The URL can be used to link to this page

Home My WebLink AboutSpecifications - ~-- - ... I I I I I ~ I I I I I I ,I I ~ I I !. I II SECTION 1 TABLE OF CONTENTS Table of Contents Section 1 Legal Advertisement/Notice to Bidders Section 2 Instructions to Bidders Section 3 General Conditions Section 4 Summary of Work Section 5 Processing of Invoices Section 6 Bid Response Sheet/Bid Form/Bid Specifications Section 7 Bid Bond Section 8 Bidder Qualifier Statement Section 9 Non-Collusive Affidavit Section 10 Public Entity Crimes Section 11 Notice of Award Section 12 Draft Agreement Section 13 Notice to Proceed Section 14 Form of Payment Bond Section 15 Form of Performance Bond Section 16 Acknowledgement of Conformance with OSHA Standards Section 17 Equal Opportunity / Affirmative Action Statement Section 18 Conflict of Interest Statement Section 19 Dispute Disclosure Form Section 20 Anti-Kickback Affidavit Section 21 Bid Checklist Section 22 D^,~c ") (""Ie 7R. Page 2 Page 3 Page 4 Page 10 Page 25 Page 26 Page 27 Page 49 Page 51 Page 56 Page 57 Page 60 Page 61 Page 66 Page 67 Page 70 Page 73 Page 74 Page 75 Page 76 Page 77 Page 78 I I I SECTION 2 LEGAL ADVERTISEMENT NOTICE TO BIDDERS I 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 I 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 all vendors who are listed on the official list. The City may not accept incomplete proposals. I I 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. I I The envelope containing the sealed bid must be clearly marked: I "IMPORTANT, BID ENCLOSED" Bid No. 08-06-02 JANITORIAL MAINTENANCE SERVICES OPENING DATE AND TIME: June 24, 2008 at 4:00 PM I I I I I 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. I All questions regarding this Invitation to Bid are to be directed in writino only to Rick Conner, Engineering & Public Works Director, using email address:rconner(ij)sibfl.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. I Jane Hines, CMC, City Clerk City of Sunny Isles Beach Publish Date: May 20, 2008 I END OF SECTION I PAGE 3 OF 78 I I I .1 I I I I I I ~ I I I I I I I I 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 (i.e. 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.demandstar.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. Planholder'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.demandstar.com 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 PAGF 4 OF 7R I I I I I I I I I I I I I I I I I I I 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, SEPERATEL Y 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 all 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 OM":J:' a::;: nc 7R ..ill I I I I I I I I I I I I I I I I I I I 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: All Bidder's shall hold the City, it's officials and employees harmless and covenant not to sue the City, it's officials and employees in reference to their decisions to reject, award, or not award a Bid, as applicable. 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 PAGF 6 OF 7R I I I I I I I I I I I I I I I I I I I 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. PAGF 7 OF 7R I I I I I I I. I II I I I 'I I I I I I I I I I I 3.24. Delivery: All items shall be delivered f.o.b. destination (i.e. 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 Iicense(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 and/or 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 I I. 'I I I 'I I. I. I II I I I II I 'I '. I. !. I .1 I i City of Sunny Isles Beach shall be named as "additional insured" with respect to this coverage. The require~ 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 shall 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 PAGF q OF 7R I I I I I I I I I I I 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. 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 .1 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. ,., I . PAlOF 11 nF 71'l II 'I II !. 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). I I I I I I I I I I I I 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 '1 . 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 PAGF 11 OF 7R 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. I " . ,., . I " I '1 . I I I 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. ,., II II :1 '. I ;1 I .1 I II , " I 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 DM~c 14 (""Ie 7R Owned Vehicles; I I I II I II II II II 'I I I ~I II II !I I I .1 II 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. .1 I. . 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 .1 II I II :1 I II 'I I I 'I I. !I II '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. 23-00-477131-54C appears on each purchase order. Exemption certificates are available upon request. 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 PM::" 1 h "" 7R I I I I II II I I I !I I II ~I II 'I II ~I I I ;1 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. 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 Sec. 725.06 (2), F.S. is applicable to this Work, then in lieu of the above provisions of this section the parties agree that Contractor shall indemnify and hold harmless the City, their officers and employees, to the fullest extent authorized by Sec. 725.06 (2) F.S., which statutory provisions shall be deemed to be incorporated herein by reference as if fully set forth herein. In the event that any action or proceeding is brought against City by reason of any such claim or demand, Contractor, upon written notice from City shall defend such action or proceeding by counsel satisfactory to City. The indemnification provided above shall obligatet pA(:~ 17 ()~ 7R - I II I ;1 II I ,I I II ,I :1 II II I 'I I 'I II II I I II ~ ~ 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. PA(;F 1 R nF 7R I I I 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. I I I I I 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. '1 . 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. n I . n . PAGE 19 OF 78 - I I I I I I I I I I II II I I I II .1 II 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 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. I I I 1 II II II I I II ,I II I~ !. I 'I I II II 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. 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 PAGF 21 OF 78 - I I I I I I II ~ 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. I I I I I ,I I ;. 'I I. I 'I I II I 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 II I I II I II 'I I :1 I II 'I ;1 I I 'I II 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. n I 4.33.2. Venue: Venue of any action to enforce the Contract Documents shall be in Miami-Dade County, . n I PAGF 23 OF 78 - I I I I I I II II I ,I I 'I I 'I I II II :1 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 ,.., . ,.., .. PAGF 74 OF 7R I I I I II 'I I I '. I I I I I I I I I II 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 SECTION " . I PAGF :IS OF 7R I I I SECTION 6 PROCESSING OF INVOICES n . 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. I !I II I I ;1 I 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 r-, . I I II I I II II I n . I PAGE 26 OF 78 I I I I :1 II II II I II n .