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HomeMy WebLinkAboutBack-Up DocumentsDocuSign Envelope ID: F=91375-61 DF-4B8D-A552-FOBODC16913613 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Arthur Noriega V DATE: November 23, 2021 City Manager SUBJECT: Recommendation of Award for Playground Equipment Installation and Repair Services, Citywide Annie Perez, CPPO REFERENCES: Invitation for Bid ("IFB") Director/Chief Procurement Officer No. 1270388 Department of Procurement ENCLOSURES: Bid Tabulation RECOMMENDATION: Based on the findings below, the Department of Procurement ("Procurement") hereby recommends award of Invitation for Bid, ("IFB") No. 1270388 to the following responsive and responsible Bidders, on a Primary, and Secondary basis as follows: Primary, Leadex Corporation ("Leadex") and Secondary, Industrial Shadeports, Inc., ("Industrial Shadeport"), for the provision of playground equipment installation and repair services, on an as needed basis, Citywide. The awarded vendors, contract terms, and amounts are shown below. IFB No./Title: IFB No. 1270388, Playground Equipment Installation and Repair Services, Citywide. Contract Amount: $100,000 Annually (Approximately $600,000 in the aggregate). Contract Term: Initial term for a period of three (3) years, with the option to renew for one (1) additional three (3) year period. Recommended Vendor: Leadex Corporation (Primary), and Industrial Shadeports, Inc., (Secondary). BACKGROUND: On August 17, 2021, Procurement issued IFB No. 1270388, Playground Equipment Installation and Repair Services, on an as needed basis, Citywide, under full and open competition. On September 17, 2021, at bid closing two (2) bids were received. The bids were evaluated and tabulated following the guidelines published in the bid. Both Bids met the minimum requirements of the IFB and were deemed responsive and responsible. Consequently, approval of this recommendation to award is requested. Your signature below will indicate approval of this recommendation. 1)... SigrtCtl by; November 30, 2021 1 16:20:15 EST Approved: Date: Arthur Noriega V, City Manager c: Fernando Casamayor, Assistant City Manager, Chief Financial Officer Natasha Colebrook -Williams, Assistant City Manager, Chief of Operations Barbara Hernandez, Director, Parks and Recreation Department Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director, Department of Procurement PR22008 TABULATION OF BIDS IFB 1270388, Playground Equipment Installation and Repair Services, Citywide Leadex Corporation Industrial Shadeports, Inc. (Primary) (Secondary) Est. Extended Extended Item Description Qty UOM Unit Price Amount Unit Price Amount Repair, Removal, and Replacement, 1 Inclusive of Installation, and Regular Labor Cost per Hour 1 Hour $36.80 $36.80 $135.00 $135.00 Total $36.80 $135.00 Prepared by: Teresa Soto, November, 2021 Approved by: Department Director/Designee Detail by Entity Name Page 1 of 2 Florida Department of State Jrvt;lr�, �j r� rg C D �L;jD.' "jrlD1 f m official 31we of Fluririri websile Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Profit Corporation LEADEX CORPORATION Filing Information Document Number FEI/EIN Number Date Filed State Status Principal Address 1581 N W 88 AVE DORAL, FL 33172 Changed: 01 /30/2017 Mailing Address 6535 S W 49 ST MIAMI, FL 33155 L49086 65-0170950 02/06/1990 FL ACTIVE Changed: 04/28/2012 Registered Agent Name & Address FONSECA, FRANKJ. 6535 S W 49 ST MIAMI, FL 33155 Address Changed: 02/18/2009 Officer/Director Detail Name & Address Title DPS FONSECA, FRANKJ. 6535 SW 49TH ST MIAMI, FL 33155 Annual Reports Report Year Filed Date 2019 04/01 /2019 2020 01 /21 /2020 2021 02/01 /2021 DIVISION OF CORPORATIONS https:Hsearch. sunbiz. org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Ent... 10/ 18/2021 Detail by Entity Name Page 2 of 2 Document Images 02/01/2021 --ANNUAL REPORT View image in PDF format 01/21/2020 -- ANNUAL REPORT View image in PDF format 04/01/2019 -- ANNUAL REPORT View image in PDF format 02/19/2018 -- ANNUAL REPORT View image in PDF format 01/30/2017 --ANNUAL REPORT View image in PDF format 01/24/2016 -- ANNUAL REPORT View image in PDF format 03/17/2015 -- ANNUAL REPORT View image in PDF format 04/12/2014 -- ANNUAL REPORT View image in PDF format 04/13/2013 -- ANNUAL REPORT View image in PDF format 04/28/2012 -- ANNUAL REPORT View image in PDF format 02/16/2011 --ANNUAL REPORT View image in PDF format 01/05/2010 -- ANNUAL REPORT View image in PDF format 07/16/2009 -- ADDRESS CHANGE View image in PDF format 02/18/2009 -- ANNUAL REPORT I View image in PDF format 03/11/2008 -- ANNUAL REPORT I View image in PDF format 02/13/2007 -- ANNUAL REPORT I View image in PDF format 02/03/2006 -- ANNUAL REPORT I View image in PDF format 02/25/2005 -- ANNUAL REPORT View image in PDF format 06/10/2004 -- ANNUAL REPORT View image in PDF format 01/30/2003 -- ANNUAL REPORT View image in PDF format 03/22/2002 -- ANNUAL REPORT View image in PDF format 01/25/2001 --ANNUAL REPORT View image in PDF format 03/20/2000 -- ANNUAL REPORT View image in PDF format 03/11/1999 -- ANNUAL REPORT View image in PDF format 02/18/1998 -- ANNUAL REPORT View image in PDF format 02/10/1997 -- ANNUAL REPORT View image in PDF format 04/25/1996 -- ANNUAL REPORT View image in PDF format 02/14/1995 -- ANNUAL REPORT View image in PDF format Florida Department of State, Division of Corporations https:Hsearch. sunbiz. org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Ent... 10/ 18/2021 Certification Statement Please quote on this form., if applicable, net prices for the item(s) listed. Return signed original and retain a copy for your files. Prices should include all costs, including transportation to destination. The City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a minimum of 180 days following the time set for closing of the submissions. In the event of errors in extension of totals, the unit prices shall govern in determining the quoted prices We (1) certify that we have read your solicitation, completed the necessary documents, and propose to furnish and deliver, F.O.B. DESTINATION, the items or services specified herein. The undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations or debarred or suspended as set in section 18- 107 or Ordinance No. 12271. All exceptions to this submission have been documented in the section below (refer to paragraph and section). EXCEPTIONS: A)04- We (1) certify that any and all information contained in this submission is true; and we (1) further certify that this submission is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and conditions of this solicitation and certify that I am authorized to sign this submission for the submitter. Please print the following and sign your name: PROPOSER NAME: LEADEX CORPORATION ADDRESS: 1581 N W 88 AVE, DORAL, FL 33172 PHONE: 305-266-2028 FAX: EMAIL: frank@leadexcorp.com SIGNED BY: Frank J Fonseca., P. E. TITLE: president 305-264-5350 CELL(Optional): 305-345-74741305-301-9627 IA -- DATE: 09/ 17121 FAILURE TO COMPLETE SIGN AND RETURN THIS FORM SHALL DISQUALIFY THIS RESPONSE. Certifications Legal Name of Firm: LEADER CORPORATION Entity Type: Partnership, Sole Proprietorship, Corporation, etc. CORPORATION Year Established: 1990 Office Location: City of Miami, Miami -Dade County, or Other MIAMI DADE COUNTY, DORM. Business Tax ReceiptlOccupational License Number: 2224731 Business Tax Receipt/Occupational License Issuing Agency: MIAMI DADE COUNTY STATE OF FLORIDA Business Tax Receipt/Occupational License Expiration Date: 09/30/2022 Federal Employee Identification Number ("FEIN"): 65-0170950 Will Subcontractor(s) be used? (Yes or No) NO If subcontractor(s) will be utilized, provide their name, address, and the portion of the work they will be responsible for under this contract (a copy of their license(s) must be submitted with your bid response): N/A Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (i.e., Addendum No. 1, 01/01/21). If no addendum/addenda was/were issued, please insert N/A. Addendum 1-09/2/2021 Addendum #2 09/08/2021 If Bidder has a Local Office, as defined under Chapter 18/Article III, Section 18-73 of the City Code, has Bidder filled out, notarized, and included with its bid response the "City of Miami Local Office Certification" form? YES, OR NO? (The City of Miami Local Office Certification form is located in the Oracle Sourcing system ("iSupplier"), under the Header/Notes and Attachments Section of this solicitation) WIN no Does Bidder have any pending lawsuits with or against the City of Miami, any of its agencies and/or instrumentalities? (Yes or No) if Yes, please list. no Does Bidder have any record of criminal activities? (Yes or No) If Yes, please list. no Has Bidder declared bankruptcy within the past seven (7) years? (Yes or No) If Yes, when? no Does Bidder have any prior or pending litigation, either civil or criminal, involving a governmental agency, or which may affect the performance of the services to be rendered herein, in which the }bidder, any of their employees, or subcontractors is or has been involved in within the last five (5) years? (Yes or No) If Yes, please list. no Please list the manufacturers the Bidder is an authorized dealer/installer. BCI Burke, Gametime, Greenfield a 2 Invitation for Bid (IFB) 1270388 IMPORTANT NOTICE TO BIDDERS: • PLEASE REFER TO ATTACHMENT B - BID PRICE SHEET FOR THE LINE ITEMS OF THIS IFB IN THE DOCUMENT SECTION. • FAILURE TO COMPLETE. SIGN. AND UPLOAD THE CERTIFICATION STATEMENT AND CERTIFICATION SECTION WILL RENDER YOUR BID NON -RESPONSIVE. • ALL FILE UPLOADS SHALL BE IN PDF FORMAT, NO OTHER FILE FORMAT WILL BE ,ACCEPTED BY THE CITY. • ATTACHMENT FILES SHALL BE NO MORE THAN 250MB IN SIZE EACH, SHOULD THERE BE A NEED FOR A LARGER SIZE FILE TO BE UPLOADED, SPLIT IN MULTIPLE FILES. • FOR BIDSYNC RELATED TECHNICAL. DIFFICULTIES AND/OR ISSUES CONTACT BIDSYNC'S VENDOR SUPPORT LINE AT TOLL -FREE NUMBER, 800-990-9339, EMAIL_ SUPPORTCa BIDSYNC.COM, OR THE WEBSITE AT 5UPPORT.BIDSYNC.COM. Firm's credentials Leadex Corporation 1581 N W 88 Ave Doral, FI 33172 Leadex Corporation since our inception in 1990 has been most of the time performing installations, repairs of playgrounds and pour in place surfacing for Miami Dade County Parks, City of Miami, The School Board of Broward County, Miami Dade Public Schools, School Board of Polk County, St. Lucie School Board, Palm Beach School Board and private Schools. The principal who founded Leadex Corporation is Frank J. Fonseca, P. E. who serves as president -secretary. Nelson D. Fonseca, P. E. Project Manager, followed by a I of experienced faithful full time employees, some of them with us since we started the Company and experienced in playground installations and repairs as Pour in Place Surfacing (PIP) application. We are state Certified General Contractors, Certified Playground Safety Inspectors and Mechanical Contractors. We are certified by the Miami Dade County Public Schools and the School Board of Broward County. We also have vast experience in Parks, Schools and Housing projects, from driveways, parking areas, markings, signage, concrete and asphalt walkways, site grading, drainage culverts and control structures, design and erection of picnic shelters or similar structures, playgrounds and recreational and other buildings within Town of Davie, Broward County, Miami Dade County, Monroe County having completed over 500 installations from the ground up. Leadex Corporation owns the equipment required to get the job done! Skid steer loaders, excavators, dump truck, breaker hammers, concrete saws and fully equipped labor trucks are just the beginning. Add the employees with the proper experience and knowledge makes a perfect team. All our personnel are uniformed trained and with Jessica Lundsford badges. We are certified minority contractors with Miami Dade County, Miami Dade School Board, City of Miami and Broward County School Board. I LEAUEX CO"ORATION Certified General Contractor CGC010793 Certified Mechanical Contractor CMC008212 Certified Playground Safety Inspector 1581 N W 88 AVE., DORAL, FL 33172 PHONE: 305-266-2028 FAX: 305-264-5350 E-MAIL: frank(h1eadexcorp.com REFERENCES & JOB LISTS Playground Equipment repair and installation School Board of Broward Gustave Joseph Brincat Foreman DSPP,DSPR and DSPW Physical Plant Operations Vision Office # 754-321-4309 Cell # 954-778-6193 Custodial Grounds Department 3897 nwlOth Ave Oakland Park, FI.33309 Email is Jbrineat(a-�browardschool s.com City of Miami Tom Calautti, BS, MA, CPSI Senior Construction Coordinator City of Miami, Parks & Recreation Department 444 SW 2nd Avenue, S'h Floor, Miami, FL 33130 Phone: (305) 416-1253 Cell: (201) 424-8284 Email: tealauttiia miamiLlov.com City of South Miami Quentin Pough, CPRP, CPSI Acting Parks & Recreation Director City of South Miami 5800 SW 66th Street South Miami, FL 33143 Phone: (305) 668-3867 / Cell: (786) 200-3116 Email: gpout,:h(dsouthmiamifl.gov Miami -Dade County Community Action and Human Services Department Nelson Medina Facilities Supervisor 701 N.W 1st. court, 9-1196 Miami, Florida 33136 Phone, 786-469-4709 Fax; 786-469-4750 Cell; 786-521-1467 Email:\elson.Medina2(dniiai)iidade..,o,- LEADEX CORPORATION Certified General Contractor CGC010793 Certified Mechanical Contractor CMC008212 Certified Playground Safety Inspector 1581 N W 88 AVE., DORAL, F L 33172 PHONE: 305-266-2028 FAX: 305-264-5350 E-RIAIL- frank(a leadexeoup.com REFERENCES & JOB LISTS Playground Equipment repair and installation Miami -Dade County Parks, Recreation & Open Spaces Hong Yun I Landscape Architect 3 1 PLA, LEED AP, SITES AP, ASLA 275 N.W. 2d Street, Miami, Florida, 33128 Phone 305,755,7922 1 Fax 305.755.7995 Email, Hongbum.Yun@miamidade.gov PARTIAL LIST OF JOBS COMPLETED PLAYGROUND REPAIRS AND INSTALLATIONS FOR THE LAST THREE YEARS (2017 to DATE) MIAMI DADE COUNTY PARKS & RECREATION LOSNER PARK DEVELOPMENT NORMAN & JEAN REACH PARK GRATIGNY PLATEAU PARK ARVIDA PARK INSTALLATION LINCOLN PARK #1 MULTIPLE PARKS SURFACE ENHANCEMENTS COLONIAL DRIVE PARK SERENAL LAKES PARK ZOO MIAMI PIP SURFACE REPAIRS CHARLES BURR PARK BENCH & BIKE RACKS INSTALL SUGARWOOD PARK FITNESS COURT EDEN LAKES PARK RENOVATION MODELLO WAYSIDE PARK BENCH & BIKE INSTALLATION ZOO RENOVAATION PIP COMMUNITY ACTION & HUMAN SERVI CES OPHELIA E BROWN LAWSON HEAD START CENTER CITY OF MIAMI SHENANDOAH CLIMBER SIMPSON PARK DUARTE SIDEWALK JUAN PABLO STAIRS KENNETH MYER BAYSIDE CRESTWOOD PARK REPAIRS ROBERTO CLEMENTE GRAFFITTI CORAL GATE REPAIR GROVE HERITAGE PARK ARMBRISTER PARK TELESCOPE KIRK MUNROE PARK MORNINGSIDE PARK BRICK BRYAN PARK SEATS ARMBRISTER WAVE CLIMBER ROBERT KING HIGH VOLCANO CORAL GATE FITNESS BENCHES EATON DAY CARE MILLER DAWKINS PARK 5HENANDOAH PARK EPICENTER HENDERSON PARK CITY OF MIAMI-cont.. WILLIAMS PARK REMOVAL STEP DORSEY NIMBLE NET LEMON CITY PARK BELE MEADE PARK MORNINGSIDE CLIMBER MARGARET PACE DISC KENNETH MYERS FITNESS Coral Way Community Playground Repair MARGARET PACE PARK SPRING RIDER CHARLES HADLEY REPAIRS MISC DORSEY PARK LIMBER LADDER CORAL GATE PARK BLUE SLIDE CORAL GATE SWING CHA#NS BLANCHEPARK VIRRICK PARK REPAIRS MOORE PARK PLAYGROUND REPAIRS CORALGATE SLIDE 2 TO S SHENANDOAH PARK REPAIRS SHENANDOAH PLAYGROUND SCHOOL DISTRICT PALM BEACH COUNTY JUPITER FARMS CITRUS COVE ELEMENTARY BINKS FOREST ELEMENTARY DEL PRADO ELEMENTARY K-2 ROOSEVELT ELEMENTARY CARIVON CONSTRUCTION CO. GREYNOLDS ELEMENTARY GOBOND SCHOOL BOARD OF BROWARD COUNTY McNab ES COOPER CITY EL K-2 CITY OF SOUTH MIAMI PUBLIC WOR DANTE FASCELL REPAIR MCM CORPORATION WEST HOMESTEAD K-S CITY OF SOUTH MIAMI SOUTH MIAMI CITY PARKS PIP SOUTH MIAMI MULTIPLE PARKS PAGE 2 P LA . CORE Building communities through play - NOTICE TO ALL - dripDominica Recreation Products Leadex Corporation is a licensed and certified installer for GameTime and PlayCore Branded Products. Valid January 2021 through January 2023. The brands and products Leaden Corporation are certified to install include (but are not limited to) : GameTime GTFit GTlmpax PlayWorx UltraSite UltraPlay UltraShade UltraShelter Bark Park Signed and certified Gam►eTrm,�m ultra sito ', S. 1. E -- P.O. Box 520700 • Longwood, FL 32752-0700 800-432-0162 fax 407-331-4720 www.playdrp.com drpCaqametime.c©m Greenfields Outdoor Fitness PromoNllg Weth►ess d FJghting Obeslry One GQMMsM ty at a 77M& April 15, 2020 Re: Leadex Corporation - Authorized Installer To whomever it may concern, Leadex Corporation is a factory authorized vendor and certified installer for Greenfields Outdoor Fitness Equipment for the territory of south Florida, supporting all related supply and service of our products within the area of south Florida, including but not limited to Miami -Dade County, Broward County, Palm Beach County, FL. Leadex Corporation 1581NW88Ave Doral, Fl 33172 Certified General Contractors: CGC 010793 Tel: (305) 266-2028 Frank Fonseca PE: frankgleadexcorp.com Nelson Fonseca PE: nelsonC&Ieadexcorp.com This letter is valid until Dec 31, 2022 after which time an updated letter will be issued. Please feel free to contact me directly with any inquiries concerning this issue. Sincerely, Sam Mendelsohn President & CEO GRE'ENF/ELDS Outdoor Fitness Equipment Inc T:888-315-9037 E: sarn(ftreenfieldsfitness.com 2617 West Woodland Drive, Anaheim, CA 92707 T:888-315-9037 F:866-308-9719 info(d)greenfieldsfitness.com April 15, 2020 To Whom It May Concern: Please consider this letter verification that Leadex Corporation is authorized to sell playground equipment manufactured by BCI Burke Company, LLC in Fond du Lac, Wisconsin 54936, They are also authorized to offer installation products and services for this playground equipment. Please feel free to contact me with any questions you may have. Thank you, A4Us'�G _ Michael E. Phelan President / CEO BOBU12O.CONY Burke. 