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HomeMy WebLinkAboutReso 2008-1298 RESOLUTION NO. 2008 - 1")",,99 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AWARDING BID NO. 08-06-02 TO AND ENTERING INTO AN AGREEMENT WITH STOCKTON MAINTENANCE GROUP, INC., FOR JANITORIAL MAINTENANCE SERVICES, IN AN ANNUAL AMOUNT NOT TO EXCEED ONE HUNDRED THIRTY THOUSAND DOLLARS ($130,000.00) FOR THREE (3) YEARS WITH AN OPTION OF TWO (2) MUTUALLY AGREEABLE RENEWAL TERMS OF THREE (3) YEARS EACH, IN SUBSTANTIALLY THE SAME FORM AS THE AGREEMENT ATTACHED HERETO AS EXHIBIT "A", PROVIDING THAT ANY CHANGES ARE APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY THE CITY ATTORNEY, BASED ON THE PRICING, TERMS, AND CONDITIONS LISTED IN THE BID RESPONSE, ATTACHED HERETO AS EXHIBIT "B"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THIS AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach is in need of a qualified contractor for janitorial maintenance services for its facilities; and WHEREAS, the City issued and advertised Bid No. 08-06-02, for Janitorial Maintenance Services, for which seven (7) responses were received; and WHEREAS, staff, based on a careful review of the line items and consideration for the Contractor's reputation, has determined that the bid response from Stockton Maintenance Group, Inc, attached hereto as Exhibit "B", is the lowest responsible responsive bid; and WHEREAS, the City wishes to award Bid No. 08-06-02 to and enter into an agreement with Stockton Maintenance Group, Inc. to provide Janitorial Maintenance Services on a unit price basis, in an annual amount not to exceed One Hundred Thirty Thousand Dollars ($130,000.00), for three (3) years with an option of two (2) mutually agreeable written renewals of three (3) years each, in substantially the same form as the agreement attached hereto as Exhibit "A". NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Incorporation of Recitals. The recitals set forth in this resolution are incorporated herein by reference as if fully set forth herein. Section 2. Award of Bid and Approval of Agreement. The City Commission hereby awards Bid No. 08-06-02 to and enters into an agreement with Stockton Maintenance Group, Inc. to provide Janitorial Maintenance Services on a unit price basis, in an annual amount not to exceed One Hundred Thirty Thousand Dollars ($130,000.00) for three (3) years with an option of two (2) R2008- Stockton Maintenance Janitorial Srvs (Bid 08-06-02) Page I of2 mutually agreeable written renewals of three (3) years each, in substantially the same form as the agreement attached hereto as Exhibit "A", provided that agreement is approved as to form and legal sufficiency by the City Attorney, based on the pricing, terms, and conditions listed in the bid response, attached hereto as Exhibit "B". Section 3. Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement. Section 4. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate the terms of this Agreement. Section 5. Effective Date. This Resolution will become effective upon adoption. ATTEST: ~(NA~ Jane A. Hines, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~A...AA.. ~~ FtP,o. Hans Ottinot, City Attorney Moved by: ~~ CDOO\)YnA'1V Seconded by: V \0 ~ 0" T~:P\i..~ Vote: S-b Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Scholl ~(Yes) V(Yes) V (Yes) V (Yes) -VCYes) (No) _(No) _(No) _(No) _(No) R2008- Stockton Maintenance Janitorial Srvs (Bid 08-06-02) Page 2 of2 Of SUt-l CITY OF SUNNY ISLES BEACH JANITORIAL MAINTENANCE SERVICES AGREEMENT WITH STOCKTON MAINTENANCE GROUP INC. CONTRACT NO: C0708-078 THIS SERVICE AGREEMENT ("Agreement") made and entered into this11..~ay of Wly 2008, by and between the CITY OF SUNNY ISLES BEACH, FLORIDA, a municipal corporation of the State of Florida (hereinafter referred as to "City"), and STOCKTON MAINTENANCE GROUP INC., a Florida corporation, authorized to do business in the State of Florida (hereinafter referred to as "Contractor"). RECIT ALS WHEREAS, in response to the City's Invitation to Bid No.: 08-06-02 for janitorial maintenance services for all City facilities, the City determined that the Contractor was the lowest responsible responsive bidder; and WHEREAS, the City desires to award Bid No.: 08-06-02 to Contractor in an amount not to exceed One Hundred Thirty Thousand Dollars ($130,000.00); and WHEREAS, the City Code requires that all purchases for goods and/or services in excess of $1 0,000.00 be approved by the City Commission. NOW THEREFORE, in consideration of the foregoing and for the mutual covenants, representations and warranties and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1.1. RECIT ALS. The Recitals set forth above are hereby incorporated into this Agreement and made a part hereof for reference. 1.2. SERVICES. Contractor shall provide janitorial maintenance services for all City facilities, as more particularly described in the contract documents referenced in Bid No. 08-06- 02, incorporated herein by reference. 1.3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth hereunder, this Agreement shall be for a term of three (3) years with two (2) options to renew this Agreement for three (3) years each, and shall commence upon execution by both parties and the issuance of a Notice to Proceed. In the event both the City and Contractor agree and elect to exercise its option to renew, Contractor agrees to charge an amount not to exceed One Hundred Thirty Thousand Dollars ($130,000.00) per year. ~ ',.., I I · 1.4. COMPENSA TION. Payment to Contractor for all charges under this Agreement shall be in accordance with this Agreement and shall not exceed One Hundred Thirty Thousand Dollars ($130,000.00) per year. Contractor shall submit invoices, on a monthly basis, by the 22nd day of each month. Should the 22nd fall on a weekend or a holiday, Contractor shall submit his invoice on the next business day. City shall pay Contractor only for Services actually performed. The Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Contractor. 1.5. AVAILABILITY OF FUNDS. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. 1.6. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an independent contractor and shall be treated as such for all purposes. Nothing contained in this Agreement or any action of the parties shall be construed to constitute or to render the Contractor an employee, partner, agent, shareholder, officer or in any other capacity other than as an independent contractor other than those obligations which have been or shall have been undertaken by the City. Contractor shall be responsible for any and all of its own expenses in performing its duties as contemplated under this Agreement. The City shall not be responsible for any expense incurred by the Contractor. The City shall have no duty to withhold any Federal income taxes or pay Social Security services and that such obligations shall be that of the Contractor, other than those set forth in this Agreement. Contractor shall furnish its own transportation, office and other supplies as it determines necessary in carrying out its duties under this Agreement. 1.7. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. All documents prepared by the Contractor pursuant to this Agreement and related Services to this Agreement are intended and represented for the ownership of the City only. Any other use by Contractor or other parties shall be approved in writing by the City. If requested, Contractor shall deliver the documents to the City within fifteen (15) calendar days. 1.8. INDEMNIFICATION. Contractor agrees to indemnify and hold harmless, the City, its officers, agents, and employees from, and against, any and all claims, actions, liabilities, losses and expenses including, but not limited to, attorney's fees for personal, economic or bodily injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or may be alleged to have risen from the negligent acts, errors, omissions or other wrongful conduct of the Contractor, agents or other personal entity acting under Contractor's control in connection with the Contractor's performance of Services pursuant to that Agreement and to that extent the Contractor shall pay such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses including wrongful termination or allegations of discrimination or harassment, and shall pay all costs and attorneys' fees expended by the City in defense of such claims and losses including appeals. The parties agree that ten percent (10%) of the total compensation is a specific consideration from the City to the Contractor for this indemnity. C0708-078 STOCKTON MAINTENANCE GROUP INC. AGREEMENT 2 Contractor shall, at its own sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum insurance coverage to protect the City and Contractor against all loss, claims, damage and liabilities caused by Contractor, its agents, Contractor's or employees, as more particularly set forth below: Comprehensive General and Umbrella liability insurance, including broad form contractual liability coverage for all operations, including but not limited to, contractual, products, and completed operations, personal injury and property damage liability, which when combined has minimum limits coverage of Four Million Dollars ($4,000,000). Worker's compensation insurance at the statutory amount to apply for all employees in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws. In addition, the policy(ies) must include employers' Liability at the statutory coverage amount. The Contractor shall further insure that all of its Sub-Contractors maintain appropriate levels of worker's compensation insurance. Business Automobile Liability which shall include coverage for all owned, non-owned and hired vehicles for minimum limits of not less than One Million Dollars ($1,000,000) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Such insurance shall not diminish Contractor's indemnification obligations hereunder. The insurance policy shall be issued by such company, in such forms and with such limits of liability and deductibles as are acceptable to the City and shall be endorsed to be primary over any insurance, which the City may maintain. Prior to the execution of this Agreement, and at any time upon request, Contractor shall furnish to the City certificates of insurance evidencing the minimum required coverage and appropriately endorsed for contractual liability with the City named as an additional insured. All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms and issued by insurance companies acceptable to the City's Risk Management Department. All insurance policies and certificates of insurance shall provide that the policies may not be canceled or altered without thirty (30) calendar days prior to written notice to the City's Risk Management Department. The City reserves the right from time to time to change the insurance coverage and limits of liability required to be maintained by Contractor hereunder. 1.9. TERMINATION. If, through any cause within reasonable control, the Contractor shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations material to this Agreement, the City shall have the right to terminate the Services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify the Contractor of its violation of the particular terms of the Agreement and grant Contractor ten (10) C0708-0n STOCKTON MAINTENANCE GROUP INC. AGREEMENT 3 days to cure such default. If the default remains uncured after ten (10) days the City may terminate this Agreement. In the event of termination, all finished and unfinished documents, data and other work product prepared by Contractor (and sub Contractor(s)) shall be delivered to the City and the City shall compensate the Contractor for all Services satisfactorily performed prior to the date of termination, as provided in Paragraph 1.4 herein. Notwithstanding the foregoing, the Contractor shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the Agreement by Contractor and the City may reasonably withhold payment to CO!ltractor for the purposes of set-off until such time as the exact amount of damages due the City from the Contractor is determined. Termination for Convenience of City. The City may, for its convenience and without cause terminate the Services then remaining to be performed at any time by giving Contractor ten (10) days written notice. Termination for Insolvency. The City also reserves the right to terminate the remaining Services to be performed in the event the Contractor is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. 1.10. ARBITRATION. It is the intention of the parties that whenever possible, if a dispute or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in accordance with the procedures, rules and regulations of the American Arbitration Association. The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration shall be held in Miami-Dade County, Florida. All costs of arbitration and attorneys' fees incurred by the parties shall be paid by the non-prevailing party or, if neither party prevails on the whole, each party shall be responsible for a portion of the costs of arbitration and their respective attorneys' fees as may be determined by the court on confirmation. 1.11. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of this Agreement or any time for a period of TEN (10) years subsequent to that date upon which the Contractor shall leave the employment of the City for any reason whatsoever, disclose to any person or entity, other than in the discharge of the duties of the Contractor under this Agreement, any information which the City designates in writing as "confidential." As a violation by the Contractor of the provisions of this Section could cause irreparable injury to the City and there is no adequate remedy at law for such violation, the City shall have the right, in addition to any other remedies available to it at law or in equity, to enjoin the Contractor in a court of equity for violating such provisions. 1.12. BACKGROUND CHECK. A criminal background check will be required for any employee of the Contractor performing janitorial services at City facilities under this Agreement. The Contractor shall provide sufficient proof to the City that they performed criminal background checks on all employees designated to work at the City facilities. The Contractor C0708-078 STOCKTON MAINTENANCE GROUP INC. AGREEMENT 4 shall further provide sufficient proof that no employee designated to work at City facilities has a criminal felony conviction. The Contractor shall ensure that only their properly designated employees listed with the City Manager be permitted on City premises. In the event the designated employees are removed by the Contractor, the Contractor shall immediately notify the City Manager. 1.13. NOTICES: All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service), addressed to such party as follows: If to the City: A. John Szerlag With a copy to: City Manager Hans Ottinot City of Sunny Isles Beach City Attorney 18070 Collins A venue City of Sunny Isles Beach Fourth Floor 18070 Collins A venue Sunny Isles Beach, Florida 33160 Fourth Floor Ph: 305-792-1701 Sunny Isles Beach, Florida 33160 Ph: 305-792-1702 If to the Contractor: Douglas S. Riordan, President Stockton Maintenance Group Inc. 1975 Sansburys Way Ste. 116 West Palm Beach, Florida 33411 1.14. GOVERNING LA W. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue shall be in Miami-Dade County, Florida. 1.15. AUDIT. The Contractor shall make available to the City or its representative all required financial records associated with the Agreement for a period of THREE (3) years. 1.16. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11248 as amended by Executive Orders 11375 and 12086. The Contractor will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital/familial status, or status with regard to public assistance. The Contractor will take affirmative action to insure that all employment practices are free from such discrimination. C0708-078 STOCKTON MAINTENANCE GROUP INC. AGREEMENT 5 Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of payor other forms of compensation, and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non- discrimination clause. The Contractor agrees to comply with any Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.c. 708), which prohibits discrimination against the handicapped in any Federally assisted program. 1.17. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by the Miami-Dade County Conflict of Interest Ordinance Section 2-11.1, as amended and by the City of Sunny Isles Beach Ordinance No. 99-82, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirectly which should conflict in any manner or degree with the performance of the Services. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be employed by the Contractor. No member of, or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefits arising there from. 1.18. CONFLICTING PROVISIONS. The terms and conditions in this Agreement supersede any other conflicting provisions that are contained in any other document. 1.19. ENTIRE AGREEMENT. This Agreement and the contract documents referenced in Bid No. 08-06-02, which are expressly incorporated herein by reference, contain the entire agreement of the parties, and may be amended, waived, changed, modified, extended or rescinded only by a writing signed by the party against whom any such amendment, waiver, change, modification, extension and/or rescission is sought. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate on the day and year first written above. STOCKTON MAINTENANCE :~~ Douglas. Riordan, President WITNESSES: Q;JW~ (~ ~j~Y- Print Name C0708-078 STOCKTON MAINTENANCE GROUP INC. AGREEMENT 6 CITY OF SUNNY ISLES BEACH ATTEST: By~.ffi li ~ .J1ry, Jane A. Hines, CMC, City Cle~k ' APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY:~./I/v ~ ~ "". Hans Ottinot, City Attorney C0708-078 STOCKTON MAINTENANCE GROUP INC. AGREEMENT 7 JANITORIAL MAINTENANCE SERVICES BID SPECIFICATIONS Invitation to Bid No. 08-06-02 OF SU~ Publish Date: May 20, 2008 Mandatory Pre-Bid Conference: June 10, 2008 at 10:00 AM Bid Due and Bid Opening Date: June 24, 2008 at 4:00 PM Sunny Isles Beach Government Center 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Exhibit "B" , \ , v\..; SECTION 2 LEGAL ADVERTISEMENT NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN that the City of Sunny Isles Beach is seeking sealed bids for the following work as specified. JANITORIAL MAINTENANCE SERVICES Invitation to Bid No. 08-06-02 The Bid Specifications for this Invitation to Bid are available from DemandStar by calling (800) 711-1712 or by accessing their website at www.demandstar.com. The Bid Specifications may also be examined at the City of Sunny Isles Beach - Office of the City Clerk. Vendors who obtain the Bid Specifications 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 days prior to the submittal date to ali vendors who are listed on the official list. The City may not accept incomplete proposals. Bids shall be on a unit price basis; segregated bids will not be accepted. Sealed bids will be received by the City Clerk no later than 4:00 PM, on Tuesday, June 24, 2008 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: "IMPORTANT, BID ENCLOSED" Bid No. 08-06-02 JANITORIAL MAINTENANCE SERVICES OPENING DATE AND TIME: June 24, 2008 at 4:00 PM Bid security in the amount of five percent (5%) of the TOTAL BID must accompany the Bid in accordance with the Instructions to Bidders. A MANDATORY Pre-Bid Conference for all potential Bidders is set for 10:00 A.M. on June 10, 2008 in the First Floor Conference Room at the City of Sunny Isles Beach, Sunny Isles Beach Governmental Center located at 18070 Collins Avenue, Sunny Isles Beach, Florida 33160. The Owner 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 the Owner. 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. Price is only a factor in determining the lowest responsible and responsive bidder. For purposes of this section, the term lowest responsible and responsive bidder is not necessarily the bidder with the lowest dollars and cents bid. The City Manager or the City Commission may select a bidder whose bid is not the lowest dollars and cents bid if the award is based on the criteria set forth in Section 62-8 of the City Code. All questions regarding this Invitation to Bid are to be directed in writina onlv to Rick Conner, Engineering & Public Works Director, using email address:rconner@sibfi.net. Any questions or clarifications concerning the Bid Specifications must be made to Rick Conner - Engineering & Public Works Director, in writing, at least five (5) business days prior to the date of the Bid opening. Jane Hines, CMC, City Clerk City of Sunny Isles Beach Publish Date: May 20, 2008 END OF SECTION '..,; PAGE 3 OF 78 SECTION 3 INSTRUCTIONS TO BIDDERS TO INSURE ACCEPTANCE OF YOUR BID, PLEASE FOLLOW THESE INSTRUCTIONS: 3.1. Purpose of Bid: The City of Sunny Isles Beach (the "City") intends to secure the services of a qualified janitorial contractor for facilities maintenance for three years with an option of two mutually agreeable written renewals of three years each (Le. base contract of 3 years + one option of 3 years + one option of 3 years = 9 years total). It is the intent of this bid document that all work shall result in compliance with the specification documents and all regulatory requirements applicable to such project. It is the intent of the City to award this Contract 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. Price is only a factor in determining the lowest responsible and responsive bidder and the City Manager or the City Commission may select a bidder whose bid is not the lowest dollars and cents bid if the award is based on the criteria set forth in Section 62-8 of the City Code. 3.2. Pre-Bid Conference: A mandatory Pre-Bid Conference is scheduled for the time and location shown in Section 2. It is mandatory that all Bidders attend the pre-bid conference. Bids will not be accepted from Bidders who did not attend the pre-bid conference. No pleas of ignorance by the Bidder of conditions that exist, or that may hereinafter exist as a result of failure to make the necessary examinations or investigations or failure to fulfill in every detail the requirements of the contract documents, will be accepted as basis for varying the requirements of the City of Sunny Isles Beach or the compensation of the Bidder. 3.3. Clarification/Explanation/Questions: Any questions concerning the Bid Specifications or any required need for clarification must be made to Rick Conner - Engineering & Public Works Director, in writing, at least five (5) business days prior to the date of the Bid opening. Interpretations or clarifications considered necessary by Rick Conner, Engineering & Public Works Director, in response to such questions will be issued by addenda and posted/disseminated by DemandStar (www.de!T!anastar.com) to all parties listed on the official plan holders' list as having received the bidding 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 Bidder from submitting their Bid on the required date and time as publicly noted. 3.4. Plan holder's List: As a convenience to vendors, the City of Sunny Isles Beach has made available via internet lists of all planholders for each invitation to bid, request for proposal, and request for qualifications. The information is available on-line at www.dem<J_Ddsti3r.cofn or by calling the Office of the City Clerk at (305) 792-1703. 3.5. 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. 3.6. 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 PAGE 4 OF 78 Isles Beach using the Florida Relay Service which can be reached at 1(800) 955-8771 (TDD). 3.7. 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 Contractor, 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". 3.8. Bid Deadline: Bids must be submitted no later than the time and date shown in Section 2 of this document. 3.9. 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 Invitation to Bid must be executed) and this envelope must be sealed. This sealed envelope must then be sealed in a SEPARATE shipping envelope (EVEN IF THE BID IS HAND DELIVERED). This outer shipping envelope should be addressed as follows: IMPORTANT, SEPERATELY PACKAGED SEALED BID ENCLOSED City of Sunny Isles Beach - Office of the City Clerk - Fourth Floor 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Bidders shall use the Bid forms furnished in this Invitation to Bid. Failure to do so may cause the Bid to be rejected. Bidder shall deliver to the City, as Bid submission: 3.9.1 Bid Response Sheet and Forms: One (1) original and four (4) copies of all Bid forms and other requested information on the proper forms and in the manner herein prescribed. 3.9.2 Bid Security/Bonding Requirements: Bid Security in the form of a cashier's check or approved Bid Bond in the amount of five percent (5%) of the total amount of the base bid must be attached to the front inside cover of the Bid Specifications. A company or personal check shall not be deemed a valid Bid Security. 3.9.3 Certificates of Competencies/Licenses/Local Business Tax Receipt: Copies of ail Certificates of Competencies, Licenses, and Local Business Tax Receipt. 3.9.4 Certificate(s) Of Insurance(s): Copies of all Certificates of Insurance naming the City as an additional insured in the amounts specified in the Contract. 3.10. 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 bidder prior to the opening must be initialed and dated by the bidder. 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. 3.11. Withdrawal of Bids: Bidders may withdraw bids only by written, request prior to the bid opening time. Negligence on the part of the Bidder in preparing the Bid confers no right for the withdrawal of the bid after it has been opened. 3.12. Bid Opening: Bids will be opened publicly at the time and place stated in the Notice to Bidders. It is the responsibility of the bidder to insure that the bid reaches the Office of the City Clerk on or before the closing hour and date stated on the invitation to bid. 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 PAGE 5 OF 78 considered and will not be returned. 3.13. Evaluation of Bids: The City, at its sole discretion, reserves the right to inspect any/all Bidder's facilities to determine their capability of meeting the requirements for the Contract. Also, price, responsibility, and responsiveness of the Bidder, 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. 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 criteria set forth in Section 62-8 of the City Code. Pirce is only a factor in determining the lowest responsible and responsive bidder. The term lowest responsible and responsible bidder is not necessarily the bidder with the lowest dollars and cents bid. The City Manager or the City Commission may select a bidder whose bid is not the lowest dollars and cents bid if the award is based on the criteria set forth in Section 62-8 of the City Code. 3.13.1. Hold Harmless: Ail 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. 3.13.2. Cancellation: Failure on the part of the Bidder to comply with the conditions, specifications, requirements, and terms as determined by the City, shall be just cause for cancellation of the Award. 3.13.3. 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 Contractor, which shall be binding on both parties. 