- SECTION 7 BID RESPONSE SHEET THIS BID IS SUBMffiED TO: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Bid No. 08- 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.) I .1 I ~I I II II ,I II I , I I Dated: Dated: Dated: Dated: Addendum No. Addendum No. Addendum No. Addendum No. 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 n . PAGF 27 OF 78 I I I I II I I Ii [I II II I I I .1 I. I , I 1 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. Communications concerning this Bid shall be addressed to (please print clearly): Bidder Name: Address: Telephone Fax 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 r'l I- :1 PAGF JR OF 7R - I I I I I I I II I II I II II II II ~I !I I I 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 A. OFFICES X $ $ A1 City Hall Offices 48 Per Month of Cleanina One Office - X $ $ A2 City Hall Cubicles 40 Per Month of Cleanina One Cubical - X $ $ A3 Pelican Community Park Offices 5 Per Month of Cleanina One Office - X $ $ A4 Pelican Community Park Cubicles 4 Per Month of Cleanina One Cubical - X $ $ AS Public Works Offices 6 Per Month of Cleanina One Office = $ A SUBTOTAL B. KITCHEN AREAS X $ $ B1 City Hall Kitchen Areas 4 Per Month of Cleaning One Kitchen Area - ~ ~ PAI';F 7q nF 7R I I I I x $ $ B2 Pelican Community Park Kitchen Areas 1 Per Month of Cleaning One Kitchen Area = X $ $ B3 Public Works Kitchen Areas 1 Per Month of Cleaning One Kitchen Area = $ B SUBTOTAL C. HALLWAYS AND COMMON AREAS X $ $ C1 City Hall 4 Per Month of One Area = X $ $ C2 Pelican Community Park 1 Per Month of One Area = X $ $ C3 Public Works Office Building Per Month of One Area = $ C SUBTOTAL D. FOYER AND RECEPTION AREAS X $ $ D1 City Hall Foyer and Reception Areas 4 Per Month of One Area = X $ $ D2 Community Center Foyer and 2 Reception Area Per Month of One Area = X $ $ D3 Public Works Foyer and 1 Reception Area Per Month of One Area - $ D SUBTOTAL E. RESTROOMS n . I I I I I ,I 'I .1 I .1 I I I . PM:I' ':lll nl' 7R I I x $ $ E1 City Hall Restrooms 13 Per Month of One Area = X $ $ E2 Community Center Restrooms 5 Per Month of One Area = X $ $ E3 Park and Beach Access Restrooms 6 Per Month of One Area = $ E SUBTOTAL F. ELEVATORS X $ $ F1 City Hall Elevators 3 Per Month of Cleaning One Elevator = X $ $ F2 Community Center Elevators 1 Per Month of Cleaning One Elevator = $ F SUBTOTAL G. COMMISSION CHAMBERS X $ $ G1 City Hall Commission Chambers 1 Per Month of Cleanina = $ G SUBTOTAL H. MISCELLANEOUS ITEMS X $ $ H1 Police Department Holding Cells 2 On Call Per Cell Per Cleanina = X $ $ H2 Pelican Community Park Creative Arts 1 Room Per Month Per Room Per Cleanina = " . I I I I .1 I II I II I II I I I I n . ~ ~ PAGE 31 OF 78 n . I ~ I I I II II I I I 'I I I I. , II x $ $ H3 Pelican Community Activity Rooms 3 Per Month of Cleanina Per Room = X $ $ H4 Pelican Community Park Gymnasium 1 Per Month of Cleanina = X $ $ H5 Pelican Community Park Gymnasium 1 Concession Stand Per Month of Cleanina = $ H SUBTOTAL I. STAIRWELLS X $ $ 11 City Hall 1 Per Month of Cleanina = X $ $ 11 Pelican Community Park 1 Per Month of Cleanina = $ I SUBTOTAL $ GRAND TOTAL 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: ;] . 'I i I Dollars and Cents. PAGE 32 OF 78 I I W II II :1 II I. I I ,I I. I I I I ~I I I i BID ITEM SPECIFICATIONS 7.7 BID FORM SPECIFICATIONS 7.7.1 OFFICES 7.7.1.1 A1. through AS. The following itemized schedule and listing cleaning items shall be construed to be the minimum acceptable for this contract. Contractor's staff shall report any occurrences that may be out of the ordinary on a daily basis. The Contractor's staff shall report all maintenance defects or other damages on a daily basis. The Contractor's staff shall keep the custodial closets clean and orderly. In addition to the following, spot cleaning shall be included as required: 7.7.1.1.1 7.7.1.1.2 7.7.1.1.3 7.7.1.1.4 7.7.1.1.5 7.7.1.1.6 7.7.1.1.7 7.7 .1.1.8 7.7.1.1.9 7.7.1.1.10 7.7.2 KITCHEN AREAS Dust all office furnishings (furniture, desks, bookshelves, file cabinets, computers, etc.), blinds and baseboards every Monday, Wednesday and Friday. Vacuum carpeted floors every night. Sweep tile floors and mop every night. Empty trash cans and replace bags every night and properly dispose of waste. Collect recycling every night and place it in the proper container outside. Clean and sanitize all phones nightly. Clean windows once a week inside with squeegee only (not paper). Wax tile floors once a month. Shampoo carpets once a month. Leave on only designated lights at night. 7.7.2.1. B1. through B3. The following itemized schedule and listing cleaning items shall be construed to be the minimum acceptable for this contract. In addition to the following, spot cleaning shall be included as required: 7.7.2.1.1 7.7.2.1.2 7.7.2.1.3 " I PAGE 33 OF 78 Dust all furnishings, blinds, and baseboards every Monday, Wednesday and Friday. Vacuum carpeted floors every night Sweep tile floors and mop every night. I I 7.7.2.1.4 ~ 7.7.2.1.5 I I I, I I I I I I I I II II 'I I 7.7.2.1.6 7.7.2.1.7 7.7.2.1.8 7.7.2.1.9 7.7.2.1.10 Empty trash cans and replace bags every night and properly dispose of waste. Collect recycling every night and place in the proper container outside. Clean windows once a week inside with squeegee only (not paper). Clean and wipe down countertops with a disinfectant. Clean sinks with a disinfectant. Clean and sanitize all phones nightly. Leave on only designated lights at night. 7.7.3 HALLWAYS & COMMON AREAS 7.7.3.1. C1. through C3. The following itemized schedule and listing cleaning items shall be construed to be the minimum acceptable for this contract. In addition to the following, spot cleaning shall be included as required: 7.7.3.1.1 7.7.3.1.2 7.7.3.1.3 7.7 .3.1.4 7.7.3.1.5 7.7 .3.1.6 7.7.3.1.7 7.7 .3.1.8 7.7.3.1.9 7.7.3.1.10 7.7.3.1.11 7.7.3.1.12 n I I PAr:F "'14 ()F 7R Dust all furnishings, blinds and baseboards every Monday, Wednesday and Friday. Vacuum carpeted floors every night after removing all paper clips, rubber bands, debris, etc. Sweep tile floors and mop every night. Empty trash cans and replace bags every night and properly dispose of waste. Collect recycling every night and place in the proper container outside. Clean windows once a week inside with squeegee only (not paper). Clean entry glass every night. Clean and sanitize all phones nightly. Wax tile floors once a month. Shampoo carpets once a month. Clean and polish all drinking fountains. Leave on only designated lights at night. I I 7.7.4. FOYER AND RECEPTION AREAS n I 7.7.4.1 01. through D3. The following itemized schedule and listing cleaning items shall be construed to be the minimum acceptable for this contract. In addition to the following, spot cleaning shall be included as required: I I I II I II I I I I I I II I I 7.7.4.1.1 7.7.4.1.2 7.7.4.1.3 7.7.4.1.4 7.7.4.1.5 7.7.4.1.6 7.7.4.1.7 7.7.4.1.8 7.7.4.1.9 7.7.4.1.10 7.7.4.1.11 7.7.4.1.12 7.7.4.1.13 7.7.5 RESTROOMS Dust all office furnishings (furniture, desks, bookshelves, file cabinets, computers, etc.), blinds and baseboards every Monday, Wednesday and Friday. Vacuum carpeted floors every night after removing all paper clips, rubber bands, debris, etc. Sweep tile floors and mop every night. Empty trash cans and replace bags every night and properly dispose of waste. Collect recycling every night and place in the proper container outside. Clean windows once a week inside with squeegee only (not paper). Clean entry glass every night. Clean and sanitize all phones nightly. Wax tile floors once a month. Shampoo carpets once a month. Clean and polish all drinking fountains. Leave on only designated lights at night. Check all doors to make sure they are properly locked. 