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HomeMy WebLinkAboutSpecifications Professionally Serviced Floor Mat Rentals BID SPECIFICATIONS Invitation to Bid No. 11-08-03 OF Publish Date: 08/31/2011 Pre-Bid Conference: Intentionally Omitted Bid Due and Bid Opening Date: 09/22/2011 at 10:00 AM Sunny Isles Beach Government Center 18070 Collins Avenue Sunny Isles Beach, Florida 33160 SECTION 1 TABLE OF CONTENTS Table of Contents Legal Advertisement/Notice to Bidder Instructions to Bidder / General Terms Special Terms & Conditions Scope of Work / Technical Specifications Bid Form Affidavits Non-Collusive Affidavit Public Entity Crimes Equal Opportunity / Affirmative Action Statement Conflict of Interest Statement Dispute Disclosure Form Anti-Kickback Affidavit Attachments PAGE 2 OF 24 BID No. 11-01-01 Section 1 Section 2 Section 3 Section 4 Page 2 Page 3 Page 4 Page 12 Page 15 Page 19 Page 1 of 7 Page 2 of 7 Page 4 of 7 Page 5 of 7 Page 6 of 7 Page 7 of 7 LEGAL ADVERTISEMENT NOTICE TO BIDDER NOTICE IS HEREBY GIVEN that the City of Sunny Isles Beach is seeking sealed Bids for the following work as specified. Professionally Serviced Floor Mat Rentals Invitation to Bid No. 11-08-03 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 Bids. 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 10:00 AM, on Thursday, 09/22/2011 at the Sunny Isles Beach Government Center located at 18070 Collins Avenue, 4th floor, Sunny Isles Beach, Florida, 33160. Bids received after this time will not be considered. The City is under no obligation to return Bids. Timely submitted Bids will be opened publicly and read aloud at this time. The envelope containing the sealed Bid must be clearly marked: "IMPORTANT, BID ENCLOSED" Bid No. 11-08-03 Professionally Serviced Floor Mat Rentals OPENING DATE AND TIME: Thursday, 09/22/2011 at 10:00 AM 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, and represents the best value to, the Owner in conformity with the criteria set forth in Section 62-8 of the Code of Ordinances of the City of Sunny Isles Beach. All questions regarding Invitation to Bid No. 11-08-03 shall be directed in writinq to Jane A. Hines, CMC, City Clerk, at least five (5) business days prior to the date of the Bid opening. Questions may be submitted via email to: JHines@sibfl.net or via facsimile (305) 792-1563 or via regular mail at: Jane A. Hines, CMC, City Clerk, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, FL 33160. Jane Hines, CMC, City Clerk City of Sunny Isles Beach PAGE 3 OF 24 BID No. 11-01-01 SECTION 1 INSTRUCTIONS TO BIDDER I GENERAL TERMS AND CONDITIONS TO INSURE ACCEPTANCE OF YOUR BID, PLEASE FOLLOW THESE INSTRUCTIONS: 1.1 CLARIFICATION/EXPLANATION/OUESTIONS 1.7 SEALED BID Any questions conceming the Bid Specifications or any required need for clarification must be made to Jane A. Hines, CMC, City Clerk via email to: JHines@sibfl.net or via facsimile (305) 792- 1563 or via regular mail at: Jane A. Hines, CMC, City Clerk, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, FL 33160. Such requests for clarification/explanation or questions must be made in writing to Jane A. Hines, CMC, City Clerk, at least five (5) business days prior to the date of the Bid opening. Interpretations or clarifications considered necessary by the City will be issued by addenda and posted/disseminated by DemandStar (www.demandstar.com) to all parties listed on the official plan holders' list as having received the Bid documents. Only questions answered by written addenda shall be binding. Oral interpretations or clarifications shall be without legal effect. No plea of ignorance or delay or required need of additional information shall exempt a Proposers from submitting their Bid on the required date and time as publicly noted. 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 submitted in a sealed envelope. Proposers shall use the Bid Forms furnished in this Invitation to Bid. Failure to do so may cause the Bid to be rejected. Proposers shall deliver to the City, as Bid submission: 1.2 PLAN HOLDER'S UST 1.7.1 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. 1.7.2 (If applicable) 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. 1.7.3 Certificates of Competencies/Licenses/Local Business Tax Receipt: Copies of all Certificates of Competencies, Licenses, and Local Business Tax Receipt. 1.7.4 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. As a convenience to vendors, the City of Sunny Isles Beach has made available via internet lists of all plan holders for each invitation to Bid, Invitation to Bid, and request for qualifications. The information is available on-line at www.demandstar.com or by calling the Office of the City Clerk at (305) 792-1703. 1.3 ADDENDA TO SPECIFICATIONS If any addenda are issued after the initial specifications are released, the City will post and disseminate the addenda through DemandStar. For those projects with separate plans, blue prints, or other materials that cannot be accessed through the internet, the Office of the City Clerk will make good faith effort to ensure that all registered proposers (those who have been registered as receiving a Bid package) receive the documents. It is the responsibility of the vendor prior to the submission of any Bid to check the above website or contact the Office of the City Clerk at (305) 792-1703 to verify any addenda issued. The receipt of all addenda must be acknowledged on the Bid Response Sheet. 