3.14. Award of Bids: The staff will review the Bids based on the bid price, the capacity, ability and skill of the Bidder to perform the work, the past performance of the Bidder, and the proximity of the Bidder's facilities to the City of Sunny. The City of Sunny Isles Beach reserves the right to accept or reject any and/or all bids or parts of bids, to waive any informality, irregularities, or technicalities, to re-advertise for bids, or take any other actions that may be deemed to be in the best interests of the City. The City also reserves the right to award the Contract on a split order basis, group by group, or item by item, or such combination as will best serve the interests of the City, unless otherwise stated. The City also reserves the right to waive minor variations to the specifications (interpretation of such to be made by the applicable department personnel). In addition, each bidder agrees to waive any claim it has or may have against the City, and the respective employees, arising out of or in connection with the administration, evaluation, or recommendation of any bid. Final determination and award of Bid(s) shall be made by the City Commission. Notice of intended award is provided through an agenda item to the City of Sunny Isles Beach Commission containing a recommendation of award. The agenda for each meeting of the City of Sunny Isles Beach Commission is available on the City website at www.sibfl.net. 3.15. 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. Procurement of contractual services shall be evidenced by a written Agreement in substantially the same form as the Agreement incorporated herein as Section 14. 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 and Payment Bond. The Bidder who has the Contract awarded to them and who fails to execute the Agreement and furnish the Performance and Payment Bonds 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 PAGE 6 OF 78 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. 3.16. Performance and Payment Bond: The City of Sunny Isles Beach shall require the successful Bidder to furnish a Performance Bond and Payment Bond, each, in the amount of 100% of the total Bid Price, with the City of Sunny Isles Beach as the Obligee, as security for the faithful performance of the Contract and for the payment of all persons performing labor or furnishing materials in connection herewith within ten (10) calendar days after notification of the award by the City. The bonds shall be with a surety company authorized to do business in the State of Florida. 3.17. Price, Terms, and Conditions: Bidder warrants that this Bid will be firm for a period of ninety (90) days from the date of the Bid opening unless otherwise stated in the Bid Form. Incomplete, unresponsive, irresponsible, vague, or ambiguous responses to the invitations to Bid will be cause for rejection, as determined by the City. Prices should be stated in units of quantity specified in the Bid Form. In case of a discrepancy, the City reserves the right to make the final determination at the lowest net cost to the City. Bidders are expected to examine the specifications, delivery schedule, bid prices and extensions and all general and special conditions of the bid prior to the submission. In case of an error in price extension, the unit price(s) will govern. Bidders are responsible for checking their calculations. Failure to do so will be at the Bidder's risk, and errors will not release the Bidder from their responsibility as noted herein. 3.18. Independent Contractor Status: The contractor shall at all times, relevant to this contract, be an independent contractor and in no event shall the Contractor nor any employees or sub-contractors under it be considered to be employees of the City of Sunny Isles Beach. 3.19. 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. 3.20. 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. 3.21. Material: Material(s) delivered to the City under this proposal 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. 3.22. Samples: Samples of items, when required, must be furnished by the Bidder 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 Bidder's 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. 3.23. Quantity Guaranty: No guarantee or warranty is given or implied by the City as to the total amount that mayor may not be purchased from any resulting Contract or Award. These quantities are for bidding 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. PAGE 7 OF 78 3.24. Delivery: All items shall be delivered f.o.b. destination (Le. at a specific City of Sunny Isles Beach address), and delivery costs and charges (if any) will be included in the Bid Price. Exceptions shall be noted. When practical, the City may make pick-ups at the vendor's place of business when specifically approved by the City. 3.25. 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 Bidder 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. 3.26. Safety Standards: the Bidder warrants 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. 3.27. Warranties: Successful Bidder shall act as agent for the City in the follow-up and compliance of all items under Warranty/Guarantee and complete all forms for Warranty/Guarantee coverage under this Contract. Bidder warrants by signature on the Bid Form that prices quoted here are in conformity with the latest Federal Price Guidelines. 3.28. Copyrights/Patent Rights: Bidder warrants 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. 3.29. Local Business Tax (Occupational license Registration): The contractor 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 Invitation to Bid 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 contractor 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 andior proof of current active status with the Division of Corporations of the State of Florida. 3.30. Liability, Insurance, Permits and Licenses: Bidder shall assume the full duty, obligation, and expense of obtaining all necessary licenses, permits, inspections, and insurance required. The Bidder shall be liable for any damages or loss to the City occasioned by negligence of the Bidder (or their agent) or any person the Bidder has designated in the completion of their contract as a result of the Bid. Contractor 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, current building code, Miami-Dade County, and City of Sunny Isles Beach Code. Contractors 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 licensor will be grounds for rejecting the Bid and forfeiture of the Bid Bond. 3.31. Certificate(s) of Insurance: Bidder 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 PAGE 8 OF 78 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 Bidder 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 Bidder and insurer to notify the finance support services director of the City of Sunny Isles Beach of cancellation, lapse, or material modification of any insurance policies insuring the Bidder, which relate to the activities of such vendor and the City of Sunny Isles Beach. Such notification shall be in writing, and shali be submitted to the City's Director of Risk Management, Government Center, 18070 Collins Avenue, fourth floor, Sunny Isles Beach, Florida 33160 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 Bidder hereby holds the City harmless and agrees to indemnify City and covenants not to sue the City by virtue of such rescission. 3.32. Assignment: The Contractor 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 Invitation to Bid 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 Contractor changes hands subsequent to the award of this contract, Contractor 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. 3.33. Hold Harmless/Indemnification: The Contractor shall indemnify, save 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 Contractor, 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 Contractor. 3.34. 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 Contractor being found in default. 3.35. Default Provision: In case of default by the Bidder or Contractor, the City of Sunny Isles Beach may procure the articles or services from other sources and hold the Bidder or Contractor responsible for any excess costs occasioned or incurred thereby. 3.36. 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. 3.37. Time of completion: The time of completion of the work to be performed under this contract is the essence of the contract. Delays and extensions of time may be allowed only in accordance with the provisions stated in the appropriate section of the general conditions. The time allowed for the completion of the work shall be stated in the Contract. END OF SECTION PAGE 9 OF 78 I I I I I I I I SECTION 4 GENERAL CONDITIONS 4.1. 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 Contractor 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. I I I I I I I I I I I Bid: The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. Bidder: Any person, firm or corporation submitting a Bid for Work. Bonds: Bid, performance and payment bonds and other instruments of security, furnished by the Contractor 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 Contractor 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, Contractor's Bid, the Bonds, the Notice of Award, these General Conditions, Special Conditions, the Technical Specifications, Drawings and Modifications, Notice to Proceed, Invitation to Bid, Insurance Certificates, Change Orders and Acknowledgment of Conformance with the City of Sunny Isles Beach. Contract Price: The total monies payable to the Contractor under the Contract Documents. 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. Contractor: 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. PAGE 10 OF 78 I I I I I I I I I I I I I I I I I I I I 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 anyone 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 Bidder stating that upon compliance with the condition s precedent to be fulfilled by him within the time specified, City will execute and deliver the Agreement to him. Notice to Proceed: A written notice given by City to Contractor fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform their obligations under the Contract Documents. Project: The entire janitorial maintenance services to be performed as provided in the Contract Documents. Samples: Physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. Shop Drawings: All drawings, diagrams, illustrations, brochures, schedules and other data which are prepared by the Contractor, a Sub-Contractor, manufacturer, supplier, or distributor, and which illustrate the equipment, material or some portion of the work and as required by the Contract Documents. 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 Contractor in requesting progress payments. Sub-Contractor: An individual, firm or corporation having a direct contract with Contractor or with any other Sub-Contractor for the performance of a part of the Work at the site. Substantial Completion: The date as certified by the City when the construction of the Project or a certified part thereof is sufficiently completed, in accordance with the Contract Documents, so that the Project or specified part can be utilized for the purposes for which it was intended; or if there be no such certification, the date when final payment is due. 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. Surety: The corporate body which is bound with the Contractor and which engages to be responsible for the Contractor and their acceptable performance of the Work. Work: Any and all obligations, duties and responsibilities necessary to the successful completion of the Project assigned to or undertaken by Contractor under the Contract Documents, including all labor, materials, equipment and other incidentals, and the furnishing thereof. PAGE 11 OF 78 I I I I I I I I I I I I I I I I I I I Written Notice: The term "Notice" as used herein shall mean and include all written notices, demands, instructions, claims, approvals and disapprovals 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. 4.2. 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, and awards the Bid to the Bidder 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 outlined in Section 62-8 of the City Code. For purposes of this section, the term lowest responsible and responsive bidder is not necessarily the bidder with the lowest dollars and cents bid. The City Manager or the City Commission may select a bidder whose bid is not the lowest dollars and cents bid if the award is based on 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 janitorial maintenance services as described in this Contract, 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 janitorial maintenance 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 Bidder on the basis of these queries and investigations and who does not meet the City's satisfaction, even though the firm may possibly be the apparent lowest dollars and cents bidder. In analyzing Bids, the City will also take into consideration client references, past work experience and work product, proven ability to satisfactorily perform janitorial maintenance services in a comparable government facility, to maintain comparable and sophisticated housekeeping duties; and alternate and unit prices if requested by the Bid forms. If the Contract is awarded, the City will issue the Notice of Award and give the successful Bidder 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 bidder on the basis of the results of these queries and investigation(s). 4.3. Execution of Agreement: At least four counterparts of the Agreement (in substantially the same form as the Agreement attached hereto as Section 14) the Performance and Payment Bond, the Certificates of Insurance and such other Documents as required by the Contract Documents shall be executed and delivered by Contractor to the City within ten (10) calendar days of receipt of the Notice of Award. 4.4. Forfeiture of Bid Security, Performance and Payment Bond: Within ten (10) calendar days of being notified of the award, Contractor shall furnish an executed agreement (in substantially the same form as the Agreement attached hereto as Section 14) and attach a Performance Bond and a Payment Bond (containing all the provisions of the Performance Bond and Payment Bond herein). Each Bond shall be in the amount of one hundred percent (100%) of the Contract Price guaranteeing to City the completion and performance of the Work covered in such Contract as well as full payment of all suppliers, material man, laborers, or Sub-Contractors employed pursuant to this Project. Each Bond shall be with a Surety company meeting the qualifications of this document. Each Bond shall continue in effect for one and one half years after final completion and acceptance of the Work with the liability equal to one hundred percent (100%) of the Contract Sum. The Performance Bond shall be conditioned such that Contractor will, upon notification by City, correct any defective or faulty Work or materials which appear within one and one half years after final completion of the Contract. Pursuant to the requirements of Section 255.05(1), Florida Statutes, Contractor shall ensure that the Bond(s) referenced above shall be PAGE 12 OF 78 I I I I I I I I I I I I I I I I I I I recorded in the public records of Miami-Dade County and provide City with evidence of such recording. 4.4.1. Each Bond must be executed by a surety company authorized to do business in the State of Florida as a surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for at least five (5) years. 4.4.2. The surety company shall hold a current certificate of authority as acceptable surety on federal bonds in accordance with the United States Department of Treasury Circular 570, current Revisions. 4.4.3. The City will accept a surety bond from a company with a rating B+ or better. 4.4.4. Failure of the successful Bidder to execute and deliver the Agreement and deliver the required bonds and Insurance Certificates as stipulated in paragraph 4.3 shall be cause for the City to annul the Notice of Award and declare the Bid and any security therefore forfeited. 4.5. Contractor's Pre-Start Representation: Contractor represents that they have familiarized themselves with, and assumes full responsibility for having familiarized themselves with the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, State and local laws, ordinances, rules and regulations that may in any manner affect performance of the Work, and represents that they have correlated their study and observations with the requirements of the Contract Documents. Contractor also represents that they have studied all surveys and investigations reports of subsurface and latent physical conditions referred to in the specifications and made such additional surveys and investigations as they deem necessary for the performance of the Work in the Contract Documents and that they have correlated the results of all such data with the requirements of the Contract Documents. 4.6. Commencement of Contract Time: The Contract Time will commence to run on the date stated in the Notice to Proceed. 4.7. Starting the Project: Contractor shall start to perform their obligations under the Contract Documents on the date when the Contract Time commences to run. No Work shall be done at the site prior to the date on which the Contract Time commences to run, except with the written consent of the City. 4.8. Before Starting Contract: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. They shall at once report in writing to City any conflict, error, or discrepancy which they may discover; however, they shall not be liable to City for their failure to discover any conflict, error, or discrepancy in the Specifications. 4.9. Pre-Start Meeting: Within five (5) days after delivery of the executed Agreement by City to Contractor, but before starting the Work at the site, a Pre-Start conference will be held to review the above schedules, and for processing Statement of Services, and to establish a working understanding between the parties as to the Project. Present at the conference will be the City representative and the Contractor. 4.10. Correlation, Interpretation, and Intent of Contract Documents: It is the intent of the Specifications to describe a complete Project to be delivered in accordance with the Contract Documents. The Contract Documents comprise the entire Agreement between the City and the Contractor. They may be altered only by a Modification. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. If Contractor finds a conflict, error or discrepancy in the Contract Documents, they shall call it to the City's attention in writing at once and before proceeding with the PAGE 13 OF 78 I I I I I I I I I I I I I I I I I I I Work affected thereby. The various Contract Documents shall be given precedence in case of conflict, error or discrepancy, as follows: Change Orders, Supplemental General Conditions, Agreement Modifications, Addenda, Special Conditions, Instructions to Bidders, General Conditions, and Specifications. If the requirements of other Contract Documents are more stringent than those of the Supplemental General Conditions, the more stringent requirements shall apply. The words "furnish" and "furnish and install", "install", and "provide" or words with similar meaning shall be interpreted, unless otherwise specifically stated, to mean "furnish and install complete in place and ready for service". Miscellaneous items and accessories which are not specifically mentioned, but which are essential to produce a complete and properly operating installation, or usable structure or plant, providing the indicated function, shall be furnished and installed without change in the Contract Price. Such miscellaneous items and accessories shall be of the same quality standards, including material, style, finish, strength, class, weight and other applicable characteristics, as specified for the major component of which the miscellaneous item or accessory is an essential part, and shall be approved by the City before installation. The above requirement is not intended to include major components not covered by or inferable from the Specifications. The Work of all trades under this Contract shall be coordinated by the Contractor in such manner as to obtain the best workmanship possible for the entire Project, and all components of the Work shall be installed or erected in accordance with the best practices of the particular trade. 4.11. Contractor's Liability Insurance: Contractor shall provide and maintain in force until all the Work to be performed under this Contract has been completed and accepted by City (or for such duration as is otherwise specified hereinafter), the insurance coverage set forth: 4.11.1. Worker's Compensation insurance at the statutory amount to apply for all employees in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws. In addition, the policy(ies) must include: Employers' Liability at the statutory coverage amount. The Contractor shall further insure that all of its Sub-Contractors maintain appropriate levels of worker's compensation insurance. 4.11.2. Comprehensive General and Umbrella Liability insurance, which when combined has minimum limits of Four Million Dollars ($4,000,000.00) 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 Comprehensive General and Umbrella liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: 4.11.2.1 4.11.2.2 4.11.2.3. 4.11.2.4. 4.11.2.5. 4.11.2.6. 4.11.2.7. Premises and Operation Independent Contractors Products and/or Completed Operations Hazard Explosion, Collapse and Underground Hazard Coverage Broad Form Property Damaged 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. 4.11.3. 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: 4.12.3.1 PAGE 14 OF 78 Owned Vehicles; I I I I I I I I I I I I I I I I I I I 4.11.3.1 4.11.3.2 4.11.3.3 Hired and Non-Owned Vehicles; Employers' Non-Ownership; Employer's Non-Ownership. 4.11.4. Before starting the Work, the Contractor will file 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. 4.11.5. The Contractor agrees that if any part of the Work under the Contract is sublet, they will require the Sub-Contractor(s) to carry insurance as required, and that they will require the Sub- Contractor(s) to furnish to them insurance certificates similar to those required by the City in this section. 4.12. Cancellation and Re-Insurance: If any insurance should be canceled or changed by the insurance company or should any insurance expire during the period of this contract, the Contractor shall be responsible for securing other acceptable insurance to provide the coverage specified in this section to maintain coverage during the life of this Contract. All deductibles must be declared by the Contractor and must be approved by the City. At the option of the City, either the Contractor shall eliminate or reduce such deductible or the Contractor shall procure a Bond, in a form satisfactory to the City, covering the same. 4.13. Contractor's Responsibilities: The Contractor shall have the following responsibilities: 4.13.1. The Contractor will not employ any Sub-Contractor, against whom the City may have reasonable objection, nor will the Contractor be required to employ any Sub-Contractor who has been accepted by the City, unless the City determines that there is good cause for doing so. 4.13.2. The Contractor shall be fully responsible for all acts and omissions of their Sub-Contractors and of persons and organizations directly or indirectly employed by them and of persons and organizations for whose acts any of them may be liable to the same extent that they are responsible for the acts and omissions of persons directly employed by them. Nothing in the Contract Documents shall create any contractual relationship between City or Contractor and any Sub-Contractor or other person or organization having a direct contract with Contractor, nor shall it create any obligation on the part of City to payor to see to payment of any persons due any Sub-Contractor or other person or organization, except as may otherwise be required by law. City may furnish to any Sub-Contractor or other person or organization, to the extent practicable, evidence of amounts paid to the Contractor on account of specified Work done in accordance with the schedule values. 4.13.3. The divisions and sections of the Specifications shall not control the Contractor in dividing the Work among Sub-Contractors or delineating the Work performed by any specific trade. 4.13.4. The Contractor agrees to bind specifically every Sub-Contractor to the applicable terms and conditions of the Contract Documents for the benefit of the City. 4.13.5. All Work performed for the Contractor by a Sub-Contractor shall be pursuant to an appropriate agreement between the Contractor and the Sub-Contractor. 4.13.6. The Contractor shall be responsible for the coordination of the trades, Sub-Contractors and material and men engaged upon their Work: PAGE 15 OF 78 I I I I I I I I 4.13.6.1. The Contractor shall cause appropriate provIsions to be inserted in all subcontracts relative to the Work to bind Sub-Contractors to the Contractor by the terms of these General Conditions and other Contract Documents insofar as applicable to the Work of Sub-Contractors, and give the Contractor the same power as regards to terminating any subcontract that the City may exercise over the Contractor under any provisions of the Contract Documents. 4.13.6.2. The City will not undertake to settle any differences between the Contractor and their Sub-Contractors or between Sub-Contractors. 4.13.6.3. If in the opinion of the City, any Sub-Contractor on the Project proves to be incompetent or otherwise unsatisfactory, they shall be promptly replaced by the Contractor if and when directed by the City in writing. 4.14. Laws and Regulations: The Contractor will give all notices and comply with all laws, ordinances, rules and regulations applicable to the Work. If the Contractor 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 Contractor 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. 4.15. 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. 23-QQ-477131-54C appears on each purchase order. Exemption certificates are available upon request. I I I I I I I I I I 4.16. Safety and Protection: The Contractor will be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. They will take all necessary precautions for the safety of, and will provide the necessary protection to prevent damage, injury or loss to: 4.16.1. All employees and other persons who may be affected thereby; 4.16.2. All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the site; 4.16.3. Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction; and 4.16.4. The Contractor will designate a responsible member of their organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's Superintendent unless otherwise designated in writing by the Contractor to the City. 4.17. Emergencies: In emergencies affecting the safety of persons or the Work or property at the site or adjacent thereto, the Contractor, without special instruction or authorization from the City, is obligated to act, at their discretion, to prevent threatened damage, injury or loss. They will give the City prompt written notice of any significant changes in the Work or deviations from the Contract Documents caused thereby. If the Contractor believes that additional Work done by them in an emergency which arose from causes beyond their control entitles them to an increase in the Contract Price or an extension of the Contract Time, they may make a claim therefore as provided in this document. 4.17.1. The Contractor will also submit to the City for review, with such promptness as to cause no PAGE 16 OF 78 I I I I I I I delay in Work, all samples and photographs required by the Contract Documents. All samples and photographs will have been checked by and stamped with the approval of the Contractor, identified clearly as to material, manufacturer, any pertinent catalog numbers and the use for which intended. 