7.7.5.1 E1. through E3. The following itemized schedule and listing cleaning items shall be construed to be the minimum acceptable for this contract. In addition to the following, spot cleaning shall be included as required: 7.7.5.1.1 ,., . 7.7.5.1.2 I 7.7.5.1.3 n I 7.7.5.1.4 l"l . PAGF 'Ie; OF 7R Dust all furnishings, blinds, and baseboards every Monday, Wednesday and Friday. Mop floors with disinfectant solution every night. Empty trash cans and replace bags every night and properly dispose of waste. Clean mirrors every night. I I I I I I I I I II II !I I. II I :1 II I I 7.7.5.1.5 7.7.5.1.6 7.7.5.1.7 7.7.5.1.8 7.7.5.1.9 7.7.5.1.10 7.7.5.1.11 7.7.5.1.12 7.7.6 ELEVATORS Wax tile floors once a month. Clean all restroom facilities (toilets, urinals, etc.) every night with a disinfectant, including the underside of the urinals. Provide urinal screens and deodorant blocks as needed. Replace as needed. Refill (but do NOT overfill) all towel dispensers every night. Refill toilet paper dispensers and soap dispensers every night. Clean all restroom partitions/dividers with a disinfectant on Monday, Wednesday, and Friday nights. Check for and remove all graffiti every day. Leave on only designated lights at night. 7.7.6.1 Fl. through F2. The following itemized schedule and listing cleaning items shall be construed to be the minimum acceptable for this contract. In addition to the following, spot cleaning shall be included as required: 7.7.6.1.1 7.7.6.1.2 7.7.6.1.3 Sweep tile floors and mop every night. Clean all walls with a disinfectant on Monday, Wednesday, and Friday nights. Check for and remove all graffiti every day. 7.7.7 COMMISSION CHAMBERS 7.7.7.1 Gl. The following itemized schedule and listing cleaning items shall be construed to be the minimum acceptable for this contract. In addition to the following, spot cleaning shall be included as required: 7.7.7.1.1 7.7.7.1.2 7.7.7.1.3 r I I . n III PAGF ~n OF 7R Dust all furnishings, blinds, and baseboards every Monday, Wednesday and Friday nights except when it is obvious that a meeting is taking place. Mop tile floors with disinfectant solution every Monday, Wednesday, and Friday nights. Vacuum carpeted floors every Monday, Wednesday, and Friday nights after removing all paper clips, rubber bands, debris, etc. I I I I I I I II 'I I II I I II II I II 'I II I I 7.7.7.1.4 7.7.7.1.5 7.7.7.1.6 7.7.7.1.7 7.7.7.1.8 7.7.7.1.9 7.7.7.1.10 7.7.7.1.11 7.7.7.1.12 7.7.8 MISCELLANEOUS Empty trash cans and replace bags every night and properly dispose of waste. Clean mirrors every night. Wax tile floors once a month. Clean all restroom facilities (toilets, urinals, etc.) every Monday, Wednesday, and Friday night with a disinfectant. Refill (but do NOT overfill) all towel dispensers every Monday, Wednesday, and Friday night. Refill toilet paper dispensers and soap dispensers every Monday, Wednesday, and Friday night. Shampoo carpets once a month. Leave on only designated lights at night. Check all doors to make sure that they are properly locked. 7.7.8.1 Hl. Police Department Holding Cells. The following itemized schedule and listing cleaning items shall be construed to be the minimum acceptable for this contract. In addition to the following, spot cleaning shall be included as required: 7.7.8.1.1 7.7.8.1.2 7.7 .8.1.3 7.7.8.1.4 7.7.8.1.5 7.7.8.1.6 7.7.8.1.7 Mop tile floors with disinfectant solution during every cleaning. Empty trash cans and replace bags every night and properly dispose of waste during every cleaning. Clean mirrors during every cleaning. Wax tile floors once every three months. Clean toilets and sinks with a disinfectant during every cleaning. Refill (but do NOT overfill) all towel dispensers during every cleaning. Refill toilet paper dispensers and soap dispensers during every cleaning. 7.7.8.2 H2. Pelican Community Park Creative Arts Room. The following itemized schedule and listing cleaning items shall be construed to be the minimum acceptable for this contract. In addition to the following, spot cleaning shall be included as required: 7.7.8.2.1 ,., I I . I PAGE 37 OF 78 Dust all furnishings, blinds and baseboards every Monday, Wednesday and Friday. ,I II I. I 'I II I II II I II II I II I I ,I I II II II I " I in II ,.., :1 7.7.8.2.2 7.7.8.2.3 7.7.8.2.4 7.7.8.2.5 7.7.8.2.6 7.7.8.2.7 7.7.8.2.8 7.7.8.2.9 7.7.8.2.10 Sweep tile floors and mop every night (six nights a week). Empty trash cans and replace bags every night and properly dispose of waste (six nights a week). Collect recycling every night and place in the proper container outside. Clean windows once a week inside with squeegee only (not paper). Clean entry glass every night (six nights a week). Wax tile floors once a month. Clean and wipe down countertops with a disinfectant. Clean sinks with a disinfectant. Leave on only designated lights at night. 7.7.8.3 H3. Pelican Community Park Activity Rooms. The following itemized schedule and listing cleaning items shall be construed to be the minimum acceptable for this contract. In addition to the following, spot cleaning shall be included as required: 7.7.8.3.1 7.7.8.3.2 7.7.8.3.3 7.7.8.3.4 7.7.8.3.5 7.7.8.3.6 7.7.8.3.7 7.7.8.3.8 7.7.8.3.9 7.7.8.3.10 Dust all furnishings, blinds and baseboards every Monday, Wednesday and Friday. Vacuum carpeted floors every night after removing all paper clips, rubber bands, debris, etc. Sweep tile and terrazzo floors and mop every night (six nights a week). Empty trash cans and replace bags every night and properly dispose of waste (six nights a week). Collect recycling every night and place in the proper container outside (six nights a week). Clean windows once a week inside with squeegee only (not paper). Clean entry glass every night (six nights a week). Wax tile and terrazzo floors once a month. Shampoo carpets once a month. Leave on only designated lights at night. 7.7.8.4 H4. Pelican Community Park Gymnasium. The following itemized schedule and PAGE 38 OF 78 I I I II ,I .1 II II II I I I 'I listing cleaning items shall be construed to be the minimum acceptable for this contract. In addition to the following, spot cleaning shall be included as required: 7.7.8.4.1 7.7.8.4.2 7.7 .8.4.3 7.7.8.4.4 7.7.8.4.5 7.7.8.4.6 7.7.8.4.7 7.7.8.4.8 7.7.8.4.9 Dust all furnishings, blinds and baseboards every Monday, Wednesday and Friday. Sweep terrazzo floors and mop every night. Empty trash cans and replace bags every night and properly dispose of waste. Collect recycling every night and place in the proper container outside. Clean windows once a week inside with squeegee only (not paper). Clean entry glass every night. Wax terrazzo floors once a month. Dry mop the gymnasium floor every night. Clean the floor specifically per the instructions provided by Connor Maple Sports Floors. Absolutely no other methods will be allowed. Leave on only designated lights at night. 