1.8. BID EXECUTION, SIGNATURES, ERASURE/CORRECTION All Bids shall be signed in blue ink. All price quotes shall be typewritten or printed with ink. All corrections made by the proposers prior to the opening must be initialed and dated by the proposers. No changes or corrections will be allowed after Bids are opened. Bids must contain an original, manual signature of an authorized representative of the company. 1.8 WITHDRAWAL OF BIDS Any person requiring a special accommodation at a Pre-Bid Conference or Bid/RFP/RFQ opening because of a disability should call the Office of the City Clerk at (305) 792-1703 at lease five (5) days prior to the Pre-Bid Conference or Bid/RFP/RFQ opening. If you are hearing or speech impaired, please contact the Office of the City Clerk by calling the City of Sunny Isles Beach using the Florida Relay Service which can be reached at 1(800) 955-8771 (TDD). Proposers may withdraw Bids only by written request and shall forward the withdrawal request via "Certified U.S. Mail - Return Receipt Requested" prior to the Bid opening time. Negligence on the part of the Proposers in preparing the Bid confers no right for the withdrawal of the Bid after it has been opened. 1.4 SPECIAL ACCOMMODATIONS 1.9 8ID OPENING 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 !!l2Y...DQ! 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 2B7.107, for category two for a period of 36 months from the date of being placed on the convicted vendor list". Bids will be opened publicly at the time and place stated in the Notice to Bidder. It is the responsibility of the proposers 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 considered and will not be returned. 1.5 PUBLIC ENTITY CRIMES STATEMENT 1.10 EVALUATION OF BIDS 1.6 BID DEADLINE The City, at its sole discretion, reserves the right to inspect any/all Proposers facilities to determine their capability of meeting the requirements for the Contract. Also, price, responsibility, and responsiveness of the Proposers, 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. Bids must be submitted no later than the time and date shown within this document. 1.11.1 Hold Harmless: All Proposer's shall hold the City, it's officials and employees harmiess and covenant not to PAGE 4 OF 24 BID No. 11-01-01 1.11.2 sue the City, it's officials and employees in reference to their decisions to reject, award, or not award a Bid, as applicable. Cancellation: Failure on the part of the Proposers to comply with the conditions, specifications, requirements, and terms as determined by the City, shall be just cause for cancellation of the Award. Disputes: If any dispute conceming 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 shaH resolve the dispute and send a written copy of its decision to the Contractor, which shall be binding on both parties. 1.11.3 1.11 AGREEMENT After the Bid award, the City will, at its option, prepare an Agreement specifying the terms and conditions resulting from the award of this Bid. The vendor will have ten (10) calendar days after notification of the award by the City to execute the Agreement and provide the required Performance and Payment Bond. The Proposers who has the Contract awarded to them and who fails to execute the Agreement and furnish the Performance and Payment Bond and Insurance Certificates within the specified time shall forfeit the Bid Security that accompanied their Bid, and the Bid Security shall be retained as liquidated damages by the City, and it is agreed that this sum is a fair estimate of the amount of damages the City will sustain in case the Proposers fails to enter into the Contract and furnish the Bonds as herein before provided. Bid Security deposited in the form of a cashier's check drawn on a local bank in good standing shall be subject to the same requirements as a Bid Bond. The performance of the City of Sunny Isles Beach of any of its obligations under the agreement shall be subject to and contingent upon the availability of funds lawfully expendable for the purposes of the agreement for the current and any future periods provided for within the Bid specifications. 1.13 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. 1.14 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. 1.15 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 resoonse. for information specific to City of Sunny Isles Beach local business tax/occupational licenses, please cali Code Enforcement & Licensing at (305) 792-1705. If the contractor is operating under a fictitious name as defined in Section B65.059, Florida Statutes, proof of current registration with the Florida Secretary of State shall be submitted with the Bid. A business formed by an attomey actively licensed to practice law in this state, by a person activeiy licensed by the Department of Business and Professional Reguiations or the Department of Health for the purpose of practicing his or her licensed profession, or by any corporation, partnership, or other commercial entity that is actively organized or registered with the Department of State shall submit a copy of the current licensing from the appropriate agency and/or proof of current active status with the Division of Corporations of the State of Florida. 