800.266.1250 0M 1 Ron DeSantis, Governor STATE OF FLORIDA Halsey Beshears, Secretary DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD THE GENERAL CONTRACTOR HEREIN IS CERTIFIED UNDER THE PROVISIONS OF CHAPTER 489, FLORIDA STATUTES FONSECA, FRANK. J LEADEX CORPORATION 1581 NW 88 AVE DORAL FL 38172 LICENSE NUMBER: C00010793--] EXPIRATION DATE: AUGUST 31, 2022 Always verify licenses online at MyFloridal-icense.com Do not alter this document in any form. This is your license. It is unlawful for anyone other than the licensee to use this document. Local Business Tax Receipt Miami —Dade County, State of Florida -THIS ISNOT RBILL - DO NOT PRY 2224731 ReeelP-r Np. LBT RENEWAL BUSINESS NAME/LOCATION 2339513 EXPIRES. LEADEx CORP SEPTEMBER 30, 2022 1581 NW 88TH AVE Must be displayed at place of business DORAL, FL 33172 0 ' � Pursuant to County Code Chapter BA - Art. 9 & 10 OWNER SEC, TYPE OF BUSINESS PAYMENT RECEIVEE) LEADER CORP 196 GENERAL BUILDING BY TAX COLLECTOR CONTRACTOR 60.00 07/30/2021 Warker(s) 15 CGCO10793 1NT-21-354623 This Local Business Tax Receipt only confirms payment of the Local Business Tax. The Receipt is not a license, permit, or a certification of the holder's qualifications, to do business. Holder must comply with any governmental or nongovernmental regulatory laws and requirements which apply to the business. The RECEIPT NO. above must he displayed on all commercial vehicles -Miami-Dade Code Sec 93-276. M� For more information, visit www.miamidade.govhaxcollector k p.ecreatiol"`I f1 cif' Associ Let it be known that NELSON FONSECA has met the requirements of the standards set forth by the National Certification Board and is hereby granted certification as a Certified Playground safety Inspector CHAIRPERSON rFr N RPA PRLS1DLNT AN D CE0 0 CPf Certified Playyground Safety Inspector ector January 30, 2019 DATE CERTIFIED 44303-0222 CERTIFICA1ION NUMBER February 01, 2022 EXPIRATION DATE. ATTACHMENT 12 — BIDDER EXPERIENCE Bidder must submit three (3) completed Vendor Reference Survey Form with ITB. Understand that each agency may be contacted to verify the validity of the partnership between the Bidder and the Agency/Client. Reference for: ITB-20-056-MJ Playground Equipment Bidder's Name: �i_eadex Corporation Agency (Client) Name: _City of South Miami Agency Contract: _RFP PR2018-25 Dollar Amount of Contract: 134,855.00 Brief description of product/services provided: Replace surfacing with PIP and repair playground equipment _as necessary Please rate your experience with the vendoribidder. Please use the following scale to answer the questions: Rating: 1 Poor 2 Good 3 Exceptional 4 Not Applicable 1. Rate the delivery accuracy of Vendor 2. Rate the packaging of the Vendor 'Y 3. Rate the Vendors' ability to meet delivery deadlines. 3 4. Rate competency and accessibility of the Vendor. 3 5. Rate the Vendor's success in dealing with problems/issues. 3 6. Rate the Vendor's knowledge of product provided. 3 7. Rate the success at warranty resolution. Z 8, Rate the accuracy and completeness of invoices and payment ap fications. 9. Rate the level of comfort and confidence you had in the Vendor. 3 10. Rate the overall performance of the Vendor. 11. Would you buy from them again in the future? Additional Comments: (,cam, /f wes,F 1,, 41 1,, s t'c•►de� rt rt-,.. t Evaluator Name. P,"51`7 Title: fQ'�s *- 16reeett ;recrtof (Please print — Person completing survey) / Evaluator Signatur >—-^L Date: ����9✓ (Person completing survey) Evaluator Phone,.(/ 3') 6�109-381�'7 Evaluator Email: Reference Verified By: f l 1bu O t Wli Date D� , (Please print) ��}}�h4 +�1 Mjfjj1t Revised July 2021 Page 40 ITB-20-056-MJ ATTACHMENT 12 — BIDDER EXPERIENCE Bidder must submit three (3) completed Vendor Reference Survey Form with ITB. Understand that each agency may be contacted to verify the validity of the partnership between the Bidder and the Agency/Client, Reference for: ITB-20-056-MJ Playground Equipment Bidder's Name: �Leadex Corporation Agency (Client) Name: Miami Dade County Parks and Opens Spaces Agency Contract: Serena Lakes Park Dollar Amount of Contract: $165,800,00 Brief description of product/services provided: —Demo existing playground. Install new playground _equipment, mulch, sidewalks , landscaping and pour in place surfacing Please rate your experience with the vendorlbidder. Please use the following scale to answer the questions: Rating: 1 Poor 2 Good 3 Exceptional 4 Not Applicable 1. Rate the delivery accuracy of Vendor , 2. Rate the packaging of the Vendor 3. Rate the Vendors' ability to meet delivery deadlines. 4. Rate competency and accessibility of the Vendor. 5. Rate the Vendor's success in dealing with problems/issues.-3 6. Rate the Vendor's knowledge of product pr vided. 13 7. Rate the success of warranty resolution. -3 8. Rate the accuracy and completeness of invoices and payment applications. 9. Rate the level of comfort and confidence you had in the Vendor. 10. Rate the overall performance of the Vendor. 11. Would you buy from [thZe a ain in the future? Additional Comments: . 4AI Evaluator Name:-Titler� - ` - . (Idea rint - �?r,. Person completing survey) Evaluator Signature: Date: (Person ample g survey) Evaluator Phone: aluator Email yr Reference Verified By: (Please print) Date; Revised July 2021 Page 40 ITB-20-056-MJ ATTACHMENT 12 — BIDDER EXPERIENCE Bidder must submit three (3) completed Vendor Reference Survey Form with ITB. Understand that each agency may be contacted to verify the validity of the partnership between the Bidder and the Agency/Client. Reference for. ITB-20-056-MJ Playground Equipment Bidder's Name: TLeadex Corporation Agency (Client) Name _Broward County Public Schools Agency Contract Dollar Amount of Contract McNab Elementary_ $169,624.69 Brief description of product/services provided; _Demo of 2 existing playgrounds. Design and install 2 new playgrounds and 1 shade structure. Install Pour in Place Surfacing Please rate your experience with the vendorlbidder. Please use the following scale to answer the questions: Rating: 1 Poor 2 Good 3 Exceptional 4 Not Applicable Z . Rate the delivery accuracy of Vendor 3 2. Rate the packaging of the Vendor �� 3. Rate the Vendors' ability to meet delivery deadlines. 4. Rate competency and accessibility of the Vendor. 5. Rate the Vendor's success in dealing with problems/issues. 6. Rate the Vendor's knowledge of product provided. 7. Rate the success at warranty resolution 8. Rate the accuracy and completeness of invoices and payment applications. 9. Rate the level of comfort and confidence you had in the Vendor. 10. Rate the overall performance of the Vendor. 1 1. Would you buy from them again in the future? --� 4,3 Additional Comments: Evaluator Name: G`—1 OU'A 0.11n-Q- fir" Title: 4 -C. KA, U uO Yy\ (Please rint — Person comple ing survey) rjC lP S- Evaluator 5ignatur . _ Date: erson co, rj feting su ey) Evaluator Phone°. (P ittc1 Evaluator Email: YY1C c '1 Cori -t.,'vO . }J Reference Verified By: (Please print) Date: Revised July 2021 Page 40 ITB-20-056-MJ Bid Price Sheet - IFS 1270388, Playground Equipment Installation and Repair Services CkyNride - line Items No Une Items Quantity Unit Cost Total Z Repair, Removal, and Replacement, inCiusive of installation, and Regular Labor Cost per Hour 1 Hour 38.60 $ 38.60 3 percentage of Mark-ups on Parts 1 Each 20 ti 20% Total '00"itiv of Aiami ANNIE PEREZ, CPPO ARTHUR NORIEGA V Procurement Director City Manager • �I r- ADDENDUM NO. 2 IFB 1270388 September 8, 2021 Invitation for Bid ("IFB") Playground Equipment Installation and Repair Services, Citywide TO: ALL PROSPECTIVE BIDDERS The following changes, additions, clarifications, and deletions amend the IFB documents of the above captioned IFB, and shall become an integral part of the Contract Documents. Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein, reflect same on the documents you have on hand. A. IFB closing date has been changed to Friday, September 17, 2021 at 3:00 P.M. B. Section 2.6, Bidder's Minimum Qualifications, has been deleted in its entirety and is hereby replaced with the following language: Section 2.6, Bidder's Minimum Qualifications Bids will be considered only from firms that, at the time of bid submittal, are regularly engaged in the business of providing goods and services, for a minimum of three (3) consecutive years, as described herein. The Bidder shall: 1. Be authorized by the equipment manufacturer(s), to provide playground system installation, repair, maintenance, and inspection services. Please provide letter of authorization or written factory/manufacturer certification from each manufacturer with your bid submittal; 2. Have a minimum of three (3) consecutive years of experience in providing playground equipment installation, repair, maintenance, and inspection services to governmental, educational, municipal agencies, or commercial entities, with scope of service requirements that are similar to services requested by the City: 3. Have and submit a copy of the General Contractor's License as issued by the State of Florida Department of Business and Professional Regulation ("DBPR"); or a skills certification and/or license required to provide playground equipment installation, repair, maintenance services to governmental, educational, municipal agencies, or commercial entities, and be able to pull permits as required by the State of Florida, Miami -Dade County, and City of Miami; 4. Have and submit a copy of the Certified Playground Safety Inspection ("CPSI") certificate as issued by the National Recreation and ParK Association ("NRPA"), or employ personnel with a CPSI certificate, and submit with your bid submittal; IS 5. List three (3) references, for your firm for projects within the last three (3) consecutive years, in the Certification Statement, evidencing the minimum three (3) consecutive years' experience in the specified work herein; 6. Have sound financial conditions and sufficient support, equipment, and personnel to ensure that they can satisfactorily execute the services if awarded a Contract under the terms and conditions stated herein; and 7. Not have a member, officer, or stockholder that is in arrears or is in default of any debt or Contract involving the City, is a defaulter surety otherwise, upon an obligation to the City and/or has failed to perform faithfully on any previous Contract with the City. Notes: 1. Copies of licenses, all certifications, letters of authorization or written factory/manufacturer certification, and signed Certification Statement with references, for your firm shall be submitted with your bid submittal; and 2. Failure to submit the above licenses all certifications letters of authorization or written factory/manufacturer certification, and signed Certification Statement with references, for your firm with your bid submittal, shall render your bid non- responsive. C. Section 2.9, References, has been deleted in its entirety and is hereby replaced with the following language: Section 2.9, References Each bid must be accompanied by a list of three (3) references, in the Certification Statement, from governmental, educational, municipal agencies, or commercial entities, for which the Bidder has provided playground equipment installation, repair, maintenance, and inspection services to within the last three (3) consecutive years. NO BID WILL BE CONSIDERED WITHOUT THIS LIST. D. Section 2.21, Hourly Repair Rates and Markup, has been deleted in its entirety and is hereby replaced with the following language: Section 2.21, Hourly Repair Rates and Markup Non -Immediate Repairs When the Successful Bidder(s) has been notified of services needed, the Successful Bidder(s) shall arrive within twenty-four (24) hours from the first point of contact from the Project Manager or designee, If the Successful Bidder(s) fails to arrive within twenty-four (24) hours, the Successful Bidder(s) will be found to be in default. Pursuant to Section 2.44, Termination, the City reserves the right to terminate this Contract if the Successful Bidder(s) fails to respond to more than three (3) consecutive services calls. In the event that non -immediate repairs for services calls are expected to exceed $5,000 the Successful Bidder(s) shall only make the site secure and safe. The Successful Bidder(s) shall submit an estimate for repairs the same day services are requested, in order to obtain a Notice to Proceed for non -immediate repairs. Once Notice to Proceed has been issued by the City, the Successful Bidder(s) may begin permitting process, purchasing of materials and any site prep work needed. Immediate Repairs If playground repairs are required immediately, it will be communicated to the Successful Bidder(s) by the Project Manager or designee. The Successful Bidder(s) shall provide a call back to the Project Manager or designee within two (2) hours, otherwise the Successful Bidder(s) will be found to be in default. For immediate repairs, the Successful Bidder(s) is expected to arrive at the work site to fix or secure the problem within twelve (12) hours from the point of contact from the Project Manager or designee. Pursuant to Section 2.44, Termination, the City reserves the right to terminate this Contract if the Successful Bidder(s) fails to respond to more than three (3) consecutive service calls. The Successful Bidder(s) shall be allowed up to twelve (12) hours maximum for immediate repairs. if repair will exceed twelve (12) hours, the Successful Bidder(s) must obtain written authorization from the Project Manager or designee. If Successful Bidder(s) is found to be in default, they shall remove all equipment, tools, unused materials and construction debris within forty-eight (48) hours from being notified via default notice. The hourly rates quoted shall include full compensation for labor, equipment use, travel time, and any other related costs to the Successful Bidder(s). Regular Labor Rate — Hourly rate for straight time for removal, repair, and installation, from 8:00 AM — 5:00 PM, Monday — Friday. Markup rated for parts purchased will be for informational purposes and will not be evaluated. Legal Holidays New Year's Day Martin Luther King's Birthday President's Day Memorial Day Juneteenth (June 19) Fourth of ,July Labor Day Columbus Day Veterans' Day Thanksgiving Day Friday after Thanksgiving Day Christmas Day E. Section 3.1, Specifications/Scope of Work has been deleted in its entirety and is hereby replaced with the following language: Section 3.1, Specifications/Scope of Work There are approximately one hundred and forty-one (141) park facilities located within the City of Miami ("City"). This solicitation is designed to acquire services necessary to repair the City's playground equipment in a timely, efficient, and safe manner. The Successful Bidder(s) shall be required to provide, but not limited to, the following, necessary to furnish and install playground equipment, including repairs, on an as needed basis, for the Department of Parks and Recreation ("Parks"): 1. All labor; 2. Materials; 3. Tools; 4, Equipment; 5. Staging; 6. Permit fees; 7. Licenses; 8. Any and all necessary tests; 9. Bonds; 10. Signed and sealed shop drawings; 11. All professional services by a Florida licensed, Architectural/Engineering personnel; 12. Inspections; 13. Hoisting; 14. Hauling; 15. Shoring; 16. Taxes; 17. Heavy equipment; 18. Temporary fencing, safety barriers; 19. Tree protection services; 20, Temporary portable restroom (one (1) handicap, and one (1) standard as requested in writing by the end user department, on an as needed basis, the City will reimburse the Successful Bidder(s) the portable restroom(s) cost at the market cost); and 21. Supervision, required for the proper and complete performance of any work required under this Contract. Materials including but not limited to, grass, rubber tiles, mulch, and concrete shall be provided quoted by the Successful Bidder(s) and approved by the Project Manager or designee, prior to the purchase of said materials. All equipment related to these materials shall be furnished by the Successful Bidder(s) at the Successful Bidder(s)' expense. Additionally, the Successful Bidder(s) shall, at a minimum, but not limited to: 1. Perform work as needed and requested by Parks; 2. Visit the designated sites at the discretion of Parks, identify, and confirm necessary repairs, and furnish a quote for said repair prior to scheduling the work; 3. Provide and use only "new" repair parts or materials on any Parks' project. Factory "seconds", refurbished, defected, discontinued, and/or surplus aftermarket parts and supplies are not acceptable; 4. Repair any and all damages to poured in place ("PIP"), fencing, or surrounding area al Successful Bidder(s)' cost; 4 L'l1 5. Be responsible for permanent and all necessary protection of work site (i.e., barricades, caution tape, windscreens, etc.), including but not limited to existing/new equipment, appliances, and accessories. The site protection shall be removed only after passing final inspection by the Project Manager or designee. The Successful Bidder(s) will be solely responsible for protection of work at all times; 6. Include the construction and removal of any temporary access to site (if any); 7. Obtain written approval from Project Manager or designee prior to final payment release; 8. Obtain written approval from Project Manager or designee for any deviation, changes to the original design, including but not limited to parts and finishes. Submit change order request, or any other deviation request in writing to the Project Manager or designee, and obtain written approval; 9. Provide the City with a one (1) year labor, and a seven (7) year material standard Warranty Certificate prior to final payment; 10. Remove and dispose of all debris offsite. The Park facilities' dumpster shall not be used to dispose of any debris related to the project's work; 11. Leave site in "ready" for use conditions; 12. Upon request, the Successful Bidder(s) will be required to re -install or re -use existing Parks' parts and materials. Any additional repair parts or materials required to complete the project must comply with item #2 above; 13. Standard repair, installation, and/or inspection times shall be coordinated between the Successful Bidder(s) and the Project Manager or designee; 14. All work shall be performed on site unless by the nature of the required repairs, deems it necessary for the part to be repaired at the Successful Bidder(s)' facility. If any equipment is to be down for more than twelve (12) hours, the Successful Bidder(s) will provide and erect safety barriers around the affected area. The Project Manager or designee will be immediately informed about the shut -down and any additional repair costs must be approved prior to the start of the work; 15. The Successful Bidder(s) shall be in direct communication with the Project Manager or designee in the event of an emergency. Successful Bidder(s) is to provide the Project Manager or designee with all emergency contact numbers; 16. Temporary fencing/barricades shall be included for all jobs up to twelve (12) hours work shift. Temporary fencing beyond a twelve (12) hour shift must be approved in writing by the Project Manager or designee prior to the performance of any work or invoicing the same; 17. An obvious error or omission in specifications shall not be used to the benefit of the Successful Bidder(s0 but shall put the Successful Bidder(s) on notice to inquire of or identity the same from the Project Manager or designee; 18. The City reserves the right to purchase parts directly to complete any projects required under this Contract; 19. Provide all necessary warranties prior to receiving final payment; 20. Provide a detailed schedule no later than five (5) working days after the issuance of Purchase Order and adhere closely to agreed schedule; 21. Provide twenty-four (24) hours, seven (7) days a week emergency contact name and phone number for emergencies. Successful Bidder(s)' emergency contact shall be able to address and resolve site emergencies on behalf of the Successful Bidder(s); 22. Provide closeout documents in a 1/2" binder, and electronically, with all the project documents to include but not limited to, permitting documents/submittals, inspection records, proof of closed permits, Certificate of Completion, and project warranty. Provide all copies in duplicate; and 23. Provide "Before/In-Progress/After" digital images, labeled to contain project name, address, dates and cost, along with the closeout document. In accordance with Section 2.6, Bidder's Minimum Qualifications, Bidder(s)' shall submit with their bid submittal the following: 1. Letters of authorization or written factory/manufacturer certification from each manufacturer the Bidder(s) is an authorized dealer and installer; 2. Copy of the General Contractor's license, or a skills certification and/or license required to provide playground equipment installation, repair, maintenance services to governmental, educational, municipal agencies, or commercial entities; 3. Certified Playground Safety Inspector ("CPSI") certificate; 4. Signed Certification Statement, with three (3) references for your firm for projects within the last three (3) consecutive years, evidencing the minimum three (3) consecutive years' experience in the specified work herein. Failure to submit the above letters of authorization or written factory/manufacturer certifications, General Contractor's license or skills certification and/or license, CPSI certificate and signed Certification Statement with references, for your firm with your bid, shall render your bid non -responsive. *Note: Additional repairs outside the scope of work must be reported to the Project Manager or designee prior to the commencement of repair. No work shall be completed without the written approval of the Project Manager or designee. ** Note: Services performed for the City will require licenses and permits in the same manner as private construction projects within the City. The Successful Bidder(s) shall secure, at their expense, all licenses and permits and shall fully comply with all applicable laws, regulations and codes as required by the State of Florida, county, or local ordinances. The Successful Bidder(s) must fully comply with all federal and state laws, county and municipal ordinances, and regulations in any manner affecting the prosecution of the work. Any fines or penalties to the Successful Bidder(s) shall be paid at the Successful Bidder(s) expense. F. The following is the City's response to questions received from prospective Bidders: 01. Line Item No. 5 of Attachment B-Bid Price Sheet is not added to the total amount. Will this cost be included in the total bid price? Al. No, refer to Section C above. ALL OTHER TERMS AND CONDITIONS OF THE IFB REMAIN THE SAME. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE IFS AND SHALL BE MADE A PART THEREOF. Annie Perez, CPPO, Director of Procurement City of Miami Procurement Department AP:ts Barbara Hernandez, Director, Department of Parks and Recreation Pablo Velez, Senior Assistant City Attorney Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director of Procurement This Addendum shall be signed by an authorized representative and dated by the Bidder and submitted as proof of receipt with the submission of the Bid. NAME OF FIRM: LEADEX CORPORATION DATE: 09/17/21 SIGNATURE: �- 7 c-rutLI of 4ffhtmt ANWE PEREZ, CPPO Prot=jrement Director ADDENDUM NO. 1 IFB 1270388 ARTHUR NORIEGA V City Manager September 2, 2021 Invitation for Bid ("IFB"), Playground Equipment Installation and Repair Services, Citywide TO: ALL PROSPECTIVE BIDDERS: The following changes, additions, clarifications, and deletions amend the IFB documents of the above captioned IFB, and shall become an integral part of the Contract Documents. Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein, and reflect same on the documents you have on hand. IFB closing date has been changed to Tuesday, September 14, 2021 at 3:00 P.M. ALL OTHER TERMS AND CONDITIONS OF THE IFB REMAIN THE SAME. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE IFB AND SHALL BE MADE A PART THEREOF. Annie Perez, CPPO Director of Procurement/Chief Procurement Officer City of Miami Procurement Department AP:ts c. Barbara Hernandez, Director, Department of Parks and Recreation Pablo Velez, Senior Assistant City Attorney Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director of Procurement This Addendum shall be signed by an authorized representative and dated by the Bidder and submitted as proof of receipt with the submission of the Bid. LEADEX CORPORATION NAME OF FIRM: SIGNATURE: DATE: 09/17/21 N INSURANCE ADDENDUM INSURANCE DEFINITIONS, REQUIREMENTS AND CONDITIONS The VENDOR/CONTRACTOR / CONSULTANT (AS APPLICABLE) agrees to provide and maintain throughout the life of this contract and at Vendor/Contractor/ Consultant's expense insurance coverage outlined herewith as applicable insuring all operations related to the contract and any extensions thereof. Workers Compensation and Employers Liability Statutory requirements per Chapter 440, Florida Statutes, as amended, are applicable, and this coverage is subject to the Laws of the State of Florida, This coverage protects against lawsuits stemming from workplace accidents. It provides for medical care to injured employees, along with compensation for lost income. Commercial General Liability It protects against accidents and injuries that occur on company property or the property of a customer. It compensates an injured person or owner of property for injuries and property damages, and the cost of defending lawsuits, including legal settlements or investigations. This policy also covers claims resulting from products exposures, libel, slander, copyright infringement, and other personal and advertisement injuries. Commercial Automobile Liability It protects against liability, no fault, medical payments, uninsured and underinsured motorists claims, collision and other than collision physical damage. In addition, this policy affords coverage on autos that are hired or borrowed or non -owned for use in the business. The non -owned can be autos owned by employees or members of their households. Non -Owned Auto exposures can be endorsed or added under the Commercial General Liability Policy. Professional/Errors and Omissions Liability Used by many professionals such as engineers, lawyers, accountants, stock brokers, financial advisers, insurance agents, court reports, dentists, nurses and teachers. It protects against the financial effects of liability lawsuits filed by clients. It basically protects professionals who cause harm to a client due to incompetence, errors , or negligence. I NO Umbrella Liability It protects against liability and losses after primary insurance benefits have been exhausted. This supplemental coverage kicks in only after the underlined liability policies have paid their maximum benefits. Environmental Liability It protects against the financial costs of claims of injury or damage due to pollution, and other costs of cleaning up pollutants. These policies are designed to cover both property and liability risks. Directors and Officers Liability This coverage protects against claims from stockholders, employees and clients that are also aimed individually at directors and officers. These claims typically stem from errors in judgement, breaches of duty and wrongful acts in connection with company business. Cyber Liability It protects against costs of the theft, destruction or unauthorized use of electronic data through computer viruses or network intrusions. It also adds protection to a business against such costs if a business fails to safeguard another party's electronic data. Companies sharing data outside their internal network benefit from this coverage Commercial Property It protects against claims or damages to the insured's buildings, business personal property and personal property of others. It can also provide for loss of business income coverage or extra expenses incurred because of physical loss by a covered peril to the insured's property. Commercial Crime It protects against loss of money, securities and other property because of a variety of criminal acts such as employee theft or embezzlement, burglary, robbery, forgery, computer fraud, kidnapping and extortion. Crime insurance also covers money and securities against damage or destruction by almost any cause of loss, not just crime. Builders Risk It protects against damage to or destruction of buildings or other structures during their construction. Any party with a financial interest in a construction, remodeling, or repair project benefits from this coverage. Surety Bonds Surety bonds are three party contracts. The principal, the party that undertakes the obligation, pays for the issuance of a bond by a surety company. The bond provides capital to guarantee the obligation will be performed. The obligee is the party that receives the benefit of the bond If the obligation is improperly performed. If payment and performance bonds are required such bonds must be substantially in the form prescribed by Florida Statutes 255.05, as amended, and will be subject to the approval of the City of Miami Director of the Department of Risk Management. Valuable Papers It pays for the cost to reconstruct damaged or destroyed valuable papers and records. Typically is defined to include almost all forms of printed documents or records with the exception of money or securities, and data and media which is usually excluded. Additional Requirements The Vendor/Contractor must furnish the City of Miami, Department of Procurement, and Risk Management located at 444 