7.7.8.5 H5. Pelican Community Park Gymnasium Concession Stand. The following itemized schedule and listing cleaning items shall be construed to be the minimum acceptable for this contract. In addition to the following, spot cleaning shall be included as required: 7.7.8.5.1 " ,I I I II I 7.7.8.5.2 7.7.8.5.3 7.7.8.5.4 7.7.8.5.5 7.7.8.5.6 r . 7.7.8.5.7 7.7.8.5.8 n I I . I PAGF 'lq OF 7R Dust all furnishings, blinds, and baseboards every Monday, Wednesday and Friday. Sweep tile floors and mop every night. Empty trash cans and replace bags every night and properly dispose of waste (six nights a week). Collect recycling every night and place in the proper container outside (six nights a week). Clean windows once a week inside with squeegee only (not paper). Clean and wipe down countertops with a disinfectant. Clean sinks with a disinfectant. Leave on only designated lights at night. I I I I I 'I II il !. I II I I I I 'I I I I 7.7.8.5.9 Check all doors to make sure that they are properly locked. 7.7.9 11. through 12. Stairwells. The following itemized schedule and listing cleaning items shall be construed to be the minimum acceptable for this contract. In addition to the following, spot cleaning shall be included as required: 7.7.9.1.1 Sweep and vacuum all stairs once a week. 7.7.9.1.2 Clean all entry doors and hardware once a week. 7.7.9.1.3 Clean and disinfect all handrails once a week. 7.7.9.1.4 Check for and remove all graffiti every day. 7.8 GENERAL TECHNICAL SPECIFICATIONS 7.8.1 Accompanying these specifications is a list defining areas to be maintained. By submitting a bid, the bidder certifies that he/she is familiar with the sites and the proposed scope of work, prior to submitting a bid. The City reserves the right to remove specific locations on a temporary or permanent basis, as deemed appropriate. 7.8.2 All equipment shall be maintained in an efficient and safe operating condition while performing work under the contract. Equipment shall have all proper safety devices required by law, properly maintained, and in use at all times. If equipment does not contain proper safety devices and/or is being operated in an unsafe manner, the City may direct the Contractor to remove such equipment and/or the operator until the deficiency is corrected to the satisfaction of the City of Sunny Isles Beach. The Contractor shall be solely responsible and liable for injury to persons, and/or property damage caused by operation of the equipment. 7.8.3 The City Hall is located at 18070 Collins Avenue. The total area for these facilities is approximately 54,000 square feet. Complete Janitorial services by experienced and reliable personnel will be required Monday thru Saturday, after 6:00pm except Saturday when an earlier start time at some of the facilities is permissible. Included in the square footage above is the Post Office (approximately 1,200 square feet) and the Library (approximately 7,500 square feet). 7.8.4 Prior to starting work, the contractor shall provide a listing of all personnel to be allowed in the building. Minimum required information should include the name, resident address, telephone number, date of birth, and Social Security number, for a thorough police background check. No one shall be allowed to work in this building without this information and background checks on file. No one under the age of seventeen will be allowed in the building. Comouters. coov machines. radios and teleohones are not to be used or moved by Contractor oersonnel. n II ,., I I . 7.8.5 The City shall have the right to require the contractor to remove from assignment to its facilities such employees as shall be deemed incompetent, careless, insubordinate, or in any way objectionable, or any personnel whose actions may be contrary to the public interest or inconsistent with the best interests of the City of Sunny Isles Beach. Employees shall be properly certified - (I-9) citizens, Visa green cards, etc. All personnel shall wear uniforms with exposed I.D. tags, issued by the City, or they shall not be permitted to enter the premises. All employees responsible to open and close shall be capable of operating fire and burglar alarm systems properly. 7.8.6 In general, the achievement of the desired standards as outlined here will result in an ,., . PAGF 40 OF 7R I I I I I II I I I II I II I I I almost complete absence of visible soil. In order to maintain the facilities in this condition, the contractor will immediately remove any visible soil, which is found as a result of his inspection. For purposes of definition. absence of soil shall be at a minimum as follows: 7.8.6.1 7.8.6.2 7.8.6.3 7.8.6.4 7.8.6.5 7.8.6.6 7.8.6.7 7.8.6.8 7.8.6.9 7.8.6.10 n . 7.8.6.11 I I I 'I I I I I 7.8.6.12 7.8.6.13 7.8.6.14 7.8.6.15 Absence of dust on horizontal and vertical surfaces, floors, walls, ledges, furniture and equipment. Absence of litter and trash on floor and horizontal surfaces of equipment. Absence of finger marks and sports and soil build-up on walls, partitions, doors, dividers, etc. Absence of incrustation, soil and wax build-up on floors, particularly in thresholds, corners, along edges and baseboard, around door jams, and around furniture and equipment legs and bases. Absence of soil and stains on toilet room fixtures, drains, traps, faucets, soap and dispensers, stalls, mirrors, ledges and drinking fountains. Disinfectants shall be used to sterilize toilet room fixtures where required. Absence of dust, spots, soil build-up and incrustation on furniture and equipment surfaces and legs. Absence of dust, lint and litter on upholstered furniture. Absence of soil, linter, dust and incrustation in ashtrays, urns, wastebaskets, and trash containers. Wastebaskets and trash containers to be washed as needed. Absence of marks, spots, stains, and streaks on interior and exterior entrance doors, lobby glass, all partition glass and concourse interior windows. Absence of soil and dust on window blinds, shades, sills, frames and ledges. Absence of other visible soil and cobwebs on horizontal and vertical surfaces including ceiling, interior and exterior. Absence of trash in building. Trash shall be collected and removed to designated area. Absence of soil, litter, dust and spots from all carpets, mats and floors. Absence of streaks, spots, stains from all bright work, where appropriate. All bright work shall be polished dry to show sheen. Absence of streaks, spots, stains, incrustation, dirt, dust, black marks from all resilient floors. 7.8.7 SPECIAL PROVISIONS. To be observed while cleaning areas with data processing machines, word processing and other electronic devices, as follows: PAGF 41 OF 7R I I I I I I I II , ,I I II ,I I II I I I I I I I I 7.8.7.1 7.8.7..2 7.8.8 RECYCLING. 