1.16 LIABILITY. INSURANCE. PERMITS AND LICENSES PAGE 5 OF 24 BID No. 11-01-01 Proposers shall assume the full duty, obligation, and expense of obtaining all necessary licenses, permits, inspections, and insurance required. The Proposers shall be liable for any damages or loss to the City occasioned by negligence of the Proposers (or their agent) or any person the Proposers 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 aiong with the Bid resoonse. Faiiure to furnish these documents or to have required licensor will be grounds for rejecting the Bid and forfeiture of the Bid Bond. 1.17 CERTIFICATE(S) OF INSURANCE 1.18 1.19 Proposers shaH 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) Oocument(s). The City of Sunny Isles Beach shall be named as "additionai insured" with respect to this coverage. The required certificates of insurance shall not only name the types of policies provided, but shall also refer specifically to this Bid and section. At the time of Bid submission the Proposers 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 Proposers and insurer to notify the City Manager of the City of Sunny Isles Beach of cancellation, lapse, or material modification of any insurance policies insuring the Proposers, which relate to the activities of such vendor and the City of Sunny Isles Beach. Such notification shall be in writing, and shall be submitted to the City finance support service director thirty (30) days prior to cancellation of such policies. This requirement shall be reflected on the certificate of insurance. Failure to fully and satisfactorily comply with the city's insurance and bonding requirements set forth herein will authorize the City Manager to implement a rescission of the Bid award without further City Commission action. The Proposers hereby holds the City harmless and agrees to indemnify City and covenants not to sue the City by virtue of such rescission. 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 (50) days written notice, at City's sole discretion. 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. 1.20 NON-CONFORMANCE TO CONTRACT 1.21 1.22 1.23 The City of Sunny Isles Beach may withhoid 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 scheduies may result in the Contractor being found in default. City: Contract Documents: DEFAULT PROVISION In case of default by the Proposers or Contractor, the City of Sunny Isles Beach may procure the articles or services from other sources and hold the Proposers or Contractor responsible for any excess costs occasioned or incurred thereby. 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. DEFINmONS Contract Price: 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: Contract Time: Acceptance: Acceptance by the City of the Work as being fully complete in accordance with the Contract Documents subject to waiver of claims. Contracting Officer: Agreement: The written Agreement between the City and the Contractor covering the Work to be performed, which includes the Contract Documents. Contractor: 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. Field Order: Day: Approved: Means approved by the City. Bid: The offer or Bid of the Proposers submitted on the prescribed form setting forth the prices for the Work to be performed . Modification: Proposers: Any person, firm or corporation submitting a Bid for Work. Bonds: Bid, performance bond 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. Notice of Award: 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. Notice to Proceed: PAGE 6 OF 24 BIO No. 11-01-01 City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida 33160. Contract Oocuments shall include, Instructions to Proposers, Contractor's Bid, the Bonds, the Notice of Award, the Agreement between the City and Contractor as well as any addenda thereto, 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. The total monies payable to the Contractor under the Contract Oocuments. The number days stated Agreement for completion of the Work. of calendar in the the The individual who is authorized to sign the contract documents on behalf of the City's governing body. The person, firm or corporation with whom the City has executed this Agreement. A calendar day of twenty- four hours measured from midnight to the next midnight. A written order issued by the City which clarifies or interprets the Contract Documents or orders minor changes in the Work. 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. The written notice by City to the apparent successful Proposers stating that upon compliance with the conditions precedent to be fulfilled by him within the time specified, City will execute and deliver the Agreement to him. A written notice given by City to Contractor fixing the Project: Samples: Shop Drawings: Specifications: Statement of Services: Sub-Contractor: Substantial Completion: Supplier: Surety: PAGE 7 OF 24 BID No. 11-01-01 date on which the Contract Time will commence to run and on which Contractor shall start to perform their obligations under the Contract Documents. The entire Scope of Services to be performed as provided in the Contract Documents. Physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged . 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. Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work. The form furnished by the City which is to be used by the Contractor in requesting progress payments. 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. 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. 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. 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 Oocuments, including ali labor, materials, equipment and other incidentals, and the furnishing thereof. Written Notice: The term "Notice" as used herein shall mean and include all written notices, demands, instructions, claims, approvals and disapproval's required to obtain compliance with Contract requirements. Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or to an authorized representative or such individual, firm, or corporation, or if delivered at or sent by registered mail to the last business address known to them who gives the notice. Unless otherwise stated in writing, any notice to or demand upon the City under this Contract shall be delivered to the City. 1.24 BID AWARD The City reserves the right to reject any and all Bids at its sole discretion. Bids shall be awarded by the City after the City performs all necessary searches, inquiries, exploration, and analysis of the Bids. The Bid shall be awarded to the lowest responSible and responsive proposer whose Bid best serves the interests of and represents the best value to the City in conformity with the criteria set forth in Section 62-8 of the City Code. No Notice of Award will be given until the City has concluded any investigation(s) as they deem necessary to establish the Proposer's capability to perform the work as described in this invitation to bid, as substantiated by the required professional experience, client references, technical knowledge and qualifications; and sufficient labor and equipment to comply with the City's established standards, as well as the financial capability of the Proposer 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 Proposers on the basis of these queries and investigations and who does not meet the City's satisfaction, even though the firm may be the lowest dollars and cents Bid. In analyzing Bids, the City will also take into consideration client references, past work experience and work product, proven ability to satisfactorily perform If the Contract is awarded, the City will issue the Notice of Award and give the successful Proposers a Contract for execution within ninety (90) days after opening of Bids. The City specifically reserves the right to award the contract to a proposer who is not necessarily the lowest dollars and cents proposers on the basis of the results of these queries and investigation(s). 1.25 FORFEITURE OF BID SECURITY. PERFORMANCE BOND (IF APPLICABLE) Within ten (10) calendar days of being notified of the award, Contractor shall furnish an executed agreement and attach a Performance Bond (containing all the provisions of the Performance Bond herein). The Performance 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 1.26 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 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 recorded in the public records of Miami- Dade County and provide City with evidence of such recording. 1.25.1 Each Bond must be executed by a surety company authorized to do business in the State of Fiorida 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. 1.25.2 The surety company shall hold a current certificate of authority as acceptable surety on federai bonds in accordance with the United States Department of Treasury Circular 570, current Revisions. 1.2S.3 The City will accept a surety bond from a company with a rating B+ or better. 1.25.4 Failure of the successful Proposers to execute and deliver the Agreement and deliver the required bonds and Insurance Certificates shall be cause for the City to annul the Notice of Award and declare the Bid and any security therefore forfeited. 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 resuits of all such data with the requirements of the Contract Documents. 1.27 COMMENCEMENT OF CONTRACT TIME 1.28 1.29 The Contract Time will commence to run on the date stated in the Notice to Proceed. 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. BEFORE STARTING CONTRACT Before undertaking each part of the Work, Contractor shall carefuily 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 confiict, error, or discrepancy in the Specifications. 1.30 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. PAGE 8 OF 24 BID No. 11-01-01 1.31 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 compiementary; what is cailed for by one is as binding as if called for by aiL If Contractor finds a confiict, 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 Work affected thereby. The various Contract Documents shall be given precedence in case of conflict, error or discrepancy, as foilows: Change Orders, Supplemental General Conditions, Agreement Modifications, Addenda, Special Conditions, Instructions to Proposers, Generai 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. 1.32 CONTRACTOR'S LIABILIlY 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 in section 2.0 paragraph 2.8 1.33 CONTRACTOR'S RESPONSI8ILITY The Contractor shall have the foliowing responsibilities: 1.33.1 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. 1.33.2 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. 1.34 1.35 1.36 1.33.3 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. 1.33.4 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. 1.33.5 All Work performed for the Contractor by a Sub- Contractor shall be pursuant to an appropriate agreement between the Contractor and the Sub- Contractor. 1.33.6 The Contractor shall be responsible for the coordination of the trades, Sub-Contractors and material and men engaged upon their Work: 1.33.6.1 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. 1.33.6.2 The City will not undertake to settle any differences between the Contractor and their Sub-Contractors or between Sub- Contractors. 1.33.6.3 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. 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. 