S.W. 2"d Avenue Miami, Florida 33130, original Certificates of insurance to be in force on the date of this Contract, and Renewal Certificates of insurance thereafter. All policies indicated on the certificate must be in compliance with all Contract requirements. The failure of the City to obtain the applicable or corresponding certificates from Contractor is not a waiver by the City of any requirements for the Vendor/Contractor. The Vendor/Contractor must furnish Certificates insurance listing the City of Miami as an additional insured. All insurance certificates must be signed, dated and reference the City contract number. The insurance must provide for sixty (30) days prior written notice to be given to the City in the event coverage is substantially changed, canceled, or non -renewed. Any deductibles or self -insured retentions on referenced insurance coverages must be borne by Vendor/Contractor. The Vendor/Contractor further agrees to have insurers waive their rights of subrogation against the City of Miami, its employees, elected officials, agents, or representatives. The coverages and limits furnished by Vendor/Contractor in no way limit the Vendor/Contractor's liabilities and responsibilities specified within the Contract or law. Any insurance or self-insurance programs maintained by the City of Miami shall not contribute with insurance provided by the Vendor/Contractor under the Contract. R The required insurance to be carried is not limited by any limitations expressed in the indemnification language in this Contract or any limitation placed on the indemnity in this Contract given as a matter of I aw. If the Vendor/Contractor is a joint venture or limited liability company, the insurance policies must name the joint venture or Limited Liability Company and each of its separate constituent entities as named insureds. The Vendor/Contractor must require all subcontractors to provide the insurance required herein. All subcontractors are subject to the same insurance requirements of the Vendor/Contractor unless otherwise specified in this Contract. If the Vendor/Contractor or subcontractor desire additional coverages, the party desiring the additional coverages is responsible forthe acquisition and cost. Notwithstanding any provision in the Contractto the contrary, the City of Miami Risk Management Department maintains and reserves the right to modify, delete, alter or change these requirements. Note: The duty to carry and maintain insurance during the life of the contract will survive the cancellation or expiration, as applicable, under the Contract. ve� ATTACHMENT A CITY OF MIAMI LIVING IMAGE ORDINANCE ARTICLE X. - LIVING WAGE REQUIREMENTS FOR SERVICE CONTRACTS AND CITY EMPLOYEESM Footnotes: --- (9)— Note— Section 5 of (Ord. No. 12787 states that this article shall be effective October 1. 2006. Editor's note— Prior to the adoption of Ord. No. 12787, Ord. No. 12623. § 2, adopted December 9, 2004, repealed article X, ci visions 1----4, in its entirety, which pertained to the economic development financing authority and derived from Ord. No. 12062, § 3, adopted May 10, 2001. Sec. 18-556. - Definitions. City means the government of the City of Miami or any authorized agents, any board, agency, commission, department, or other entity thereof, or any successor thereto. Contract means any contract to provide services to the city in which the total value of the contract exceeds $100,000.00 per year. Contractor means any "for profit" individual, business entity, corporation, partnership, limited liability company, joint venture, or similar business entity which meets the following criteria: (1) The contractor is paid in whole or part from one or more of the city's general funds, capital project funds; special revenue funds, or any other funds, including, but not limited to, grants, donations, and the like, whether by competitive bid process, requests for proposals, or some other form of competitive solicitation, negotiation, or agreement, or any other decision to enter into a contract; and (2) The contractor is engaged in the business of or part of a contract to provide services for the benefit of the city. This section shall apply to employees of the contractor who spend the majority of their time on covered City of Miami service contracts. If the contract is for both goods and services it shall only apply to the services portion of such contract. This section shall not apply to contracts which are primarily for the sale or leasing of goods. Goods are defined in section 18-73 of the City Code. Covered employee means anyone employed by the city working more than 35 hours per week or any service contractor employee, working full or part-time, with or without benefits, that is involved in providing services under the service contractor's contract with the city. Covered employer means the city and any and all service contractors and subcontractors of a service contractor. Living wage means a wage that is as defined in section 18-557 of this Code. The living wage may be adjusted once annually by an amount equivalent to the cost of living adjustment for Miami -Dade County as published by the United States Department of Labor, Bureau of Labor Statistics. Language so stating will be included in all request for proposals, or other competitive solicitation documents, issued by the city for the procurement of services (unless the living wage provisions are excluded as provided in section 18-557 herein). New service contracts means those having contracts competitively solicited and awarded on or after January 1, 2017, Page 1 N OP * totter I�ir#� t� G' is �e G EC Fta� CITY OF MIAMI LOCAL OFFICE CERTIF ATION (City Code, Chapter 18, Article III, Section 18-73) Solicitation Type and Number: (i.e. IFQ/IFB/RFP/RFQ`/RFLI No. 123456) Solicitation Title: (Bidder/Proposer) hereby certifies compliance with the Local Office requirctnents stated under Chapter 18/Article III, Section 18-73, of the Code of the City of Miami, Florida, as amended. Local office means a business within the city which tneets all of the following criteria: (1) Has had a staffed and fixed office or distribution point, operating within a permanent structure with a verifiable street address that is located within the corporate limits of the city, for a minimum of twelve (12) months immediately preceding the date bids or proposals were received for the purchase or contract at issue; for purposes of this section, "staffed" shall mean verifiable, full-time, on -site employment at the local office for a minimum of forty (40) hours per calendar week, whether as a duly authorized employee, officer, principal or owner of the local business; a post office box shall not be sufficient to constitute a local office within the city; (2) If the business is located in the permanent structure pursuant to a lease, such lease must be in writing, for a term of no less than twelve (12) months, been in effect for no less than the twelve (12) months immediately preceding the date bids or proposals were received, and be available for review and approval by the chief procurement officer or its designee; for recently -executed leases that have been in effect for any period less than the twelve (12) months immediately preceding the date bids or proposals were received, a prior fully -executed lease within the corporate limits of the city that documents, in writing, continuous business residence within the corporate limits of the city for a term of no less than the twelve (12) months immediately preceding the date bids or proposals were received shall be acceptable to satisfy the requirements of this section, and shall be available for review and approval by the chief procurement officer or its designee; further requiring that historical, cleared rent checks or other rent payment documentation in writing that documents local office tenancy shall be available for review and approval by the chief procurement officer or its designee; (3) Has had, for a minimum of twelve (12) months immediately preceding the date bids or proposals were received for the purchase or contract at issue, a current business tax receipt issued by both the city and Miami - Dade County, if applicable; and (4) Has had, for a minimum of twelve (12) months immediately preceding the date bids or proposals were received for the purchase or contract at issue, any license or certificate of competency and certificate of use required by either the city or Miami -Dade County that authorizes the performance of said business operations; and (5) Has certified in writing its compliance with the foregoing at the time of submitting its bid or proposal to be eligible for consideration under this section; provided, however, that the burden of proof to provide all supporting documentation in support of this local office certification is borne by the business applicant submitting a bid or proposal. 1 FORM -City of Miami Local Office Certification 7/22/2013 Detail by Entity Name Page 1 of 2 Florida Department of State Jrvt;lr�, �j r� rg C D �L;jD-' "jrlD1 f CV1 official 31we of FluA&j websile Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Profit Corporation INDUSTRIAL SHADEPORTS, INC. Filing Information Document Number P16000086011 FEI/EIN Number 81-4247013 Date Filed 10/24/2016 State FL Status ACTIVE Principal Address 6600 NW 12th Avenue, Suite 220 Fort Lauderdale, FL 33309 Changed: 01 /21 /2020 Mailing Address 6600 NW 12th Avenue, Suite 220 Fort Lauderdale, FL 33309 Changed: 01 /21 /2020 Rea istered Aaent Name & Address BREITWEISER, STANLEY D 799 NE 6TH STREET BOCA RATON, FL 33432 Address Changed: 01/29/2018 Officer/Director Detail Name & Address Title P BREITWEISER, STANLEY D 799 NE 6TH ST., BOCA RATON, FL 33432 Title S BREITWEISER, AGNEE E 799 NE 6TH ST., BOCA RATON, FL 33432 DIVISION OF CORPORATIONS https:Hsearch. sunbiz. org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Ent... 10/ 18/2021 Detail by Entity Name Page 2 of 2 Annual Reports Report Year Filed Date 2019 01 /16/2019 2020 01 /21 /2020 2021 01 /11 /2021 Document Images 01/11/2021 --ANNUAL REPORT View image in PDFformat 01/21/2020--ANNUAL REPORT View image in PDFformat 01/16/2019 -- ANNUAL REPORT View image in PDFformat 01/29/2018 -- ANNUAL REPORT View image in PDFformat 10/23/2017 -- Reg. Agent Change View image in PDFformat 04/10/2017 -- ANNUAL REPORT View image in PDFformat 10/24/2016 -- Domestic Profit View image in PDF format Florida Department of State, Division of Corporations https:Hsearch. sunbiz. org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Ent... 10/ 18/2021 A&Orag AV ctantt ANNIE PEREZ, CPPO Procurement Director Gat ADDENDUM NO. 2 IFB 1270388 ARTHUR NORIEGA V City Manager September 8, 2021 Invitation for Bid ("IFB") Playground Equipment Installation and Repair Services, Citywide TO: ALL PROSPECTIVE BIDDERS The following changes, additions, clarifications, and deletions amend the IFB documents of the above captioned IFB, and shall become an integral part of the Contract Documents. Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein, reflect same on the documents you have on hand. A. IFB closing date has been changed to Friday, September 17, 2021 at 3:00 P.M. B. Section 2.6, Bidder's Minimum Qualifications, has been deleted in its entirety and is hereby replaced with the following language: Section 2.6, Bidder's Minimum Qualifications Bids will be considered only from firms that, at the time of bid submittal, are regularly engaged in the business of providing goods and services, for a minimum of three (3) consecutive years, as described herein. The Bidder shall: 1. Be authorized by the equipment manufacturer(s), to provide playground system installation, repair, maintenance, and inspection services. Please provide letter of authorization or written factory/manufacturer certification from each manufacturer with your bid submittal; 2. Have a minimum of three (3) consecutive years of experience in providing playground equipment installation, repair, maintenance, and inspection services to governmental, educational, municipal agencies, or commercial entities, with scope of service requirements that are similar to services requested by the City: 3. Have and submit a copy of the General Contractor's License as issued by the State of Florida Department of Business and Professional Regulation ("DBPR"); or a skills certification and/or license required to provide playground equipment installation, repair, maintenance services to governmental, educational, municipal agencies, or commercial entities, and be able to pull permits as required by the State of Florida, Miami -Dade County, and City of Miami; 4. Have and submit a copy of the Certified Playground Safety Inspection ("CPSI") certificate as issued by the National Recreation and Park Association ("NRPA"), or employ personnel with a CPSI certificate, and submit with your bid submittal; 5. List three (3) references, for your firm for projects within the last three (3) consecutive years, in the Certification Statement, evidencing the minimum three (3) consecutive years' experience in the specified work herein; 6. Have sound financial conditions and sufficient support, equipment, and personnel to ensure that they can satisfactorily execute the services if awarded a Contract under the terms and conditions stated herein; and 7. Not have a member, officer, or stockholder that is in arrears or is in default of any debt or Contract involving the City, is a defaulter surety otherwise, upon an obligation to the City and/or has failed to perform faithfully on any previous Contract with the City. Notes: 1. Copies of licenses, all certifications, letters of authorization or written factory/manufacturer certification, and signed Certification Statement with references, for your firm shall be submitted with your bid submittal; and 2. Failure to submit the above licenses, all certifications, letters of authorization or written factory/manufacturer certification and signed Certification Statement with references for your firm with your bid submittal, shall render your bid non- responsive. C. Section 2.9, References, has been deleted in its entirety and is hereby replaced with the following language: Section 2.9, References Each bid must be accompanied by a list of three (3) references, in the Certification Statement, from governmental, educational, municipal agencies, or commercial entities, for which the Bidder has provided playground equipment installation, repair, maintenance, and inspection services to within the last three (3) consecutive years. NO BID WILL BE CONSIDERED WITHOUT THIS LIST. D. Section 2.21, Hourly Repair Rates and Markup, has been deleted in its entirety and is hereby replaced with the following language: Section 2.21, Hourly Repair Rates and Markup Non -Immediate Repairs When the Successful Bidder(s) has been notified of services needed, the Successful Bidder(s) shall arrive within twenty-four (24) hours from the first point of contact from the Project Manager or designee. If the Successful Bidder(s) fails to arrive within twenty-four (24) hours, the Successful Bidder(s) will be found to be in default. Pursuant to Section 2.44, Termination, the City reserves the right to terminate this Contract if the Successful Bidder(s) fails to respond to more than three (3) consecutive services calls. In the event that non -immediate repairs for services calls are expected to exceed $5,000 the Successful Bidder(s) shall only make the site secure and safe. The Successful Bidder(s) shall submit an estimate for repairs the same day services are requested, in order to obtain a Notice to Proceed for non -immediate repairs. Once Notice to Proceed has been issued by the City, the Successful Bidder(s) may begin permitting process, purchasing of materials and any site prep work needed. 