Bid No. 16-08-01 10 SECTION 2 SPECIAL TERMS AND CONDITIONS 2.1 PURPOSE OF BID: The City of Sunny Isles Beach is seeking bids from qualified bidders to provide EVENT RELATED EQUIPMENT RENTAL on an as-needed basis for the City in accordance with the terms, conditions, and specifications contained in this ITB. This includes, but is not limited to: tents, tables, chairs, fans, flooring, staging, restrooms, and other event related accessories. Services are inclusive of materials and labor. 2.2 PRE-BID CONFERENCE: A Pre-Bid Conference will not be scheduled for this ITB. 2.3 CONTRACT TERM AND RENEWALS The contract will commence on the first calendar day of the month succeeding approval of the contract by the City Commission, or designee, unless otherwise stipulated in the Notice of Award letter, which is distributed by the City’s Purchasing Agent; and is contingent upon the completion and submittal of all required proposal documents. This contract shall remain in effect for three (3) years, provided that the services rendered by the proposer during the contract period are satisfactory. 2.4 RATE AND RATE ADJUSTMENTS If the proposer is awarded a contract under this solicitation, the discounts and rates proposed by the proposer shall remain fixed for the term of the contract. 2.5 MINIMUM REQUIREMENTS FOR AWARD Award of this contract will be made to the responsive and responsible vendor who meets the minimum qualifications set forth in this solicitation. Those qualifications are as follows:  Must show proof that they conduct background checks on all employees  Provide a minimum of three (3) references in which similar goods and/or services have been provided within the last two (2) years including scope of work, contact names, addresses, telephone numbers, and dates of service. A contact person shall be someone who has personal knowledge of the contractor’s performance for the specific requirement listed.  Provide a list and description of all equipment including, but not limited to, tents, tables, chairs, fans, flooring, staging, restrooms, and other event related accessories, that will be available to complete work as outlined in the Scope of Work. City of Sunny Isles Beach | Invitation to Bid No. 16-08-01 11  Provide a flat rate for labor and delivery, if applicable.  Meet insurance requirements as listed in section 2.9 2.6 METHOD OF AWARD Award shall be made in accordance with Section 1.31 of this ITB. 2.7 PERFORMANCE BOND The City of Sunny Isles Beach shall not require the successful Bidder to furnish a Performance Bond. 2.8 BID BOND The City of Sunny Isles Beach shall not require a bid bond. 2.9 INSURANCE 2.9.1 Comprehensive General Liability Insurance Comprehensive General Liability with minimum limits of One Million Dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be offered in a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and shall specifically include the following with minimum limits not less than those required for Bodily Injury Liability and Property Damage Liability:  Premises and Operation;  Independent Contractors;  Products and/or Completed Operations Hazard;  Broad Form Property Damage;  Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement.  Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. 2.9.2 Business Automobile Liability Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: City of Sunny Isles Beach | Invitation to Bid No. 16-08-01 12  Owned Vehicles;  Hired and Non-Owned Vehicles;  Employers’ Non-City ship. Before starting the Services, the Bidder will file and make sure that all certificates of insurance required by this document and by the Contract are in the City’s possession. These certificates shall contain a provision that the coverage afforded under the policies will not be canceled or materially changed until at least thirty (30) days prior written notice has been given to the City by certified mail. The City shall be named as an additional insured on the above-referenced policies. 2.9.3 Worker’s Compensation Insurance Worker's Compensation Insurance for statutory obligations imposed by Worker's Compensation or Occupational Disease Laws, including, where applicable, the United States Longshoremen's and Harbor Worker's Act, the Federal Employers’ Liability Act and the Homes Act. Employer's Liability Insurance shall be provided with a minimum of One Hundred Thousand and 00/100 dollars ($100,000.00) per accident. Bidder agrees to be responsible for the employment, conduct and control of its employees and for any injury sustained by such employees in the course of their employment 2.9.4 Cancellation and Re-Insurance If any insurance should be cancelled or changed by the insurance company or should any insurance expire during the period of this contract, the Consultant shall be responsible for securing other acceptable insurance to provide the coverage specified in thi s section to maintain coverage during the life of this Contract. All deductibles must be declared by the Bidder and must be approved by the City. At the option of the City, either the Bidder shall eliminate or reduce such deductible or the Bidder shall procure a Bond, in a form satisfactory to the City, covering the same. NOTE: THE CITY OF SUNNY ISLES BEACH, CONTRACT NUMBER AND TITLE MUST APPEAR ON EACH CERTIFICATE OF INSURANCE. 