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. DUTY TO DEFEND. INDEMNIFY AND SAVE HARMLESS In consideration of the separate sum of twenty-five dollars ($25.00) and other valuable consideration, the Contractor shall defend, 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 Work described in the Contract Documents, or by or in consequence of any negligence in connection with the same; or by use of any improper materials or by or on account of any act or omission of the said Contractor or his Sub-Contractor, agents, servants or employees. The Contractor will defend, indemnify and hold harmless the City and their agents or employees from and against all claims, damages, losses and expenses including attorneys' fees arising out of or resulting from the performance of the Work, provided that any such claim damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than Work itself) including the loss of use resulting wherefrom and (b) is PAGE 9 OF 24 BID No. 11-01-01 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, defend and hold harmless the City, their officers and employees, to the fullest extent authorized by Sec. 725.06 (2) F.5., which statutory provisions shall be deemed to be incorporated herein by reference as if fully set forth herein. In the event that any action or proceeding is brought against City by reason of any such claim or demand, Contractor, upon written notice from City shall defend such action or proceeding by counsel satisfactory to City. The indemnification provided above shall obligate 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 Work be performed by Contractor, its Sub-Contractors, or by anyone directly or indirectly employed by either. 1.37 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. 1.38 DECISIONS ON DISAGREEMENTS The City will be the initial interpreter of the Technical Specifications. 1.39 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. 1.39.1 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. 1.39.2 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. 1.39.3 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. 1.39.4 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. 1.40 SUSPENSION OF WORK AND TERMINATION 1.41 1.42 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. 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 fails to supply sufficient skilled workmen or suitable materials or equipment, or if they repeatedly fail to make prompt payments to Sub-Contractors or for labor, materials or equipment or they disregard laws, ordinances, rules, regulations or orders of any public body having jurisdiction, or if they disregard the authority of the City, of if they otherwise violate any provision of, the Contract Documents, then the City may, without prejudice to any other right or remedy and after giving the 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, toois, 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 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. 1.41.1 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. 1.41.2 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. MISCELLANEOUS Proposers acknowledge the following miscellaneous conditions: 1.42.1 Whenever any provision of the Contract Documents requires the giving of written notice it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to them who gives the notice. 1.42.2 The Contract Oocuments 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. 1.42.3 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 PAGE 10 OF 24 BID No. 11-01-01 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. 1.42.4 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 injury or damage. 1.43 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 there under. 1.43.1 GOVERNING LAW The Contract shall be construed in accordance with and governed by the law of the State of Florida. 1.43.2 VENUE Venue of any action to enforce the Contract Documents shall be in Miami-Dade County, Florida. 1.43.3 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. 1.44 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. 14S SEVERABILITY If any provision of the Contract or the application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of the Contract, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 1.46 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 END OF SECTION PAGE 11 OF 24 BID No. 11-01-01 procedures, applicable to services rendered under the Contract shall be those of the Contractor. Section 2 Special Terms and Conditions 2.1 PURPOSE OF BID: The purpose of this solicitation is to establish a contract for the purchase of professionally serviced rental floor mats in conjunction with the City's needs on an as needed when needed basis. 2.2 PRE-BID CONFERENCE (NON-MANDATORY): Intentionally Omitted 2.3 TERM This contract will commence on the first calendar day of the month succeeding approval of the contract by the City Commission, or designee, unless otherwise stipulated in the Notice of Award letter, which is distributed by the City's Purchasing Department; and contingent upon the completion and submittal of all required bid documents. This contract shall remain in effect for one (1) year; provided that the services rendered by the Bidder during the contract period are satisfactory and that City funding is available as appropriated on an annual basis and upon completion of the expressed and/or implied warranty period. The price offered by the Bidder in its Bid Proposal shall be based on service for the first year. 2.4 OPTIONS TO RENEW Prior to, or upon completion, of that initial term, the City shall have the option at its sole discretion to renew this contract for an additional four (4) one year renewals. 