4.17.2. At the time of each submission, the Contractor will, in writing, call the City's attention to any deviations that the photographs or sample may have from the requirements of the Contract Documents. 4.17.3. The City will review with responsible promptness photographs and samples, but their review shall be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents. The Contractor will make any corrections required by the City and will return the required number of corrected copies of photographs and resubmit new samples until the review is satisfactory to the City. 4.17.4. No Work requiring a photograph or sample submission shall be commenced until the submission has been reviewed by the City. A copy of each photograph and each approved sample shall be kept in good order by the Contractor at the site and shall be available to the City. I I I I I I I I I I I I 4.17.5. The City's review of photographs or samples shall not relieve the Contractor from their responsibility for any deviations from the requirements of the Contract Documents unless the Contractor has in writing called the City's attention to each deviation at the time of submission and the City has given written approval to the specific deviation, nor shall any review by the City relieve the Contractor from responsibility for supplying the plant material as specified 4.18. Public Convenience and Safety: The Contractor shall, at all times, conduct the Work in such a manner as to insure the least practicable obstruction to public travel. The convenience of the general public and of the residents along and adjacent to the area of Work shall be provided for in a satisfactory manner, consistent with the operation and local conditions. During the day, access to private property shall be for short durations, if at all, and in the evening, access to private property shall always be available. 4.19. Indemnification: In consideration of the separate sum of twenty-five dollars ($25.00) and other valuable consideration, the Contractor shall indemnify and save 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 Contractor's performance of the Project, or by or in consequence of any negligence (excluding negligence of City), 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 Contractor or his Sub-Contractor, agents, servants or employees. The Contractor will 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 Contractor, Sub-Contractor, 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 See. 725.06 (2), F.S. is applicable to this Work, then in lieu of the above provisions of this section the parties agree that Contractor shall indemnify and hold harmless the City, their officers and employees, to the fullest extent authorized by See. 725.06 (2) F.5., 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, Contractor, upon written notice from City shall defend such action or proceeding by counsel satisfactory to City. The indemnification provided above shall obligate PAGE 17 OF 78 I I I I I I I I I I I I I I I I I I I Contractor 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 operations and activities be performed by Contractor, its Sub-Contractors, or by anyone directly or indirectly employed by either. 4.20. City's Responsibility: The City will issue all communications to the Contractor; the City will furnish the data required of them under the Contract Documents promptly; and the City's duties in respect to providing lands and easements are set forth in this section. 4.21. Measurement of Quantities: All work completed under the Contract will be measured by the City according to the United States Standard Measures. All linear surface measurements will be made horizontally or vertically as required by the item measured. 4.22. Rejecting Defective Work: The City will have authority to disapprove or reject Work which is "defective" (which term is hereinafter used to describe Work that is unsatisfactory, faulty or defective, or does not conform to the requirements of the Contract Documents or does not meet the requirements of any inspection, test or approval referred to in Special Condition, or has been damaged prior to final acceptance). 4.23. Decisions on Disagreements: The City will be the initial interpreter of the Technical Specifications. 4.24. Changes in Work: Without invalidating the Agreement, the City may, at any time or from time to time, order additions, deletions or revisions in the Work; these shall be authorized by Change Orders. Upon receipt of a Change Order, the Contractor will proceed with the Work involved. All such Work shall be executed under the applicable conditions of the Contract Documents. If any Change Order causes an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, an equitable adjustment will be made as provided in this document. A Change Order signed by the Contractor indicates their agreement therewith. 4.24.1. The City may authorize minor changes or alterations in the Work not involving extra cost and not inconsistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order. If the Contractor believes that any minor change or alteration authorized by the City entitles them to an increase in the Contract Price or extension of Contract Time, they may make a claim therefore as provided in this document. 4.24.2. Additional Work performed by the Contractor without authorization of a Change Order will not entitle them to an increase in the Contract Price or an extension of the Contract Time, except in the case of an emergency as proVided in this document. 4.24.3. The City will execute appropriate Change Orders covering changes in the Work, to be performed and Work performed in an emergency as provided in this section and any other claim of the Contractor for a change in the Contract Time or the Contract Price which is approved by the City. 4.24.4. It is the Contractor's responsibility to notify his Surety of any changes affecting the general scope of the Work or change in the Contract Price or Contract Time and the amount of the applicable bonds shall be adjusted accordingly. The Contractor will furnish proof of such an adjustment to the City. 4.25. Change of Contract Price: The Contract Price constitutes the total compensation payable to the Contractor for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by the Contractor shall be at their expense without changing the Contract Price. PAGE 18 OF 78 I I II I I I I I I I I II I I I I I I I 4.25.1. The City may, at any time, without written notice to the sureties, by written order designated or indicated to be a Change Order, make any change in the Work within the general scope of the Contract, including but not limited to changes: in the specifications (including drawings and designs); in the method or manner of performance of the Work; in the City-furnished facilities, equipment, materials, services, or site; or directing acceleration in the performance of the Work. 4.257.2. Except as herein provided, no order, statement, or conduct of the City shall be treated as a change under this clause or entitle the Contractor to an equitable adjustment hereunder. 4.25.3. If any change order under this clause causes an increase or decrease in the Contractor's cost of, or the time required for, the performance of any part of the Work, under this Contract, whether or not changed by any order, an equitable adjustment shall be made and the Contract modified in writing accordingly. 4.25.4. If the Contractor intends to assert a claim for an equitable adjustment under this clause, he must, within ten (10) days after receipt of a written Change Order, submit to the City a written notice including a statement setting forth the general nature and monetary extent of such claim, and supporting data. 4.25.5. No claim by the Contractor for an equitable adjustment hereunder shall be allowed if not submitted in accordance with this section or if asserted after final payment under this Contract. 4.25.6. The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: by negotiated lump sum; or on the basis of the cost of the Work, determined as provided in this section, plus a mutually agreed upon fee to the Contractor and to cover overhead and profit. 4.25.7. The term cost of the Work means the sum of all direct costs necessarily incurred and paid by the Contractor in the proper performance of the Work. Except as otherwise may be agreed to in writing by City, such costs shall be in amounts no higher than those prevailing in Miami-Dade County, shall include only the following items and shall not include any of the costs itemized hereunder. 4.25.7.1. Payroll costs for employees in the direct employ of Contractor in the performance of the work described in the Change Order under schedules of job classifications agreed upon by City and Contractor. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall be limited to: salaries and wages, plus the costs of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' compensation, health and retirement benefits, sick leave, vacation and holiday pay applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing Work after regular working hours, on Sunday or legal holidays shall be included in the above only if authorized by City. 4.25.7.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage, and manufacturers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless City deposits funds with Contractor with which to make payments in which case the cash discounts, shall accrue to the City. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to City, and Contractor shall make provisions so that they may be obtained. PAGE 19 OF 78 I !I !. I I I I I I I I I I I I I I I I 4.25.7.3. Payments made by Contractor to the Sub-Contractors for Work performed by Sub- Contractors. If required by City, Contractor shall obtain competitive bids from Sub-Contractors acceptable to him and shall deliver such bids to City who will then determine which Bids will be accepted. If a Subcontract provides that the Sub-Contractor is to be paid on the basis of Cost of Work plus a fee, the cost of the Work shall be determined in accordance with this section. 4.25.7.4. Rentals of all construction equipment and machinery and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by City, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof - all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 4.25.7.5. Sales, use or similar taxes related to the Work, and for which Contractor is liable, imposed by any governmental authority. 4.25.7.6. Payments and fees for permits and licenses. Costs for permits and licenses must be shown as a separate item. 4.25.7.7. The cost of utilities, fuel and sanitary facilities at the site. 4.25.7.8. Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 4.25.7.9.Cost of premiums for additional Bonds and Insurance required solely because of changes in the Work, not to exceed two percent (2%) of the increase in the Cost of the Work. 4.25.8. The term Cost of the Work shall not include any of the following: 4.25.8.1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, lawyers, agents, expediters, timekeepers, clerks and other personnel employed by Contractor whether at the site or in his principal or a branch office for general administration of the Work and not specifically included in the schedule referred to in this document - all of which are to be considered administrative costs covered by the Contractor's fee. 4.25.8.2. Expenses of Contractor's principal and branch offices other than his office at the site. 4.25.8.3.Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4.25.8.4. Cost of premiums for all bonds and for all insurance policies whether or not Contractor is required by the Contract Documents to purchase and maintain the same except as otherwise provided this document. 4.25.8.5. Costs due to the negligence of Contractor, any Sub-Contractor, or anyone directly or indirectly employed by any of them of for whose acts any of them may be liable, including but not limited to, the correction of defective work, disposal of materials or equipment wrongly supplied and making good any damage to property. 4.25.8.6. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in this document. 4.25.9. The Contractor's fee which shall be allowed to Contractor for their overhead and profit shall be PAGE 20 OF 78 I I I I I I I I I I I determined as follows: 4.25.9.1. A mutually acceptable firm fixed price; or if none can be agreed upon. 4.25.9.2. A mutually acceptable fixed fee based on the estimate of the various portions of the cost of the Work. 4.25.10. The amount of credit to be allowed by Contractor to City for any such change which results in a net decrease in cost, will be the amount of the actual net decrease. When both additions and credits are involved in anyone change, the net shall be computed to include overhead and profit, identified separately, for both additions and credit, provided however, the Contractor shall not be entitled to claim lost profits for any Work not performed. 4.25.11. Whenever cost of any Work is to be determined pursuant to this document, Contractor will submit in form prescribed by City an itemized cost breakdown together with supporting data. 4.26. Payments to Contractor: At least ten (10) days before each progress payment falls due (but not more often than once a month), the Contractor will submit to the City a partial payment estimate filled out and signed by the Contractor covering the Work performed during the period covered by the partial payment estimate and supported by such data as the City may reasonably require. I I I I I I I I 4.26.1.If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at or near site, the partial payment estimate shall also be accompanied by such supporting data, satisfactory to the City, as will establish the City's title to the material and equipment and protect their interest therein, including applicable insurance. The City will within ten (10) days after receipt of each partial payment estimate, either indicate in writing their approval of payment and present the partial payment estimate to the City, or return the partial payment estimate to the Contractor, indicating in writing their reasons for refusing to approve payment. In the latter case, the Contractor may make the necessary corrections and resubmit the partial payment estimate. The City, will within thirty (30) days of presentation to them of any approved partial payment estimate, pay the Contractor a progress payment on the basis of the approved partial payment estimate. The City may retain ten (10) percent of the amount of each payment until final completion and acceptance of all Work covered by the Contract Documents. On completion and acceptance of a part of the Work on which the price is stated separately in the Contract Documents, payment may be made in full, including retained percentages, less authorized deductions. Any interest earned on the retainage shall accrue to the benefit of the City. 4.26.2. The City shall have the right to demand and receive from the Contractor, before he shall receive final payment, final releases of lien executed by all persons, firms or corporations who have performed or furnished labor, services or materials, directly or indirectly, used in the Work. Likewise, as a condition to receiving any progress payment, the City may require the Contractor to furnish partial releases of lien executed by all persons, firms and corporations who have furnished labor, services or materials incorporated into the Work during the period of time for which the progress payment is due, releasing such lien rights those persons, firms or corporations may have for that period. 4.26.3. The Contractor warrants and guarantees that title to all Work, materials and equipment covered by an Application for Payment, whether incorporated in the Project or not, will have passed to the City prior to the making of the Application for Payment, free and clear of all liens, claims, security interest and encumbrances (hereafter in these General Conditions referred to as "Liens"); and that no Work, materials or equipment covered by an Application for Payment will have been acquired by the Contractor or by any other person performing the Work at the site or PAGE 21 OF 78 I I I I I I I I I I I I I I I I I I I furnishing materials and equipment for the Project, subject to an agreement under which an interest therein or encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person. 4.27. Acceptance of Final Payment as Release: The Acceptance by the Contractor of final payment shall be and shall operate as a release to the City and a waiver of all claims and all liability to the Contractor other than claims in stated amounts as may be specifically excepted by the Contractor for all things done or furnished in connection with the Work and for every act and neglect of the City and others relating to or arising out of this Work. Any payment, however, final or otherwise, shall not release the Contractor of their sureties from any obligations under the Contract Documents or the Performance Bond and Payment Bonds. 4.28. Suspension Of Work And Termination: The City may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety (90) days by notice in writing to the Contractor which shall fix the date on which Work shall be resumed. For suspensions longer than ninety (90) days, the Contractor may be allowed an increase in the Contract Price or an extension of the Contract Time, or both. 4.29. Delays and Extension of Time: For purposes of these Contract Documents the term "Unavoidable Delay" shall mean an interruption of the Work beyond the control of the Contractor, and which could have not been avoided or shortened by the Contractor's exercising care, prudence, foresight, and diligence. Moreover, the Contractor must demonstrate with satisfactory evidence that the "Unavoidable Delay" actually extended the most current Project Completion Date. Delays attributable to and within the control of a subcontractor or supplier shall be deemed to be delays within the control of Contractor. 4.29.lThe Contractor will be entitled to a time extension for the following types of "Unavoidable Delay" but at no additional compensation: Acts of God; acts of the public enemy; inclement weather conditions; fires; floods; windstorms; tornadoes; hurricanes; earthquakes; wars; riots; insurrections; epidemics; quarantine restrictions; strikes; lockouts; sit-downs; slowdowns; other labor trouble; labor shortages; material shortages; fuel shortages; freight embargoes; acts of government agencies outside the City of Sunny Isles Beach; acts of public utilities. This list is not intended to be comprehensive, and similar types of delay will not entitle the Contractor to additional compensation or a compensable time extension. 4.30. City May Terminate: If the Contractor 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 Contractor 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 fail 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 if they disregards 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 violates any provision of the Contract Documents, then the City may, without prejudice to any other right or remedy and after giving the Contractor and the surety ten (10) days written notice, terminate the services of the Contractor and take possession of the Project and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor, and finish the Work by whatever method they may deem expedient. In such case the Contractor 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 Contractor. If such costs exceed such unpaid balance, the Contractor 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 Contractor under PAGE 22 OF 78 I I I I I I I I I I I I I I I I I I I this Section, it is determined by a court of competent jurisdiction for any reason that the Contractor was not in default, the rights and obligations of the City and the Contractor shall be the same as if the termination had been issued pursuant to this document. 4.30.1. Where the Contractor's services have been so terminated by the City said termination shall not affect any rights of the City against the Contractor then existing or which may thereafter accrue. Any retention or payment of moneys by the City due the Contractor will not release the Contractor from liability. 4.30.2. Upon ten (10) days written notice to the Contractor, the City may, without cause and without prejudice to any other right or remedy, elect to terminate the Agreement. In such case, the Contractor 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 profit for Work which has not been performed. 4.31. Removal of Equipment: In the case of termination of this Contract before completion for any cause whatever, the Contractor, if notified to do so by the City, shall promptly remove any part or all of his equipment and supplies from the property of the City. Should the Contractor not remove such equipment and supplies, the City shall have the right to remove them at the expense of the Contractor. Equipment and supplies shall not be construed to include such items for which the Contractor has been paid in whole or in part. 4.32. Miscellaneous: Bidder acknowledges the following miscellaneous conditions: 4.32.1. 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. 4.32.2. The Contract Documents shall remain the property of the City. The Contractor shall have the right to keep one record set of the Contract Documents upon completion of the Project. 4.32.3. 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 Contractor 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. 4.32.4. Should the City or the Contractor 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 in jury or damage. 4.33. Waiver of Jury Trial: City and Contractor 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 thereunder. 4.33.1. Governing Law: The Contract shall be construed in accordance with and governed by the law of the State of Florida. 4.33.2. Venue: Venue of any action to enforce the Contract Documents shall be in Miami-Dade County, PAGE 23 OF 78 I I I I I I I I I I I I I I I I I I I Florida. 4.33.3. Arbitration: It is the intention of the parties that whenever possible, if a dispute or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in accordance with the procedures, rules and regulations of the American Arbitration Association. The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration shall be held in Miami-Dade County, Florida. All costs of arbitration and attorneys' fees incurred by the parties shall be paid by the non-prevailing party or, if neither party prevails on the whole, each party shall be responsible for a portion of the costs of arbitration and their respective attorneys' fees as may be determined by the court on confirmation. 4.34. 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 Contractor which relate in any way to the Project, and to any claim for additional compensation made by Contractor, and to conduct an audit of the financial and accounting records of Contractor which relate to the Project. Contractor 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, Contractor shall provide City access to its books and records upon five days written notice. 4.35. 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. 4.36. Independent Contractor: The Contractor is an independent Contractor under the Contract. Services provided by the Contractor shall be by employees of the Contractor and subject to supervision by the Contractor, 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 Contractor. END OF SECTION PAGE 24 OF 78 I II I I I I I I I I I I I I I I I I I SECTION 5 SUMMARY OF WORK The Work covered by the Specifications and other Contract Documents, shall be janitorial services, including, but not limited to, dusting, mopping, sweeping, scrubbing, vacuuming, trash collection and disposal, and facility maintenance as described in the Contract Documents. END OF SECITON PAGE 25 OF 78 I II I I I I I I I I I I I I I I I I I SECTION 6 PROCESSING OF INVOICES The cut-off date for statements is the close of the business day of the 20th day of each month. The Contractor shall submit by the 22nd day of each month Contractor's completed Invoice. Should the 22nd fall on a weekend or holiday, Contractor shall submit his Invoice on the next workday. Payment will be made by the City after commodities/services have been received, accepted, and properly invoiced as indicated in contract and/or order. Invoice must bear the purchase order number and the appro Contractor is advised that processing of invoices must follow this schedule, as the Owner has funding requirements and other payment obligations which may prevent payment of late Invoices for that month's billing cycle. A late invoice with a recommendation for payment will be paid in the next month's billing cycle. END OF SECTION PAGE 26 OF 78 SECTION 7 BID RESPONSE SHEET THIS BID IS SUBMIlTED TO: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Bid No. 08- eN, -()7- for Janitorial Maintenance Services The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with The City of Sunny Isles Beach in the form included in the Contract Documents to perform and furnish all Work 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. 7.1. The Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidder's, including without limitation those dealing with the disposition of Bid Security. 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 the Bonds and other documents required by the Bidding Requirements within ten days after the date of the City's Notice of Award. 7.2. In submitting this Bid, the Bidder represents, as more fully set forth in the Agreement, that: 7.2.1. Bidder has examined copies of all the Bidding Documents and of the following Addenda (receipt of all which is hereby acknowledged.) Addendum No. 0 I Addendum No. U'l,03 0'1 Addendum No. 0:;)-- OhJ 'br Addendum No. Dated: (,,/1 Ol()~ Dated: Dated: Dated: 7.2.2. 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. 7.2.3. The Bidder has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions. 7.2.4. The Bidder has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies (in addition to or to supplement those referred to in (c) above) which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance, or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, and no additional examinations, investigations, explorations, tests, reports or similar information or data are or will be required by Bidder for such purposes. 7.2.5. Bidder has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or continuous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, report or similar information or data in respect of said Underground Facilities are or will be required by Bidder in order to perform and furnish the Work at the Contract Price, within the Contract PAGE 27 OF 78 Time and in accordance with other terms and conditions of the Contract Documents. 7.2.6. The Bidder has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. 7.2.7. 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. 7.2.8. 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 Bidder or over the City. 7.3. The Bidder understands and agrees that the Bid is for unit prices to furnish and install individual Work Items for maintenance and/or repair work, complete in place. Estimates are provided for the purposes of Bid Evaluation and to establish unit prices for individual Work Items for maintenance and/or repair work to be contracted by the City under individual Purchase Orders, based on the unit prices established under this Bid. The City and the successful Bidder will establish completion times for each individual Work Item and the successful Bidder agrees that the work will be completed within the time frames agreed upon and stipulated in the individual Purchase Orders and/or Notice to Proceed. 