2 Immediate Repairs If playground repairs are required immediately, it will be communicated to the Successful Bidder(s) by the Project Manager or designee. The Successful Bidder(s) shall provide a call back to the Project Manager or designee within two (2) hours, otherwise the Successful Bidder(s) will be found to be in default. For immediate repairs, the Successful Bidder(s) is expected to arrive at the work site to fix or secure the problem within twelve (12) hours from the point of contact from the Project Manager or designee. Pursuant to Section 2.44, Termination, the City reserves the right to terminate this Contract if the Successful Bidder(s) fails to respond to more than three (3) consecutive service calls. The Successful Bidder(s) shall be allowed up to twelve (12) hours maximum for immediate repairs. If repair will exceed twelve (12) hours, the Successful Bidder(s) must obtain written authorization from the Project Manager or designee. If Successful Bidder(s) is found to be in default, they shall remove all equipment, tools, unused materials and construction debris within forty-eight (48) hours from being notified via default notice. The hourly rates quoted shall include full compensation for labor, equipment use, travel time, and any other related costs to the Successful Bidder(s). Regular Labor Rate — Hourly rate for straight time for removal, repair, and installation, from 8:00 AM — 5:00 PM, Monday — Friday. Markup rated for parts purchased will be for informational purposes and will not be evaluated. Legal Holidays New Year's Day Martin Luther King's Birthday President's Day Memorial Day Juneteenth (June 19) Fourth of July Labor Day Columbus Day Veterans' Day Thanksgiving Day Friday after Thanksgiving Day Christmas Day E. Section 3.1, Specifications/Scope of Work has been deleted in its entirety and is hereby replaced with the following language: Section 3.1, Specifications/Scope of Work There are approximately one hundred and forty-one (141) park facilities located within the City of Miami ("City"). This solicitation is designed to acquire services necessary to repair the City's playground equipment in a timely, efficient, and safe manner. The Successful Bidder(s) shall be required to provide, but not limited to, the following, necessary to furnish and install playground equipment, including repairs, on an as needed basis, for the Department of Parks and Recreation ("Parks"): 1. All labor; 2. Materials; 3. Tools; 4. Equipment; 5. Staging; 6. Permit fees; 7. Licenses; 8. Any and all necessary tests; 9. Bonds; 10. Signed and sealed shop drawings; 11. All professional services by a Florida licensed, Architectural/Engineering personnel; 12. Inspections; 13. Hoisting; 14, Hauling; 15. Shoring; 16. Taxes; 17. Heavy equipment; 18. Temporary fencing, safety barriers; 19. Tree protection services; 20. Temporary portable restroom (one (1) handicap, and one (1) standard as requested in writing by the end user department, on an as needed basis, the City will reimburse the Successful Bidder(s) the portable restroom(s) cost at the market cost); and 21. Supervision, required for the proper and complete performance of any work required under this Contract. Materials including but not limited to, grass, rubber tiles, mulch, and concrete shall be provided quoted by the Successful Bidder(s) and approved by the Project Manager or designee, prior to the purchase of said materials. All equipment related to these materials shall be furnished by the Successful Bidder(s) at the Successful Bidder(s)' expense. Additionally, the Successful Bidder(s) shall, at a minimum, but not limited to: 1. Perform work as needed and requested by Parks; 2. Visit the designated sites at the discretion of Parks, identify, and confirm necessary repairs, and furnish a quote for said repair prior to scheduling the work; 3. Provide and use only "new" repair parts or materials on any Parks' project. Factory "seconds", refurbished, defected, discontinued, and/or surplus aftermarket parts and supplies are not acceptable; 4. Repair any and all damages to poured in place ("PIP"), fencing, or surrounding area at Successful Bidder(s)' cost; 4 5. Be responsible for permanent and all necessary protection of work site (i.e., barricades, caution tape, windscreens, etc.), including but not limited to existing/new equipment, appliances, and accessories. The site protection shall be removed only after passing final inspection by the Project Manager or designee. The Successful Bidder(s) will be solely responsible for protection of work at all times; 6. Include the construction and removal of any temporary access to site (if any); 7. Obtain written approval from Project Manager or designee prior to final payment release; 8. Obtain written approval from Project Manager or designee for any deviation, changes to the original design, including but not limited to parts and finishes. Submit change order request, or any other deviation request in writing to the Project Manager or designee, and obtain written approval; 9. Provide the City with a one (1) year labor, and a seven (7) year material standard Warranty Certificate prior to final payment; 10. Remove and dispose of all debris offsite. The Park facilities' dumpster shall not be used to dispose of any debris related to the project's work; 11. Leave site in "ready" for use conditions; 12. Upon request, the Successful Bidder(s) will be required to re -install or re -use existing Parks' parts and materials. Any additional repair parts or materials required to complete the project must comply with item #2 above; 13. Standard repair, installation, and/or inspection times shall be coordinated between the Successful Bidder(s) and the Project Manager or designee; 14. All work shall be performed on site unless by the nature of the required repairs, deems it necessary for the part to be repaired at the Successful Bidder(s)' facility. If any equipment is to be down for more than twelve (12) hours, the Successful Bidder(s) will provide and erect safety barriers around the affected area. The Project Manager or designee will be immediately informed about the shut -down and any additional repair costs must be approved prior to the start of the work; 15. The Successful Bidder(s) shall be in direct communication with the Project Manager or designee in the event of an emergency. Successful Bidder(s) is to provide the Project Manager or designee with all emergency contact numbers; 16. Temporary fencing/barricades shall be included for all jobs up to twelve (12) hours work shift. Temporary fencing beyond a twelve (12) hour shift must be approved in writing by the Project Manager or designee prior to the performance of any work or invoicing the same; 17. An obvious error or omission in specifications shall not be used to the benefit of the Successful Bidder(s0 but shall put the Successful Bidder(s) on notice to inquire of or identity the same from the Project Manager or designee; 18. The City reserves the right to purchase parts directly to complete any projects required under this Contract; 19. Provide all necessary warranties prior to receiving final payment; 20. Provide a detailed schedule no later than five (5) working days after the issuance of Purchase Order and adhere closely to agreed schedule; 21. Provide twenty-four (24) hours, seven (7) days a week emergency contact name and phone number for emergencies. Successful Bidder(s)' emergency contact shall be able to address and resolve site emergencies on behalf of the Successful Bidder(s); 22. Provide closeout documents in a Y2" binder, and electronically, with all the project documents to include but not limited to, permitting documents/submittals, inspection records, proof of closed permits, Certificate of Completion, and project warranty. Provide all copies in duplicate; and 23. Provide "Before/In-Progress/After" digital images, labeled to contain project name, address, dates and cost, along with the closeout document. 5 In accordance with Section 2.6, Bidder's Minimum Qualifications, Bidder(s)' shall submit with their bid submittal the following: 1. Letters of authorization or written factory/manufacturer certification from each manufacturer the Bidder(s) is an authorized dealer and installer; 2. Copy of the General Contractor's license, or a skills certification and/or license required to provide playground equipment installation, repair, maintenance services to governmental, educational, municipal agencies, or commercial entities; 3. Certified Playground Safety Inspector ("CPSI") certificate; 4. Signed Certification Statement, with three (3) references for your firm for projects within the last three (3) consecutive years, evidencing the minimum three (3) consecutive years' experience in the specified work herein. Fai ure to submit the above letters of authoftaUon or written /manufacturer cerdflcati )ns General Contractor's license or sk-ous certfflcaUon. and/or license CPS� certificate and signed Certification Statement Mth references, fops our firm with 12Mr bid, shall rendevj g ur bid non-resr_aonnaive. q_ *Note: Additional repairs outside the scope of work must be reported to the Project Manager or designee prior to the commencement of repair. No work shall be completed without the written approval of the Project Manager or designee. ** Note: Services performed for the City will require licenses and permits in the same manner as private construction projects within the City. The Successful Bidder(s) shall secure, at their expense, all licenses and permits and shall fully comply with all applicable laws, regulations and codes as required by the State of Florida, county, or local ordinances. The Successful Bidder(s) must fully comply with all federal and state laws, county and municipal ordinances, and regulations in any manner affecting the prosecution of the work. Any fines or penalties to the Successful Bidder(s) shall be paid at the Successful Bidder(s) expense. F. The f0owMg is the Uty's response to questions received from prospective Bidders: Q1. Line Item No. 5 of Attachment B-Bid Price Sheet is not added to the total amount. Will this cost be included in the total bid price? Al. No, refer to Section C above. ALL OTHER TERMS AVID COIMDITiOHS OF THE lFB REMAlH THE SAME. THM ADDENDUM lS Ali ESSEKITlAL PORTMH OF THE IFB AM -'SHALL BE PvqADEA,,, PART THEREOF. Annie Peru, CPPO, Director of Procurement City of mami Procurement Department AP:ts c. Barbara Hernandez, Director, Department of Parks and Recreation Pablo Velez, Senior Assistant City Attorney Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director of Procurement R This Addendum shall be signed by an authorized representative and dated by the Bidder and submitted as proof of receipt with the submission of the Bid. NAME OF FIRM: l��U� I L , 4d v oa74 t*L SIGNATURE: III ®ATE: -q^Z1 industrial Shadeports Indus -trial Shadeports is a manufacturer of playground equipment, shade structures, shade sails and awnings. Industrial Shadeports is a Florida Certified General Contractor (CGC#1525577), installing all of our own products as well as others". Stanley Breitweiser is also a Certified Playground Safety Inspector (#42398-0621). Feel free to contact us at the below email or phone number with any questions. Reards,ry Stanley Breitweiser President Industrial Shadeports, Inc it-ifo@Shadej2orts.com 6600 NW 12"' Ave, Suite 220 www.Shadtgg.[ts--com Fort Lauderdale, FL 33309 954-755-0661 f1�i#g of 'fflirzmi ANNIE PEREZ, CPPO Procurement Director ADDENDUM NO. 1 IFB 1270388 ARTHUR NORIEGA V City Manager September 2, 2021 Invitation for Bid "IFB„ Playground Equipment Installation and Repair Services Citywide TO: ALL PROSPECTIVE BIDDERS: The following changes, additions, clarifications, and deletions amend the lFB documents of the above captioned IFB, and shall become an integral part of the Contract Documents. Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein, and reflect same on the documents you have on hand. IFB closing date has been changed to Tuesday, September 14, 2021 at 3:00 P.M. ALL OTHER TERMS AND CONDITIONS OF THE IFB REMAIN THE SAME. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE IFB AND SHALL BE MADE A PART THEREOF. r , Annie Perez, CPPO Director of Procurement/Chief Procurement Officer City of Miami Procurement Department 1,190 Barbara Hernandez, Director, Department of Parks and Recreation Pablo Velez, Senior Assistant City Attorney Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director of Procurement This Addendum shall be signed by an authorized representative and dated by the Bidder and submitted as proof of receipt with the submission of the Bid. NAME OF FIRM: n L 'yf-L /Lr� DATE: -� SIGNATURE: l L City of Miami Solicitation IFS 1270398 Certification Statement Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and retain a copy for your files. Prices should include all costs, including transportation to destination. The City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a minimum of 180 days following the time set for closing of the submissions. In the event of errors in extension of totals, the unit prices shall govern in determining the quoted prices. We (1) certify that ►ve have read your solicitation, completed the necessary documents, and propose to furnish and deliver, F.O.B. DESTINATION, the items or services specified herein. The undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations or debarred or suspended as set in section 18- 107 or Ordinance No. 12271. All exceptions to this submission have been documented in the section below (refer to paragraph and section). EXCEPTIONS: We (1) certify that any and all information contained in this submission is true; and. we (I) further certifi• that this submission is made without prior understanding, agreement, or connection with am, corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and conditions of this solicitation and certify that I am authorized to sign this submission for the submitter. Please print the following and sign your name: PROPOSER NAME: (Nq-4STkit- OJAV� 144- ADDRESS: � ,9 PW ISM Nk` } '� iZtj 77"' � 4-T LAV AbWr f & '355a5 PHONE: 15-q -75yo w"'( FAX: A)/Q IA/F,, @_ 5'r 44LI U5, SIGNED BY: CELL(Optional): A114 TITLE: ?� L � 1�eArr ._ _-DATE: FAILURE TO COMPLETE SIGN AND RETURN THIS FORM SHALL DIS UAL1FY THIS RESPONSE. 912/2021 12:43 PM L� p, 6 City of Miami Solicitation IF81270388 Certifications Legal Name of Firm: v o v 5_ A44k S O[W04S (N (- Entity Type: Partnership, Sole Proprietorship, Corporation, etc. G,prVa,W 0,0 Year Established: Z.aI� Vivot4 cvl uT-W6 vIPOP/Z- fry\rlous C.