2.5 METHOD OF AWARD The contract will be awarded to the lowest responsible and responsive bidder whose bid best serves the interest of and represents the best value to the City in conformity with section 62-8 of the City code. 2.6 PRICE If the bidder is awarded a contract under this solicitation, the prices proposed by the proposer shall remain fixed and firm during the term of contract. 2.7 PERFORMANCE BOND Intentionally Omitted 2.8 DELIVERY Intentionally Omitted 2.9 INSURANCE Comprehensive General Liability with minimum limits of One Million Dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. PAGE 12 OF 24 BID No. 11-01-01 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: o Owned Vehicles; o Hired and Non-Owned Vehicles; o Employers' Non-Ownership. Before starting the Work, the vendor will file and make sure that all certificates of insurance required by this document and by the Contract are in the City's possession. These certificates shall contain a provision that the coverage afforded under the policies will not be canceled or materially changed until at least thirty (30) days prior written notice has been given to the City Manger or his designee by certified mail. The City shall be named as an additional insured on the above-referenced policies. The vendor agrees that if any part of the Work under the Contract is sublet, they will require the Sub-vendor(s) to carry insurance as required, and that they will require the Sub- vendor(s) to furnish to them insurance certificates similar to those required by the City in this section. 2.9.1 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. 2.10 MONTHLY INVOICES PAYMENTS Cut-off date is the close of the last business day of the month. Vendor shall submit by the 10th day of the following month vendor's completed Statement of Services/Invoice. Should the 10th fall on a weekend or holiday, Contractor shall submit his application on the next workday. Vendor is advised that processing of invoices must follow this schedule, as the City has funding requirements and other payment obligations which may prevent payment of late Statement of Services for that month's billing cycle. A late Statement of Services with a recommendation for payment will be paid in the next month's billing cycle. 2.11 ACCEPTANCE OF PRODUCT BY THE CITY The product(s) to be provided hereunder shall be delivered to the City, and maintained if applicable to the contract, in full compliance with the specifications and requirements set forth in this contract. If a vendor-provided product is determined to not meet the specifications and requirements of this contract, either prior to acceptance or upon initial inspection, the item will be returned, at vendor expense, to the vendor. At the City's own option, the vendor shall either provide a direct replacement for the item, or provide a full credit for the returned item. The vendor shall not assess any additional charge(s) for any conforming action taken by the City under this clause. PAGE 13 OF 24 BID No. 11-01-01 2.12 ADDITIONAL FACILITIES MAY BE ADDED Although this solicitation and resultant contract identifies specific facilities to be serviced, it is hereby agreed and understood that any City department or agency facility may be added to this contract at the option of the City. When required by the pricing structure of the contract, vendor(s) under this contract shall be invited to submit price quotes for these additional facilities. If these quotes are determined to be fair and reasonable, then the additional work will be awarded to the current contract vendor(s) that offers the lowest acceptable pricing. If this contract has a single incumbent vendor, the additional site(s) shall be added to this contract by formal modification of the award sheet. If there are multiple incumbent vendors under this contract, and the additional effort is to be assigned to only one of these vendors, a separate release order will be issued. The City may determine to obtain price quotes for the additional facilities from other vendors in the event that fair and reasonable pricing is not obtained from the current contract vendors, or for other reasons at the City's discretion. 2.13 DEFICIENCIES IN WORK TO BE CORRECTED BY THE VENDOR The vendor shall promptly correct all apparent and latent deficiencies and/or defects in work, and/or any work that fails to conform to the contract documents regardless of project completion status. All corrections shall be made within 1 calendar day after such rejected defects, deficiencies, and/or non-conformances are verbally reported to the vendor by the City's project administrator, who may confirm all such verbal reports in writing. The vendor shall bear all costs of correcting such rejected work. If the vendor fails to correct the work within the period specified, the City may, at its discretion, notify the vendor, in writing, that the vendor is subject to contractual default provisions if the corrections are not completed to the satisfaction of the City within 1 calendar day of receipt of the notice. If the vendor fails to correct the work within the period specified in the notice, the City shall place the vendor in default. 