7.4. Telephone Communications concerning this Bid shall be addressed to (please print clearly): Bidder Name: S+oc.(doyl ~J)~__~f (IV1.1A C~ ~JOu..r T~. L <] -:t-S ~~ s 1ot..A-t/ ~ U&....J...A.. -dJ;- Ii (., W-7s' + Pc.... Lvi;( 'z-c...G-L % { 5~ ~/ ( { ,~b{ - 0 '6Y- 'ic, 2c 6101 ,. ~,;~ C{ - CZ }~ K ~ l", 'Z:. L:)6>Q ~ Fax Address: Attention: 7.5. The terms used in this Bid which are defined in the General Conditions of the Contract included as part of the Contract documents have the meanings assigned to them in the General Conditions. DOCUMENT CONTINUES ON NEXT PAGE PAGE 28 OF 78 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Janitorial Maintenance Services - Bid No. 08-06-02 ADDENDUM NO.1 Questions & Answers Q: "Can you please confirm that the City is asking for a 100% Performance Payment Bond." A: A 100% Payment Bond will be required and a 100% Performance Bond will be required Q: "Also can you please supply square footage for the buildings to be cleaned. We need this for cost evaluation and to start the bonding process." A: The City Hall is approximately 54,000 square feet, the Community Center is approximately 32,000 and the Public Works building is approximately 3,500 square feet. City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Janitorial Maintenance Services - Bid No. 08-06-02 ADDENDUM NO.2 Questions & Answers Q: Page 30, Item C3: Public Works Building. Please provide us with the physical address for this facility and advise if we need an appointment [to] tour it. If so, please provide us with a contact name and phone number. A: The physical address to the public works building is: 19250 Collins Avenue, Sunny Isles Beach, FL 33160. The contact person for appointments is: Bill Evans (786) 586-7533. Q: Page 30, Item D2: Community Center Foyer and Receptionist Area. Please confirm that you are referring to Pelican Community Park. If not, please provide the address for the Community Center. A: As we said several times at the Pre-Bid Meeting, these are one in the same. Q: Please provide the total square footage for [the] Government Center. The square footage stated at the pre-bid conference (53,373 sq' total, which includes the 7500 sq' library) does not match the 85,000 sq' total (78,000 sq' excluding restaurant) listed [in] the City of Sunny Isles [Beach] website - please see attached. Additionally, please provide the total square footage for Pelican Community Park separately and the total square footage for Public Works Building separately. A: We believe the 53,373 number is correct, but you have been provided access to the plans to determine you own numbers, so you will be completely responsible for determining the square footage as you believe it applies to the work. Q: Bid Form: E3 Park and Beach Access Restrooms. The bid forms says 6. [Does] it mean: 3 locations with men and women restrooms? Where are [they] located? This question is important because the cleaning crew has to travel from one place to another. Also, are we going to have a parking sticker from the City when we clean those facilities? A: There are actually four rest rooms, not six (and each one has both men's and women's sides), but the bid extension should be multiplied by six for consistency. The locations are Town Center Park, Samson Oceanfront Park, Ocean II Beach Access area (near the Ramanda), and Pier Park. Janitorial Maintenance Services - Bid No. 08-06-02 Addendum No.2 (Questions & Answers - 06.13.08) Page 2 of 2 Q: Section 7.8, Paragraph 7.8.3 lists City Hall as six days a week, in the pre-bid meeting it was stated that the lobby and library as six days and the rest of City Hall as 5 days. The bid also does not list the lobbynibrary as a separate line item. How do we price?" A: The library and lobby areas are all that will be open on Saturdays at City Hall, everything else is closed on Saturday at City Hall (also called the Government Center Complex). The lobby comes under C-l item and we can calculate the additional cost from that (i.e. no additional bid item is needed to cover the lobby). The library will need an additional bid item. Please pencil in a linefor H-6, Library. It would look like this. Library at the X$ $ 86 City Hall / 1 Government Per Month of Center Cleaning on Saturdays= City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Janitorial Maintenance Services - Bid No. 08-06-02 ADDENDUM NO.3 Questions & Answers Q: Where do we price Library Monday to Friday in the bid form? The ~ H6 is only for Saturdays. Should the H6 be changed [to] "Per Month of Cleaning - 6 Times per Week"? Please reply. A: Yes. you make an excellent point and have an excellent suggestion. TO AU: PLEASE INSERT A LINE H-6 FOR THE LIBRARY THAT STATES "PER MONTH OF CLEANING. SIX TIMES PER WEEK". THEN BID ONE UNIT TIED TO THIS, THE POST OFfICE IS COVERED UNDER THE CI1Y HALL AS AN OFFICE UNIT IT WILL BE FNE TIMES PER WEEK. City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Mandatory Pre-Bid Conference Summary Minutes Tuesday, June 10, 2008 at 10:00 a.m. Bid No. 08-06-02, Janitorial Maintenance Services Public Works Director/Engineer Rick Conner opened the Pre-Bid Conference noting that this is for J anitoria1 Maintenance Services for City Hall, our new Community Center at Pelican Community Park, the Public Works facility located at 192nd Street and Collins Avenue, and possibly other buildings that might come on line in the future. Make sure that you all sign the sign-in sheet as this is a mandatory pre-bid conference. Deadline for submission of bid documents is Tuesday, June 24, 2008 at 4:00 p.m. at which time those sealed bids will be publicly opened. Any additional questions are required to be in writing and may be submitted up to five (5) days before the bid opening (Thursday, June 19,2008), which will be answered and forwarded to all of today' s participants. QUESTIONS AND COMMENTS FROM PROSPECTIVE BIDDERS 1. Are you satisfied with your current contractor? We are getting the service that we contracted for and paid for. We want to redefine how we are doing this. 2. A janitorial contract was recently approved, is that different from what this is? Yes, that award was to continue services so that we could get to this point. The contract had expired and we needed to extend it up to six months on a month-to-month basis until we could get this bid package together and put on the street. 3. What is the current value of this contract? We will get that number but it is for different services and not related to what we want now. 4. What is the square footage? The numbers were given in the Addendum. 5. Will there be a walk-through of the facilities? Yes, following this meeting. 6. Is this a minimum wage contract/any prevailing wage rate requirements? No, the City does not have a scale. There is no federal or State money involved. 7. Is this a 6-days a week contract? Please see the answer to question 10 below. 08-06-02 Pre-Bid Conference QA Page 1 of 5 8. Do we have to submit a listing of certain brands of chemicals? If we are going to recommend you for award of the bid then we will set down and go through the details with you before we go to the City Commission. 9. On the Addendum, you clarified that you need 100% Performance and 100% Payment Bond, is there a Bid Bond also? Yes, there is a Bid Bond on page 49, and the Performance and Payment Bonds are on Pages 67 and 70. 10. I sent five questions and one of the questions was: "Are the Community Center and Public Works facilities 6-days per week?", and you said yes. The Community Center / Pelican Community Park will be 6-days per week, full load; City Hall is 5-days, full load, and on the 6th day (Saturday) the lobby area on the first floor, Police, and the Library; the Public Works offices at 192nd Street will be 5-days. 11. Are there different specs on steam cleaning carpeting and waxing floors once a month? No, you should use your own judgment as we do the walk through today. 12. City Hall, square footage, can we get measurements? Please see the answer to question 13 below. 13. Do you have the floor plans? Yes, we can have them available to your for review. [See Note under question 28.] 14. Do we need to set an appointment for the remote facilities? We will set that up for you right now and you can take a tour, or you can set up an appointment. 15. Will we have access to all the facilities? Yes. Our Police Department is also housed in City Hall and so there are going to be some sensitive areas, but you are responsible for those areas as well. The Detective section is on the 3rd Floor on the west end of the building, and the entire 2nd Floor is the Police Department. 16. Is that only accessible during business hours? The Police Department lobby is accessible 24-hours a day but the Police Department is secure 24-hours a day. You can't pass beyond the lobby without being escorted in. 17. What is your policy regarding sub-contractors? We can work with you on that but at some point we tend to start to lose some amount of control and security becomes an issue as well, and so we will want to look at that very carefully. 18. You mentioned that there are a bunch of kids on site now at the Community Center, does that mean there will be background checks and fingerprints? Yes, Police will be involved regarding security. 08-06-02 Pre-Bid Conference QA Page 2 of 5 Also, there is a audio/visual (AIV) room upstairs and we want to make sure that room is being taken care of but we have some very serious concerns about the sensitivity of the equipment, and there will be some very specific issues in that AIV Room. 19. Will the award be made to only one vendor? Yes. We want to be able to go to one contact person to take care of an of our problems. If more than one of you wants to get together and come up with one package, that may lead to the su b situation, and again, we can certainly work with you as long as it is appropriate for aU of us. Victor Mercedes is our Facilities Supervisor, and whoever receives the contract will be working with Victor or his Supervisor, Assistant Director of the Public Works Department Bill Evans, or myself (Rick Conner) and can be contacted at 305-792-1928. 20. On page 29, can you go over the prices and quantities? Please see the answer to question 21 below. There should be the number "I" inserted on page 30. under C3. Quantitv. 21. Can you also go over C1? In Line Cl, you take the quantity times your unit price to get the total bid. For example, in At, if you charge $1 to clean an office, then in the first column you would write $1 per month to clean one office, and in the far right column you would write $48 because that is your total price to clean everything. 22. What are you trying to accomplish by breaking it down that way because each of them have a different overhead and they may say that they are just coming in to clean a hall, just for that hall the overhead price is going to be greater? What we are concerned with is that we are in the process of maybe breaking two (2) offices into one (1) office, or taking an open space and building three (3) offices. We want this on record so that at the end of the year, and we are at 52 offices, then we don't get into "well you changed everything and I have to increase my price by 50% on the total project". We just want to be able to say okay, we added three (3) offices in this building, we converted an open area and so there is one less open area and three more offices, and so I am going to deduct one open area and increase three offices and that is what we are paying because it is already done because we decided this upfront. We intend to give one bidder this package. We want to have a sense of where we are spending our money and for what. The other issue is, sometimes we get activities during certain months and the building gets very dirty, so last year we said okay, lets have them up the frequency but we didn't know what it was costing us to have that work done. 23. Some of us participated in a bid opening in Palm Beach County and they wanted prices on desk cleaning because they were looking for deductions/penalties. 08-06.02 Pre-Bid Conference QA Page 3 of 5 That is not what we are doing, we just want to be able to say I need you in here six (6) more times this week to do this, and I know you charge $52 to shampoo all the carpets in City Hall and I need you to do it every night this week, again, we know what we are looking at. 24. That is why we need the floor plans for the square footage. We can't price it up like this without the square footage. And we can make that available to you for your review. [See Note under question 28.J. 25. Bid Opening is on June 24, we have 14 days, which is not enough time to get the required bonds. Two weeks should be enough time but we will postpone the bid opening if you all agree that you need more time. 26. It took seven (7) weeks to actually get his last bond. All you have to get is the bid bond. 27. It is not that easy, if you would accept cashier's checks as well then it is a possibility. On page 49 it states that we accept a cashier's check or a bid bond. 28. We really need the square footage. We will make the floor plans available and you can do your square footage, however, there are some security issues. We need to verify that copies of floor plans can be released as that may be a violation of Florida's Public Records Law, and so our Legal Department needs to research that before we start giving them out. [Note: The City Attorney's Office verified that the City'sfloor plans are exempt from disclosure under Florida's Public Records Law.] Victor will give you a tour of City Hall and of the Community Center. The Public Works facility is at 1920d Street. It is an old set of trailers that were put together and there are some offices, we can get you the square footage on those but it is pretty non- descript. 29. How many people are there in the facilities so we can project the usage? We have approximately 200 people in City Hall; 17 regular employees at the Community Center but today we have 300 kids and parents over there signing up for the programs and so it is going to be a very busy place. There are only 17 people in the Department of Public Works and so he estimated about 8 or 9 people at anyone time. 30. In the 151 floor men's restroom, there are no paper towers and there is a sign saying that there won't be any paper towels, is that consistent throughout the building? No. We have had problems in the past with people residing in those restrooms on the first floor, but all others have paper. When you submit your bids. don't put them in binders. just clip them. We need one original and four (4) copies. 08-06.02 Pre-Bid Conference QA Page 4 of 5 The Pre-Bid Conference was concluded at 10:54 a.m., at which time the attendees went on a tour of the facilities. The sign-in sheet will be scanned and loaded on Demand Star. 08-06-02 Pre-Bid Conference QA Page 5 of 5 City of Sunnv Isles Beach Mandatory Pre-Bid Conference - Sign-In Sheet Bid No. 08-06-02 For Janitorial Services 18070 Collins Avenue, 1st Floor Meeting Room, Sunny Isles Beach, FL 33160 Wednesda June 10,2008,10:00 a.m. ~~~ Staff: Guests Name: it} IS It- ALa}if S 0 Title: {'/fl<- S' L~~ Company Name: t< ELL Y u fttJ 1m 1t.4~ ~ 1 0 -t~s,' / ,J C- Address: :2/ J 0 <5 uJ. l' '-I CT 'City: 111A-'f I State: h- Zip: Jt J Ie r Phone: 3 or -17'1-Z656 Fax:3D~""'22-D-V63JEman: Ke.I/j e~~II(T4"J o rt58C(A.. Name: G~}~"-l-c:....~\. ~() Wre> Jcjp\ Title: ~...,,~ C!~ of ~((: (J Company Name: ~\ C()N\.~~'\.~L c...O ~""~~~~ Address: 101 NE:. J....~ a.\J~ City: ~. )..a~r~~te: FL Zip: '5330/ Phone: 0!r<t13.?2.3':)..2. Fax(917Y3,?-25'?:Q Emai1: ~~ecfln-Uc...("~ ~~.c Name: 1et-"lvuv HG~~ Company Name: HCJ.eA.7/-Q.S r Je~ CnYf~ Address: 3!j AI Lv J g '::, 8t City: N } ~ State: F L Zip: ~'31 b q Phone{~~tq - t)q J I Fax:l~D?)Z'fq-~7~CfEmall: J~d~?US Name: -L'f\Jo A\~Qn'C Title: \4c:rOJfi-\- \(PJp companyNome'~~cll I1-IN~ ~"'VJ CP S Address: ~ ltC <. w ~ rJ ~-\ , It ~1,ty. ~ e ~~~ f'L Zip: ~ ~~ Phone: tgS\\ )Sl\S-461 ~ \ Faxl9Sli)9-\lS-4C\b 3EmalJ:e'\~\V:\t\~ \n.€>k\ Title: ~~Sl~ :e~~.. ~~. Mandatory Pre-Bid Conference - Sign-In Sheet Bid No. 08-06-02 for Janitorial Services 18070 ColliDs Avenue, 1st Floor Meeting Room, SWUlY Isles Beach, PL 33160 Wednesday, June 10, 2008, 10:00 a.m. Name: M '\ ("J ~p..c.;;.\ ~ ')-"-~ ~ '-( Title: \) p, CompanyName: C'_\ ~...p.f\) ~l I... ('~",,,,,,,,E.'-C". (....\- t\ L...p;~n.c:;.<i:8 Address: "I ~ f::..~ "-~'v1A ~ ~ '2~:q City: \)~'b ~ State: ~ L Zip::1 3 3 7 p." Phone: Cj c;t.\ l..\~ ~ \'\ \-\ Fax: ~ u,\.\, \\ 71 L..'- U. L~ lei N_" K.L (1 ~..~ L TItw. ~~--~ /<.<yJ C......nyN"""~C.~ ~~. (1l,~"<-<f Address:J91-S~$h~'fa, ~Ittty: WtJe.-!- &lState: ':' Zip: 3>1>'111 Phone: 5"'~ir"I'12'2 Fax: 1./- 1'1- J[ ': .......... c-..:,-~ f.C-e~ Name: t\~o..~' \-t., \,\~ Company Name: t\ ~ & 1- Addras: "S ~ 'SO ~ ~ Phone: g S 4. -" ~ l.{ -l.oD '\ filii l~ Tide: ~ ~~- City: "'1~ Fax: ~ -1'W-O(,f(.. State: R. Zip: ~ ~ ? ~, EmaD: M.""".' \\~...Q.lol~~1..e.\<<o.M\. IV. Name: ~J\R Co ~()IJ.pa Title: ~<S' M J\/VA 6qz I Company Name:J~ 1J I li ~ Addnss: ~()O(j H.oLL1uJoa~t3l"c-l,S~b~ 6t:crr~State: iL- Zip: S30Zl Phone: q (4- ~3D- 66/ / Fax: q~'I-etfJ /Or.fo3 EmaD: "YrLlAAfj ~~I&{,"~~;J I Name: '-~; UP~ b..\ \ Company Name: ~A- \ ~ . "'"T~Q., Address: l:o laD D U l.o~tI~;4c. 2.\ City: m i t>...()"\', Phone: ~ lcf\3- J4C\ -,0 Fax:~~..J.trno Tafubj Title: ~W- State: s.L Zip: ~ Emall: un-r-.Dt"lI..J:N.{ g- ~.t".nll(, Name: Title: ~ Lit 17' 1"J'7,~ Fax: J-/).,bttlk State: IF I', Email: ~ .C~ Mandatory Pre-Bid Conference - Sign-In Shcet Bid No. 08-06-02 for Janitorial Scrvices 18070 Collins Avenue, lit Floor Meeting Room, SllDD)' Islcs Beach, FL 33160 Wednesday, June 10, 2008, 10:00 a.m. Name: ~\ ~k M Okovo Company Name: ~\\.\"' ~~\i... ~~~\~\\\~"() Address: \ ~ ~ ~ \ ~~ -S'y City: ~ \ 'dN'{\\ Sbte: fL Phone: -S~ ~\.\~'~~5 \ Fax:~~~ ~~t-~'$S'i) EmaU: Title: ~\)MU~\ V\~~ Name: ~a;e~'1 eo;ce 0'0 / A-te?< ~'R:ett. Title: h A-u~ Company Name: ~'6" ec..~ c.otz.-.P . Address:---11-o30~W LO~r City: f6"tt6~\7;'lJfISbte: f1.. Zip: 3302;8 Phone: -:rB6 "M:>L- 14 b b Fax: Email: t b<.t _ (;4) rp@.hot 1?Ot'1 Wrn Name: Tide: ~ W Add~ ..uJ PhODe~ n....").. 1'117 Name: ~eo..\ ~r ~ Company Name: G ~ ~ fv\().,\.,..\ Address: 7<;)~ \ t\).e I ~~ ~LMR:ity: _N\"b.r.,..... Phonc: Q~\1'S \ ....~~\ Fax: ~~\1S"'-~lt'S City: ~ -/JIOI State: ,.L. Zlp:.f~ I{J Fax(!~(7), -/,rJ). EmaU: ".'~+~~m4<t!bt1ho ,aJ) Tide: \/, ~ I " Sbte: \-l_ Zip: ~~ \~ ~ Emai1: ~ \~...... ~ <;U-...x <J.. ~ ~. \. Q (' Name: Tide: Company Name: Address: City: State: Zip: Phone: Fax: Email: Name: TIde: Company Name: Address: City: Sbte: Zip: Phone: Fax: EmaU: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Janitorial Maintenance Services - Bid No. 08-06-02 ADDENDUM NO.6 Questions & Answers Q: [Are] the contractors responsible for the supply of toilet paper, plastic liners, hand soap, toilet seat covers, [and] hand towels? A: Yes. Q: [Are] the Community Center and Public Works also 6 times per week service(s)? A: Yes. Q: How [will] the successful bidder calculate the performance and payment bond if the quantities are estimated? [Will] the real quantities be given to the winner to process an accurate performance and payment bond? Otherwise it is unfair for the contractor to buy the bonds for an amount higher than the amount received by the City or vice versa. I will give an example: The contractor will provide the City the bonds required for $50,000.00 per year (sample number) and the Purchase Order of the City to the contractor is $35,000.00. We need to know somehow an estimate quantity, to calculate the price of the bonds required and include it in the final price of the Bid Form. A: Base the bond on the estimated quantities. Q: Page 29 BID FORM: Is it correct the following sample tabulation: 48 quantities x $1.50 (unit price per office) x $25.98 times per month (6 times per week services The UNIT BID space should be =$38.97 ($1.50x25.98) and The TOTAL space should be =$1,870.56 ($38.97 x48) The tabulation is correct? If not, please give an example. A: Whatever number you put in the box, it should reflect (just as the bid itself and the back up documents state) the price for cleaning one office for the number of times per week specified for that office (5, 6, ete.) for one full month. I'm guessing based on what I think you meant to say above, you would enter $1,870.56 in the box. Janitorial Maintenance Services - Bid No. 08-06-02 Addendum No.6 (Questions & Answers - 06.16.08) Pa2e 2 of 2 Q: How much is the current contract for the janitorial maintenance of the City and for how long [have] you had this price? A: Since we don't currently have services on all of the buildings, it would be very difficult to give you a number you could compare to this form (it would be apples and oranges). City of Sunny Isles Beach 18070 Collins A venue Sunny Isles Beach, Florida 33160 Janitorial Maintenance Services - Bid No. 08-06-02 ADDENDUM NO.7 Questions & Answers Q: As I am preparing the bid for the custodial services for your facilities I ran into a couple of questions? A: The public (park) restrooms are to be cleaned seven days per week. Q: The library is cleaned five or six days a week? A: Six. Q: Are you going to request or have a day porter and will they use the cleaning company during business hours. A: I don't understand your questions. BID FORM FOR THE JANITORIAL MAINTENANCE SERVICES NOTE: The quantities shown in this bid form are estimates only! They may vary significantly from the actual quantities ordered by the City. Payments shall be for the units ordered, placed, and accepted by the City. The Bidder, by signing this Bid Form and Contract, fully acknowledges that he/she will receive no additional compensation (no overhead, no anticipated profits, etc.) other than the bid unit price of the items times the number of items authorized, ordered, placed, and accepted by the City. 7.6. Bid Form ITEM DESCRIPTION QUANTITY UNIT BID TOTAL I A. OFFICES X $ L..1l . 5 ~ $ City Hall Offices 48 Per Month of 'l~Lf,\{) Cleanin One Office = X $ L.( l. 6" ~ $ A2 City Hall Cubicles 40 Per Month of '''' .'(6 Cleanin One Cubical = X $/l{ {.,.sS $:r6J.-:f5 A3 Pelican Community Park Offices 5 Per Month of ~ Cleanin One Office = X $ /Lf(..5fJ $ A4 Pelican Community Park Cubicles 4 Per Month of SiC. .;).0 Cleanin One Cubical =, X $ Lfr.c,,6 ;$ ! AS Public Works Offices 6 Per Month of i dq r... Cleanin One Office i $ A SUBTOTAL B. KITCHEN AREAS X $ $ B1 City Hall Kitchen Areas 4 Lf/ .5fo Per Month of Cleaning One Kitchen Area = PAGE 29 OF 78 Pelkan Community Pa,. Kitchen ....a' I IX $ 1'-(~.5S $ 82 1 I Per Month of Cleaning One Kitchen Area = X $ $ 83 I Public Works Kitchen Areas 1 L( Y . '" Per Month of Cleaning Ll~. 't. One Kitchen Area = i$ 8 SUBTOTAL 2>'=> . '-t S'" C. HALLWAYS AND COMMON AREAS X $ i$ I C1 City Hall 4 L{ I . &10 Per Month of One Area = X $ [$ C2 Pelican Community Park 1 it{ (',55" Per Month of One Area = X $ [$ C3 Public Works Office Building ! I Per Month of ----- One Area = I I i$ I C SUBTOTAL I I 111 .11 D. FOYER AND RECEPTION AREAS X $ 1$ 01 City Hall Foyer and Reception Areas 4 LIt. S k Per Month of { One Area :;:: X $ '$ 02 Community Center Foyer and 2 (L{ G, ,5 S Reception Area Per Month of One Area - 0 X $ D3 Public Works Foyer and 1 l{~.(Pf- Reception Area Per Month of '-(~.fo' One Area :;:: $ D SUBTOTAL I I 508 ,00 I E. RESTROOMS PAGE 30 OF 78 x $ $ City Hall Restrooms 13 Llt,5 fa ,')~O.~~ Ei Per Month of i : One Area - X $ ll{ '(5) 1$ ! I Community Center Restrooms 5 I 1-~2 .1~ E2 Per Month of I I One Area - i , X $ Il.{L.55" $ i Park and Beach Access Restrooms 6 Per Month of y~{. 30 E3 I ~ One Area - ! ! $ E SUBTOTAL : l(S) .3~ F. ELEVATORS X $ $ Lf (. 5 C:. I Fl City Hall Elevators 3 Per Month of Cleaning l2'i. ~ ~ One Elevator - X $ i$ Community Center Elevators I Lit .55 I Lfb .~5 I F2 1 Per Month of Cleaning One Elevator = $ F SUBTOTAL J}(.J-~ t G. COMMISSION CHAMBERS X $ $ I 1 L({,S6 , City Hall Commission Chambers L( ( ; ~ 1.0 I Gi Per Month of Cleaning - $ I ! ~II , 5 ~ I I G SUBTOTAL ! I H. MISCELLANEOUS ITEMS 1 X $ L{ t ,S Ie On Call Per Cell Per Cleanin = X $ l Lf ~ ,S:; 1 Per Month Per Room Per Cleanin x~ {U.~3 P't/ )'YI~~l c I c..l iAu~ ,:)c...-+ i$ , i Hi Police Department Holding Cells 2 H2 Pelican Community Park Creative Arts Room ~~ ' l L i$ /~L.5~ H~ l~~ ! bt . t!J PAGE 31 OF 78 x $ $ I {l(L.S) I ! H3 Pelican Community Activity Rooms 3 Per Month of Ll~l . &5 Cleaning Per Room I = ! i X $ Ii{ ~ .5~ $ i I t I H4 Pelican Community Park Gymnasium 1 I I Per Month of IlLe. 155 Cleaning = , X $ $ r I HS Pelican Community Park Gymnasium 1 ILl t .SS' I Concession Stand Per Month of IL( l,s~ i Cleaning = ! i$ r I I , H SUBTOTAL i 1~7..i5' r i I t I. STAIRWELLS i I X $ L{ { . 5 ~ 1$ III City Hall 1 I Per Month of , LI { , 5 fo Cleaning = ! X $ i$ I 1 I C.( ~ . 55 ; 11 Pelican Community Park Per Month of , ti ~ ,S5' Cleaning i = , , i$ , I i I I I SUBTOTAL ( ~ X . l ( ! i $ GRAND TOTAL q X~~ . L{ ( NOTE: The quantities shown in this bid form are estimates only! They may vary significantly from the actual quantities ordered by the City. Payments shall be for the units ordered, placed, and accepted by the City. The Bidder, by signing this Bid Form and Contract, fully acknowledges that he/she will receive no additional compensation (no overhead, no anticipated profits, etc.) other than the bid unit price of the items times the number of items authorized, ordered, placed, and accepted by the City. Grand Total (based on the estimated quantities) written out in words: }..l ;"'~ tl"u.",~J f :(,lJ L~,QJ ~ l~~/I~rs and 't I Cents. PAGE 32 OF 78 . -\l.. - SUBMIlTED THIS 1. L{ DAY OF J L.UA.. 4 f 20 01-3 If BIDDER is: AN INDMDUAl By (SEAL) (Individual's Name) Doing business as : Business address Phone No Facsimile No If BIDDER is: A PARTNERSHIP By (SEAL) (Firm's Name) General Partner Business address Phone No Facsimile No Title Business address If BIDDER is: A CORPORATION : ~ oJ ~O'" ~: J"LllL:.M <:.~ ~,,&..t' I<-<L (Corp9t9tion'~ NAlme) State of Incorporation: {- (~t cJ...c:........ Representative (00CA- <;.. 1<:- ov~ (Na.3:e Os. . ~~ori2ed to Sign) [~l\- ~&~', t ~.~ -:~~7 ( tll'b'lY~ W'- : S" - ~ 1 'I - 53 Attest~~ ~~) By Phone No Facsimile No (Corporate Seal) If BIDDER is: A JOINT VENTURE (Name) (Address) (Name) (Address) PAGE 45 OF 78 (Each joint venture must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above.) CERTIFICATE OF AUTHORITY (IF CORPORATION) STATEOf)~ COUNTY OF ~~6Q.' c~ I HEREBY CERTIFY that a meeting of the Board of Directors of the a corporation existing under the laws of the State of , held on 20_, the following resolution was duly passed and adopted: "RESOLVED, that, as President of the Corporation, be and is hereby authorized to execute the Bid dated, -JL-..\A."L 2 l. ( ,20.6.L , to the City of Sunny Isles Beach and this corporation and that their execution thereof, attested by the Secretary of the Corporation, and with the Corporate Seal affixed, shall be the official act and deed of this Corporation." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this I ( ,day of T ~L ,20~. ~~ ~~~- Secretary: (SE:L) /.............