-M e 5tA_(1cT'U(9 Office Location: City of Miami, Miami -Dade County. or Other .Business Tax Receipt/Occupational License Number: I%`Ua V I Business Tax Receipt/Occupational License Issuing Agency: To. w4q [',0 UNr7 Business Tax ReceiptlOccupational License Expiration Date: Federal Employee Identification Number ("FEIN"): /Q?r '-fi-If -7o l3 Will Subcontractor(s) be used? (Yes or No) M If subcontractor(s) will be utilized, provide their name, address, and the portion of the work they will be responsible for under this contract (a copy of their license(s) must be submitted with your bid response): N tf Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (i.e., Addendum No. 1, 01/01/21). If no addendum/addenda was/were issued; please insert NIA. wwq LA kb, h , (0 I ,7-1 z If Bidder has a Local Office, as defined under Chapter 18/Article 111, Section 18-73 of the Citv Code, has Bidder filled out, notarized, and included with its bid response the "Cih- of Miami Local Office Certification" form? YES, OR NO? (The City of Miami Local Office Certification form is located in the Oracle Sourcing system ("iSupplier"), under the Header/Notes and Attachments Section of this solicitation) 6) OrMO21 12:43 PM p. 7 City of Miami Solicitation IF8 1270388 Does Bidder have any pending lawsuits Nvith or against the City of Miami, any of its agencies and/or instrumentalities? (Yes or No) If Yes, please list. OD Does Bidder have any record of criminal activities? ( Yes or No) if Yes, please list. Has Bidder declared bankruptcy within the past seven (7) years? (Yes or No) If Yes, when? Does Bidder have any prior or pending litigation, either civil or criminal, involving a governmental agency. or which may affect the performance of the services to be rendered herein, in which the Bidder, any of their employees, or subcontractors is or has been involved in within the last fire (5) years? (Yes or No) If Yes, please list. E Please list the manufacturers the Bidder is an authorized dealer/installer. � u S r/W A,L, 5 0 41() PP S - t015 ►+UAN /4-trkU 9/212021 12:43 PM PL)[L O wld F,7,k)VO-S Bid Price Sheet - IFS 1270388, playground Equipment Installation and Repair Services Citywide» Line Items Ho Line Items Quantf Unit Cost Total 2 Repair, Removal, and Replacement, inclusive of installation, and Regular Labor Cast per Hour 1 Hour $ 135.00 $ 135.00 See Service Rate Sheet Attached 3 Percentage of Mark-ups on Parts 1 Each ISM% 15.00% See Service Rate Sheet Attached Total $ 135.00 Industrial ��. ShadapoM!s Service Rates Effective Jan 1, 2021 Billing will be based on rates in effect at the time service is rendered. Rates apply within the continental United States and are quoted in U,S. dollars. FIELD CONSTRUCTION Type of Service k Hourly Field Rate (Straight Time) General Construction $135.00 Jobsite Coordination 1 Supervision $155.00 Support Personnel $105.00 FACTORY PERSONNEL Type of Service Hourly Shop Rate (Straight Time) Metal Welding / Fabrication $155.00 Fabric Sewing 1 Fabrication $155.00 Administrative $105.00 Coordination 1 Supervision $175.00 7J EQUIPMENT Type of Service Truck with basic tools for most projects Welder 1 Generator Scissor Lift Bobcat I Mini -Ex Material Reach Lift (Lull) Other Equipment Notes Rate (per hour) _ $150.00 $85.00 $85.00 $135.00 $200.00 As Needed A) For field service, "time" is based can travel time to the job from personnel's regularly assigned office location, on-the-job work hours, and return travel to the office location. Travel time will be billed as straight time. Travel time from job to job will be charged prorata. Infw@Shadeuarts.com 6600 NW 12th Ave, Suite 220 www.Shadeports.com Fort Lauderdale, FL 33305 954-755-0661 Industrial Shadeports B) Overtime will be billed at 1-1/2 times the regular rate. Overtime applies to all time that Industrial Shadeports Inc. employees spend working in excess of 8 hours during a normal work day, 40 hours during a normal work week, any time ether than normal day shift and any time on Saturdays. Any time on Sundays and holidays recognized by Industrial Shadeports Inc. will be billed at 2 times the regular rate. C) The minimum time invoiced for service shall be for two (2) hours plus travel time and expenses. ❑) Standby time is chargeable "on call" time during which the employee is available but unable to proceed with work functions due to jobsite delays. Standby time is chargeable at the applicable rate. E) For field service visits which extend beyond two weeks, the service representative will be allowed to travel home on the second weekend with time and expenses chargeable at the applicable rate. Expenses A) Travel - Plane, private, or rental automobile charges from the point of regularly assigned location of the service representative, return, plus any required local travel. Private automobile use is charged at IRS mileage reimbursement rate for the time when. the travel was completed (For 2421, the rate is .56 cents per mile). Tolls and parking fees are additional. When our service representative goes from job to job rather than returning to his headquarters, travel charges will be distributed prorata. B) Living - Expenses for lodging, meals and incidental costs. C) Receipts for air travel, automobile rental and lodging available upon request. Receipts for meals and incidental costs are not required by Industrial Shadeports Inc., but can be supplied with prior arrangements. a) All expenses are billed at cost. E) All materials are billed at cost plus 15%. info@Shadeports.com 6600 IOW 12Th Ave, Suite 220 www.Shadeports.com Fort Lauderdale, FL 33309 954-755-0661 PROPRIETARY Industrial Shadeporrft Industrial Shadeports Price List 2021 VISRP Height {H) I Height {} f} Model # L' x W' 8' 10' 12' Model # L' X W' a' 10' Retangles and Squares Umbrella SD1010HHXX 10 x 10 $ 5,758 $ 6,948 $ 7,204 RH1012HHXX 10 x 12 $ 5,948 $ 7.140 $ 7,588 RH1015HHXX 10 x 15 $ 6,203 $ 7.403 $ 7,848 RH1018HHXX 10 x 18 $ 6,463 $ 7.663 $ 8,105 RH1020HHxX 10 x 20 $ 7,380 $ 8,575 $ 9,028 SD1212HHXX 12 x 12 S 6,058 $ 7.248 $ 7,684 RH1315HHXX 13 x 15 $ 6,380 $ 7,573 $ 8,018 RH1320HHXX 13 x 20 $ 7,578 $ 8,768 S 9,218 SD1414HHXX 14 x 14 $ 6,350 $ 7,548 S 7,970 RH1522HHXX 15 x 22 $ 8,570 $ 10,303 $ 10,908 RH1525HHXX 15 x 25 $ 8,860 $ 10,583 S 11,190 SD1616HHXX 16 x 16 $ 7,398 $ 8,585 $ 9,035 SD1818HHXX 18 x 18 $ 8,408 $ 10,140 $ 10,745 RH1820HHXX 18 x 20 $ 8,585 $ 10,313 $ 10,923 RH1824HHXX 18 x 24 $ 9,118 $ 10,845 S 11,455 RH1828HHXX 18 x 28 $ 10,103 $ 11,830 $ 12,440 RH1832HHXX 18 x 32 $ 12,705 $ 13,733 $ 1.5,868 RD1836HHXX 18 x 36 $ 13,308 $ 14,335 $ 16,465 SD2020HHXX 20 x 20 $ 9,183 $ 10,915 $ 11.523 RH2O24HHXX 20 x 24 $ 9.625 $ 11,355 $ 11,960 RH2O26HHXX 20 x 26 $ 9.828 $ 11,563 $ 12,163 RH2O30HHXX 20 x 30 $ 12,463 $ 13,488 $ 15,625 RH2O34HHXX 20 x 34 $ 13,775 S 14,803 $ 16,938 RD2038HHXX 20 x 38 $ 14,205 $ 15,235 $ 17,365 SD2222HHXX 22 x 22 $ 9.525 $ 11,260 $ 11,860 3D2424HHXX 24 x 24 $ 12,468 $ 13,485 $ 15,620 RH242SHHXX 24 x 26 $ 12.688 $ 13,713 $ 15,840 RH2430HRXX 24 x 30 $ 13,398 $ 14,425 $ 16,563 RD2434#HHXX 24 x 34 $ 14,090 $ 16.170 $ 19,988 R02438HHXXC 24 x 38 $ 15468r3 $ 17,660 $ 21,475 RD244GHHXX 24 x 40 $ 15,820 $ 17,663 $ 21,438 SD2626HHXX 26 x 26 S 13,743 $ 14,773 $ 15,903 SD2828HHXX 28 x 28 $ 14,135 $ 15,163 $ 17,298 RD283GHHXX 28 x 30 $ 14,608 $ 16.590 $ 20,508 RD2834HHXX 28 x 34 $ 16,483 $ 18,563 $ 22,380 RD2838HHXX 28 x 38 $ 17,848 $ 18,768 $ 22,583 RD2842HHXX 28 x 42 $ 18,313 $ 19,463 $ 23,050 SD303GHHXX 30 x 30 $ 15,480 $ 17,568 $ 21,380 SD3434HHXX 34 x 34 $ 20,610 $ 21,528 $ 25,703 SD3636HHxX 36 x 36 $ 21,580 $ 25,118 $ 26,670 SD3838HHXX I 38 x 38 1 $ 24,320 1 $ 25,630 $ 28,873 Shade Sails Replacement Covers $7.50 per sgft $7.50 per sgft U0810HHXX 08 x 10 $ 4,450 $ 4,950 U 1010HHXx 10 x 10 $ 5,553 $ 6,045 U1212HHXX 12 x 12 $ 6,038 $ 6,143 U1414HHXX 14x 14 $ 6,808 $ 7,075 U1516HHXX 16 x 16 $ 8,215 $ 8,400 U1818HHXX 18 x 18 $ 8,793 $ 8,970 U2020HHXX 20 x 20 $ 10,438 $10,615 U2222HHXX 22 x 22 $13,200 $13,538 U2424HHXX 1 24 x 24 $ 15,908 1 $16,183 Cantilever Umbrella CU0810HHXX 08 x 10 $ 6,440 $ 6,505 CU1010HHXX 10 x 10 $ 6,743 $ 6,838 CU1212HHXX 12 x 12 $ 7,300 $ 7,423 CU1414HHXX 14 x 14 $ 8,000 $ 8,150 CU1515HHXX 15 x 15 $ 8,410 $ 8,548 CU1616HHXX 16 x 16 $ 8,428 n 8,895 CU1818HHXX 18 x 18 $ 9,783 $ 10,020 CU2020HHXX 20 x 20 1 $ 10,813 $ 11,138 Semi Catilever LxWxH SC121809XX 12x18.5x9 5 7.800 SC121810Xx 12x18.5x1 $ 9.550 SC161809xx 16xi8.5x9 116XI&BX1 $ 8,400 SC161810xx $ 10.650 Hanging Cantilever HCH101209XX 10x12x9 $ 7.185 HCH121210M 12x12x10 $ 7,665 HCH101409XX 10x14x9 $ 7,280 HCH102009XX 10x20x9 $ 7,568 HCH122010XX 12x20x10 $10,015 kC14142011 XX 14x20x11 $ 12,868 HCH142511XX 14x25x11 $13.283 HCH122609XX 12x25x9 $ 10,250 HCH12261OXX 12x26x10 $ 10,458 HCH12.3109XX 12x31 x9 $12,055 HCH123110M 12x31x10 $12,798 HCH143111XX 14x31 x11 $14,703 Suspended Cantilever CH2O20HHXX 20x20x16 $ 30,120 CH2620HHXX 20x26x16 $ 33,613 CH3220HHXX 20x32x16 $ 36,088 CH3820HHXX 20x38x16 $ 41,435 Field Services $395.00 per hour plus material All Shadepon° prices include galvanized finish and standard canopy len$ioning system. Other models available at customer request Custom sixes not on the pnCa list are available atcornmen5urgle pricing based on square footage, height and features. Special items such as; powder Coating, lightning prdlacion, installation, $hipping, stamped drawings, pernutiing, taxes, etc. are not induded in this pricing. Ptease cat] for pricing on custom units or Special Items. Plaase advise color choicels) at time of order as well as any special fire ratings on the satiric (California, etc.) Standerd Lead time is 4-6 weeks for all products. Industrial Shadeports Inc. 6600 NW I2th Ave, Suite 220 Fort Lauderdale, FL 33309 954-755-0661. www.Shadeports.com C$ Industrial PROPRIETARY Shadeports L W L H vv H p Square / Rectangle Umbrella Fabric Colors F Cantilever Umbrella Semi -Cantilever Blue Forest Green Red Yellow Lime Green Cream Navy Blue Brown Orange Light Gray park Gray Purple Industrial Shadeports Inc. 6600 NW 12th Ave, Suite 220 Fort Lauderdale, FL 33309 954-755-0661 www.Shadeports.com Oq CERTIFICATE OF LIABILITY INSURANCE FDATE (MMIgO7YYYY) 1211712020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the Certificate holder in lieu of such endorsemenR(SI. PRODUCER Sena & Whitney LLC 190 Glades Rd Suite C Boca Ratan, FL 33432 CONTACT Kim Hefferon NAME: fivPHONE PAX No; 561-290871E ADDRESS;4khefferon tlesena raup.com INSU s AFFORDING COVERAGE NAIL# INSURERA: Burlington Insurance C9 23620 INSURED INSURERB: ANGUARD INSURANCE INDUSTRIAL SHADEPORTS, INC. INsuRERc- I n Co 7 INSURER D 6600 NW 12 AVE, STE 220 INSURERE: FORT LAUDERDALE, FL 33309 INSURER F COVERAGES CERTIFICATE NUMBER. GOD41892-924876 REVISION NUMBER: 143 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSTR L TYPE OF iNBURANCE POLCY NUMBER Y MMiODy P Op YNYYY V wTS A x COMMERCIAL GENFRALL ABLY' CLAIMS -MADE ® OCCUR Y 163BW60536 11/10=20 11/1012021 EACH OCCURRENCE $ 1.000.000 0AM—dt'I'd RENTED R AI I=aoccurrence MED EXP {Any one person} $ 10D000 $ Excluded GEN'L AGGREGATE LIMIT' APPLIES PER: ^ ]( POLICY a JET LOC OTHER: PERSONAL L ADV INJURY $ 11000,000 GENERAL AGGREGATE $ 2 000 000 PRODUCTS - COMPIOP AGG S 2 000 000 $ B AUTOMOBILE LIABILITY ANY AUTO OMFID SCHEDULED AUTO; ONLY x AUTOS HIRED NON -OWNED x AUTOS ONLY AUTOS ONLY Y INAU1106688 1211512020 12115/2021 E�ac-� SINGLEUMIT $ 1.000.000 BODILY INJURY [Per persoM $ BODILY INJURY {Par accldaK 3 PPRO lOnDAMAGE $ C x UMBRELLA LIAR )[ OCCUR EXCESS LIAR � CLAIMS_ -MADE DIED I I RETENTION $ Y AN095876 11IM012020 11n0f2021 EACH OCCURRENCE AGGREGATET $ 3,000,000 s 3,800,000 d - WORKERS COMPENSATION AND EMPLOYERS' UM LiTY ANY PROPRIET WPARTNERIEXCECUTIVE Y® iDFFIGERfNiEM6'ER F]SGLV VEQ? (Mandatory In NH) If describe under DESCRIPTION OF OPERATIONS below N r A S OTH• E.L. EACH ACCIDENT S _ $ E.LDISEASE-EAEMPLOYEE EL DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be atfaehed If more space is required) CERTIFICATE HOLDER IS ADDITIONAL INSURE! WITH RESPECTS TO COMMERCIAL GENERAL. LIABILITY AND AUTO LIABILITY WHEN REQUIRED BY WRITTEN CONTRACT. COVERAGE IS PRIMARY AND NON-CONTRIBUTORY, L.0 tK I I17I4Fk 1 C 11ULIlC rS r rwry CITY OF MIAMI 444 SW 2ND AVE, 6TH FLOOR MIAMI, FL 33130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHOREEO REPRESENTATIVE %) I BULB-ZO15 AL;UKi3 C:UKIoUKA I IUIY, Au ngrivs reservau. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Printed by KIH on December 17, 2020 at 10.47AM ® DATE (MiNIpo7YYYY) CERTIFICATE OF LIABILITY INSURANCE 05/26/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the Policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsoment(s). PRODUCER CONTACT NAME: Doug Jones (Oasis) PHONE 627 FAX WCNP CIO Artex Risk Solutions, Inc. > _E,,t1 (8$8 ) 4735 IAJC• Nat. 8840 E. Chaparral Rd.; Suite 275 ADD "RE`SS: workcampl@oasispeo.00m Scottsdale, AZ 85250 (NSURENS)AFFORDINGCOVERAGE NAICar mmuRFR A - American Zurich Insurance Comoanv 140142 INSURED INSURER B Oasis, a Paychex Company Alt. Emp: INDUSTRIAL SHADEPORTS INC 2054 Vista Parkway Suite 30D INSURERC: West Palm Beach, FL 33411 INSURER D : INSURER E INSURER F : _ fY1VCQA f_CC r r-0TIFIf`A Tr- mi IMFl6I2. 71 FI n7rfnn1977 RFVIRIr]N All IMRFR• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTRCOMM TYPE OF INSURANCE AD➢L UBR PObI_CY NUMBER POOLICkqWDDY EFF POLII o EXP LIMITS ERCIALGENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE OCCUR $ _ A" E ... 0 PREMISES Ea acre r%q MED EXP {Any one person} PERSONAL & ADV INJURY S GEN'LAGGREGATE LIMIT APPLIES PER' GENERAL AGGREGATE S PRODUCTS-COMP►OPAGG S POLICY F1 JECOT E] LDC $ OTHER: AUTOMOBILE LIABILITY CDMBI EDSINGLELIMIT Ea accdderk $ _ _ BODILY INJURY (Per person) ANY AUTO $ OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY BODILY INJURY (Peracddmd) $ _ PROPERTY DAMAGE Per aeradent_ a UMBRELLA LIAR OCCUR EACH OCCURRENCE $ _ AGGREGATE �EXCESS LIAR CLAIMS -MADE I DED RETENTIONS S -- A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY �ANYPROPRIETORIPARTNERIExECUTIVE YIN OFFICERIMEMBEREXCLUOED7 (Mandatary in NH) NIA WC 29-3MB7-19 06101/2021 06MI/2-022 STATUTE E E.LEACHACCIDENT $ 1,000000 E,L.DISEASE -EA EMPLOYEE " S 1,1300,000 E.L. DISEASE -POLICY LIMIT It yes, describe under DESCRIPTION OF OPERATIONS below $ 1.000,000 Location Coverage Period, 10610112021 I 0610112022 Client# 20280-HQ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES IACDRD 101, Additional Ram2j" Schedule, may he attached it mare space is required] CoveraW is provided for INDUSTRIAL SHADEPORTS INC Attn: Permits Division only those co emplayeeS 6600 NW 12TH AVE STE 220 of, but not subcontractors FORT LAUDERDALE, FL 33309 fo: tlr_OTICVIATC Un! r%00 rArdr-GI I A-rinm City of Miami SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 444 SW 2nd Avenue 4th Floor THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Miami, FL 33130 AUTHORIZED REPRESENTATIVE (919BB-2015 A(A)IRL) C:L3KYUKA I IUTI. All rlgnts rese,I ea. ACORD 25 (2016103) The ACORD name and lano are registered marks of ACORD !I; =- Industrial adeporft Sample Government Agency Deference List Lou ltalico City of Coconut Creek Public Works Project Manager 4800 West Copans road Coconut Creek, FL 33063 1_ita I i co@ co coil utcre eit. net 954-973-6780 Michael Sargis City of !North Lauderdale Assistant City Manager 701 SW 71" Ave North Lauderdale, FL 33068 msargis@ nlauderdale.org 954-724-7061 Tom Colautti City of Miami Senior Construction Coordinator 444 SW 2na Ave, 8" Floor Miami, FL 33130 tcalautti@miamigov.com 305-416-1253 Dan Hughes School District of Palm Beach County Area Manager 3300 Summit Blvd West Palm Beach, Fl d a n. h ughes @ pa I m bea ch schoo Is.o re 561-688-7526 Kimberly Merchant City of Aventura Director of Leisure Services 19200 W Country Club Rd. Aventura, FL 33180 merchantl(@cityofaventura.com 305-466-8900 Info@Shadeports.com Michael Page Miami Dade County Parks Recreation and Open Spaces Department 11395 SW 79 Street Miami, FL 33128 M ichael.Page @M iarn iDade.gov 786-301-5102 Charles Gumula City of Coral Springs Superintendent of Parks 2501 Coral Springs Drive Coral Springs, FL 33065 cg@coralsprings.org 954-345-2149 Billy !Veal City of Miramar Assistant Director 2200 Civic Center Place Miramar, FL 33025 bdneal@iiiiramarfl.gov 954-602-4357 Matt Thompson City of Plantation Director of Parks 9151 NW 2nd St Plantation, FL 33324 MThompson@plantation.org 954-452-2513 Melissa Dawson Greater Boca Raton Beach and Park District Facilities Manager 300 S Military Trail Boca Raton, FL 33486 mdawson@mvboca.us 561-347-3942 6600 NW 12tr Ave, Suite 220 www.Shadeports.com Fort Lauderdale, FL 33309 954-755-0651 Ron DeSantis, Governor Halsey €ieshears, Secretary dbL#m%r STATE OF FLORIDA ]EPARTMENT [3F BUSINESS AND PRC3FE55I[�NAL REGULATIC]N CONSTRUCTION INDUSTRY LICENSING BOARD THE GENERAL CONTRACTOR HEREIN IS CERTIFIED UNDER THE PROVISIONS OF CHAPTER 489, FLORIDA STATUTES BREITWEISER, STANLEY D INDUSTRIAL SHADEPGRTS, INC. 6600 NW 12TH AVE SUITE 220 FT LAUDERDALE FL 33309 LICENSE NUMBER: CGC1525577 EXPIRATION DATE: AUGUST 31, 2022 Always verify licenses online at MyFloridaLicense.com EMIJLIW Do not alter this document in any form. ©er This is your license. It is unlawful for anyone other than the licensee to use this document. Recreation and Park Associ N n Let it be known that STANLEY BREITWEISER has met the requirewents of the standards set forth by the National Certification Beard and is hereby granted certification as a qPCertified Playground Safety Inspector CiiAIRG�GS[1N1 NIPA PRESIDENT AN CE0 February 24, 2021 aT FTF, 50675-0324 C1911eiCATiON HtM9eR March 01, 2024 EXPIRAT:ON WE BKk0,-0VOff 'ice of Economic and " cC] p • Small Business Development Governmental Center Annex 115 S. Andrews Avenue, Room A680 -Fort Lauderdale, Florida 33301 • 954-357-6400 • FAX 954-357-5674 - TTY 954-357-5664 This Certificate is Awarded to: INDUSTRIAL SHADE , INC. As set forth in the Sroward County T3usiness Opportunity Act of2012, the certification requirements have been nwt for: County Business Enterprise (CBE) Small Business Enterprise (SBE) Anniversary Date: January 19M Authorized Representative 'rhe Office of Economic and Small Msinoss Development must he notified within 30 days of any material changes in the business which may affect ownership and control. Failure to do so may result in the revocation of this certificate andlor imposition of other sanctions. A Service of the Broward County Board of County Commissioners www.browartlAwWsmallbasl ness " Qms we State of Florida Department of State I certify from the records of this office that INDUSTRL4,L SHADEPQRTS, INC. is a corporation organized under the laws of the State of Florida, filed on October 24, 2016. The document number of this corporation is P 16000086011. I further certify that said corporation has paid all fees due this office through December 31, 2021, that its most recent annual report/uniform business report was filed on January 11, 2021, and that its status is active. I further certify that said corporation has not filed Articles of Dissolution. Gwen under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Eleventh day of January, 2021 Secretary af'State Tracking Number. 