2.14 DELETION OF FACILITIES Although this solicitation identifies specific facilities to be serviced, it is hereby agreed and understood that any City department or agency may delete service for any facility(ies) when such service is no longer required during the contract period; upon Seven (7) calendar days written notice to the vendor. END OF SECTION PAGE 14 OF 24 BID No. 11-01-01 Section 3 Scope of Services I Technical Specifications 3.1 SCOPE OF SERVICES The bidder shall have the complete responsibility for providing all labor and materials for delivery, placement, removal, pick-up, and cleaning services at all buildings. The City will not be responsible for rolling up mats in preparation for pick-up. The bidder shall have complete responsibility for properly cleaning and maintaining mats to the level desired by the City. Tears, rips, stains, frays, or other unsightly characteristics will not be acceptable. If mats become worn they shall be replaced with new or like new mats at no cost to the City. 3.2 LOCATIONS Currently the City has two locations being serviced; . City Hall 18070 Collins Avenue Sunny Isles Beach, FL 33160 . Pelican Community Park 18115 North Bay Road Sunny Isles Beach, FL 33160 3.3 FREOUENCY OF DELIVERIES On a weekly basis, the bidder shall carefully pick up dirty mats and replace them with fresh, clean ones. The bidder shall take care of cleaning and replacements. The City shall not maintain an inventory of mats. 3.4 COLORS The bidder shall have a variety of standard colors for the City to choose from.\ 3.5 MAT SIZES TYPE OF MAT MAT QTY SIZE SCRAPER MAT 3' x 5' 1 CITY LOGO MAT 5' X 8' 2 BLACK MAT 3' x 10' 1 CITY LOGO POLICE MAT 3' X 5' 2 BLUE MAT 3' X 5' 2 CITY LOGO POLICE MAT 4' X 6' 4 BLUE MAT 4' x 6' 8 SCRAPER MAT 3'x5' 4 CITY LOGO Gov CENTER GREY 3' X 5' 4 CITY LOGO MAT 4' X 6' 2 CITY LOGO Gov CENTER BLACK 3' x 5' 2 3.6 SAMPLES PAGE 15 OF 24 BID No. 11-01-01 Prior to award the bidder may be required to provide a sample of the mats for approval prior to award 3.7 FEES The price quoted shall be the final price. No additional fees shall be added to the invoice 3.8 PHOTOS OF MATS Below are examples of a few mats the City currently uses. ~ -I PAGE 16 OF 24 BID No. 11-01-01 .... PAGE 17 OF 24 BID No. 11-01-01 END OF SECTON PAGE 18 OF 24 BID No. 11-01-01 DELIVER TO: City of Sunny Isles Beach City Clerk 18070 Collins Avenue Sunny Isles Beach, FL 33160 INVITATION TO BID SECTION 4 BID SUBMITTAL FORMS OPENING: 10:00 A.M. 09/22/2011 PLEASE QUOTE PRICES F.O.B. DESTINATION, LESS TAXES, DELIVERED IN CITY OF SUNNY ISLES BEACH, FLORIDA NOTE: City of Sunny Isles Beach is exempt from all taxes (Federal, State, and Local). Bid price should be less all taxes. Tax Exemption Certificate furnished upon request. Issued by: Purchasing Agent Date Issued: 08/31/2011 This Bid Submittal Consists of Pages 19 through 23 Sealed bids are subject to the Terms and Conditions of this Invitation to Bid and the accompanying Bid Submittal. Such other contract provisions, specifications, drawings or other data as are attached or incorporated by reference in the Bid Submittal, will be received at the office of the City Clerk at the address shown above until the above stated time and date, and at that time, publicly opened for furnishing the supplies or services described in the accompanying Bid Submittal Requirement. ITB 11-08-03 Professionally Serviced Floor Mat Rentals A Bid Deposit in the amount of 0% of the total amount of the bid shall accompany all bids A Performance Bond in the amount of 0% of the total amount of the bid will be required upon execution of the contract by the successful bidder and City of Sunny Isles Beach Procurement AQent: Marcanthony Tulloch Firm Name: Commodity CodeCs): RETURN ONE ORIGINAL AND FOUR COPIES OF BID SUBMITTAL PAGES AND AFFIDAVITS FAILURE TO SIGN PAGE 23 OF SECTION 4 BID SUBMITTAL WILL RENDER YOUR BID NON- RESPONSIVE PAGE 19 OF 24 BID No. 11-01-01 BID FORM Item DescriDtion Mat Counts Weekly Annual Extended No. Unit Price MultiDlier Price 1 SCRAPER MAT 3'x 5' 1 $ 52 $ 2 CITY LOGO MAT 5'x8' 2 $ 52 $ 3 BLACK MAT 3'x 10' 1 $ 52 $ 4 CITY LOGO POUCE MAT 3'x 5' 2 $ 52 $ 5 BLUE MAT 3'x 5' 2 $ 52 $ 6 CITY LOGO POUCE MAT 4'x6' 4 $ 52 $ 7 BLUE MAT 4'x6' 8 $ 52 $ 8 SCRAPER MAT 3'x 5' 4 $ 52 $ 9 CITY LOGO Gov CENTER 3'x 5' 4 $ 52 $ GREY 10 CITY LOGO MAT 4'x 6' 2 $ 52 $ 11 CITY LOGO Gov CENTER 3'x 5' 2 $ 52 $ BLACK Grand Total Items 1-11: $ *The estimated annual quantity listed is based on a weekly schedule of pick-ups. If the schedule is changed to a bi-weekly or monthly the weekly unit price will be multiplied accordingly. PAGE 20 OF 24 BID No. 11-01-01 SECTION 4 BID SUBMITTAL FOR: ACKNOWLEDGEMENT OF ADDENDA INSTRUCTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES PART I: LIST BELOW ARE THE DATES OF ISSUE FOR EACH ADDENDUM RECEIVED IN CONNECTION WITH THIS BID Addendum #1, Dated Addendum #2, Dated Addendum #3, Dated Addendum #4, Dated Addendum #5, Dated Addendum #6, Dated Addendum #7, Dated Addendum #8, Dated PART II: o NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID FIRM NAME: AUTHORIZED SIGNATURE: DATE: TITLE OF OFFICER: PAGE 21 OF 24 BID No. 11-01-01 BID SUBMITTAL FORM Bid Title: Professionally Serviced Floor Mat Rentals The undersigned Proposers 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. The Proposers accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Proposers, 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 Proposers 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. In submitting this Bid, the Proposer represents, as more fully set forth in the Agreement, that: · The Proposer has familiarized himself/herself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Law and Regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. · The Proposer 