- / C- ~ PAGE 46 OF 78 Bond No. 70539256 SEmON 8 BID BOND STATE OF FLORIDA Stockton Maintenance Group, Inc. KNOW ALL MEN BY THESE PRESENTSr that we, 1975.sansburyway, Suite 116, Hest Palm Bea~~liL as Principalr and Hestern Surety Corrpany, PO Box 5077, SlOUX Falls, SD 57117-5077 I as Suretyr are. held and firmly bound unto the City of Sunny Isles Beach, a municipal corporation of the State of Florida in the sum of five percent (5%) of annunt bid Dollars ($ 5% of bid )r lawful money of the United Statesr for the payment of which sum well and truly to be mader we bind ourselvesr our heirsr executors, administrators and successors jOintly and severallYr firmly by these presents. ) ) ) COUNn' OF THE CONDmON OF THIS OBUGATION IS SUCH that whereas the Principal has submitted the accompanying Bid dated, June 24, 2008 XOOX for: l.J.ndscaflc Maintenance Service Agrement . WHEREASr it was a condition precedent to the submission of said Bid that a cashier's check or Bid Bond in the amount of five percent (5%) of the Base Bid be submitted with said Bid as a guarantee that the Bidder would, if awarded the Contractr enter into a written Contract with the City for the performance of said Contractr within ten (10) consecutive calendar days after written notice having been given of the Award of the Contract. NOWr THEREFOREr the conditions of this obligation are such that if the Principal within ten (10) consecutive calendar days after written notice of such acceptance, enters into a written Contract with the City of Sunny Isles Beach and furnishes the Performance and Payment Bonds, satisfactory to the City, each in an amount equal to one hundred percent (100%) of the Contract Price, ahd provides all required Certificates of Insurance, then this obligation shall be void; otherwise the sum herein stated shall be due and payable to the City of Sunny Isles Beach and the Surety herein agrees to pay said sum immediately, upon demand of the City, in good and lawful money of the United States of America, as liquidated damages for Failure thereof of said Principal. IN WITNESS WHEREOF, the above bonded parties have executed this instrument under their several seals this . 23rd day of June ,2.0 08 , the name and the corporate seal of ea.ch corporate party being hereto affixed and these presents being duly signed by its undersigned representative. DOCUMENT CONTINUES ON NEXT PAGE IN PRESENCE OF: Stockton Maintenance Group, Inc. ~~ Individual Partnership Principal Affix Corporate Seal 1975 Sansburyway, Suite 116 Business Address West Palm Beach, F1 33411 Oty, State, and Zip Code 561-684-8922 Business Telephone 561-684-9793 Business Facsimile ~~~ ~X Witness I Bradley I<oosrrann .,.' (",. " 1')' Hestern Surety CCJfTP.a)1Y (Corporate Surety)* [ :;, 'i \i):) ,. . i : '.~_, : ':\. ':~. ATTEST: .,',! . " ., ."/, By: ....J~.j.L ~L\-. ,',;' Jack L. Anderson..' Attorney-in-Fact *Impress Corporate Seal IMPORTANT Surety companies executing bonds must appear on the Treasury Department's most current list (circular 570 as amended) and be authorized to transact business in the State of Florida. END OF SECITON ACKNOWLEDGMENT OF PRINCIPAL (Individual) S tate of County of On this day of / , in the year , before me personally comes / , to me lmown and known to me to be the P~~hO is described in and executed the foregoing instrument, and acknowledges to me that he/she executed the san1e. } Notary Public ACKNOWLEDGMENT OF PRINCIPAL (partnership) State of County of On this personally come(s) a member of the co-partnership of } 7/ / , in the year , before me to me mown and known to me to be the person who is described in and executed the foregoing instrument, and acknowledges to me that he/she executed the same as the act and deed of the said co-partnership. Notary Public State of ACKNOWLEDGMENT OF PRINCIPAL (Corporation/LLC) H /t } County of S 'U...-v\ '=:l ( VL \ I . ~ '" '2 ..J r- ., '0 On thIS c-,.( ~ \ '1 day of ___J l,M,,\ ~ , in the year d 0 \:'6 , before me personally come(s) j) V \.A.. c\ \ CL,':) S ~:.:. ;:), J( CI..A.J,-- , \ - to me known, who being duly sworn, deposes and says that he/she resides in the City of W)2-Q '\ .? Ov,,"- '-"', fu-D..C>~\.. '\) . ' /' ~ '\"€- S \ eX. 50'->--- \- of the S-\C\:.\C~C.A\ \-\ C\ " \)\-\: e (\ CAA."CX- In':::>'-'--~ ....l.. \1\ <- \ L that he/she is the the corporation described in and which executed the foregoing instrument; that he/she lmows the seal of the said corporation; the seal affixed to the said instrument is such corporate seal; that it was so affIxed by the order of the Board of Directors of said corporation, and that he/she signed hislher name thereto by like order. (IOZ '01 A1!W s~!dX3 UO!SS!WWOJ,(W :)!lqDd ~ON 'PlSMO~d uuuv ~~r~~~)) 2.~QC.1 ~M')~ JO,(UP~ S!ql ~w ~lOpq WOMS pun 01 P:Kl!J~sqns rL~ )--0, J "- A..~ ~o"'~ Notary Public Western Surety Company Bond No. 70539256 POWER OF ATIORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, ThDt WESTERN SURETY COMPANY, n South Dakota corporation, is u duly orgunized nnd existing corporation hnving its principul office in the City of Sioux Falls. nnd Slote of South Dakotn, nnd thDt it docs by virtue of the signature und senl herein affixed hereby mnke, constitute Dnd Dppoint Jack L Anderson, Geoffrey Hathaway, Rita Jorgenson, Brenda Risa, Amy Nordaune, Ronae M Rose, Ronald Lee Kaihoi, Individually of Montevideo, MN, its true nnd Inwful Attomcy(s)-in-Fnct with full power nnd authority hereby conferred to sign, senl nnd execute for nnd on its behalf bonds, undertnklnss Dnd other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as ifsuch instruments were signed by n duly authorized officer of the corporation and all the acts of said Attorney, pursunnt to the authority hereby given, are hereby ratified and con finned. This Power of Attorney is made and executed pursuant to and by authority oflhe By-Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY CaMP ANY has callSed these presents to be signed by its Senior Vice President nnd its cOlllorate seal to be hereto affixed on this 24th day of April, 2008. WESTERN SURETY COMPANY Stnle of South Dakotn County ofMinnehnhn } ss On this 24th day of April, 2008, before me personally came Paul T. Bruna!, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Si~ux Falls, State of South Dakotn; that he is the Senior Vice President of WESTERN SURETY CaMP ANY described in nnd which executed the nbove instrument; that he knows the senl of said corporation; that the seal nffixed to the said instrument is such corporate seal; that it was so nffixed pursunnt 10 authority given by the Board of Directors of said corporntion nnd that he signed his name thereto pursuant to like authority, and neknowledges same to be the net and deed of said corporation. My commission expires November 3D, 2012 +~~~~~~~~~~~~~~~~~~~~~,~~+ : D.KRELL : I I :~NOTARY PU8LIC~: I~SOUTH DAKOTA~I I I +~~~~~~~~~~,~~~~~~~~~~~~+ ~ . CERTIFICATE . .' -.- '4'41 I, L. Nelson, Assistnnt Secretary of WESTERN SURETY CorviP,^~~kh~rc~;:'~;~~ifY that the Power of Atto~ey hereinabove set forth is still in - .. ,'/ . . . ~ ,." . force, nnd further certify that the By-Law of the corporation prinledbn the' rcil~rse here~f.js-;tiJI in force. In testimony whereof I hnve hereunlo subscribed my nnme mid affixed the senl ofthe said corporation this 23f:d ;~,' da/~f ; '~9lme \;'" .; 2008 ~ ~', ; -' ::. 7:T:~ ~~ ~ 6f;Et~~". .. f\YE.S~/ERN SURETY COMPANY ~~ 901/)\i>-A,.. '_, - " '. " ft; 0'9- 'I". '<l~ ' ,", .. aw (,i (" ~l ,,,..,., '. . , ~"'" .. 4~\ ~l;"?f/....,;{r... '-< ". ~... '. ....-.".... .rl\i~"'''' ..... ",) 1\, " ,.,.' 'tHC,P.'/.o "" ,,1..'11" ct ~"~"~illry Fonn F4280-09-06 ACKNOWLEDGEMENT OF SURETY STATE OF :MINNESOTA } COUNTY OF CHIPPEWA On this 23 rd day of June , 2008 , before me, a Notary Public within and for said County, personally appeared Jack L. Anderson to me personally known, who being by me duly sworn he/she did say that he/she is the attorney-in-fact of Western Surety Company, the corporation named in the foregoing instrument, and the seal affixed to said instrument is the corporation seal of said corporation, and sealed on behalf of said corporation by authority of its Board of Directors and said Jack L. Anderson acknowledged said instrument to be the free act and deed of said corporation. ~J11~ NOTARY PUBLIC My Commission Expires ! ~.3 ( - d1J J 0 t~3i~ -dJ"''''-'!j '~:.~~~~~.,;: REBECCA J. RISA NOTARY PUBUC - MINNESOTA My Commission Exolras Jan. 31, 2010 SECTION 9 BIDDER QUAUFICATION STATEMENT The Bidder's response to this questionnaire will be utilized as part of the City's overall Bid Evaluation and Contractor selection. The undersigned guarantees, by signature, the truth and accuracy of all statements and the answers contained herein. " . V 9.1. Please describe your company in detail. S 1....L f-l f+ O~,C t\ 4.J::J, 9.2. 9.3. 9.4. 9,5. 9.6. 9.7. 9.8. 9,9. PAGE Sl OF 78 The add~ss of the principal place of busines~ is: I ct =t -.S ~ c....1I\~ b ..... of' ~ 't, L.J ..... ~ -"t I L ~ w'~ i- ?l'.\ \ rl\ t)1.o. c:. 'h F I .lllf.ll Company telephone number: -5 (., I - t. 'llj , <i 1.11. ~'l - 'Z~, 9~ 13 +,,,,~ Number of employees: :1S0 Number of employees assigned to this project: IK' Company's Identification Number(s) for the Internal Revenue Service: ~5"' OS~~033 Miami-Dade County and City of Sunny Isles Beach Occupational License Number(s): How many years has your organization been in business? / L./Lj t G\.r,5 What similar engagements is,YOUr company presently working on? If none, write "none". S ~ t A-\-t u.L '^ i-a ,.----- 9.10. Have you ever failed to complete any work awarded to you? If SOl where and why? V, 0 9,11. The work described in this project is to occur within public right-of-waysl parksl public facilitiesl and buildings. List similar governmental or quasi-governmental projects for 'fhich you have completed or have on-going services. If none I write "none", S ~i. A-+t Cc-L ~ f. & PROJECT 1: Project Name/Location Owner Name Contact Person Contact Telephone No. Yearly Budget/Cost Dates of contract From: To: PROJECT 2: Project Name/Location Owner Name Contact Person Contact Telephone No. Yearly Budget/Cost Dates of contract From: To: PROJECT 3: Project Name/Location Owner Name Contact Person Contact Telephone No. Yearly Budget/Cost Dates of Contract From: To: PAGE 52 OF 78 9.12. List the following information concerning all contracts in progress as of the date of submission of this Bid. (In case of joint venture, list the information for all joint ventures.) If none, write "none". Total Contracted Percentage Project Owner Contract Date of of Name Value Completion Completion (to date) 9.13. Has the Bidder or his/her representative inspected the public right-of-ways, parks. public fadlities. and buildings; and does the Bidder have a complete plan for its performance? (i.. 5 9.14. Will you Sub-Contract any part of this work? N {) If so, give details including a list of each Sub-Contractor that will perform work and the work that will be performed by each Sub-Contractor. Classification of Work Name and Address of Sub-Contractor If, prior to Notice of the Award, the City or the Contractor has reasonable objection to and refuses to accept any Supplier, person or organization listed, the Bidder may, prior to Notice of Award, submit an acceptable substitute without an increase in their bid price. PAGE 53 OF 78 9.15. State the name of your proposed staff supervisor and give details flf his/her qualifications and experience in managing similar work. 2> '2 i. A -t+ '-vLk ~LX. 9.16. State the true, exact, correct and complete name of the partnership, corporation or trade name under which you do business and the address of the place of business. (If a corporation, state the name of the president and secretary. If a partnership, state the names of all partners. If a trade namEf state the names of thE1individuals who do b~siness under the trade name.) ~-tDL \,,+ bV\ t-\~: LA TLV\ u. V\.Lt. 6. Jl)u.p 11 is S~51ou.~ '~ L..Jb ~ Ut> L...J ~~.\-- fJ u..l.M ~~ CL c...l P L ~ Y. It 9.16.1. Correct namF of the Bidders is: \ S -\- = Lt. -\-- 0 lA t-L....1. IA T ~ 1Au..1I\ L i.. ~I.JOu-r 9.16.2. The business is a (Sole Proprietorship) (Partnership) (Corporation). LO.l'f L:H'" u.. *- ~ D LA 9.16.3. The names of the corporate officers, or partners, or individuals doing business under a trade name, are as follows: l ~ J I ~OLA~ ~ . fJ... : 6) I" d LA-V\ P 1"15 \ t vcr 9,16.4. List all organizations which were predecessors to Bidder or in which the principals or officers of the Bidder were principals or officers. If none, write "none". r\l:lllt. 9,17, List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or against the Bidder, its parent or subsidiaries or predecessor organizations during the past five (5) years. Include in the description the disposition of each petition. If none, write "none". {)Df\v 9.18. List and describe all successful Bid, Performance or Payment Bond claims made to your surety(ies) during the last three (3) years. The list and descriptions should include claims against the bond of the Bidder and its predecessor organization(s). If none, write "none". V\ 6) v\ Z, PAGE 54 OF 78 9.19. List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Bidder or its predecessor organization(s) during the last three (3) years. The list shall include all case names; case, arbitration or hearing identification numbers; the name of the project. If none, write "none". Dated this II day 9 "--'- , 200( , 2O(ff.' BY:, "" ~ s~ f'>w ~ ~. R-." evL Print Na I y/,~ i ci~vA--t- Title 5 acknOWI~ before me lI1is II day p (- 0 A . Print or Type (AFAX NOTARY STAMP HERE) .D4"-y ~. Notary Public State of Florida ~ ~II"'" Elaine Moschetti ~ c. ,,; My Commission 00747355 ~ 0, f\.o4' Expires 03101/2012 Personally Known ~R Produced Identification ; Type of Identification Produced END OF SEmON PAGE 55 OF 78 SECTION 10 NON-COLLUSION AFFIDAVIT STATE OF FLORIDA } COUNTY OF fc.l~ A"'l~~ ~ The undersigned being first duly sworn as provided by law, deposes, and says: 10.1, This Affidavit is made with the knowledge and intent that it is to be filed with the City of Sunny Isles Beach City Commission and that it will be relied upon by said County, in any consideration which may give to and any action it may take with respect to this Bid. 10.2. The undersigned Is autho ized to make this ffidavit on behalf of, o l<.. c-~ ~ (Name of Corporation, Partnership, Individual, etc.) a, C"V~G-t ""- . formed under the laws of (T pe of Business) of which he is J 17 6. i J LA-- +- (Sole Owner, Partner, President, etc.) FLIJJ ~t'Jc.- (State) 10.3. Neither the undersigned nor any person, firm, or corporation named in above Paragraph 11.2, nor anyone else to the knowledge of the undersigned, have themselves solicited or employed anyone else to solicit favorable action for this Bid by the City, also that no head of any department or employee therein. or any officer of the City of Sunny Isles Beach, Florida is directly interested therein. 10.4. This Bid is genuine and not collusive or a sham; the person, firm or corporation named above in Paragraph 11.2 has not colluded, conspired, connived or agreed directly or indirectly with any bidder or person, firm or corporation, to put in a sham Bid, or that such person, firm or corporation, shall refrain from bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference with any person, firm or corporation, to fix the prices of said proposal or proposals of any other bidder; and all statements contained in the proposal or proposals described above true; and further; neither the undersigned, nor the person, firm or corporation named above in Paragraph 11.2, has directly or indirectly submitted said proposal or the contents thereof, or divulged information r a rei. ereto, to any association or to any member or agent thereof. jJ/t~s I /J ~ ~-r AME IpV'~~k'" ~. ''''i2..~t-l AFFIANT'~ TAKEN, SWORN AND SU~BED TO BEFORE ME this.LL day of Personally Known V or Produced Identification . Type of identification / Z . 20rf: (Affix seal h ; ~. Notary Public State of Florida i ~Ii"'" Ellllnc Moschetti . c ," My Commill!liOl'l DD747355 ~ C . Expires 03101/2012 ~Of'" END OF SECTION PAGE 56 OF 78 1- SECTION 11 PUBUC ENnTY CRIMES Pursuant to the provisions of paragraph (2) (a) of Section 287.133, Florida State 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 perfonn 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 Category Two of Sec. 287.017, FS for thirty six months from the date of being placed on the convicted vendor list". CONFUcrS OF INTEREST The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State Statutes. Bidder's must disclose with their Bids, the name of any officer, director, partner, associate or agent who is also an officer or employee of the City of Sunny Isles Beach or it's agencies. PAGE 57 OF 78 r SWORN STATEMENT PURSUANT TO SEcnON 287.133(3){a) FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS, 11.1. This sworn statement is submitted to Citv of Sunny Isles Beach Ci~ Commission bY_~OLi~' R ~ n~l.-tt P10z S ; Jf..~ trrint 'duafs name and . 1. for 5+oc... ::t ov( ~.A-- t... a G, r./D C. [print name of entity submitting swom statement] whose business addressJis: w.. . ('i T. <( $ -...u.s "'''''' '0' s c. E:: t~)~\s+ P J 1M-- ~7C-..L and (if applicable) its Federal Employer Identification number (FEIN) is '5 ~ 0:;1.- ~ D3 S (If the entity had no FEIN, include the Social Security Number of the individual signing this sworn statement: . ) ~LA-~*-e:.. { L 0 F ( 3:S '-( I ( 11.2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any Bid or Contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 11.3. I understand that "convicted" or "conviction" as defined in Para. 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trail court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. 11.4. I understand that an "affiliate" as defined in Para. 287.133(1)(a), Florida Statutes, means: a.) predecessor or successor of a person convicted of a public entity crime; or b.) Any entity under the control of any natural person who Is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executors, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prime facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 11.5. I understand that a "person" as defined in Para. 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding Contract and which Bids or applies to Bid on Contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "persons" includes those officers, directors, PAGE 58 OF 78 I executives, partners, shareholders, employees, members, and agents who are active in management of any entity. 11.6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Indicate which statement applies.) X Neither the entity submitting this sworn statement, nor any of it's officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this swom statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order.) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBUC ENlllY IDENTIFIED IN PARAGRAPH 11.1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBUC ENTITY PRIOR TO ENTERING INTO A CONTRACT" IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY, CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. BY:~~~ ~nature) S /J cL Ot.A.~ . 1\.: ;( u<- (pr~ed. ~ (Title) n subscribed before me this II ~ t:JA:~ i~~QII\. NQtllll'Y P.Ubl~ :ltatll of Florida . . l;llIif11l Mosc"'~ttJ ~ c.. t., A My CommiJaklft 00747355 ~o"t'P'" E~"Irt'lf 03/01/201< ced Identification END OF SECTION PAGE 59 OF 78 I I I II I I I I I I I I I I I I I I I I I SECTION 12 NOTICE OF AWARD TO: ~~~ MC\'f\~a.vtQ...L PROJECT DESCRIPTION: Landscape Maintenance Services Contract, Bid No. Ot-OLQ-O'Z-. The City has considered the Bid submitted by you for the above described Work in response to its Advertisement for Bid and Instruction to Bidders. You are hereby notified that your Bid has been accepted for the Landscape Maintenance Services Contract Bid # 0 <1- 0 ~ - 0'- , in the estimated amount of $ \ ~I CY:n ~ 00 . You are required by the Instruction to Bidders to execute the Agreement and furnish the required Contractor's Performance Bond, Payment Bond and Certificates of Insurance within ten days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said Bonds and Insurance within ten days from the date of this Notice, the City will be entitled to disqualify the Bid, revoke the award and retain the Bid Security. Dated this I ~ ~ day of f\vdu~t- ,20_. BY: A. John Szerlag, City Manager ACCEPTANCE OF NOTICE OF AWARD Receipt of the above Notice of Award is hereby acknowledged by this 13~ BY: day of Avj tJsr , 20 0<6. ~/;;;Y ~ ./ illLE: ?12 2.9. I DCa p..,). You are required to return an acknowledged copy of this Notice of Award to the City. END OF SECTION PAGE 60 OF 78 SECTION 17 ACKNOWLEDGMENT OF CONFORMANCE WITH OSHA STANDARDS To: City of s!nv Isles Beach We, ~ ",,,.to ovt k. k-l-".UhLA ~ ~ ",<,>,-,,0 T,-<~ , hereby acknowledge and [Prime Contractor] U agree that we, as the Prime Contractor for the Janitorial Services Maintenance Services Contract, b 1-1)6 'O'L as specified, have the sole responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and health regulations, and agree to indemnify and hold harmless the City of Sunny Isles Beach against any and all liability, claims, damages losses and expenses they may incur due to the failure of [Sub-Contractor] [Sub-Contractor] [Sub-Contractor] to comply with such act or regulation. ~~ CONTRAcrOR fJ7f->t~LL+ TITLE BY: S-;;-VC;crON rn-A..l~'{~-r\I\~C<C 6-f<.auP/ fNc... END OF SECTION PAGE 73 OF 78 SECTION 18 EQUAL OPPORTUNITY I AFFIRMATIVE ACTION STATEMENT The contractors and all subcontractors hereby agree to a commitment to the principles and practices of equal opportunity in employment and to comply with the letter and spirit of federal, state, and local laws and regulations prohibiting discrimination based on race, color, religion, national region, sex, age, handicap, marital status, and political affiliation or belief. Signed: P~z~cr ~I<: ~'^t tAr, ,,{ Lf ~Jo'-'-j3 ~~ ~~b~~~tLl~" ~(lb . . ~ f~L z~l ~( 33yt! Title: Firm: Address: END OF SECTION PAGE 74 OF 78 SEcnON 19 CONFLICT OF INTEREST STATEMENT STATE OF FLQPJ~A l COUN1Y OF ~lvM i3:>t.4.€. BEFORE ME, the undersigned authority, personally appeared was duly sworn, deposes, and states: I F'/~ ~ " JtvL-\: with a local office in ~ ) kl/\ f l ( 20 0 ~ , who Wi~A- P~vH I~~L of and 19.2. bv . OG, - O:l. The above named entity is submitting a Bid for the City of Sunny Isles Beach, Bid No. described as: Janitorial Maintenance Services. 19,3. The Affiant has made diligent inquiry and provides the information contained in this Affidavit based upon his own knowledge. 19.4. The Affiant states that only one submittal for the above bid is being submitted and that the above named entity has no financial interest in other entities submitting bids for the same project. 19.5. Neither the Affiant nor the above named entity has directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraints of free competitive pricing in connection with the entity's submittal for the above bid. This statement restricts the discussion of pricing data until the completion of negotiations if necessary and execution of the Contract for this project. 19.6. Neither the entity nor its affiliates, nor anyone associated with them, is presently suspended or otherwise ineligible from participation in contract letting by any local, State, or Federal Agency. 19.7. Neither the entity, nor its affiliates, nor anyone associated with them have any potential conflict of interest due to any other clients, contracts, or property interests for this project. 19.8. I certify that no member of the entity's ownership or management is presently applying for any employee position or actively seeking an elected position with the City of Sunny Isles Beach. 19.9. I certify that no member of the entity's ownership or management, or staff has a vested interest in any aspect of the City of Sunny Isles Beach. 19.10. In the event that a conflict of interest is identified in the provision of services, I, on behalf of the above named entity, will immediately notify the City of Sunny Isles Beach. D~_ day of .2007. ~~~~~ DCl,)lz~L~~ S. CJ/Ca.()~ AFFIANT Print or Type ~e and Title r' 2-() Ci j( Sworn to and subscribed before me this -LL day of ,~ool.'" ~ Personally Known OR CI Produced Identification ; Type of dentification NOTARY PUBUC Nol8ry PUtlllc Slate of Florida Elaine Moaehllttl My Commiuion OD747355 E~oirea 03101/2012 PAGE 7S OF 78 SECTION 20 DISPUTE DISCLOSURE FORM Answer the following questions by placing a "X" after "Yes" or "No". If you answer "Yes", please explain in the space provided, or on a separate sheet attached to this form. 20.1. Has you firm or any of its officers, received a reprimand of any nature or been suspended by the Department of Professional Regulations or any other regulatory agency or professional associations within the last fIVe (5) years? YES NO )( 20.2. Has your firm, or any member of your firm, been declared in default, terminated or removed from a contract or job related to the services your firm proVides in the regular course of business within the last five (5) years? YES NO K 20.3, Has your firm had against it or filed any requests for equitable adjustment, contract claims, bid protests, or litigation in the past five (5) years that is related to the services your firm provides in the regular course of business? YES NO ~ If yes, state the nature of the request for equitable adjusbnent, contract claim, litigation, or protest, and state a brief description of the case, the outcome or status of the suit and the monetary amounts of extended contract time involved. I hereby certify that all statements made are true and agree and understand that any misstatement or misrepresentation of falsification of facts shall be cause for fo eiture of rights for further consideration of this bid for the City of Sunny Isles Beach, Bid No. 0 - () - 0 Janitorial Services 7a\ntenance sb",k+c,,,,, t{"-I"J'Ht~y.(.C~ ~""r' P ~ /1- 0 i ~~_____ ~ Date ~. R:a j Authorized ignature END OF SECTION PAGE 76 OF 78 SECTION 21 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) COUNTY OF H:.JY\'1 6i,4bl~ I, the undersigned, hereby duly sworn and deposed say that no portion of this sum herein bid will be paid to any employees of the City of Sunny Isles Beach or its elected officials as a commission, kickback, reward or gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By:~~ Title: f,1..fr- ~ i t) Z N/ The foregoing instrument wa~acknowle before me this II day of ~ by U O'L7'~3 <( 0 ~o A-,J ame of person], as -f'd E'S ( ~ EN r [type of authority], for S'toCf<-T?J,.:J MA-I NT. (~i)uO [name of party on behalf of whom instrument was executed]. r # p~ Notary Public State of Florida R ~.. Elaine MollChettl . ~ , .; My Commission D0747355 ~. '~ocf "'xpires 03101/2012 p. t T 0,,,, - ~ nn or yp Personally Known X OR Produced Identification Type of Identificat~ AFFIX NOTARY STAMP HERE: END OF SECTlON PAGE 77 OF 78 SECTION 22 BID CHECKLIST THE FOLLOWING ARE REQUIREMENTS OF THIS BID. USE OF THIS CHECKLIST WILL HELP ENSURE THAT YOUR SUBMISSION IS COMPLffi. Place a check mark in the "Done" column as you complete and enclose each item. , Required Done , Requirement . , ./ Bid Response Sheet/Bid Form/Bid Specifications ./ Certificate(s) of Insurance ./ Certificates of Competencies ./ Local Business Tax (Occupational Business License) ./ -rJ -i\ State License( s) ./ t\J 'It List of Proposed Sub-Contractors ./ I Bidder Qualification Statement ./ j I Non-Collusion Affidavit ./ \I Non-Kickback Affidavit ./ " Public Entity Crimes Sworn Statement ./ / Acknowledgement of Conformance with OSHA Standards ./ --;J; Equal Opportunity/Affirmative Action Statement ./ 7/ Conflict of Interest Statement ./ ,j Dispute Disclosure Form ./ Bid Checklist This checklist must be part of the Bid. Please read the entire Bid documents thoroughly to ensure that your submission is complete. END OF SECTION PAGE 78 OF 78 r ~,~ ~ .tn Cll 3 "@CD -~. ...... mg.' O-(ll O"(Il '<Ill 11 'CD" -'(Il o .. ,~PJ O-::J Il! 0- !ll\iil~ ,,?E (ll -dii' ':r',X iii"'(i1 '~ @~. 