7.8.8.1 ..... Contractor shall not move nor jar computers, and/or data processing machines, equipment and accessories. Word processing machines and other electronic equipment are very sensitive and must not be moved, bumped, jarred, nor tampered with without prior approval. Contractor shall not use steel wool, powdered cleansers, brushes, dusters, rags or waste material that leave dust nor any material containing silicon on or around this equipment. The Contractor must remove all recyclable material from each location nightly (daily). Recyclable material must be removed separately from other trash to avoid contamination and placed in designated recycle bins. 7.8.9 MATERIAL AND EQUIPMENT 7.8.9.1 7.8.9.2 7.8.10 INSPECTIONS 7.8.10.1 The contractor shall submit a list of all supplies and materials, including chemical material safety data sheets to the Department of Public Works for approval. The Contractor shall furnish and maintain all the necessary equipment and should submit as part of his bid a complete list of the equipment to be used. Bidder must, submit with their bid, evidence and/or references of satisfactory service rendered in the past two years similar to those specified herein. The Contractor shall be responsible for supervision and direction of the work performed by his employees and shall at all times provide a full time supervisor on the premises to carry out this responsibility. The supervisor shall have the authority to act as agent for the Contractor in his absence. He/she shall be fully qualified to implement the contract specifications. Supervisors, Project Managers and any employee performing day coverage must speak fluent English. 7.8.11 FLOOR CARE. Contractor must use the following steps to ensure the expected level of service. 7.8.11.1 .., . PAGE 42 OF 78 MAINTENANCE OF FLOORS OTHER THAN RESTROOMS AND KITCHEN AREAS: 7.8.11.1.1 Non-Carpeted Areas 7.8.11.1.1.1 Either the water or waterless (dry process may be used). Only highest quality materials. Butcher's Products or equal may be used. (Daily) 7.8.11.1.1.2 Completely strip and thoroughly rinse floors. No ammoniated stripper. (Quarterly) 7.8.11.1.1.3 Apply 2 coats of finish (Butcher's Highnoon or ~ I 'I I I I I I I I I I I I I I I I I I I I Equal). (Quarterly) 7.8.11.1.2 Carpeted Areas (Daily) 7.8.11.1.2.1 Vacuum all areas making sure vacuum bags do not exceed 70% capacity. Full vacuuming utilizing extension hoses and tools to thoroughly vacuum all carpeted areas. This includes under desks, close to walls, etc. (Daily) 7.8.11.1.3 Spotting (daily) 7.8.11.1.3.1 Spot carpet areas using Ramsey's Professional 7.8.11.1.3.2 Spotters or equal in the following manner 7.8.11.1.3.3 Spray spot, agitate from the outside in using a non-blunt instrument such as a bone scraper. 7.8.11.1.3.4 Blot spot using a white cotton towel. Larger spots may be removed using a hand tool or wand. This step can be performed while vacuuming. If a spot does not come out during this step, it should be reported to the shift supervisor. The shift supervisor or other properly trai,ned personnel should use Ramsey's Professional Spotting Kit or equal according to its specific directions as outlined in the Master Spotting Guide. Certain spots and stains have certain procedures as outlined in Ramsey's Professional Carpet and Upholstery Cleaning guide and should be followed accordingly (i.e., red dye, copy toner, etc.). 7.8.11.1.4 Heavy Traffic Monthly Procedures. 7.8.11.1.4.1 Pre-spraying 7.8.11.1.4.1.1 Vacuum all areas to be cleaned making sure vacuum bag does not exceed 70% capacity. 7.8.11.1.4.1.2 Pre-spray carpet using Ramsey Premulsion or equal with a pump-up sprayer or similar device. 7.8.11.1.4.1.3 Mix 16 oz. per gallon. Do not over-dilute chemical. PAGE 43 OF 78 I I I II 'I I 'I I I ~I I I I I II :1 'I I II II II ," ,I I 'I 7.8.11.1.4.1.4 7.8.11.1.4.1.5 7.8.11.1.4.1.6 7.8.11.1.4.2 Rinse Extraction 7.8.11.1.4.2.1 7.8.11.1.4.2.2 7.8.11.1.4.2.3 7.8.11.1.4.2.4 DOCUMENT CONTINUES ON NEXT PAGE PAGE 44 OF 78 - Spray evenly in block patterns. Allow at least 10 minutes of dwell time. Extra agitation may be required in excessively soiled areas using a 175 RPM machine with a soft carpet brush attachment. Agitate pre-sprayed areas only. Then rinse extract with an extraction machine. Fill extractor with a mixture of hot water and Ramsey Rinsoft of equal. Mix 1 oz. Per gallon. Do not over dilute chemical. Extract areas that have been pre-sprayed. Note: do not allow pre-spray to dry before being extracted. Note: this step deep cleans carpet fibers, removes any detergent and neutralizes the pH. Carpet blowers may be utilized to reduce drying time. I II I II II II II I II 'I I II !I II II !I II II :1 I I I ,20 SUBMITTED THIS DAY OF If BIDDER is: AN INDIVIDUAL 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 If BIDDER is: A CORPORATION By (Corporation's Name) State of Incorporation: Representative (Name of Person Authorized to Sign) Title Business address Phone No Facsimile No Attest: (President) (Corporate Seal) If BIDDER is: A JOINT VENTURE (Name) (Address) (Name) (Address) PAGE 45 OF 78 ~ 'I ~I I 'I I. !. I. I 'I I :1 I. il II I. II I II I. I II I I (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) STATE OF COUNTY OF 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, , 20_ , 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 , day of .20_ Secretary: (SEAL) ~ PAGE 46 OF 78 - II il 'I II 'I 'I !I II II I II II I II II I II I I I I CERTIFICATE OF AUTHORITY (IF PARTNERSHIP) STATE OF COUNTY OF 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 of the Partnership, be and is hereby authorized to execute the Bid dated, 20 , to the City of Sunny Isles Beach and this partnership and that their execution thereof, attested by the shall be the official act and deed of this partnership." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this , day of ,20 Secretary: (SEAL) PAGE 47 OF 78 :1 I II II I I II I 'I !I II !I I II 'I I 'I I II !I II I I CERTIFICATE OF AUTHORITY (IF JOINT VENTURE) STATE OF COUNTY OF I HEREBY CERTIFY that a meeting of the Principals 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 Venture be and is hereby authorized to execute the Bid dated, Isles Beach official act and deed of this Joint Venture. II I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this 20 Secretary: (SEAL) END OF SECTION n I I . . PAGE 48 OF 78 of the Joint 20-, to the City of Sunny , day of I ,I I II ,I I il ,I ~I II II I II II II !I I I ,I II .1 ~I I I SECTION 8 BID BOND STATE OF FLORIDA ) ) COUNTY OF ) KNOW ALL MEN BY THESE PRESENTS, that we, as Principal, and , as Surety, are held and firmly bound unto the City of Sunny Isles Beach, a municipal corporation of the State of Florida in the sum of Dollars ($ ), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. THE CONDmON OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying Bid dated, 2007 for: WHEREAS, 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 Contract, enter into a written Contract with the City for the performance of said Contract, within ten (10) consecutive calendar days after written notice having been given of the Award of the Contract. NOW, THEREFORE, 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, and 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 day of ,20 , the name and the corporate seal of each corporate party being hereto affixed and these presents being duly signed by its undersigned representative. ,.., I I Ii DOCUMENT CONTINUES ON NEXT PAGE n I PAGE 49 OF 78 I II II I I~ 'I II II I '1 I II II II I II II II ~ .. IN PRESENCE OF: Individual or Partnership Principal Affix Corporate Seal Business Address City, State, and Zip Code Business Telephone Business Facsimile ATTEST: Secretary (Corporate Surety)* By: *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 SECTION n , ,- .1 . PAGE 50 OF 78 - II I. II 'I 'I I. I I II .1 I. II II II I. 