124066271OCC To authenticate this certiiicate,visit the following site,enter this number, and then follow the instructions displayed. https:/Iservices.sunbix.org/FWmgs/CertificateOfStatus/CertificateAuthentim ion BROWARD COUNTY LOCAL BUSINESS TAX RECEIPT 115 S. Andrews Ave., Rm. A-104, Ft. Lauderdale, FL 33301-1895 — 954-831-4000 VALID OCTOBER 1, 2020 THROUGH SEPTEMBER 30, 2021 [}BA: Receipt #:GENET AL7CONTRACTOR (GENERAL Business Name: MUSTRIAL SHADEPORTS INC Business Type: CONTRACTOR) [owner Name: STANLEY BREITWEISER Business Opened:11/30/2017 Business Location: 6600 NW 12 AVE STE 220State1County1CertlReg:CGC1525577 FT LAUDERDALE Exemption Code: Business Phone: 9547550661 Rooms Seats •1.. w. h... .,.F Rilnnhi�...aa• Employees Machines Professionals d r Vending Business Only Vonrilnn TvnP- Tax Amount Transfer Fee NSF Fee Penalty Prior Years Collection Cost Total 'Paid 27.00 �0.Do 0.00 0.00 0_00 0.00 30.00 THIS RECEIPT MUST BE POSTED CONSPICUOUSLY IN YOUR PLACE OF BUSINESS THIS BECOMES A TAX RECEIPT This tax is levied for the privilege of doing business within Broward County and is non -regulatory in nature. You must meet all County and/or Municipality planning WHEN VALIDATED and zoning requirements. This Business Tax Receipt must be transferred when the business is sold, business name has changed or you have moved the business location. This receipt does not indicate that the business is legal or that it is in compliance with State or local laws and regulations. Mailing Address: INDUSTRIAL SHADEPORTS INC 6600 NW 12 AVE STE 220 FORT LAUDERDALE, FL 33309 2020 - 2021 Receipt #1CP-19-00008732 paid 08/25/2020 30.00 Business ID: Business Address AUAMM V CITY OF FORT LAUDERDALE BUSINESS TAX YEAR 2020-2021 r Business Tax Division 100 N ANDREWS AVE I FART LAUDERDALE, FL 33301 1 (954) 828 - 5195 BT-GEN-20020064 6600 NW 12 AVE # 220 STANLEY BREITWEISER INDUSTRIAL SHADEPORTS INC 6600 NW 12 AVE # 220 FORT LAUDERDALE FL 33309 406310 G E NERAL CONTRACTO R Business Name: BRITWEISER.STANLEY Contact. STANLEY BREITWEISER - CGC1525577 Business Email: info@Shadeports.Com • This Receipt is issued for the period commencing October 1st and ending September 30th of the years shown above. e If you have closed or moved out of the city, please email businesstax@fortlauderdafe.aov and include the Business ID #. • A transfer of business location within city limits is subject to zoning approval. Complete a Business Tax Transfer Application online to obtain the necessary approval. A transfer fee of 10% of the Business Tax fee applies, not less than $3.00, no more than $25.00. + If you have sold your business, please email a copy of the Bill of Sale to businesstaxcafortlauderdale.Rov_ and include the Business ID #. A transfer of ownership will incur a transfer fee of 10% of the Business Tax fee, not less than $3.00, no more than $25.00. Please be advised that this issuance of a Business Tax Receipt establishes that the business you intend to conduct is a use permitted by the City Zoning Code for the location at which you intend to operate. The issuance of a Business Tax Receipt in no way certifies that the property located at this address is in compliance with other provisions of the City Code of Ordinances. 100 N ANDREWS AVE, 1st FLOOR FORT LAUDERDALE, FL 33301 TEL 954 828 5195 W W W_FQRTlAU DERDALE.GOV City of Miami Invitation for Bid (IFB) IFB Number: Title: Issue Date/Time: IFB Closing Date/Time: Pre-Bid/Pre-Proposal Conference Pre-Bid/Pre-Proposal Date/Time: Pre-Bid/Pre-Proposal Location: Deadline for Request for Clarification: Contracting Officer: Contracting Officer E-Mail Address: Contracting Officer Facsimile: Procurement Department Miami Riverside Center 444 SW 2ndAvenue, 6th Floor Miami, Florida 33130 Web Site Address: www.miamigov.com/procurement 1270388, 2 IFB Playground Equipment Installation and Repair Services, Citywide 17-AUG-2021 @ 9:00 A.M. 17-SEP-2021 @ 3:00 P.M. Voluntary 24-AUG-2021 @ 10:00 A.M. Virtual via Microsoft TEAMS 31-AUG-2021 @ 5:00 P.M. Soto, Teresa TSoto@miamigov.com (305) 400-5024 Certification Statement Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and retain a copy for your files. Prices should include all costs, including transportation to destination. The City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a minimum of 180 days following the time set for closing of the submissions. In the event of errors in extension of totals, the unit prices shall govern in determining the quoted prices. We (I) certify that we have read your solicitation, completed the necessary documents, and propose to furnish and deliver, F.O.B. DESTINATION, the items or services specified herein. The undersigned hereby certifies that neither the contractual parry nor any of its principal owners or personnel have been convicted of any of the violations or debarred or suspended as set in section 18- 107 or Ordinance No. 12271. All exceptions to this submission have been documented in the section below (refer to paragraph and section). EXCEPTIONS: We (I) certify that any and all information contained in this submission is true; and we (I) further certify that this submission is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and conditions of this solicitation and certify that I am authorized to sign this submission for the submitter. Please print the following and sign your name: PROPOSER NAME: ADDRESS: PHONE: FAX: EMAIL: SIGNED BY: TITLE: CELL(Optional): DATE: FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISQUALIFY THIS RESPONSE. Certifications Legal Name of Firm: Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Year Established: Office Location: City of Miami, Miami -Dade County, or Other Business Tax Receipt/Occupational License Number: Business Tax Receipt/Occupational License Issuing Agency: Business Tax Receipt/Occupational License Expiration Date: Federal Employee Identification Number ("FEIN"): Will Subcontractor(s) be used? (Yes or No) If subcontractor(s) will be utilized, provide their name, address, and the portion of the work they will be responsible for under this contract (a copy of their license(s) must be submitted with your bid response): Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (i.e., Addendum No. 1, 01/01/21). If no addendum/addenda was/were issued, please insert N/A. If Bidder has a Local Office, as defined under Chapter 18/Article III, Section 18-73 of the City Code, has Bidder filled out, notarized, and included with its bid response the "City of Miami Local Office Certification" form? YES, OR NO? (The City of Miami Local Office Certification form is located in the Oracle Sourcing system ("I Supplier"), under the Header/Notes and Attachments Section of this solicitation) Does Bidder have any pending lawsuits with or against the City of Miami, any of its agencies and/or instrumentalities? (Yes or No) If Yes, please list. Does Bidder have any record of criminal activities? (Yes or No) If Yes, please list. Has Bidder declared bankruptcy within the past seven (7) years? (Yes or No) If Yes, when? Does Bidder have any prior or pending litigation, either civil or criminal, involving a governmental agency, or which may affect the performance of the services to be rendered herein, in which the Bidder, any of their employees, or subcontractors is or has been involved in within the last five (5) years? (Yes or No) If Yes, please list. Please list the manufacturers the Bidder is an authorized dealer/installer. Invitation for Bid (IFB) 1270388 IMPORTANT NOTICE TO BIDDERS: • PLEASE REFER TO ATTACHMENT B — BID PRICE SHEET FOR THE LINE ITEMS OF THIS IFB IN THE DOCUMENT SECTION. • FAILURE TO COMPLETE, SIGN, AND UPLOAD THE CERTIFICATION STATEMENT AND CERTIFICATION SECTION WILL RENDER YOUR BID NON -RESPONSIVE. • ALL FILE UPLOADS SHALL BE IN PDF FORMAT, NO OTHER FILE FORMAT WILLBE ACCEPTED BY THE CITY. • ATTACHMENT FILES SHALL BE NO MORE THAN 250MB IN SIZE EACH, SHOULD THERE BE A NEED FOR A LARGER SIZE FILE TO BE UPLOADED, SPLIT IN MULTIPLE FILES. • FOR BIDSYNC RELATED TECHNICAL DIFFICULTIES AND/OR ISSUES CONTACT BIDSYNC' S VENDOR SUPPORT LINE AT TOLL -FREE NUMBER, 800-990-9339, EMAIL_ SUPPORT&BIDSYNC.COM, OR THE WEBSITE AT SUPPORTBIDSYNC.COM. Invitation for Bid (IFB) 1270388 Table of Contents Terms and Conditions 1. General Conditions 1.1. 1. General Terms and Conditions for Invitation for Bids (IFB) 2. Special Conditions 2.1. PURPOSE 2.2. PRE -BID CONFERENCE 2.3. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION 2.4. TERM OF CONTRACT 2.5. METHOD OF AWARD 2.6. BIDDER'S MINIMUM QUALIFICATIONS 2.7. SUBCONTRACTORS SHALL BE IDENTIFIED 2.8. SUBCONTRACTOR(S)'S MINIMUM REQUIREMENTS 2.9. REFERENCES 2.10. EMPLOYEES 2.11. LEVEL II BACKGROUND CHECKS 2.12. INSURANCE REQUIREMENTS 2.13. STANDARDS AND GUIDELINES 2.14. PERFORMANCE 2.15. CURES 2.16. SUBMISSION AND RECEIPT OF BIDS 2.17. CITY OF MIAMI LIVING WAGE ORDINANCE 2.18. TIE BIDS 2.19. NON -APPROPRIATION OF FUNDS 2.20. PROJECT MANAGER 2.21. HOURLY REPAIR RATES AND MARKUP 2.22. LICENSES AND PERMITS 2.23. WORKMANSHIP AND MATERIALS 2.24. LABOR, SUPERVISION, AND EQUIPMENT 2.25. PERSONNEL 2.26. WARRANTY 2.27. PRIMARY CLIENT (FIRST PRIORITY) 2.28. DELAYS 2.29. FORCE MAJEURE 2.30. USE OF PREMISES 2.31. DAMAGES 2.32. SAFETY MEASURES 2.33. PUBLIC CONVENIENCE AND SAFETY 2.34. FINAL CLEAN-UP 2.35. COMPLETED WORK 2.36. QUALITY OF WORK 2.37. DOCUMENTATION 2.38. INVOICING Invitation for Bid (IFB) 1270388 2.39. METHOD OF PAYMENT 2.40. ADDITIONS/DELETIONS OF FACILITIES/PRODCUTS/ITEMS/SERVICES/SUPPLIERS 2.41. FAILURE TO PERFORM 2.42. LIQUIDATED DAMAGES 2.43. DISCONTINUATION OF EQUIPMENT 2.44. TERMINATION 2.45. ADDITIONAL TERMS AND CONDITIONS Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK Terms and Conditions 1. General Conditions Invitation for Bid (IFB) 1270388 1.1. 1. General Terms and Conditions for Invitation for Bids (IFB) 1. GENERAL TERMS AND CONDITIONS FOR INVITATION FOR BID (IFB) - References to goods only apply insofar as they are applicable to "Goods" as defined in Section 18-73 of the City Code. References to "Professional and Personal Services" are as defined in Section 18-73 of the City Code. Intent: The General Terms and Conditions described herein apply to the acquisition of goods/ services with an estimated aggregate cost of $25,000.00 or more. Definition: A Formal Solicitation is defined as issuance of an Invitation for Bids, Request for Proposals, Request for Qualifications, or Request for Letters of Interest pursuant to the City of Miami (City) Procurement Code and/or Florida Law, as amended. Formal Solicitation and Solicitation shall be defined in the same manner herein. 1.1. ACCEPTANCE OF GOODS - Any good(s) delivered under this Formal Solicitation, if applicable, shall remain the property of the Bidder until a physical inspection and actual usage of the good is made, and thereafter is accepted as satisfactory to the City. It must comply with the terms herein and be fully in accordance with specifications and of the highest quality. In the event the goods supplied to the City are found to be defective or do not conform to specifications, the City reserves the right to cancel the order upon written notice to the Successful Bidder/Contractor and return the product to the Successful Bidder/Contractor at the Successful Bidder/Contractor's expense. 1.1 ACCEPTANCE OF OFFER - The signed or electronic submission of a Bidder's response shall be considered an offer on the part of the Bidder; such offer shall be deemed accepted upon issuance by the City of a Purchase Order. 13. ACCEPTANCE/REJECTION - The City reserves the right to accept, reject any or all, or portion of responses after opening/closing date, and request re -issuance on the goods/services described in the Formal Solicitation. In the event of a rejection, the Director of Procurement shall notify all affected Bidders and provide a written explanation for such rejection. The City also reserves the right to reject the Response of any Bidder which has previously failed to properly perform under the Terms and Conditions of a City Contract, to deliver on time contracts of a similar nature, and which is not capable to perform the requirements defined in this Formal Solicitation. The foregoing is not an all-inclusive list of reasons for which a response may be rejected. The City further reserves the right to waive any irregularities, minor informalities, or technicalities in any or all responses and may, at its sole discretion, re -issue the Formal Solicitation. 1A ADDENDA - It is the Bidder's responsibility to ensure receipt of all Addenda. Responses to questions/inquiries from prospective Bidders will be provided in the form of an Addendum. Addenda are attached in the Documents Section of the solicitation. Invitation for Bid (IFB) 1270388 1A ALTERNATE RESPONSES -Alternate responses will not be considered, unless specifically requested by the City. 1.6. ASSIGNMENT - Successful Bidder/Contractor agrees not to subcontract, assign, transfer, convey, sublet, pledge, encumber, or otherwise dispose of the resulting Contract, in whole or in part, or any or all of its rights, title or interest herein, without the City's prior written consent. 1.7. ATTORNEY'S FEES - In connection with any litigation, appellate, administrative, mediation, and/or arbitration arising out of the resulting Contract, each party shall bear their own attorney's fees through and including, appellate litigation and any post judgment proceedings. 