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III '" ~ .. n z -f -< ~ !ll " ~ STOCKTON MAINTENANCE GROUP, INC. 1975 SANSBURY WAY SUITE 116 WEST PALM BEACH FL 33411 Stockton Maintenance Group, Inc. (SMG) was incorporated in 1994 by its founder Douglas Riordan. SMG has grown into the regional leader providing quality facility services such as janitorial (list more services?) and maintenance services. SMG has a very diverse customer base providing services to financial institutions, governmental locations including highly secure locations, etc. . . . SMG is quality orientated. We spend more time and effort on management and supervision than most companies in the industry. We believe this is the greatest difference between our company and others. We pride ourselves on our quick same-day response to request, concerns or emergencies that may arise. Our company wide complaint ratio averages less than 3%. This means 97%+ of our customers are satisfied week after week! Issues are resolved right away, without excuses. SMG has over thirteen years experience in the maintenance industry in the South Florida area. We are a regional, medium size company with just over $4.5 million (year ending 2006) in sales (and over 350 employees). Our anticipated annual sales volume at the end of 2007 is over $6.0 million (with over 400 employees). We provide Janitorial and Maintenance (preventive maintenance and repair, skilled- plumbing, carpentry, electrician, etc... and unskilled labor - general maintenance) services to a large number of facilities throughout the State of Florida. We are a financially viable company with the working capital and other resources to easily undertake any increase in demand for our services. We are also familiar with businesses that require a "higher" level of service. Nightly, we service over 500 different office buildings, bank branches, headquarters buildings, commercial facilities, retail facilities, etc.... A background check is performed on all potential SMG employees... SMG specializes in restoration work for carpet, upholstery, grout, marble and stone, awnings, (provider of...) and regularly engages in contract services; carpet cleaning, strip and/or scrub and wax floors. We utilize (3m) environmentally safe chemicals that are proven to work well and take pride, in the fact, that we act responsibly towards the environment and our employees well being. SMG maintains trained fabric cleaning crews and hard flooring service crews. We reinvest a significant portion of our profits in the research and development of new methods and chemicals, training of our personnel, management and front line... SMG prides itself in providing cost effective solutions, with superior quality. We stand ready to provide our quality services to your facilities. Please feel free to contact us to discuss how we can improve and maintain the overall quality and appearance of your facility. . STOCKTON MAINTENANCE GROUP, INe. 1975 SANSBURY WAY SUITE 116 WEST PALM BEACH FL 33411 References REFERENCE #1: WACHOVIA BANK Name: Address: Wachovia Bank Branches and Administrative Facilities in Brevard, Palm Beach and Broward Counties Kim Snyder, VP Corporate Real Estate Management Kimberly .snyder@wachovia.com (904) 489-9918 (904) 489-3030 1,000,000 SF (175 locations) $1,200,000.00/year SMG provides nightly Janitorial and Maintenance services to multiple locations over a broad geographic area. We have provided these services since August, 2002 Point of Contact: Email address: Phone: Fax: Square Footage: Amount: Description: REFERENCE # 2: NATIONAL CITY BANK (Formerly Harbor Federal and Fidelity Federal Banks) Name: Address: Point of Contact: National City Bank All Branches and Administrative Facilities in Palm Beach, Martin, St Lucie, Indian River and Brevard Counties Tony Bernat, Facilities Manager Jimmy McCurter, Facilities Manager abernat@nationalcity.com mccurter@nationalcity.com (561) 655-8737, Fax (561) 655-4393 (772) 460-7258, Fax (772) 460-7248 550,000 SF (90 locations) $850,000.00/year SMG provides nightly Janitorial services to multiple locations over a broad geographic area. We have provided these services since 1995 and 2001 Email address: Phone: Square Footage: Amount: Descri ptio n: 2 ~ STOCKTON MAINTENANCE GROUP, INe. 1975 SANSBURY WAY SUITE 116 WEST PALM BEACH FL 33411 REFERENCE # 3: PALM BEACH COUNTY Name: Address: Point of Contact: Email address: Phone: Square Footage: Amount: Description: Palm Beach County, FL North & West County Lots (37 facilities) Lafayette Jenkins, Contract Evaluator Ijenkins@co.palm-beach.fl.us Phone (561) 776-2067, Fax (561) 776-2055 504,000 SF $1,087,000.00/year SMG provides nightly Janitorial services to multiple locations over a broad geographic area. We have provided all Janitorial services since 09/01/2006. REFERENCE # 4: WORLD SAVINGS BANK Name: Facility Serviced: Contact Person: Email address: Phone: Square Footage: Amount: Services Provided: World Savings Bank Branches and Administrative Facilities in Brevard, Indian River, St. Lucie, Martin, Palm Beach, Broward & Dade Counties and all West Coast FL locations for Maintenance Only Michael Thornhill, District Facilities Manager MThornh iII088@worldsavings.com (561) 495-6910 250,000 SF (26 locations for Janitorial, 50 for Maintenance) $450,000.00/year SMG provides nightly Janitorial and Daily maintenance services to multiple locations throughout the State of Florida. We have provided Janitorial and Maintenance services since 1994. REFERENCE # 5: Royal Palm Financial Center Name: Facility Serviced: Contact Person: Email address: Phone: Square Footage: Amount: Services Provided: Royal Palm Financial Center Financial Office Center, Stuart, FL Kristen Brown kbrown@tedglasrud.com (772) 781-0771 300,000 SF $400,000.00/year SMG provides nightly Janitorial services to this 5 building office campus. We have provided all Janitorial services since 1997. 3 ~- ~ STOCKTON MAINTENANCE GROUP, INe. 1975 SANSBURY WAY SUITE 116 WEST PALM BEACH FL 3341] REFERENCE # 6: Sun Trust Name: Facility Serviced: Contact Person: Email address: Phone: Square Footage: Services Provided: Sun Trust Banking Centers Marge Ramos marge. ramos@suntrust.com (954) 765-7162 65,000 SF SMG provided nightly Janitorial services to this 5 building office campus. We have provided all Janitorial services since 2002.. 4 ~ STOCKTON MAINTENANCE GROUP, INC. 1975 SANSBURY WAY SUITE 116 WEST PALM BEACH FL 33411 Cleaning Plan 1. NIGHT CLEANING: SMG will use the team cleaning method to clean all areas of this contract. Teams will consist of three to four cleaners, each person having a different task assigned to him/her. For all areas one person on each team will be assigned to vacuuming, one for dusting and the third and fourth for miscellaneous tasks. Each person will be responsible for performing a quality check after they have completed their task in a certain area. Because the size and occupancy rate of each site varies, the completion time for each site will vary as well. SMG estimate that our cleaning staff will achieve a cleaning productivity rate between 2500-3500 square feet per hour. SMG will complete all work within allowed time frames. 2. COMMON AREA CLEANING: For all common areas one person on each team will be assigned to vacuuming/sweeping, one for dusting and the third for mopping and miscellaneous tasks. Each person will be responsible for performing a quality check after they have completed their task in a certain area. Because the size and occupancy rate of each floor varies, the completion time for each floor will vary as well. SMG will complete all work within allowed time frames. 3. HARD FLOOR MAINTENANCE: Hard floor maintenance will be accomplished by project workers assigned to this contract exclusively that are experienced in all areas of hard floor maintenance and restoration. Regular maintenance (e.g., burnishing, etc...) will be performed at required intervals (monthly). All hard floors will be stripped within the first six months of the contract. Subsequent stripping will be accomplished at an interval proscribed by the RFP (Quarterly, August start-up, December Break, Spring Break, and June Break). 4. CARPET MAINTENANCE: Carpet maintenance will be accomplished by project workers assigned to this contract that is experienced in all areas of carpet cleaning. Carpets will be vacuumed by each cleaning team during their regular shifts. (Daily) Regular maintenance (e.g., spotting, etc...) will be performed daily to keep the appearance of all carpeted areas clean and free of stains. Heavy traffic areas will be cleaned monthly. Ramsey's or equivalent method per RFP. 5 ~ STOCKTON MAINTENANCE GROUP, INC. 1975 SANSBURY WAY SUITE 116 WEST PALM BEACH FL 33411 5. REST ROOM CLEANING: SMG will assign teams exclusively for rest room cleaning. For all rest rooms one person on each team will be assigned to sweeping/vacuuming, one for cleaning fixtures (e.g., toilets, sinks, urinals, etc...) and the third for re-stocking and miscellaneous tasks. Each person will be responsible for performing a quality check after they have done their task in a certain area. SMG will complete all work within allowed time frames. 6. RECYCLING: SMG has provided for dedicated staff to perform all Recycling requirements of this contract. The only tasks to be performed by these personnel is emptying recycling containers and transporting the recyclables to the central collection area. 7. WINDOW AND BLIND CLEANING: SMG will perform all services required by this contract with in-house personnel. We have the capability and experience to perform window cleaning and blind cleaning. Interior window and blinds will be cleaned as per contract by regular SMG staff. Exterior windows will be cleaned by an experienced team of project work personnel assigned to this contract. Cleaning performed in the months of September, December, March and June. 8. LIGHT FIXTURE CLEANING: SMG will perform all services required by this contract with in-house personnel. All light fixtures will be cleaned on an as requested by regular SMG staff. All light fixture cleaning will be completed in a timely manner/as required by this contract. 9. SPECIAL CLEANING: SMG will provide the personnel to perform special cleaning on an as needed/as ordered basis. We will be able to respond to any increase in the need for our services in a timely manner. All special cleaning will be coordinated with the Contract Manager. 6 ~ STOCKTON MAINTENANCE GROUP, INe. 1975 SANSBURY WAY SUITE 116 WEST PALM BEACH FL 33411 Hi ri n 9 We believe in hiring great employees. Fact is, few job applicants are able to survive our rigorous hiring process. I. Post job opening internally and then in various media to attract a wide pool of qualified candidates. II. Accept resumes and job applications if candidates can meet posted job qualification requirements. III. Pre-screen job applicants and conduct brief phone interview with select candidates to determine those candidates to be interviewed in person. IV. Have candidates go through skill testing, character analysis and background checks (including possible criminal history and credit background, degree certification, driving record and employment history). v. Conduct extensive interviews with remaining candidates. This may include more than one interview, including possible group interviews. VI. Prepare conditional offer to final candidate. Send rejection letter to all others. VII. Sign employment agreement, employee handbook and any other contracts or agreements. VIII. Enter into Orientationrrraining process. 7 . STOCKTON MAINTENANCE GROUP, INC. 1975 SANSBURY WAY SUITE 116 WEST PALM BEACH FL 33411 Safety and Training: SMG understands that people must be trained in the performance of specific tasks. Below we have provided an outline of our Training and Safety Programs. SMG considers safety and accident prevention of utmost importance to the well being of its employees and to the productive efficiency of the contract. It is SMG's intent to ensure that safe working conditions are sustained at all times in all work areas. Therefore, it is our policy to furnish our employees a place of employment free from recognized hazards that could inflict physical harm by promoting safety and environmental awareness and training, and complying with all regulations pursuant to the contract. 1. Trainina: We will provide two types of training: >- Training for specific tasks >- Training in accident avoidance and prevention. a. New Emplovee Indoctrination: A new employee can be defined as any person unfamiliar with the actual job operation. This definition includes persons: . New to the company New to a particular workplace New to a particular crew New to a particular task or process . . . All new employees reporting to this project will be oriented to company policies, special site safety requirements and safety procedures for their assigned tasks. Our Operations Manager & Area Supervisors will assume the orientation duties, distribute safety rules and materials, and explain them to all employees, making sure they are read and understood. In addition, they will: Inquire into the worker's previous experience. Describe work to be performed and what is expected of the worker. Explain proper use of required personal protective equipment. 8 ~ STOCKTON MAINTENANCE GROUP, INe. 1975 SANSBURY WAY SUITE 116 WEST PALM BEACH FL 33411 Walk around, point out hazards, off limit areas and specific work rules in action. Introduce new worker to co-workers and direct supervision. Answer employee questions. Ascertain employee fears such as height or confined space. Follow up to make sure procedures and rules are understood. Obtain required signatures and forward to new employee's personnel file to our corporate office. Where possible, all new employees will begin work in a low hazard environment and be assigned to experience, safety trained crews. b. Supervisor Training: On-site supervisory/lead personnel will be given periodic instruction for maintaining and enhancing their communication and instructional skills as it relates to safety. This will be accomplished by the following means: c. Periodic Talks/Meetings: Will be conducted by Operations Manager, Project Manager & The Area Supervisor Discuss actual conditions in each work area. Include time for questions and concerns about safety. Keep written records of topics covered and lists of attendees d. Specialized Training SMG understands OSHA requires specialized training for many operations, including Hazard Communication, blood borne pathogens, fork lift operations, lock out/tag out and confined spaces. All employees will be given initial training supplemented by periodic refresher/in-service training relating to specific OSHA requirements. e. Chemical This training includes the OSHA Hazard Communications Standard and the Florida Right- to-Know Law. Employees will be trained on the safe use of chemicals in the workplace - before they begin to work with a chemical and as new chemical hazards are introduced into the workplace. This specialized training includes: . Provisions of the Hazard Communication standard. . How to detect a chemical exposure. . Physical and health hazards of the chemicals. . Use and availability of Material Safety Data Sheets. 9 b11illi STOCKTON MAINTENANCE GROUP, INC. 1975 SANSBURY WAY SUITE 116 WEST PALM BEACH FL 33411 . Safe work practices and/or necessary personal protective equipment. Detailed records of each employee's training will be kept, including date, time, place, hazardous chemical covered and name of employee and instructor. f. Fire Extin~uisher Fire extinguisher training will be provided to teach employees how to stop small fires from spreading out of control. g. Personal Protective Equipment All employees will be trained in the use of proper personal protective equipment (PPE). This section will cover: . Describing what hazard and/or condition is in the work environment. . Telling what has been/can be/cannot be done about it. . Discussing the capabilities and/or limitations of the PPE. . Demonstrating how to use, adjust or fit the PPE. . Practicing PPE use. . Explaining TSA policy and its enforcement. . Discussing how to deal with emergencies. h. Vehicle All drivers of company vehicles will have appropriate current Florida driver's licenses and be trained in rules and regulation pertaining to vehicle operation. 2. Safety a. Mana~ement and Supervision The SMG Safety Plan will be managed by our Operations Manager and communicated through the Supervisors to the contract employees. The Supervisor will ensure compliance with all safety, health and accident prevention procedures within the organization. b. Emplovees No job will be started unless all safety requirements for that job have been met. Safety equipment required for specific tasks will be readily available and will be utilized for that 10 , . ~ STOCKTON MAINTENANCE GROUP, INC. 1975 SANSBURY WAY SUITE 116 WEST PALM BEACH FL 33411 task. Any employee who becomes aware of an accident involving personnel, equipment or vehicles will immediately notify the nearest supervisor. c. Personallniurv And Equipment Dama~e Reportin~ i. Report and Investi~ation In the interest of safe working conditions, all personnel injuries, fires and equipment damage must be reported and investigated. The causes must be determined to plan corrective action to prevent recurrence. Supervisors are responsible for ensuring that on-the-job personal injuries, regardless of their severity, are reported. Disabling injuries requiring professional medical treatment will be reported to the Operations Manager. d. Safety Inspection Pro~ram SMG will employ an aggressive Safety Inspection Program, to include formal bi-weekly and quarterly safety inspections of work areas. The Operations Manager will maintain overall responsibility for the Safety Inspection Program. e. Weekly Safety Inspections The Supervisor will conduct bi-weekly walk down inspections of the work areas. f. Hazard Materials Communication All employees are trained in hazardous material handling and identification. SMG provides training in regards to asbestos awareness and reporting. SMG fully complies with OSHA 29 CFR 1910.1200, Hazard Communication, and Florida's right-to-know statute. We maintain a written Hazard Communication Plan. Each new employee will be scheduled for Hazard Communication training as soon as practical, and every employee will receive refresher training annually. Listings of all hazardous materials in use by SMG employees (and the associated MSDS) will be provided to our clients prior to the beginning of the contract work schedule, along with the name of the SMG safety representative. This information will be maintained in the Project Office and the various work areas, and will be kept current by SMG at our corporate office. 11 , . ~ STOCKTON MAINTENANCE GROUP, INC. 1975 SANSBURY WAY SUITE 116 WEST PALM BEACH FL 33411 We will ensure that our personnel understand how to interpret Hazardous Materials Identification System (HMIS) labels. The Supervisor will ensure that all chemicals and cleaning agents we use at all locations are properly labeled prior to distribution in the work area. 12 I . . ~ STOCKTON MAINTENANCE GROUP, INe. 1975 SANSBURY WAY SUITE 116 WEST PALM BEACH FL 33411 1. Quality Control Plan In this section SMG has provided an overview of its Quality Control Plan (QCP). Our QCP describes our proposed quality control processes/procedures/practices. The description addresses all aspects of quality control including: . caliber of personnel . line responsibility . adequacy of procedures, inspection, equipment and organization . capability to perform . amount of work to be inspected and frequency of inspections . process for acceptance, rejection, documentation and resolution of deficiencies . trend analysis . corrective action to identify substandard performance . interface with our Clients inspectors Our goal is to evidence the acceptability of our QCP by addressing the essential items in sufficient detail to indicate that we have a thorough understanding and reasonable approach to properly managing. Finally, SMG proposes the following as it relates to our QCP: I. it will become a compliance document upon contract award II. it will remain in effect for the life of the contract III. it will be changed/updated as-needed/required a. Responsibilitv for Surveillance of Work. Responsibility for daily inspection/surveillance of workmanship will rest with our Area Supervisor and Project Manager. Our Quality Assurance Manager and Quality Assurance Inspector will make regularly scheduled inspections to ensure the level of quality remains consistent with our client's expectations. Finally, as an additional level of surveillance, other corporate staff will perform random periodic on-site inspections. b. Trend Analvsis Trend analysis will be accomplished to identify substandard work by relying on inspection results. The primary tool is visual inspections of in-progress and completed work. The primary method will be evaluating/analyzing inspection results measured against objective performance standards. The results will then be analyzed to identify negative/downward trends in performance. 13 I , . . STOCKTON MAINTENANCE GROUP, INC. 1975 SANSBURY WAY SUITE 116 WEST PALM BEACH FL 33411 The appropriate corrective action will be determined by two items: 1.) the inspection results and 2.) trend(s) identified. Depending on/considering these items, corrective action will be anything from increased inspections to termination/replacement of individual(s) responsible. c. Corrective Action to Identify Substandard Performance In the following narrative, SMG provides a discussion of our proposed quality control: ~ methods ~ reports ~ resolution actions d. Methods SMG relies on two quality control methods. Each is discussed briefly below. Surveillance/Inspections (e.g., visual) - This is the primary quality control tool/method used to ensure adherence to performance standards (quality of workmanship & timeliness). The two keys to the success of this tool/method are: 1.) identification/establishment of objective, quantifiable/verifiable standards upon which performance can be measured and 2.) varying levels (e.g., formality & frequency) of inspections. The identification/establishment of objective, quantifiable and verifiable standards upon which performance can be measured form the baseline for determining acceptability of performance. These standards also help identify trends (positive & negative) in performance. The varying levels (e.g., formality & frequency) of surveillance/inspections ensure adherence to the established performance standards. This is ensured based on the diversity and quantity of inspections (types/kinds) conducted. A few examples of the types/kinds of inspections conducted include: . formalized checklist-type · intermediate/in-progress inspections (e.g., after performance of a particular task & before beginning a new task) · input-oriented - those examining the process or procedure involved in performing the work 14 . . ~ STOCKTON MAINTENANCE GROUP, INe. 1975 SANSBURY WAY SUITE 116 WEST PALM BEACH FL 33411 The quantity of inspections is also very important because it helps ensure that through over-sampling/inspection, performance standards are maintained and trends (especially negative ones) in performance can be rapidly identified and corrected. To ensure proper effectiveness of inspections, SMG will develop a Master Inspection Schedule. This Schedule will provide details and summarize the areas to be inspected on a monthly basis. The Schedule will include: . area to be inspected . type/kind of inspection to be performed . frequency of inspection Simply, the Schedule identifies: who - will be performing the inspection, what - will be inspected and when - it will be inspected. Management Acts - This discussion would not be complete without addressing the management acts needed to ensure adherence to performance standards. These acts are often times not viewed as being part of quality control. Alternatively, SMG views them as a fundamental aspect of quality control; so fundamental that we view them as the key ingredient to completion of our Total Quality approach to quality control. Simply defined, these acts are the corporate and project management methods, policies and procedures needed to ensure successful day-to-day operations. A few of these acts include our: ~ Staffing Plan ~ Cost Control ~ Total Employee Involvement (TEl) - incorporation of all SMG employees into the quality control organization, e.g., "ownership" of work, self-inspections, etc.. .. These acts are first identified and covered during our initial training/orientation sessions during phase-in. What makes all the difference is that these acts are reinforced during ongoing/refresher training a minimum of quarterly throughout the contract term. The objective/philosophy of this training is to develop and maintain a Total Quality approach to task accomplishment. This "upfront" emphasis on quality control reduces the reliance on the more reactive method of surveillance/inspections. The reason this occurs is quality is engrained in the management acts thereby making the process itself quality-oriented. Simply, quality becomes instinctive. 15 I . ~ STOCKTON MAINTENANCE GROUP, INC. 1975 SANSBURY WAY SUITE 116 WEST PALM BEACH FL 33411 2. Resolution/Corrective Actions In this discussion, SMG provides the proposed details of the resolution/corrective actions that will be taken to ensure adherence to performance standards lAW the ITS. These details include: . proposed methods used to identify/pinpoint defects/deficiencies in performance of work . discussion of the fixes and management acts (control) to prevent recurrence of all identified defects/deficiencies (includes both TSA and contractor identified) . description of proposed corrective action reports and records The two key elements of SMG's corrective action process/procedure involve: . Immediately correcting the problem and ensuring re-adherence to applicable performance standard(s) . Instituting procedural/systematic corrective action to prevent recurrence 3. Proposed Methods Used to Identify Defects/Deficiencies in the Performance of the Work In this section, SMG discusses its proposed methods to be used to identify defects/deficiencies in the performance of the work. First, SMG uses its proposed inspection system and associated surveillance methods/techniques to identify potential problems before they amount to a defecUdeficiency. This is done in several ways. Some of the ways include: Utilizing our Area Supervisors and our Quality Assurance Staff to conduct inspections, along with incorporating all SMG employees into the inspection cycle (TEl). As noted previously, this results in "over-sampling/inspection" thereby drastically reducing the likelihood of a problem going undetected for any period of time and virtually ensuring service output does not fall below established performance standards of SMG's experience in determining inspection criteria (e.g., method of surveillance, frequency of inspections, etc...)