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 Proposer. · 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 Proposer has not directly or indirectly induced or solicited any other Proposers to submit a false or sham Bid; the Proposer has not solicited or induced any person, firm or corporation to refrain from Bidding; and Proposer has not sought by collusion to obtain for itself any advantage over any other Proposers or over the City. The Proposer 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 Proposer will establish completion times for each individual Work Item and the successful Proposer 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. PAGE 22 OF 24 BID No. FIRM NAME: Street Address: Mailing Address (if different): Telephone No. Fax No. Email Address: FEIN No. -.J _ - -.J ---1---1---1-.J ---1_ * "By SIGNING THIS DOCUMENT THE BIDDER AGREES TO ALL TERMS SIGNATURE: (SIGNATURE OF AUTHORIZED AGENT) PRINT NAME: TITLE: THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF PROPOSER TO BE BOUND BY THE TERMS OF ITS PROPOSAL. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED ABOVE BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE PROPOSAL NON-RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY PROPOSAL THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE PROPOSER TO THE TERMS OF ITS OFFER. PAGE 23 OF 24 BID No. AFF .... ~l 1I'"l"TS PAGE 24 OF 24 BID No. NON-COLLUSION AFFIDAVIT City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach. FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 STATE OF FLORIDA COUNTY OF The undersigned being first duly sworn as provided by law, deposes, and says: 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. 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) of which he is (Sole Owner, Partner, President, etc.) Neither the undersigned nor any person, firm, or corporation named in above Paragraph 10.2, 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. This Bid is genuine and not collusive or a sham; the person, firm or corporation named above in Paragraph 10.2 has not colluded, conspired, connived or agreed directly or indirectly with any proposers 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 Bid or Bids of any other proposers; and all statements contained in the Bid or Bids described above true; and further; neither the undersigned, nor the person, firm or corporation named above in Paragraph 10.2, has directly or indirectly submitted said Bid 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 or Produced Identification Type of identification (Affix seal here) NOTARY PUBLIC (name printed or typed) DECEMBER 28, 2010 1 of 7 PUBLIC ENTITY CRIMES City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach. FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a) FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES 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, 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 Category Two of Sec. 287.017, FS for thirty six months from the date of being placed on the convicted vendor list". 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 by [pnntlndlvldual s name and title] for [pnnt name of enlity submltllng 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 2 of? DECEMBER 28. 2010 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, 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 10/1998 3 of? EQUAL OPPORTUNITY / AFFIRMATIVE ACTION OF SUf'l City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 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: DECEMBER 28, 2010 4 of? CONFLICT OF INTEREST City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 CONFLICT OF INTEREST STATEMENT The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State Statutes. Proposers 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 its agencies. STATE OF FLORIDA COUNTY OF BEFORE ME, the undersigned authority, personally appeared deposes, and states: , who was duly sworn, with a local office in of and principal office in 18.1. am the 18.2. The above named entity is submitting a Bid for the City of Sunny Isles Beach, Bid No. described as: Landscape Maintenance Services. The Affiant has made diligent inquiry and provides the information contained in this Affidavit based upon his own knowledge. 18.3 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. 18.4 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. 18.5 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. 18.6 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. 18.7 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. 18.81 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. 18.9 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 ,2010. 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 ,2010. NOTARY PUBLIC STATE OF FLORIDA DECEMBER 28, 2010 5 of 7 DISPUTE DISCLOSURE City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 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. 19.1. Has your 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 19.2. 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 19.3. 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 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. Firm Date Authorized Signature Print or Type Name and Title DECEMBER 28, 2010 60f7 ANTI-KICKBACK City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 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: Title: The foregoing instrument was acknowledged before me this day of , 20_, by [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 DECEMBER 28, 2010 7 of 7