2.10 RESPONSIBILITY OF VENDOR, BACKGROUND CHECK & FINGERPRINTING The Vendor shall be responsible for hiring the necessary personnel to conduct the daily operation of the services and will comply with all federal, state, and local laws related to minimum wage, social security, nondiscrimination, Americans with Disabilities act (“ADA”), unemployment compensation, and workers’ compensation. The Vendor and all personnel employed by them shall be required, at their sole cost and expense, to pass a criminal background check prior to award of the contract, and every renewal term. The Criminal background check shall consist of a Florida Department of Law Enforcement ("FDLE") Florida Crime Information Center National Crime Information Center ("FCIC/NCIC") criminal records check. Any employee not meeting this requirement will not be permitted to work City of Sunny Isles Beach | Invitation to Bid No. 16-08-01 13 under this Agreement. The successful Bidder shall be required to co-ordinate the criminal background checks by contacting the City’s Human Resources Office at 305-792-1708. NOTE: Vendor employees shall not be cleared by the City to provide services under this Agreement nor allowed on City property until the entire background check and fingerprint scanning have been completed, and such proof is provided to the City. 2.11 INVOICES Invoices shall be provided in accordance with Section 1.13 of the General Terms and Conditions of this ITB. The City agrees to pay vendor a deposit equal to 50% of the compensation prior to the event to secure the order, if required by the vendor. The re maining balance of 50% will be paid by City to Vendor within ten (10) business days of receipt of the final invoice and/or conclusion of the event, whichever is later. Invoices shall be supported with detailed information as requested by the City and mailed to: City of Sunny Isles Beach Accounts Payable 18070 Collins Ave., 4th Floor Sunny Isles Beach, FL 33106 2.12 COMPLIANCE WITH FEDERAL STANDARDS All items to be purchased and utilized in the performance of this contract shall be in accordance with all governmental standards, to include, but not be limited to, those issued by the Occupational Safety and Health Administration (OSHA), the National Institute of Occupational Safety Hazards (NIOSH), and the National Fire Protection Association (NFPA). 2.13 PENALTIES The successful Bidder should take pride in the quality of work provided, therefore The City of Sunny Isles Beach plans to implement a strike system that will result in a penalty fine when an issue is brought to the Vendor’s attention and the issue continues to occur. The first time an issue occurs the Vendor will be notified in writing and the issue must be corrected within 48 hours of receipt of notice. The second offense also will be documented in writing and a meeti ng will take place between the Vendor’s representative and the City representative to discuss the current and past infractions. At the time of the meeting the Vendor will be required to present a written corrective action plan to address the City’s concern and how they plan to correct t he issue within 48 hours of the meeting. The third violation for the same issue shall result in a penalty of $200.00 each time the same problem reoccurs. This i nformation shall remain in the Vendor file and will be taken into account when it comes time to renew a contract. END OF SECTION City of Sunny Isles Beach | Invitation to Bid No. 16-08-01 14 SECTION 3 SCOPE OF SERVICES 3.1 SCOPE OF SERVICES It is the intent of this Invitation to Bid to select a qualified vendor to provide various event related equipment on a temporary basis for the City’s special events, programs, or other events, as they arise. Prompt and timely delivery/set up and tear down are required as well as cooperation with City staff. The vendor shall provide all labor, transportation, equipment, and materials for the delivery, proper set up and take down, and removal of all rented equipment. This equipment shall be utilized for the City sponsored events to be located in the designated locations. 3.2 EQUIPMENT Installation location varies based on event. Surfaces include, but are not limited to, artificial turf, grass, and streets. Stakes are not permitted under any circumstances. It shall be the responsibility of the vendor to deliver the equipment in a good, clean condition and to maintain and repair any damages to the equipment during the rental period. Broken, damaged or equipment delivered in poor condition will not be accepted by the City. Replacement equipment must be delivered within two (2) hours. 3.3 COMPANY REPRESENTATIVE There must be an agent or supervisor on call who can be reached by phone in case equipment problems arise after delivery and afterhours. Supervisor or agent must respond within fifteen (15) minutes of initial call and corrections made or replacement of equipment delivered within two (2) hours of initial call. Time of delivery, installation, and pick up must be coordinated through assigned City staff. Delivery, installation, and pickup of all items must be supervised by City staff. END OF SECTION City of Sunny Isles Beach | Invitation to Bid No. 16-08-01 15 SECTION 4 BID SUBMITTAL INSTRUCTIONS & FORMS BID DATES & TIMES Bid Issuance ........................................................... 