/Note: this experience includes areas that have historically proven troublesome as well critical/priority areas (e.g., response/resolution times) Second, in conjunction with our inspection system, SMG uses a proactive approach to identify/pinpoint defects/deficiencies in the performance of the work. This approach includes the following methods: Deficiency prevention/compared to detection (e.g., proper training, personnel experience/qualifications, work instructions, etc...) 16 --------- . STOCKTON MAINTENANCE GROUP, INe. 1975 SANSBURY WAY SUITE 116 WEST PALM BEACH FL 33411 Trend Forecasting & Analysis (e.g., identification of performance trends - both positive & negative) Communicationllnteractionllnterface Systems (e.g., Progress Review Meetings) a. Discussion of the Fixes and Manaaement Acts (Control) to Prevent Recurrence of All Identified Defects/Deficiencies (Includes both TSA and Contractor Identified) In this section, SMG discusses the fixes and management acts (control) to prevent recurrence of all identified defects/deficiencies (Client and contractor identified). As required, the fixes and management acts address both short-term corrections and long- term performance improvement. Once a defect/deficiency is identified, our QCP contains a process/procedure for corrective action. This process/procedure focuses on three steps (fixes/acts): 1.) Immediate corrective action (e.g., re-performance) 2.) Root-Cause Analysis and 3.) Process Control/Performance Improvement. Coupled with our aggressive inspection system, the three steps are designed to eliminate reliance on customer identification (QA). b. Immediate Corrective Action/Re-performance This short-term solution focuses on: 1.) correcting the deficiency as soon as possible after identification and 2.) Re-establishing output levels at or above acceptable performance standards. Most often times, deficiency correction involves re-performing the unsatisfactory/non-performed work. Upon re-performance, the work will immediately be re-inspected for adherence to applicable standards. c. Root-Cause Analvsis Directly after re-inspection has occurred, our Supervisor will perform a "Root-Cause Analysis". This analysis simply means that the defect will be analyzed to identify the underlying, procedural or systematic cause of the problem. To fully ensure identification, our Supervisor will employ a routine, systematic approach to problem resolution/elimination. In other words, he will eliminate non-contributing causes/factors and methodically narrow down possibilities so that the contributing cause/factor can be definitively/positively identified. d. Process Control/Performance Improvement Once the root-cause of the problem has been identified, focus is then shifted to developing long-term process control/performance improvement measure(s) that concentrate on preventing reoccurrence and thus continually improving services. The benefit of these measures is that they optimize the process and procedure by eliminating 17 , . ~ STOCKTON MAINTENANCE GROUP, INe. 1975 SANSBURY WAY SUITE 116 WEST PALM BEACH FL 33411 any "weak link(s)". SMG's approach to effecting preventive and corrective actions so that they are suitable to the defect relies on developing a tailored/customized/case-by-case response to the problem. Examples of process control/performance improvement method/measures include: . revised approach, e.g., work instructions . re-training Once the final method/measure is implemented, the deficient/defective work will be incorporated into our inspection system (Master Inspection Schedule) to verify complete elimination of the problem and confirm that service output is back up to (or above) acceptable standards. 18 . . , . ~ STOCKTON MAINTENANCE GROUP, INC. 1975 SANSBURY WAY SUITE 116 WEST PALM BEACH FL 33411 Government agency occupied facilities cleaned during the past three (3) years: by our firm BUILDING SQUARE MANAGER CONTRACT NAME/ADDRESS FEET & PHONE DATES Palm Beach County Facilities 504,000 Lafayette Jenkins Since 9/2006 (561) 776-2067 TSA Areas - Ft Lauderdale 15,000 Larry Burns Since 3/2006 International Airport (954) 308-5513 City of Lake Worth - Utilities 50,000 Alyssa Since 2002 (561) 722-9188 Workforce Development Board of 70,000 Caren Belowch Since 7/2005 The Treasure Coast (772) 335-3030 19 ~ STOCKTON MAINTENANCE GROUP, INe. 1975 SANSBURY WAY SUITE 116 WEST PALM BEACH FL 33411 Qualification / Resumes of current Kev Staff members and Mana2ement Douglas Riordan, President and CEO: EXPERIENCE 1994-currentStockton Maintenance Group, Inc.West Palm Beach, FL Founder and Active Owner . Increased sales from $0 million to $4.6 million. . Built company from the ground up, managing all aspects of business development. 1990-1993 KPMG Peat Marwick Senior Accountant . Completed state required apprenticeship with public CPA firm. . Passed the CPA exam and became certified in NJ. . Promoted each year to next accountant level. . Audit specialty in insurance and reinsurance companies. . Audit clients included Crum and Forster, American Reinsurance, NJ Surplus Lines, The London Agency, Sterns Department Stores, Marcal Paper, Hazlet School Board, Continental Tires-NJ/NY, Sussex County Hospital. Short Hills, NJ EDUCA TION 1986-1990 Fairleigh Dickenson University Madison, NJ . B.A., Accounting and Business Administration. . Graduated magna cum laude. 20 ~ ~ STOCKTON MAINTENANCE GROUP, INC. 1975 SANSBURY WAY SUITE 116 WEST PALM BEACH FL 33411 Elaine Moschetti, Comptroller: Qualifications: Over 20 years experience as Office Manager and 10 years experience in the capacity of Comptroller 1996 - Present: Stockton Maintenance Group, Inc. Office Manager/Comptroller 1983 - 1996 Gentek Building Products - Office Manager Biography: Mrs. Moschetti joined Stockton Maintenance in 1996. In her time with Stockton Maintenance she has established office procedures that to this day are still in effect. She handles all new employee back ground checks, including verification of social security numbers on each new employee. She is responsible for the billing of all client contractual invoicing, receivables, payables, banking: deposits, transfers, etc. Elaine handles the setting up of all new contracts and addendums to existing contracts. Mrs. Moschetti handles the payroll of over 400 employees. She is responsible for quarterly tax reporting and the issuing of W2 forms. Role: Mrs. Moschetti role is to oversee the functions of all office personnel and is responsible for all accounting procedures in the operations for Stockton Maintenance Group Inc, She reports directly to the President/Owner of SMG. 21 . , ~ STOCKTON MAINTENANCE GROUP, INC. 1975 SANSBURY WAY SUITE 116 WEST PALM BEACH FL 33411 Luis Martinez, Operations Manager: Qualifications: Over twenty-four years of work experience, which includes a four-year Tour of Duty with the United States Marine Corps and sixteen years of Management related responsibilities. For the past six years he has been the Operations Manager for Stockton Maintenance Group. 2001-Present: Stockton Maintenance Group, Inc. (SMG), Operations Manager 1984-2001: United Parcel Service, Driver, Supervisor, and Business Manager 1981-1984: United States Marine Corps, Sergeant B. A. University of Phoenix, 2002 National University San Diego, California 1981 - 1984 University of Miami, Florida 1980 - 1981 Biography: Mr. Martinez joined Stockton Maintenance Group, Inc. in 2001. He brought with him his Honorable Military Leadership and over 10 years of Corporate Management experience from a top 100 rated customer-oriented company. His strengths are in Customer Service, Logistical Implementation and Risk Management, to include a background in Human Resources. Role: Mr. Martinez's is responsible for every aspect of the company's success in maintaining and surpassing levels of performance and customer's expectations. He will manage all aspects of the logistical transition of properties and implement the Stockton Maintenance Culture to newly hired employees. He has the authority to order the immediate correction of any defect in service that may be found. He reports directly to the President/Owner. 22 ... -. ~ STOCKTON MAINTENANCE GROUP, INC. 1975 SANSBURY WAY SUITE 116 WEST PALM BEACH FL 33411 Jim Wagner, Quality Assurance/Sales and Training Manager: Qualifications: Over 13 years of experience in Facility Maintenance/Custodial Services 2004-Present: Stockton Maintenance Group, Inc. (SMG), Quality Assurance/Sales/Training Manager 2003-2004: Self Employed, Consultant - SMG was a client 2001-2003: D&A Building Services - South Florida Branch Manager 1994-2001: Apex Support Services, Inc., Vice President/Co-Owner Education: B.S. - S.U.N.Y. Brockport - 1990 Biography: Mr. Wagner joined Stockton Maintenance Group, Inc. in 2004. He brought with him over 12 years of experience at every level in the Facility Maintenance/Custodial Services industry. He has owned and operated his own custodial services company as well as worked for large companies directly and as a consultant. He has been responsible for the direct oversight of as many 200 cleaners and supervisors. He has hands on experience in every aspect of the industry. His strength is Customer Service. Mr. Wagner has the skills, abilities and customer service orientation to take care of the needs of any of our customers. Role: Mr. Wagner's role is oversight of our Quality Control Program including as it relates to The State of Florida. He will oversee the inspection of all work performed. He will also perform inspections himself. He has the authority to order the immediate correction of any defect. He reports directly to the President/Owner. 23 #" l' ~ STOCKTON MAINTENANCE GROUP, INC. 1975 SANSBURY WAY SUITE 116 WEST PALM BEACH FL 33411 Luis Guzman, Operations Supervisor: Qualifications: Over 10 years of experience in Custodial Services 2005-Present: Stockton Maintenance Group, Inc. (SMG), Operations Supervisor 2000-2004: Stockton Maintenance Group, Inc. (SMG), Area Supervisor 1997-2000: Stockton Maintenance Group, Inc. (SMG), Cleaner Biography: Mr. Guzman joined Stockton Maintenance Group, Inc. in 1997. He began his career as a cleaner working part time at night. He distinguished himself and was promoted to Area Supervisor. During his tenure as Area supervisor his performance was exemplary. His properties averaged over 90% for all quality inspections. Due to his performance, he was the only Supervisor considered when a new position was created to enhance our span of supervision due to growth. His performance in this new position has kept up with his history of providing excellent customer service and client relations. Role: Mr. Guzman's role is oversight of our supervisors and day to day operations. He is directly involved in new contract start-ups and all aspects of Stockton's day to day operations. He recruits and hires new supervisors and project work crews He reports directly to the Operations Manager. Mike Woodson Quality Assurance / Sales: Qualifications: Over 10 years of experience in Custodial Services and over 27 years of management expenence. 2007-Present: Stockton Maintenance Group, Inc. (SMG), Quality Assurance / Sales 2004-2007: Armstrong Custom Painting Vice President Business Development 2000-2004: D&A Building Services Regional Manager, Responsible for Sales and Operations. 1980 -2000 Management Positions with Pitney Bowes Management Services, (Region Manager), BCT General Manager, and Winn Dixie Stores Inc. Store Manager Biography: Mr. Woodson joined Stockton Maintenance Group, Inc. in 2007. He began his career with Stockton bringing substantial experience in sales, operations, and quality assurance. Mike has distinguished himself in a short period of time, and is responsible for quality assurance in West Palm Beach, Broward and Miami-Dade County Role: Mr. Woodson's role is quality assurance of the Tri-county area, and continued business development, customer relations. Mike is directly involved in new contract start-ups. 24 r - .. ~ STOCKTON MAINTENANCE GROUP, INC. 1975 SANSBURY WAY SUITE 116 WEST PALM BEACH FL 33411 Andy Rozo, Customer Service Manager: Qualifications: Over 5 years experience in Customer Service/Management. 2006 - Present: Stockton Maintenance Group, Inc. (SMG) Customer Service Manager 2003 - 2006: BrandsMart U.S.A. (Miami) Asset Protection Supervisor Biography: Mr. Rozo joined Stockton Maintenance Group, Inc. in 2006. He brings to his current position extensive experience in investigating and resolving customer complaints to amicable results. He is responsible for maintaining a friendly, smooth relationship between SMG and our customers. He has a keen ear, instinct for listening to all customer complaints and getting them resolved in a timely, professional manner. Mr. Rozo was previously responsible for supervising a staff of 30 employees and that experience, along with his excellent customer service skills have enabled him to motivate other employees in our company to better serve our customers. Role: Mr. Rozo's role is that of Customer Service Manager to our entire client's, including The State of Florida. You will be able to call or e-mail Mr. Rozo with any of your needs or concerns regarding The State Facilities and be assured that they will be handled immediately and resolved within 24 hours. An open a line of communication will always available thru Mr. Rozo. Position descriptions/qualifications for proposed staff, e.g., Project manager, Supervisor, Project Work Crews, etc. . . Stockton has provided position descriptions for all key personnel below. Each description contains the duties and responsibilities of each position as well as the qualifications expected from each candidate. At this time Stockton has at least one candidate in its employ for each position, including Project Manager. 25 r ~ I ~ STOCKTON MAINTENANCE GROUP, INC. 1975 SANSBURY WAY SUITE 116 WEST PALM BEACH FL 33411 26 r 1 " ~ STOCKTON MAINTENANCE GROUP, INC. 1975 SANSBURY WAY SUITE 116 WEST PALM BEACH FL 33411 Project Work Crew Description: Qualifications: The successful candidates will possess at least ] year of experience performing all areas of "project work", including hard floor maintenance, carpet cleaning, pressure washing, etc.... High School Diploma is required for all crew leaders. Responsibilities: The Project Work crews (each crew will have one leader and 2 workers) will be responsible for performing all project work required by the contract. They will adhere to schedules set forth by the Project Manager to perform all aspects of project work. He/she reports to the Project Manager. Green Cleaning Program, LEED-EB green building certification: Stockton stands ready to assist Pembroke Pines Charter Schools in obtaining any level of LEED-EB green building certification for any/all of the buildings. Our Corporate Staff and Project Staff will be involved from start of the contract (or before) to assist whenever called upon to do so. The Project Manager will be the designated "point person" for this effort. He/she will be assisted and supplemented by our President, Operations Manager, QA Manager, Operations Supervisor and Supervisors. Stockton is already using and providing all of its clients with Green Seal Certified products such as those listed below. All of the cleaning chemicals and products we will use on this contract are green seal certified and/or have the potential to provide points toward LEED-EB green building certification, from our chemicals to our equipment and paper supplies. - 3M cleaning chemicals and products. Some chemicals we already use meet the GS-37 standard for green seal certification (see literature appended behind this page). - Windsor (Karcher) vacuums and cleaning equipment (see literature appended behind this page) are LEED-EB compliant. - Wausau Paper/Bay West - GS-9 certified Paper Towels and Paper Napkins EcoSoft Green Seal Folded Towels EcoSoft Green Seal Roll Towels EcoSoft Green Seal Kitchen Roll and Center Pull Towels - Wausau Paper/Bay West - GS-l certified Tissue Paper EcoSoft Green Seal Tissue 27 I L ~ STOCKTON MAINTENANCE GROUP, INC. 1975 SANSBURY WAY SUITE 116 WEST PALM BEACH FL 33411 Start up, Transition and Phase-In Upon Notice of Award Stockton will immediately: 1. Endeavor to hire all of the incumbent contractor employees 2. Recruit for positions not filled by incumbent's employees 3. Recruit Project Manager / Promote from within 4. Within two weeks of start date, offer employment to all qualified recruits 5. Recruit personnel from Stockton's current ranks 6. Purchase equipment and supplies 7. Organize start up plan - finalize hiring of personnel, delivery of materials, supplies and equipment, key transfer, etc... 8. Inspect current conditions and determine necessary requirements to bring up to contractual requirements. 9. Coordinate with Special Projects team 28 r · - ". ~ STOCKTON MAINTENANCE GROUP, INC. 1975 SANSBURY WAY SUITE 116 WEST PALM BEACH FL 33411 Insurance To verify insurance coverage please contact: Sharleen O'Toole Slaton Insurance (561) 683-8383 ext. 1313 30 PERFORMANCE BOND PERFORMANCE BOND PERFORMANCE BOND - ! PERFORMANCE BOND Form to be Used When Bonding Only One Year of a Multi-Year Contract (Page 1 of 2) Effective Date: August 15,2008 Bond No. 70558073 KNOW ALL MEN BY THESE PRESENTS: That, Stockton Maintenance Group, Inc. 1975 Sansbury's Way, Suite 116, West Palm Beach, FL 33411 (hereinafter called Principal) as Principal, and Western Surety Company P.O. Box 5077, Sioux Falls, SO 57117-5077 a corporation duly organized under the laws of the State of South Dakota and duly authorized and licensed to do business in the State of Florida (hereinafter called Surety), as Surety, are held and firmly bound unto City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, FL 33160 (hereinafter called the Obligee), as Obligee, in the full and just sum of One Hundred Eighteen Thousand Thirty Six and 92/1 00 --------------------------------------------------------------------------- Dollars ($ 118,036.92 ), to the payment of which sum, well and truly to be made, the said Principal and Surety bind themselves, their and each of their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents, WHEREAS, the above bounden Principal has entered into a certain written contract with the above mentioned Obligee dated August 15, 2008 for City of Sunny Isles Beach Landscape Maintenance Services Agreement for a period of nine (9) years which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein, and WHEREAS, the Obligee has agreed to accept a bond guaranteeing the performance of said contract for a period of only one year, NOW, THEREFORE, if Principal shall faithfully perform such contract or shall indemnify and save harmless the Obligee from all cost and damage by reason of Principal's failure so to do, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Form F6612 , PERFORMANCE BOND (Page 2 of 2) PROVIDED, HOWEVER, that this bond is subject to the following conditions and provisions: 1, This bond is for the term beginning August 15, 2008 and ending August 14, 2009 2. In the event of default by the Principal in performance of the contract during the term of this bond the Surety shall be liable only for the loss to the Obligee for actual excess costs of performance of the contract up to the expiration of the term of this bond and in no event shall the liability of the Surety exceed the penal sum stated in this bond, 3. No claim, action, suit or proceeding, except as hereinafter set forth, shall be instituted or maintained against the Surety under this instrument unless same be brought or instituted and process served upon the Surety within one year after the expiration of the term of this bond. 4. Neither non-renewal by the Surety, nor failure, nor inability of the Principal to file a performance bond for subsequent terms under said contract shall constitute loss to the Obligee recoverable under this bond. 5. The bond may be extended for additional terms at the option of the Surety, by continuation certificate executed by the Surety and the Principal but regardless of the number of extensions for additional terms and the number of premiums which shall be payable or paid, the liability of the Surety hereunder shall not be cumulative from year to year nor period to period. 6, No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrators or successors of the Obligee. Signed and sealed this 1 st day of August 2008 _Stockto.~~~intenance Group, Inc. ~;pal) By: . _-=-___ ___=~ Western Surety Company By~~a- Ronald Lee Kaihoi (Surety) ~'V@ Western Surety Company PAYMENT BOND ANNUAL BOND FOR A MULTI-YEAR CONTRACT Bond No. 70558073 KNOW ALL MEN BY THESE PRESENTS, That we, Stockt~m Maintenance Group, Inc. t"L 334.Ll of 1975 Sansbury I sWay, Ste. 116, West Palm Beach (hereinafter called the Principal) and . SD 57117-5077 ' Western Surety Company, PO Box 5077, SlOUX Falls, (hereinafter called the Surety), are held and firmly bound unto City of Sunny Isles Beach (hereinafter called the Obligee), in the full and just sum of One Hundred Eighteen Thousand Thirty Six and 92/100 ----------------------- Dollars($ 118.036.92 ), to the payment of which sum, well and truly to be made, the said Principal and Surety bind themselves, their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the above bonded Principal has entered Into a certain written contract with, the above mentioned Obligeedated August 15, 2008 to August 15, 2017 foraperiodof nlne (9) years which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. WHEREAS, the Obligee has agreed to accept a bond guaranteeing the payment of said contract for a period of only one year. NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that if Principal shall in accordance. with applicable Statues, promptly make payment to all persons supply labor and. material in the prosecution of the work provided for in said contract, and any and all duly authorized modifications of said contract that may hereafter be made, notice of which modifications to Surety being waived, then this obligation to be void; otherwise to remain in full force and effect. Provided, however, that this bond is subject to the following conditions and provisions: 1. This bond is for the term beginning August 15, 2008 and ending August 14, 2009 2. No claim, action, suit or proceeding, except as hereinafter set forth; shall be had or maintained against the Surety on this instrument unless same be brought or instituted and process served upon the Surety within six months after the completion of the contract. 3. The total amount of the Surety's liability under this bond shall in no event exceed the penal sum hereof. 4. The bond may be extended for additional terms at the option of the Surety, by continuation certificate executed by the Surety. Signed and sealed this 1 s t day of August 2008 . Western. Surety CO~P~/.k' . ... .;/ . ... ~~ ...- By: _ Attorney-in-Fact Ronald Lee Kaihoi By: Form F6362 ACKNOWLEDGMENT OF PRINCIPAL (Individual) State of County of On this } day of / , in the year , before me personally comes to me known and known to me to be the P7 ho is described in and executed the foregoing instrument, and acknowledges to me that he/she executed the same. Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Partnership) State of County of } On this day of /' , in the year , before me personally come(s) /' a member of the co-partnership of / , to me known and known to me to be t~person who is described in and executed the foregoing instrument, and acknowledges to me that he/she executed the same as the act and deed of the said co-partnership. Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Corporation/LLC) State of rl-ol'2.l{)<':t, } County of ~("t1/l, $v."'GJ,'" On this b '0 day of Au fs-u';;>'T , in the year ),00 e , before me personally come(s) T)ov &-L-f\S 5 . R \b~ OAJ.......\ , to me known, who being duly sworn, deposes and says that he/she resides in the City of ~1tO B<t.A:(.....H, rL that he/she is the _Pn-~t D~~'T of the SToCKToN (Y\~\.~T~~PtNL~ Gn'<.C:>u P. I NL. . the corporation described in and which executed the foregoing instrument; that he/she knows the seal of the said corporation; the seal affixed to the said instrument is such corporate seal; that it was so ~d by the order of the Board of Directors of said corporation, and that he/she signed his/her na theret 1Jy li order. 9"'/ A((", ;'lotllry Puoiie State of Florida ~ t~.'f. Elaine Mosch(>tti {~ ,,$ My CommisSi0'1 DD747355 1'... -<> Expires 03/011::;012 -'-Ofl\-tT , . Western Surety Company Bond No. 70558073 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY.IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Jack L Anderson, Geoffrey Hathaway, Rita Jorgenson, Brenda Risa, Amy Nordaune, Ronae M Rose, Ronald Lee Kaihoi, Individually of Montevideo. MN, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as ifsuch instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given. are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated. by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 24th day of April, 2008. ;~';'REr~.... lf~+/'~''''''{ci\ i~!Q.9 "'~"'\~i ~::\(i c"!:J ~ \~,.~ c A "../~~ "'''-'' .,,~.,.. "V,it"o";"O;'- WESTERN SURETY COMPANY ;:0'~"i", Vim P,mid", State of South Dakota County of Minnehaha } ss On this 24th day of April, 2008, before me personally came Paul T. Bruflat, to me known, who. being by me duly sworn. did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. November 30, 2012 ............................................................ + ~ D. KRELL ~ r r ~~NOTARY PUBLIC~: r~SOUTH DAKOTA~r r r +....................................................+ AfLd ~ryp,bli, My commission expires CERTIFICA TE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 1st day of August 2008 WESTERN SURETY COMPANY ct ~~'~S""bry Form F4280-09-06 ACKNOWlJEDGEMENT OF SURETY STATE OF MINNESOTA } COUNTY OF CHIPPEWA On this 1 st day of August , 2008 , before me, a Notary Public within and for said County, personally appeared Ronald Lee Kaihoi to me personally known, who being by me duly sworn he/she did say that he/she is the attorney-in-fact of Western Surety Company, the corporation named in the foregoing instrument, and the seal affixed to said instrument is the corporation seal of said corporation, and sealed on behalf of said corporation by authority of its Board of Directors and said Ronald Lee Kaihoi acknowledged said instrument to be the free act and deed of said corporation. ~ Ii I . I ,_. I ! j p,Jkri>,( ~- I -L II" ,j NOTARY PUBLIC My Commission Expires "',1 I ' J1.) I '-' ~,.,# , '11~'#o#4-<~-' - 41 ,~ [, Rft::-:r:,A J, RISA '., '_. ~\: W-/l.P\ ,11;c:UC _1!.li,'~[SOTA '.. .' , 04 I, ~ . ..j ,,' rl"~"': -,^,',Fx",,,s ,o.~,31,2QIO w.. -.>' 1"/ ': L',) II." ","'-' - . '>-" ~",.r' -,.,.~,..,......,.",..,..,...,..,. Western Surety Company Continuation Certificate To be attached to Bond Number: 70558073 Principal: Stockton Maintenance Group, Inc. 1975 Sansbury's Way, Suite 116 West Palm Beach, FL 33411 Obligee: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Said Principal and Surety hereby agree that the term thereof be and hereby is extended from the 15th day of August, 2009, to the 14th day of August, 2010 subject to all other provisions, conditions and limitations of said bond, upon the express condition that the Surety's liability thereunder during the original term of said bond, and during any extended term thereof shall not be cumulative and shall in no event exceed the sum of One Hundred Eighteen Thousand Thirty Six & 92/100 ($118,036.92). IN WITNESS WHEREOF, the said Principal and said Surety have signed or caused this Continuation Certificate to be duly signed and their respective seals to be hereto affixed this 23rd day of June, 2009. Stockton Maintenance Group, Inc. ''',7- By: � Doug as iordan, Preseent Western Surety Company By: JG�a �, _4(L,i___ Ronald Lee Kaihoi, Attorney-In-Fact ACKNOWLEDGMENT OF PRINCIPAL (Individual) State of County of } On this day of , in the year , before me personally comes , to me known and known to me to be the perso ho is described in and executed the foregoing instrument, and acknowledges to me that he/she executed t e same. Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Partnership) State of County of } On this day of , in the year , before me personally come(s) , 1 a member of the co-partnership of , to me known and known to me to be the person who is described in and executed the foregoing instrument, and acknowledges to me that he/she executed the same as the act and deed of the said co-partnership. Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Corporation/LLC) State of fr204-'c4 County of liV-- 4 } 7 On this 7°�1 day of J�v G-u s.7. , in the year204?, before me personally come(s) S .6-LA-% S . 