'I I :1 I II I SECTION 9 BIDDER QUALIFICATION 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. 9.1. Please describe your company in detail. 9.2. The address of the principal place of business is: 9.3. Company telephone number: 9.4. Number of employees: 9.5. Number of employees assigned to this project: 9.6. Company's Identification Number(s) for the Internal Revenue Service: 9.7. Miami-Dade County and City of Sunny Isles Beach Occupational License Number(s): 9.8. How many years has your organization been in business? 9.9. What similar engagements is your company presently working on? If none, write "none". PAGE 51 OF 78 I 'I !I !I II II II ,I II II I 'I .1 II ,I II I II I II 'I I 9.10. Have you ever failed to complete any work awarded to you? If so, where and why? 9.11. The work described in this project is to occur within public right-of-ways, parks, public facilities, and buildings. List similar governmental or quasi-governmental projects for which you have completed or have on-going services. If none, write "none". 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: ,., . . I PAGE 52 OF 78 I II ~I II 'I I. !. I. II II I II II II I ,., ,I 'I I 'I II I I ,. I I 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 facilities, and buildings; and does the Bidder have a complete plan for its performance? 9.14. Will you Sub-Contract any part of this work? 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 I II II ,I II 'I I II I 'I II II I II II I I I II !I I I I I 9.15. State the name of your proposed staff supervisor and give details of his/her qualifications and experience in managing similar work. 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 name, state the names of the individuals who do business under the trade name.) 9.16.1. Correct name of the Bidders is: 9.16.2. The business is a (Sole Proprietorship) (Partnership) (Corporation). 9.16.3. The names of the corporate officers, or partners, or individuals doing business under a trade name, are as follows: 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". 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". 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". PAGE 54 OF 78 I II 'I I I ;1 I :1 !I II I I I. !I I II II I I~ I I~ II I I 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 day of ,2007. BY: Signature Print Name Title The foregoing instrument was acknowledged before me this 20_, by day of (AFFIX NOTARY STAMP HERE) Notary Public - State of Florida Print or Type Commissioned Name Personally Known Produced Identification OR ; Type of Identification Produced END OF SECTION n I- II PAGE 55 OF 78 I ,I I I II II 'I ,I II I r'1 . SECTION 10 NON-COLLUSION AFFIDAVIT STATE OF FLORIDA ) ) COUNTY OF ) 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 authorized to make this Affidavit on behalf of, (Name of Corporation, Partnership, Individual, etc.) a, , formed under the laws of (Type of Business) (State) r'1 II II I II -I I -I I . II II I . of which he is (Sole Owner, Partner, President, etc.) 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 or data relative thereto, to any association or to any member or agent thereof. AFFIANT'S NAME AFFIANT'S TITLE TAKEN, SWORN AND SUBSCRIBED TO BEFORE ME this _ day of ,200_. Personally Known Type of identification or Produced Identification (Affix seal here) NOTARY PUBLIC (name printed or typed) END OF SECTION PAGE 56 OF 78 ~ 'I II I II :1 II II II II I II I I II ;1 I 'I 'I I :. I :- Ii SECTION 11 PUBLIC ENTITY 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 perform Work as a Contractor, supplier, Subcontractor, or Consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount Category Two of See. 287.017, FS for thirty six months from the date of being placed on the convicted vendor Iist". CONFLICTS 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 II 'I I 'I I I II II ,I II !I I 'I II II II II II I II !I I ~ SWORN STATEMENT PURSUANT TO SECTION 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 City of Sunny Isles Beach City Commission by [print individual's name and title] for [print name of entity submitting sworn statement] whose business address is: and (if applicable) its Federal Employer Identification number (FEIN) is (If the entity had no FEIN, include the Social Security Number of the individual signing this sworn statement: .) 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 ~ ;- II I II I ,I [I I I II I I I 'I I II I 'I I II II I II :1 I II 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.) 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 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. 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 PUBLIC ENTITY 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 PUBLIC 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: (Signature) (Printed Name) (Title) Sworn to and subscribed before me this day of , 20-, by (AFFIX NOTARY STAMP HERE) Signature: Notary Public - State of Florida Print or Type Commissioned Name Personally Known OR Produced Identification Type of Identification Produced END OF SECTION ~ PAGE 59 OF 78 .II I. I 'I I. I ,. II II .1 I. !. I. 'I I I I I I I I SECTION 12 NOTICE OF AWARD TO: PROJECT DESCRIPTION: Landscape Maintenance Services Contract, Bid No. 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 # , in the estimated amount of $ 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 day of ,20_. BY: A. John Szerlag, City Manager ACCEPTANCE OF NOTICE OF AWARD Receipt of the above Notice of Award is hereby acknowledged by this day of ,20_. BY: fiLE: You are required to return an acknowledged copy of this Notice of Award to the City. END OF SECTION 1"1 . i PAGE 60 OF 78 'I 'I , II II II I II 'I I I I I I I I I I I I i SECTION 13 DRAFT AGREEMENT CITY OF SUNNY ISLES BEACH LANDSCAPE MAINTENANCE SERVICES AGREEMENT WITH CONTRACT NO: C0708- THIS SERVICE AGREEMENT ("Agreement") made and entered into this day August 2007, by and between the CITY OF SUNNY ISLES BEACH, FLORIDA, a municipal corporation of the State of Florida (hereinafter referred as to "City"), and , a Florida corporation, authorized to do business in the State of Florida (hereinafter referred to as "Contractor"). RECITALS WHEREAS, Contractor has expressed the ability and desire to provide Services, subject to the terms and conditions contained herein, and has submitted a proposal to the City as more fully described in Attachment "A", which is attached hereto and made a part hereof; and WHEREAS, the City's Code provides that any purchase in excess of $25,000.00 requires City Commission approval and compliance with the City's procurement code, which mandates that such purchases must be awarded by competitive bidding, with certain limited exceptions; and WHEREAS, in response to the City's Invitation to Bid No.: 2008 - the City determined that the Contractor was the lowest responsible 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. 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: 13.1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement and made a part hereof for reference. 13.2. SERVICES. Contractor shall provide to the City, janitorial maintenance services , as more particularly described in Attachment "A" attached hereto and made a part hereof. 