08/05/2016 Questions Due ........................................... 08/12/2016 5:00pm Bids Due & Bid Opening.............................. 08/23/2016 2:30pm BID PACKET Bidders must submit the completed Bid Forms, Bond & Affidavits and in the following order: Bid Form 1 ................................................................. Bid Cover Bid Form 2 ....................................... Addenda Acknowledgement Bid Form 3 ................................................................ Bid Pricing Affidavit ............................................................... Non-Collusion Affidavit ...................................................... Public Entity Crimes Affidavit ............................. Equal Opportunity/Affirmative Action Affidavit ........................................................ Conflict of Interest Affidavit ........................................................ Dispute Disclosure Affidavit ................................................................ Anti-Kickback BID SUBMITTAL Submit one original and four (4) copies in a sealed envelope addressed to the City Clerk at: Attn: City Clerk City of Sunny Isles Beach 18070 Collins Ave., 4th Floor Sunny Isles Beach, FL 33160 The sealed envelope must clearly state: IMPORTANT, BID ENCLOSED Bid No. 16-08-01 EVENT RELATED EQUIPMENT RENTAL OPENING DATE AND TIME: Tuesday, 08/23/2016 at 2:30 PM City of Sunny Isles Beach | Invitation to Bid No. 16-08-01 16 BID FORM 1 BID COVER Bid Title: EVENT RELATED EQUIPMENT RENTAL The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with The City of Sunny Isles Beach to perform and furnish all Services as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. The Bidder accepts all of the terms and conditions of this Invitation to Bid and Instructions to Bidders. This Bid will remain subject to acceptance for 90 days after the day of Bid opening. The Bidder agrees to sign and submit the Agreement with other documents required by the Bidding Requirements within ten days after the date of the City’s Notice of Award. In submitting this Bid, the Bidder represents, as more fully set forth in the Agreement, that:  The Bidder has familiarized himself/herself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Law and Regulations that in any manner may affect cost, progress, performance, or furnishing of the Work.  The Bidder has given the City written notice of all conflicts, errors, discrepancies that it has discovered in the Contract Documents and the written resolution thereof by City is acceptable to the Bidder.  This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; the Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; the Bidder has not solicited or induced any person, firm or corporation to refrain from Bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidders or over the City. Exact Legal Company Name: __________________________________________ Business Name (dba), if any: __________________________________________ Street Address: _____________________________________________________ Mailing Address (if different): ____________________________________________ Telephone No.: _____________________________________________________ Fax No.: ___________________________________________________________ City of Sunny Isles Beach | Invitation to Bid No. 16-08-01 17 Email Address: ______________________________________________________ FEIN No.: __________________________________________________________ *By signing this document the bidder agrees to all Terms Authorized Signature: ________________________________________________ Print Name: ________________________________________________________ Title: ______________________________________________________________ THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF BIDDER TO BE BOUND BY THE TERMS OF ITS PROPOSAL. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED ABOVE BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE PROPOSAL NON- RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY PROPOSAL THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE BIDDER TO THE TERMS OF ITS OFFER. City of Sunny Isles Beach | Invitation to Bid No. 16-08-01 18 BID FORM 2 ADDENDA ACKNOWLEDGEMENT INSTRUCTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES PART I: LIST BELOW ARE THE DATES OF ISSUE FOR EACH ADDENDUM RECEIVED IN CONNECTION WITH THIS BID Addendum #1, Dated Addendum #2, Dated Addendum #3, Dated Addendum #4, Dated Addendum #5, Dated Addendum #6, Dated Addendum #7, Dated Addendum #8, Dated PART II: NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID COMPANY NAME: _____________________________________________________________________ AUTHORIZED SIGNATURE: _______________________________ DATE: _______________________ TITLE OF OFFICER: ______________________________________ City of Sunny Isles Beach | Invitation to Bid No. 16-08-01 19 BID FORM 3 BID PRICING & AVAILABLE INVENTORY Item Description Width (Size FT) Length (Size FT) Square Feet Cost per Item Quantity in Inventory (available for City usage) Example: Tent 20’x28’ pole tent 20’ 28’ 560 $xx.xx xx Please duplicate as needed or provide Excel spreadsheet of Bid Form 3 data in this columnar format. City of Sunny Isles Beach | Invitation to Bid No. 16-08-01 20 AFFIDAVITS