4(0/1-0Ckr■I to me known, who being duly sworn, deposes and says that he/she resides in the City of tai V-AL, .CjY that he/she is the 111-43 r ti et•-i of the ._To c- K T©1J in f, y 4 r. r-IL-S- &,2.o v P the corporation described in and which executed the foregoing instrument; that he/she knows the seal of the said corporation; the seal affixed to the said instrument is such corporate seal; that it was so affixed by the order of the Board of Directors of said corporation, and that he/she signed his/her n. e thereto by like order. 6 r PUSS ,,?IAr,Puov;State of Florida =lair a :Moschetti G. ,c i My Commission DD747355 /�`� ,,aoa Expires 03/01/2012 Notary Public ACKNOWLEDGEMENT OF SURETY STATE OF MINNESOTA COUNTY OF CHIPPEWA On this 23rd day of June , 2009 , before me, a Notary Public within and for said County,personally appeared Ronald Lee Kaihoi to me personally known, who being by me duly sworn he/she did say that he/she is the attorney-in-fact of Western Surety Company , the corporation named in the foregoing instrument, and the seal affixed to said instrument is the corporation seal of said corporation, and sealed on behalf of said corporation by authority of its Board of Directors and said Ronald Lee Kaihoi acknowledged said instrument to be the free act and deed of said corporation. OTAR 1'PUBLIC My Commission Expires r-6 Io i3ECCA J RISA . °,f`=' NOTARY PUBLIC-MINNESOTA My Commission Expires Jan.31,2010 POWER OF ATTORNEY Bond No. 70558073 Know All Men by These Presents: (Irrevocable) No. SP- 43384114 That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed,but may be detached by the approving officer if desired.That Western Surety Company,a corporation,does hereby make,constitute and appoint the following SEVEN 7 authorized individuals: AUTHORIZED INDIVIDUALS AUTHORIZED INDIVIDUALS AMY J NORDAUNE BRENDA MARIE RISA GEOFFREY HATHAWAY JACK LEE ANDERSON RITA MARIE JORGENSON RONAE M ROSE RONALD LEE KAIHOI in the City of MONTEVIDEO , State of MINNESOTA , with limited authority, its true and lawful Attomey(s) in fact with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond: ONE SURETY BOND, UNDERTAKING, OR OTHER OBLIGATORY INSTRUMENT OF A SIMILAR NATURE IN AMOUNTS NOT EXCEEDING ONE MILLION AND NO/100 DOLLARS (**1 ,000 , 000 . 00) . ********************************************************************** ********************************************************************** ********************************************************************** The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of MAY 31 2014 , but until such time shall be irrevocable and in full force and effect. WESTERN SURETY COMPANY further certifies that the following is a true and exact copy of Section 7 of the By-Laws of Western Surety Company, duly adopted and now in force.to-wit: "Section 7. All bonds,policies,undertakings,Powers of Attorney,or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary,Treasurer,or any Vice President,or by such other officers as the Board of Directors may authorize. The President,any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds,policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." The penal amount of the bond herein described may be increased if there is attached to this Power, written authority so authorizing in the form of an endorsement, letter or telegram signed by the Underwriting Manager,Underwriting Consultant,Underwriting Specialist,Underwriter,President,Vice President,Assistant Vice President,Treasurer,Secretary or Assistant Secretary of Western Surety Company specifically authorizing said increase. IN WITNESS WHEREOF.Western Surety Company has caused these presents to be executed by its Senior Vice President with its corporate seal affixed this 11th day of December 2006 WESTERN SURETY COMPANY STATE OF SOUTH DAKOTA ss. By COUNTY OF MINNEHAHA Senior Vice Preside on this 11th day of December , in the year 2006 , before me, a Notary Public, personally appeared Paul T.Bruflat,who being by me duly sworn,acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. //�� D.KRELL /II NOTARY DAKO PUBLIC TA " 4 • SOl1TH Notary Public, South Dakota My Commission Expires November 30,2012 I,the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable;and furthermore,that Section 7 of the By-Laws of the company as set forth in the Power of Attorney,is now in force. In testimony whereof,I have hereunto set my hand and the seal of Western Surety Company this* 23rd _day of June , WESTER SURETY COMPANY *IMPORTANT: This date must be filled in before it is attached to the bond and it must be the same date as the bond. By Form 749-12-2006 Senior Vice Preside NOTICE: This border must be BLUE.If it is not BLUE,this is not a certified copy. Bond No.B10014083 PERFORMANCE BOND (ANNUAL BOND FOR A MULTI-YEAR CONTRACT) KNOW ALL PERSONS BY THESE PRESENTS, that STOCKTON MAINTENANCE GROUP,INC., a Florida corporation with its principal offices at 1975 Sansbury's Way, Suite 116, West Palm Beach, FL 33411 ("Principal"), and AEGIS SECURITY INSURANCE COMPANY, PO Box 3153, Harrisburg, PA 17105, a Pennsylvania corporation ("Surety"), are held and firmly bound unto CITY OF SUNNY ISLES BEACH, 18070 Collins Avenue, Sunny Isles Beach, FL 33160 ("Obligee"), in the aggregate penal sum of ONE HUNDRED EIGHTEEN THOUSAND THIRTY SIX & 921100 DOLLARS ($118,036.92), the payment of which Principal and Surety jointly and severally bind themselves,their representatives and successors,by these presents. RECITALS WHEREAS, Principal has entered into a certain Landscape Maintenance Services Agreement with Obligee, dated August 15, 2008 ("Contract") and contemplating Principal's performance of its obligations under the Contract from August 15, 2008, through August 15, 2017, with such as extensions as may be permitted under the terms of the Contract; AND WHEREAS, Obligee has agreed to accept surety bonds guarantying Principal's performance under the Contract for bond terms of one(1)year. PART A: PRINCIPAL'S PERFORMANCE OBLIGATION NOW, THEREFORE, if Principal shall faithfully perform all of the work described in the Contract, during the term of this bond, and shall save Obligee harmless from all costs and charges that may accrue on account of the performance of the work specified in the Contract,then this obligation shall be null and void;OTHERWISE,IT SHALL REMAIN IN FULL FORCE AND EFFECT. Page 1 of 3 ®2002 Goldleaf Financial,Ltd. PART B: OTHER TERMS PROVIDED, HOWEVER, that by its acceptance of this bond, Obligee understands and agrees that this bond is subject to the following: a. This bond is for a specified term,beginning on August 15,2010 and ending on August 15, 2011. b. This bond may be extended for one or more additional terms, at the option of the Surety, by one or more continuation certificates executed by the Surety. The Surety is not hereby obligated to issue a bond on any subsequent period or term under the Contract, and neither non-renewal by the Surety nor failure of the Principal to provide a replacement bond for a subsequent term shall constitute default under this bond. c. In the event of a default relating to the Principal's bonded obligations during the term of this bond, the Surety shall be liable to Obligee only for the actual costs incurred by Obligee as result of Principal's default, and only as those costs are incurred from the date of the default through the last date of the term of this bond. d. In no event shall Surety's liability on this bond exceed the penal sum stated in this bond(above). In addition, regardless of the number of extensions or continuations that may occur or the number of premiums paid (or payable)by Principal in connection therewith, Surety's liability shall not be cumulative from year to year or from period to period. e. No claim, action, suit or proceeding shall be had or maintained against the Surety on this bond, unless it is brought or instituted and process served upon the Surety within one hundred eighty (180)days following the last date of the term of this bond. SIGNED AND SEALED THIS 14th DAY OF JULY,2010. STOCKTON MAINTENANCE GRO ' ' PRINCIPAL By ougla ..Riordan (affix corporate seal, if any, above) Its President AEGIS SECURITY INSURANCE COMPANY,SURETY By Ronald Kaihoi Its Attorney-In-Fact ACORA SURETY&INSURANCE SERVICES,LLC PO BOX 506 Montevideo,MN 56265 (320)269-8546 Page 2 of 3 ®2002 Goldleaf Financial,Ltd. CORPORATE ACKNOWLEDGMENT FOR PRINCIPAL STATE 0 4., _ , ) ss. COUNTY OF On this a?/ day of ! , 2010,DOUGLAS S. RIORDAN,to me personally known, did appear b fore me I being duly sworn, did state that he is the President of STOCKTON MAINTENANCE GROUP, 'C., the Florida corporation named as Principal in the foregoing instrument; he did further state that there is no corporate seal for the corporation, that his signature on this instrument was duly authorized by an action of the board of directors of this corporation, and that his signature on this instrument represents the free act and deed of the corporation, with the full intent and understanding that it is bound thereby. „awl.Lir Notary Public . .., :- ... e or°No Notary Public State of Florida fElaine Moschetti .A,c. , P, My Commission DD747355 ?o,no' Expires 03/01/2012 OWLEDGMENT OF ATTORNEY-IN-FACT STATE OF MINNESOTA ) ) ss. COUNTY OF CHIPPEWA ) On this 14th day of July, 2010, RONALD KAIHOI, to me personally known, did appear before me and, being duly sworn, did state that he is a duly authorized attorney-in-fact for AEGIS SECURITY INSURANCE COMPANY, the Pennsylvania corporation named as Surety in the foregoing instrument; he did further state that the seal affixed next to his signature is the true and correct seal of said corporation, that his signature on this instrument and his use of the corporate seal was duly authorized by an action of said corporation's board of directors, and that his signature on this instrument represents the free act and deed of the corporation. (2abecat )t, iix) '`,, , REBECCA 4 RISA Notary Publi # Ak Publio nesota t-4---t.. MrCommbbaPgYM Jon Sl.MS Page 3 of 3 0 2002 Goldleaf Financial,Ltd. Bond No. 10014083 Power Certificate No. MN 104 AEGIS SECURITY INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT AEGIS SECURITY INSURANCE COMPANY does hereby make,constitute and appoint:RONALD KAIHOI,JACK ANDERSON,RITA JORGENSON,BRENDA RISA,AMY NORDAUNE,DIANNE AMMERMANN, BRADLEY KOOSMANN,RONAE ROSE,GEOFFREY HATHAWAY,LORI OLSON,MEAGAN MANTHEI,STACY JENSEN its true and lawful Attorney-in-Fact,to make,execute and deliver on its behalf surety bonds,undertaking and other instruments of similar nature as follows:$2.5 MILLION This Power of Attorney is granted and sealed under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 4th day of February 1993. "Resolved,That the President,any Vice President,the Secretary and any Assistant Secretary appointed for that purpose by the officer in charge of surety operations shall each have authority to appoint individuals as Attorney-in-Fact or under other appropriate titles with - authority to execute on behalf of the Company,fidelity and surety bonds and other documents of similar character issued by the Company in c the course of its business. On any instrument making or evidencing such an appointment,the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company,the seal or facsimile thereof may by imposed or 0 fixed or in any other manner reproduced;provided,however,that the seal shall not be necessary to the validity of any such instrument or m Xi undertaking." "Resolved,That the signature of each of the following officers;President,Vice President,any Assistant Vice President,any Secretary or P Assistant Secretary and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any Certificate relating thereto, appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for the purpose only of executing and attesting bonds and undertaking and other writings upon the Company and any such power required and certified by such facsimile signature and O facsimile seal shall be valid and binding on the Company in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF,AEGIS SECURITY INSURANCE COMPANY has caused its official seal to be hereunto affixed,and these c presents to be signed by its President this 3rd day of March,2010. CO AEGIS SECURITY INSURANCE COMPANY in BY: 't%NSU/q,� O 1 DARLEEN J.FRITZ A Z 18T7 0 X President � m Commonwealth of Pennsylvania } , a v } s.s.:Harrisburg �r * 1• County of Dauphin } On this 3rd day of March,2010,before me personally came Darleen J.Fritz to me known,who being by me duly sworn,did depose and say that she is President of AEGIS SECURITY INSURANCE COMPANY,the corporation described herein and which executed the above instrument;that she knows the seal of the said corporation,that the seal affixed to the said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said corporation and that she signed her name thereto by like order. altt41/4eXsis iztr,01111C. t1 81/ eF s . , REBECCA LIDDICK * I *_ Notary Public 0).4 P y` My Commission Expires July 25,2013 I,the undersigned,Assistant Secretary of AEGIS SECURITY INSURANCE COMPANY,a Pennsylvania corporation,DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked:and furthermore that the Resolution of the Board of Directors,set forth in the said Power of Attorney,is now in force. Signed and sealed at the City of Harrisburg,in the Commonwealth of Pennsylvania,dated this 14 day of Ju l i r 201 0 ‘HS 444, .►� 1o \ wwe, DEBORAH A.GOOD N 1977 O Secretary `� P nvoM Via; �� * tiN4 CERTIFICATE OF LIABILITY INSURANCE CERTIFICATE OF LIABILITY INSURANCE CERTIFICATE OF LIABILITY INSURANCE ACORD. CERTIFICA TE OF LIABILITY INSURANCE OP IDKB I DATE (Jo04'tOYYYY1 ST0CMll.1 08/14/08 f'IIlOOUC:E:R THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Moody' Associates, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE www.moodyinsurance.ccm HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 22601 Gateway Center Drive ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. C1arksburq Me 20871-2002 Phone: 301-417-0001 Fax: 301-417-0040 INSURERS AFFORDING COVERAGE NAIC# --.---.,.-...- ...-......-.... ---- ..--- _..._-_.__...._~-_...._,..- ............~.... INSURED lHSURERA Wausau Underwriters Ins Co 26042 INSUR ER a Employers Ins Co of Wausau I 21459 .-_.._.._--~----- Stockton Maintenance Group INSUR ER C. Inc .-.--....-.. ...~ ........m.~.... .----." 19755 Sansbury Way #116 INSURER 0: West Palm Beach FL 33411 _.,~..~ ...................... .- ........... IHSURfR f I COVERAGES THE POl.lCIES~ INSUIlAHCE uSTE08ELtM' HAVE BEEN ISSUED TO THE INSUREO NAMED ABOVE FOR THE POlICY PERKlO "'[)lC.ATED NOlWfTHSTANOING AK'i REQUIREMENT. TERMOR COHorrQtOF AHYCOHl'RACT OR OTHVt OOCU..tNT IMTH RESptCTTOYo'HICHTHIS CERTlFICATE WAY BE JSSUEDOR .....y PERTAIN. TlU! INSURANCE AF'FORDED If'( lllE POUCIES DESCRIBED HEREIN IS SUBJECT 10 ALL THE RHUS. EXa.USIONS AHO COHOITlOHS OF SUCH f:oOllClLS AGGRfCATE UIDTS SHOWN),IAY )V\VE B(EN A(DUC.E.D BY PAlO ClAIMS 1M'" ~L 1.T1l. NU;O TYPE OF aNSUAANCE P'OUCY NUMBER poucy unenV! QAT<(MMIllOItYJ PClUC"f' EXPlRA TlON DATE (MMtOOtVY) ....TS PRODUCTS. COMPIOP NJ4 . 1,000,000 .300,000 .10,000 . 1,000,000__________ _' 2,000,000 . 2,000,000 1,000,000 GEHElW.IJAIllUTY - A X X COll.'IlCW."".'RAl.UAlIIUTY YYJ-Z5l-297397-0l7 =0 CUJ" MADE ~ <XCUR .!.-- t~~=_<:'~_?.!"",_~~_..._... .!.-- Extended PD Amend OfN'L AGGREGATE LN'T APf'l1f5 PEA I Pa.JCV ~ ~ jjlOC 09/01/07 09/01/09 EACH OCCURRENCE twllAGE TO "fHTED Pfl:I!"ISESlb~) MEDUP(-"'1_1*WWI1 f----- .. - - - Pf.RSCJHAt.&A~INJURY GEHERAtAGGREGATf Emp Ben. A AUTOIIEI8ILf UABUTY -. X AMY AUTO - ASJ-Z51-287397-027 09/01/07 09/01/08 COMSlHfD SINGLE lJIUT (Ea~ . 1,000,000 AU. OWNEO AUTClrS - SCHEOUlfO AUTOS - HIRED AUTOS - _ NON..orM<IEOAUTOS -~ $-~-,~~~-~-,?~--~!<:!- X $1,000 Coll Ded R=:: 80DfL Y INJURY lPet~1 900lL Y NJURY [~1ICO:knl1 PROPERTY o.\MAGE l~'~l AUTO OHL y. EAACClOEHT OTHER THAN AlJTO ONLY .."'" AGO B ncUSAlMBRaLA UABlUTY tJ OCCUR D CUJ....Of II DEoucnm rx-1RETEImC'JN EACH OCCURRENCE . 5,000,000 .5,000,000 THC-Z51-297397-037 09/01/07 09/01/09 AGGRfGA.Tl. .10,000 WORI(I!RI CQMPEHSAllOH AHO DG'l.OYUS' UA8lUTY AllY PROPRIETORIPARTNERlEXECUTNE OR=lCf:M.lEY.8ER EXClUDED" rr-.o.sc:nbIankr an:c:w. PRCMSk)NS below 01\4,. .____J~~~~~;__. I fl EACH~DfHT lant. I 'R fL OlS~.e.AfWPlOYfE E.l [JSLASE. POlICY UMIT A Fidelity Bonding i I I YYJ-Z5l-287397-017 09/01/07 09/01/08 $25,000 $500 Ded DESCRIJ'11ON OF OPERAnoHS Il.OCATK>>IS IV!HK:UII DCLU$K)f(S ADDED BY EHOORIEMENT lSf"few.. ,""c:NI!iIOH3 Re: Janitorial Maintenance Services - Bid 08-06-02. The city of Sunny Isles Beach is named as Additional Insured under the General Liability with respect to work performed by insured on behalf of holder. Coveraqe is primary and non-contributory. *30 days notice of cancellation except for non payment which is 10 days per state law. CERTIFICATE HOLDER CANCELLATION SHOUlD AJ('f OF ltie: ABOVE DESCRIBED POUCIfS BE CAHCf1.LED BffORE THE EXPIRAT10H DATI! THlltEOP, 'nfE ISSUING ..SU.U!" ~LL II!:NDfAYOft TO MAIL. *30 DAYS WlVTTEN City of Sunny Isles Beach Office of the City Clerk 19070 Collins Avenue Sunny Islee Beach FL 33160 HOTlCIE TO nil CEftTV'ICATE HOl.DEft "AMED TO lMlE LEfT, 8UTI'ALUI\E TO DO so SKALL IMP'OU NO OBlJOATlON Oft UA.BIUTY OF NlY IQNO UPOfI mE INooftER. rrs AGENTS OR ~I'REnNT"'lN'i.s AUTHORQED REPRESE"TAnVE ~ ACORD 25 (2001/08) @ ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s), 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing Insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) ACORD. CERTIFICATE OF LIABILITY INSURANCE OP 10 KS I DATE (MM/DDIYYYY) STOCK-2 08/13/08 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PRODUCER SLATON INSURANCE P.O. Box 220537 West Palm Beach FL Phone: 561-683-8383 33422 Fax:561-684-5995 INSURERS AFFORDING COVERAGE NAIC# INSURED Stockton Maintenance Group Inc 1975 Sansbury wayt.. Suite 116 West Palm Beach F 33411 INSURER A: INSURER B: INSURER C INSURER D. INSURER E Inlurance Company of the We.t COVERAGES 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, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSRC TYPE OF INSURANCE POLICY NUMBER OATE (MMIDDNY) 'DATI! (MM/DDNY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ - UAlW'>C7t: COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurence) $ - o CLAIMS MADE D OCCUR MED EXP (Anyone person) $ I-- PERSONAL & PDV INJURY $ I-- GENERAL AGGREGATE $ I-- GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ h n PRO- nLOC POLICY JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT - $ ANY AUTO (Ea acc,denl) - ALL OWNED AUTOS BODIL Y INJURY i- $ SCHEDULED AUTOS (Per person) i- HIRED AUTOS BODIL Y INJURY I-- $ NON-OWNED AUTOS (Per acc,dent) - - PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONL Y - EA ACCIDENT $ =1 ANY AUTO OTHER THAN EAACC $ AUTO ONLY AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ ~ OCCUR D CLAIMS MADE AGGREGATE $ $ =1 DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND I TORY LIMITS I IOJ~ A EMPLOYERS' LIABILITY WFL2161744-01 10/31/07 10/31/08 $ 500000 ANY PROPRIETORlPARINERlEXECUTIVE E.L. EACH ACCIDENT OFFICERlMEMBER EXCLUDED? E L. DISEASE - EA EMPLOYEE $ 500000 It yes, describe under EL DISEASE - POLICY LIMIT $ 500000 SPECIAL PROVISIONS below OTHER B Crime Coverage 8208-7046 08/01/07 08/01/08 EmpDishon 5,000,000 Deductibl 25,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION CITYSU2 SHOULD Am OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach FL 33160 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF Am KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES, AUTHORIZED RESENT @ ACORD CORPORATION 1988 ACORD 25 (2001/08) I I i City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax (305) 792-1773 Engineering Department (305) 792-1614 Fax City Commission Norman S. Edelcup, Mayor Lewis J. Thaler, Vice Mayor Roslyn Brezin, Commissioner Gerry Goodman, Commissioner George "Bud" Scholl, Commissioner A. John Szcrlag, City Manager Hans Ottinot, City Allorney .Jane A. Hines, City Clerk MEMORANDUM TO: Honorable Mayor and Commission VIA: John Szerlag, City Manager FROM: Jorge Vera, Assistant City Manager Rick Conner, Director of Public Works DATE: July 17,2008 REGARDING: Award of a contract to Stockton Maintenance Group for Janitorial Services for City facilities in an annual amount not to exceed $130,000. BACKGROUND Several months ago, the City extended the existing contract for Janitorial Services to allow time to receive bids based on a new set of criteria. We had seven bidders and the two lowest bids (both from very good firms) were separated by just over one hundred dollars per month. References for both were very positive. RECOMMENDATION We recommend that the City Commission award the contract to the low bidder, Stockton Maintenance Group for Janitorial Services for all City facilities in an amount not to exceed $130,000 per year. The contract will be for unit prices and we will only order, accept, and pay for the work needed, at those unit prices, to maintain the facilities. REASONS Under our new criteria, we feel we will get the level of service we desire at a cost that would not be achievable by doing the work in-house. ADDITIONAL INFORMATION The total cost of the work is to be less than $130,000. These costs are budgeted. To be comnleted bv Denartmellt Head To be completed bv Citv Clerk's Office DVV\\X APPro(j VV1l} Agenda Item No.: 10 (v\ Funding (-\7-0~ available: City Manager Commission Meeting Date: Finance Department City of Sunny Isles Beach Bid Opening Invitation to Bid No. 08-06-02 Janitorial Maintenance Services 18070 Collins Avenue, 1st Floor, Sunny Isles Beach, FL 33160 Opening Date and Time: Tuesday, June 24, 2008, 4:00 p.m. PRESENT: Jane A. Hines, CMC, City Clerk Rick Conner, Public Works Director Mauricio Betancur, Administrative Coordinator II 7 responses to Bid No. 08-06-02 were received: 1. Stockton Maintenance Group, Inc. Attn: Mike Woodson 1975 Sansbury Way, Suite 116 West Palm Beach, FL 33411 Phone: 561-684-8922 Fax: 561-684-9793 Email: mwoodson@stocktonmaintenance.com (.loriginal and ~ copies received) Base Bid Amount: $9,836.41 2. Chi-Ada Corporation Attn: Bart Okovo 135 NW 163rd Street Miami, FL 33169 Phone: 305-948-5651 Fax: 305-948-9558 Email: chiadacorp@bellsouth.net (.loriginal and ~ copies received) Base Bid Amount: $16,924.00 3. Cleaning Systems, Inc. Attn: James L. Fischer 10330 NW 55 Street Sunrise, FL 33351 Phone: 954-341-000 Fax: 954-341-6771 Email: cleansys5@aol.com (.loriginal and ~ copies received) Base Bid Amount: $11,990.00 4. G & A Maintenance, Inc., d/b/a Service Keepers (.loriginal and ~ copies received) Attn: Neal Berman Base Bid Amount: $9,983.44 7541 NE 3rd Place Miami, FL 33138 Phone: 305-751-2261 Fax: 305-759-0705 Email: nberman@servicekeeper.com 5. Kelly Janitorial Systems, Inc. Attn: Luisa Alonso 2130 SW 94 Court Miami, FL 33165 Phone: 305-978-2656 Fax: 305-988-6534 Email: kelly(cV.kellyianitorial.com (--Loriginal and ~ copies received) Base Bid Amount: $11,995.87 6. Brite Touch, LLC Attn: Geovani Fonseca 101 NE 3rd Avenue, Suite 1500 Ft. Lauderdale, FL 33301 Phone: 954-332-3692 Fax: 954-332-3828 Email: gfonseca@btccontractors.com (--Loriginal and ~ copies received) Base Bid Amount: $15,829.10 7. Holywing'z Attn: Mary Harrigan 1627 NW 14 Circle, Suite 161 Pompano Beach, FL 33069 Phone: 754-235-7747 Fax: Email: (--Loriginal and ~ copies received) Base Bid Amount: $11,500.00 Submitted by: ~~~ Jane A. Hines, CMC, City Clerk Page 1 of 1 Priscilla Walker From: Rick Conner Sent: Tuesday, July 29,200812:54 PM To: Jane Hines Cc: 'Jim Wagner'; Priscilla Walker; Mauricio Betancur Subject: RE: SMG Award Letter Jane: I know you and your staff are going a hundred miles an hour right now, so I will ask with hat in hand if you could please forward a copy of the Resolution awarding the Janitorial Services to Stockton? We will owe you big time.....! Much thanks, 'f:.-icJe, From: Jim Wagner [mailto:jwagner@stocktonmaintenance.com] Sent: Tuesday, July 29, 2008 12: 16 PM To: Rick Conner Subject: SMG Award Letter Rick: It was a pleasure meeting you yesterday. We toured the community center with Victor, we are up to the task. In order to expedite our performance bond, the last piece of the puzzle is an official award notice from the city. I know you have sent us or are in the process of sending this via USPS. If I ask nicely may we get it faxed or emailed? Thank you. Just to confirm we are on track and scheduled for an 8/1 5 start. Thanks again. Jim Wagner Quality Assurance/Sales/Training Manager Stockton Maintenance Group Office Telephone: (561) 684-8922 Mobile: (561) 801-0553 Fax: (561) 684-9793 Email: jwagner@stocktonmaintenance.com 8/4/2008 Sunny Isles Beach, Florida 33160 305.947.0606 www.sibfl.nel City Commission Norman S. Edelcup Mayor Lewis J. Thaler Vice Mayor Roslyn Brezin Commissioner Gerry Goodman Commissioner George "Bud" Scholl Commissioner A. John Szerlag City Manager Hans Ottinol City Attorney Jane A. Hines City Clerk August 4, 2008 Jim Wagner Quality Assurance/Sales/Training Manager Stockton Maintenance Group 1975 Sansbury Way, Suite 116 West Palm Beach, FL 33411 Re: Approval of Janitorial Services Agreement Dear Mr. Wagner: At its regular meeting of July 17,2008, the City Commission adopted Resolution No. 2008-1298, which approved an agreement with Stockton Maintenance Group for janitorial services. Enclosed are two (2) originals for witnessing and execution by your firm. Upon completion, please return the originals and any and all insurances and/or bonds required by said Agreement to my attention. A fully executed original Agreement will be mailed to you once processing has been completed. Thank you. Very truly yours, J24JXk LO~ Priscilla Walker, CMC Deputy City Clerk/Office Manager Enclosures cc: Rick Conner, Public Works and Engineering Director (w/o attachments) Office of the City Clerk (305) 792-1703 Phone (305) 949-3113 Fax Stockton Maintenance Janitorial Services Agrml For Sig Llr City Commission August 13,2008 Norman S. Edelcup Mayor Lewis J. Thaler Vice Mayor Roslyn Brezin Commissioner Gerry Goodman Commissioner George "Bud" Scholl Commissioner A. John Szerlag City Manager Hans Ottinot City Attorney Jane A. Hines City Clerk Jim Wagner Quality Assurance/Sales/Training Manager Stockton Maintenance Group 1975 Sansbury Way, Suite 116 West Palm Beach, FL 33411 Re: Approval of Janitorial Services Agreement Dear Mr. Wagner: At its regular meeting of July 17,2008, the City Commission adopted Resolution No. 2008-1298, which approved an agreement with Stockton Maintenance Group for janitorial services. Enclosed are a copy of the approving legislation and a fully-executed original Agreement for your files. Thank you. ~ Priscilla Walker, CMC Deputy City Clerk/Office Manager Enclosures cc: Rick Conner, Public Works and Engineering Director (w/o attachments) Office of the City Clerk (305) 792-1703 Phone (305) 949-3113 Fax Stockton Maintenance Janitorial Services Agrmt Exec Llr TO: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3 II 3 Fax (305) 947-2150 Building Department (305) 947-5 107 Fax City Commission Norman S. Edelcup, Mayor Lewis J. Thaler, Vice Mayor Roslyn Brezin, Commissioner Gerry Goodman, Commissioner George "Bud" Scholl, Commissioner A. John Szerlag, City Manager Hans Ottinot, City Attorney Jane A. Hines, CMC, City Clerk MEMORANDUM Rick Conner, Public Works and Engineering Director Priscilla Walker, CMC, Deputy City Clerk/Office Manag~W~ August 21, 2008 Approval of Stockton Maintenance Bid Award and Agreement At its regular meeting of July 17, 2008, the City Commission adopted Resolution No. 2008- 1298, which approved an agreement with Stockton Maintenance Group for janitorial services. Enclosed are a copy of the approving legislation and the fully-executed original Agreement for your files. Please review the contract documents to ensure the bond, insurance, and any other requirements have been met. Thank you. /pw Attachments Stockton Maintenance Janitorial Services Agrmt Trans Memo