13.3. 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 honor the same prices reflected in Attachment "A". 13.4. COMPENSATION. Payment to Contractor for all charges under this Agreement shall be in accordance with this Agreement and a Schedule of charges i.eflected in Attachment "Aj. Contractor shall submit invoices, on a monthly basis, by the 22nd day of each month. Should the 22nd fall on a weekend PAGE 61 OF 78 II I I I I i II .1 !I I II I !I II II ,I II I I I I 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. 13.5. 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. 13.6. 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. 13.7. OWNERSHIP OF DOCUMENTS AND EOUIPMENT. 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. 13.8. 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. 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 ,., U PAGE 62 OF 78 I .1 I .1 I II II II I I .1 I 'I I I I I I I I I 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. 13.9. 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) 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 14.4 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 Contractor 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. 13.10. 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 PAGE 63 OF 78 I I I I I II I I I I II :1 II 'I I II I 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. 13.11. 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. 13.12. 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 Ave. City of Sunny Isles Beach Sunny Isles Beach, Florida 33160 18070 Collins Avenue Ph: 305-792-1701 Sunny Isles Beach, Florida 33160 Ph: 305-792-1702 If to the Contractor: 13.13 GOVERNING LAW. 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. 13.14. 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. n I 13.15. 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. In W I n i.: 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 ,I PAGE 64 OF 78 I I I II I I I II II I I II II I ,I I. I II I II I :1 II that all employment practices are free from such discrimination. 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. 13.16. 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. 13.17. CONFLICTING PROVISIONS. The terms and conditions in this Agreement supersede any other conflicting provisions that are contained in any other document. 13.18. ENTIRE AGREEMENT. This Agreement and Attachment "A", which is 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. WITNESSES: COMPANY'S NAME BY: Company CITY OF SUNNY ISLES BEACH ATTEST: BY: BY: Jane A. Hines, CMC, City Clerk Norman S. Edelcup, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Hans Ottinot, City Attorney END OF SECTION " .: " I PAGE 65 OF 78 I I I I I I I I I I I I I I I SECTION 14 NOTICE TO PROCEED TO: DATE: PROJECT DESCRIPTION: Landscape Maintenance Services Contract, Bid No. in accordance with Contract Documents. You are hereby notified to commence Work in accordance with the Agreement dated on or before BY: A. John Szerlag, City Manager ACCEPTANCE OF NOTICE TO PROCEED Receipt of the above Notice to Proceed is hereby acknowledged by this day of ,20_. BY: TITLE: You are required to return an acknowledged copy of this Notice to Proceed to the City. END OF SECTION '1 . ~ " .J ,., . PAGE 66 OF 78 I I I I I I I I II I 'I I I -I -I II I. I I SECTION 15 FORM OF PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That, pursuant to the requirements of Florida Statute 255.05, we, , as Principal, hereinafter called Contractor, and, as Surety, are bound to the City of Sunny Isles Beach, Florida, as Obligee, hereinafter called City, in the amount of [ ] Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract No. [type in Bid No. ], awarded the day of , 20 , with Janitorial Maintenance Services in accordance with contract documents prepared by the City of Sunny Isles Beach, which Contract is by reference made a part hereof, and is hereafter referred to as the Contract; THE CONDmON OF THIS BOND is that if the Contractor: 15.1. Indemnifies and pays City all losses, damages (specifically including, but not limited to, damages for delay and other consequential damages caused by or arising out of the acts, omissions or negligence of Contractor), expenses, costs and attorney's fees including attorney's fees incurred in appellate proceedings, that City sustains because of default by Contractor under the Contract; and 15.2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1) supplying Contractor with all labor, materials and supplies used directly or indirectly by Contractor in the prosecution of the Work provided for in the Contract, then this obligation shall be void; otherwise, it shall remain in full force and effect subject, however, to the following conditions: 15.2.1. A claimant, except a laborer, who is not in privity with the Contractor and who has not received payment for their labor, materials, or supplies shall, within forty-five (45) days after beginning to furnish labor, materials, or supplies for the prosecution of the Work, furnish to the Contractor a notice that they intend to look to the Bond for protection. 15.2.2. A claimant who is not in privity with the Contractor and who has not received payment for their labor, materials, or supplies shall, within ninety (90) days after performance of the labor, or after complete delivery of the materials or supplies, deliver to the Contractor and to the Surety, written notice of the performance of the labor or delivery of the materials or supplies and of the non-payment. 15.2.3. No action for the labor, materials, or supplies may be instituted against Contractor or the Surety unless the notices stated under the preceding paragraphs 16.2.1 and 16.2.2 have been given. n I 15.2.4. Any action under this Bond must be instituted in accordance with the Notice and Time Limitations provisions prescribed in Section 255.05(2), Florida Statutes. . The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents ,., I PAGE 67 OF 78 '1 . I I I I I I I I I I I I I I I and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect the Surety's obligation under this Bond. Signed and sealed this day of ,20 WITNESS: BY: (Name of Corporation) Secretary (Signature) (CORPORATE SEAL) (Type Name and Title Signed Above) IN THE PRESENCE OF; INSURANCE COMPANY: BY: *Agent and Attorney-in-Fact * (Power of Attorney must be attached) (Address) (City /State/Zip Code) (Telephone) STATE OF FLORIDA ) ) COUNTY OF ) , [name of person], as AFFIX NOTARY STAMP HERE: Signature: Notary Public - State of Florida Print or Type Commissioned Name Personally Known OR Produced Identification Type of Identification Produced n I I .. ,.., I i PAGE 68 OF 78 ~ I I I I I I I I I I II I I II I I II I~ II CERTIFICATE AS TO CORPORATE PRINCIPAL I, , certify that I am the Secretary of the corporation named as Principal in the foregoing Payment Bond; that , who signed the Bond on behalf of the Principal, was then of said corporation; that I know his/her their signature; and his/her their signature thereto is genuine; and that said Bond was duly signed, sealed and attested to on behalf of said corporation by authority of its governing body. (CORPORATE SEAL) NAME OF CORPORATION SECRETARY OF CORPORATION END OF SECTION In I- I PAGE 69 OF 78 I I I I I I I I I I I I I I I I I I I SECTION 16 FORM OF PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That, pursuant to the requirements of Florida Statute 255.05, we, , as Principal, hereinafter called Contractor, and , as Surety, are bound to the City of Sunny Isles Beach, Florida, as Obligee, hereinafter called City, in the amount of Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract No.: . awarded the day of , 20_ , with Janitorial Maintenance Services in accordance with contract documents prepared by the City of Sunny Isles Beach, which Contract is by reference made a part hereof, and is hereafter referred to as the Contract; THE CONDmON OF THIS BOND is that if the Contractor: 16.1. Fully performs the Contract between the Contractor and the City for Landscape Maintenance Services (Bid No. 07-10-04) within calendar days after the date of Contract commencement as specified in the Notice to Proceed and in the manner prescribed in the Contract; and 16.2. Indemnifies and pays City all losses, damages (specifically including, but not limited to, damages for delay and other consequential damages caused by or arising out of the acts, omissions or negligence of Contractor), expenses, costs and attorney's fees including attorney's fees incurred in appellate proceedings, that City sustains because of default by Contractor under the Contract; and 16.3. Upon notification by the City, corrects any and all defective or faulty Work or materials which appear within one and one half (1 1/2) years, and: 16.4. Performs the guarantee of all Work and materials furnished under the Contract for the time specified in the Contract, then this Bond is void, otherwise it remains in full force. Whenever Contractor shall be, and declared by City to be, in default under the Contract, the City having performed City's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 16.4.1. Complete the Contract in accordance with its terms and conditions; or 16.4.2. Obtain a Bid or Bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible and responsive Bidder, or, if the City elects, upon determination by the City, and Surety jointly of the lowest responsible and responsive Bidder, arrange for a Contract between such Bidder and City, and make available as Work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price" as used in this paragraph, shall mean the total amount payable by City to Contractor under the Contract and any amendments thereto, less the amount properly paid by City to Contractor. PAGE 70 OF 78 I I I I I I I I I I I I I I I I I I No right of action shall accrue on this Bond to or for the use of any person or corporation other than the City named herein. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Surety's obligation under this Bond. Signed and sealed this day of ,20 WITNESS: BY: (Name of Corporation) Secretary (Signature) (CORPORATE SEAL) (Type Name and Title Signed Above) IN THE PRESENCE OF; INSURANCE COMPANY: BY: *Agent and Attorney-in-Fact * (Power of Attorney must be attached) (Address) (City /State/Zip Code) (Telephone) STATE OF FLORIDA COUNTY OF . [name of person], as AFFIX NOTARY STAMP HERE: Signature: Notary Public - State of Florida Print or Type Commissioned Name Personally Known OR Produced Identification Type of Identification Produced 1 . PAGE 71 OF 78 - I I I I I I I I I I I ~ I II I I 'I I I CERTIFICATE AS TO CORPORATE PRINCIPAL I, , certify that I am the Secretary of the corporation named as Principal in the foregoing Payment Bond; that , who signed the Bond on behalf of the Principal, was then of said corporation; that I know his/her their signature; and his/her their signature thereto is genuine; and that said Bond was duly signed, sealed and attested to on behalf of said corporation by authority of its governing body. (CORPORATE SEAL) NAME OF CORPORATION SECRETARY OF CORPORATION END OF SECTION n I . PAGE 72 OF 78 - I I I I I I I I I I I II .1 I I !I I .1 SECTION 17 ACKNOWLEDGMENT OF CONFORMANCE WITH OSHA STANDARDS To: City of Sunny Isles Beach We, , hereby acknowledge and [Prime Contractor] agree that we, as the Prime Contractor for the Janitorial Services Maintenance Services Contract, 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. CONTRACTOR TITLE BY: ,.., Ii r . END OF SECTION ~ I PAGE 73 OF 78 I I I I I I I I I I I I I I I I I ~ 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: Title: Firm: Address: END OF SECTION ,., I PAGE 74 OF 78 I l . SECTION 19 CONFLICT OF INTEREST STATEMENT I I I I I I I I I I I I i I I I I STATE OF FLORIDA COUNTY OF BEFORE ME, the undersigned authority, personally appeared was duly sworn, deposes, and states: , who 19.1. I am the with a local office in of and principal office in 19.2. 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. Dated this day of ,2007. AFFIANT Print or Type Name and Title Sworn to and subscribed before me this _ day of o Personally Known OR o Produced Identification ; Type of Identification ,2007. NOTARY PUBLIC STATE OF FLORIDA PAGE 75 OF 78 I I I I I I I I I 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 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 adjustment, 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 I I I I 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 forfeiture of rights for further consideration of this bid for the City of Sunny Isles Beach, Bid No. , Janitorial Services Maintenance Firm Date Authorized Signature Print or Type Name and Title ~ END OF SECTION I I I PAGE 76 OF 78 I I I I I I I SECTION 21 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) ) COUNTY OF ) 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: n . Title: " . The foregoing instrument was acknowledged before me this , 20_, by day of I I I I I I I .1 I I II [name of person], as [type of authority], for [name of party on behalf of whom instrument was executed]. AFFIX NOTARY STAMP HERE: Notary Public - State of Florida Print or Type Commissioned Name Personally Known OR Produced Identification Type of Identification Produced END OF SECTION PAGE 77 OF 78 I n . SECTION 22 BID CHECKLIST I I I I i I I THE FOLLOWING ARE REQUIREMENTS OF THIS BID. USE OF THIS CHECKLIST WILL HELP ENSURE THAT YOUR SUBMISSION IS COMPLETE. Place a check mark in the "Done" column as you complete and enclose each item. l iii Required Done Requirement ./ Bid Response Sheet/Bid Form/Bid Specifications ./ Certificate(s) of Insurance ./ Certificates of Competencies ./ Local Business Tax (Occupational Business License) ./ State License(s) ./ List of Proposed Sub-Contractors ./ Bidder Qualification Statement ./ Non-Collusion Affidavit ./ Non-Kickback Affidavit ./ Public Entity Crimes Sworn Statement ./ Acknowledgement of Conformance with OSHA Standards ./ Equal Opportunity/Affirmative Action Statement ./ Conflict of Interest Statement ./ Dispute Disclosure Form ./ Bid Checklist n . This checklist must be part of the Bid. Please read the entire Bid documents thoroughly to ensure that your submission is complete. " I . ~ I I I END OF SECTION ,., I I l .. PAGE 78 OF 78 JANITORIAL MAINTENANCE SERVICES BID SPECIFICATIONS Invitation to Bid No. 08-06-02 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