1A AUDIT RIGHTS AND RECORDS RETENTION -The Successful Bidder/Contractor agrees to provide access at all reasonable times to the City, or to any of its duly authorized representatives, to any books, documents, papers, and records of Successful Bidder/Contractor which are directly pertinent to this Formal Solicitation, for the purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder/Contractor shall maintain and retain any and all of the books, documents, papers, and records pertinent to the resulting Contract for three (3) years after the City makes final payment and all other pending matters are closed. Successful Bidder's/Contractor's failure to, or refusal to comply with this condition, shall result in the immediate cancellation of this Contract by the City. The Audit Rights set forth in Section 18-102 of the City Code apply as supplemental terms and are deemed as being incorporated by reference herein. 19. AVAILABILITY OF CONTRACT STATE-WIDE - Any governmental, not -for -profit, or quasi - governmental entity in the State of Florida, may avail itself of this Contract and purchase any, and all goods/services, specified herein from the Successful Bidder/Contractor at the Contract price(s) established herein, when permissible by Federal, State, and local laws, rules, and regulations. Additionally, any governmental entity outside of the State of Florida but, within the Continental United States of America, may avail itself to this Contract and purchase any and all goods/services, specified herein from the Successful Bidder/Contractor at the Contract price(s) established herein, when permissible by Federal, State, and local laws, rules, and regulations. Each governmental, not -for -profit, or quasi -governmental entity which uses this Formal Solicitation and resulting Contract will establish its own Contract, place its own orders, issue its own purchase orders, be invoiced there from, and make its own payments, determine shipping terms and issue its own exemption certificates as required by the Successful Bidder/Contractor. 1.10. AWARD OF CONTRACT - A. The Formal Solicitation, any addenda issued, the Bidder's response, and the Purchase Order shall constitute the entire Contract, unless modified in accordance with any ensuing Contract, or amendment. B. The award of a Contract, where there are Tie Bids, the tie breaker will be decided by the Director of Procurement or designee, in the instance that Tie Bids cannot be determined by applying Florida Statute 287.087, Preference to Businesses with Drug -Free Workplace Programs. Invitation for Bid (IFB) 1270388 C. The award of this Contract may be preconditioned on the subsequent submission of other documents as specified in the Special Conditions or Specifications/Scope of Work. Bidder may be found non -responsive if such documents are not submitted in a timely manner and in the form required by the City. Where Bidder is found non -responsive, the City, through action taken by the Department of Procurement, will void its acceptance of the Bidder's Response and may accept the Response from the next lowest responsive, responsible Bidder most advantageous to the City or may re -solicit for the goods/services. The City, at its sole discretion, may seek monetary restitution from Bidder and/or its bid bond or guaranty, and/or similar security, if applicable, as a result of damages or increased costs sustained as a result of the Bidder's failure to satisfy the City's requirements. D. The term of the Contract shall be specified in one of three documents which shall be issued to the Successful Bidder. These documents may either be, a Purchase Order, Notice of Award, and/or Contract AwardSheet. E. The City reserves the right to automatically extend this Contract for up to one hundred eighty (180) calendar days beyond the stated Contract term, in order to provide City departments with continual service and supplies while a new Contract is being solicited, evaluated, and/or awarded. If the right to extend is exercised, the City shall notify the Successful Bidder/Contractor, in writing, of its intent to extend the Contract in accordance with the existing terms and conditions for a specified number of days. Additional extensions beyond the first one hundred eighty (180) day extension may occur, if, the City and the Successful Bidder/Contractor are in mutual agreement of such extensions. F. Where the Contract involves a single shipment of goods to the City, the Contract term shall conclude upon completion of the expressed or implied warranty periods. G. The City reserves the right to award the Contract on a split -order, lump sum, individual -item basis, or such method of award in the best interest of the City, unless otherwise specified. H. A Contract may be awarded to the Successful Bidder/Contractor by the City Commission based upon the minimum qualification requirements reflected herein. 1.11. BID BOND/ BID SECURITY - A cashier's or certified check issued by a bank authorized to transact banking business in Florida, or a Bid Bond/Bid Security signed by a surety company that is licensed to do business in the State of Florida, payable to the City of Miami, for the amount as specified in the bid, is required from all Bidders, if so, indicated under the Special Conditions. This check or bond guarantees that a Bidder will accept the Contract, as bid, if it is awarded to Bidder. Bidder shall forfeit bid deposit to the City, should City award Contract to Bidder and Bidder fails to accept the award. The City reserves the right to reject any and all surety tendered to the City. Bid deposits are returned to unsuccessful Bidders within ten (10) days after the award and Successful Bidder's acceptance of award. If one hundred eighty (180) days have passed after the date of the Formal Solicitation closing date, and no Contract has been awarded, all bid deposits will be returned on demand. 1.12. BID SECURITY FORFEITED LIQUIDATED DAMAGES -Failure to execute a Contract and/or file an acceptable Performance Bond, when required, as provided herein, shall be just cause for the annulment of the award and the forfeiture of the Bid Bond/Bid Security to the City, which forfeiture shall be considered, not as a penalty, but in mitigation of damages sustained which cannot be determined at the time of award. Award may then be made to the next lowest responsive and responsible Bidder, or all Bid responses may be rejected. Invitation for Bid (IFB) 1270388 1.13. BID RESPONSE FORM MARDCOPY FORMAT) - All required forms in the Formal Solicitation should be completed, signed, and submitted accordingly through the BidSync Electronic Portal. 1.14. BRAND NAMES - If, and wherever in the specifications, brand names, makes, models, names of any manufacturers, trade names, or Bidder catalog numbers are specified, it is for the purpose of establishing the type, function, minimum standard of design, efficiency, grade, or quality of goods only. When the City does not desire to rule out other competitors' brands or makes, the phrase "APPROVED EQUAL" is added. Unless otherwise specified, any manufacturers' names, trade names, brand names, information or catalog numbers listed in a specification are descriptive, not restrictive, or exclusive. The Bidder shall provide any equipment that meets or exceeds the applicable specifications, including without limitation the following: Equal in every important attribute, to include industry quality measurable standard, quality of product, accessibility of distribution, durability/reliability/dependability and warranty coverage, and the delivery schedule. When bidding an "APPROVED EQUAL", Bidders shall submit, with their response, complete sets of necessary data (e.g., factory information sheets, specifications, brochures, etc.) in order for the City to evaluate and determine the equality of the item(s) bid. The Bidder shall demonstrate comparability, including appropriate catalog materials, literature, specifications, test data, etc. The City shall be the sole judge of equality and its decision shall be final. The City shall determine in its sole discretion, subject to the concurrence of the Project Manager whether goods are acceptable as an equivalent. Unless otherwise specified, evidence in the form of samples may be requested, if the proposed brand is other than specified by the City. Such samples are to be furnished after Formal Solicitation opening/closing, upon request of the City. If samples are requested by the City, such samples must be received by the City no later than seven (7) calendar days after a formal request is made. When "NO SUBSTITUTION" is used in conjunction with a manufacturer's name, brand name, and/or model number, that named item is the only item that will be accepted by the City in that particular instance. 1.15. CANCELLATION -The City reserves the right to cancel this Formal Solicitation before its opening/closing. In the event of cancellation, the Director of Procurement shall notify all prospective Bidders and provide a written explanation for the cancellation. There shall be no recourse against the City for a cancellation made in accordance with this Section. 1.16. CAPITAL EXPENDITURES - Successful Bidder/Contractor understands that any capital expenditures that the Successful Bidder/Contractor makes, or prepares to make, in order to deliver/perform the goods/services required by the City, is a business risk which the Successful Bidder/Contractor must assume. The City will not be obligated to reimburse amortized or unamortized capital expenditures, or to maintain the approved status of any Successful Bidder/Contractor. If Successful Bidder/Contractor has been unable to recoup its capital expenditures during the time it is rendering such goods/services, it shall not have any claim upon the City. 1.17. CITY NOT LIABLE FOR DELAYS -It is further expressly agreed that in no event shall the City be liable for, or responsible to, the Bidder, any subcontractor, or to any other person for, or on account of, any stoppages or delay in the work herein provided for by injunction, or other legal or equitable proceedings, or on account of any delay for any cause over which the City has no control. 1.18. COLLUSION - Bidder, by submitting a response, certifies that its response is made without previous understanding, agreement, or connection either with any person, firm, or corporation submitting a Bid for the same goods/services, or with the City of Miami's Procurement Department or initiating department. The Bidder certifies Invitation for Bid (IFB) 1270388 that its response is fair, without control, collusion, fraud, or other illegal action. Bidder certifies that it is in compliance with the Conflict of Interest and Code of Ethics Laws. The City will investigate all potential situations where collusion may have occurred, and the City reserves the right to reject any and all Bids where collusion may have occurred. 1.19. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS - Successful Bidder/Contractor understands that contracts between private entities and local governments are subject to certain laws, codes, and regulations, including laws pertaining to public records, sunshine (open meetings), conflict of interest, ethics records keeping, etc. City and Successful Bidder/Contractor agree to comply with and observe all applicable laws, codes, regulations, and ordinances, and to secure all applicable public approvals and/or consents, of any governmental agency and/or owner of intellectual property rights as that may in any way affect the goods or services offered, including, but not limited to: A Executive Order 11246, which prohibits discrimination against any employee, applicant, or client because of race, creed, color, national origin, sex, or age with regard to, but not limited to, the following: employment practices, rate of pay or other compensation methods, and training selection. R Occupational, Safety and Health Act (OSHA), as applicable to this Formal Solicitation. C. The State of Florida Statutes, Section 287.133(3)(A) on Public Entity Crimes. D. Environment Protection Agency (EPA), as applicable to this Formal Solicitation. E. Uniform Commercial Code (Florida Statutes, Chapter 672). F. Americans with Disabilities Act of 1990, as amended. C. National Institute of Occupational Safety Hazards (NIOSH), as applicable to this FormalSolicitation. H National Forest Products Association (NFPA), as applicable to this Formal Solicitation. L City Procurement Ordinance, City Code Section 18, Article III. J. Conflict of Interest, City Code Section 2-611;61. K Cone of Silence, City Code Section 18-74. L The Florida Statutes Sections 218.70 to 218.79, the Prompt Payment Act. Lack of knowledge by the Successful Bidder/Contractor will in no way be a cause for relief from responsibility. Non-compliance with all applicable local, State, and Federal directives, orders, codes, rules, regulations, and laws may be considered grounds for termination of Contract at the option of the City Manager. Copies of the City Ordinances may be obtained from the City Clerk's Office. Invitation for Bid (IFB) 1270388 1.20. CONE OF SILENCE - Pursuant to Section 18-74 of the City of Miami Code, a "Cone of Silence" is imposed upon each Formal Solicitation once advertised and terminates at the time the City Manager issues a written recommendation to the Miami City Commission. The Cone of Silence shall be applicable only to Formal Solicitations for the provision of goods and services for amounts greater than $200,000. The Cone of Silence prohibits any communication regarding Formal Solicitations between, among others: Potential vendors, service providers, bidders, lobbyists or consultants and the City's professional staff including, but not limited to, the City Manager and the City Manager's staff, the Mayor, City Commissioners, or their respective staffs. The provision does not apply to, among other communications: oral communications with the City Procurement staff, provided the communication is limited strictly to matters of process or procedure already contained in the Formal Solicitation document; the provisions of the Cone of Silence do not apply to oral communications at duly noticed site visits/inspections, pre -bid conferences, or public presentations made to the Miami City Commission during a duly noticed public meeting; or communications in writing or by email at any time with any City employee, official or member of the City Commission unless specifically prohibited by the applicable Formal Solicitation documents; or communications in connection with the collection of industry comments or the performance of market research regarding a particular Formal Solicitation by City Procurement staff. Bidders must file a copy of any written communications with the Office of the City Clerk, which shall be made available to any person upon request. The City shall respond in writing and file a copy with the City Clerk's Office, which shall be made available to any person upon request. Written communications may be in the form of an e- mail, or fax with a copy to the City Clerk's Office being required. In addition to any other penalties provided by law, violation of the Cone of Silence by any Bidder shall render any award voidable. A violation by a particular Bidder, lobbyist or consultant shall subject same to potential penalties pursuant to the City Code. Any person having personal knowledge of a violation of these provisions shall report such violation to the State Attorney and/or may file a complaint with the Miami Dade County Commission on Ethics. This language is only a summary of the key provisions of the Cone of Silence. Please review City of Miami Code Section 18-74 for a complete and thorough description of the Cone of Silence. You may contact the City Clerk's Office at 305-250-5360 or clerks@miamigov.com, to obtain a copy of same. 1.21. CONFIDENTIALITY - As a political subdivision, the City of Miami is subject to the Florida Government in the Sunshine (public Meetings) Act and Public Records Act. If this Contract contains a confidentiality provision, it shall have no application when disclosure is required by Florida law or upon court order. 1.22. CONFLICT OF INTEREST - Bidders, by responding to this Formal Solicitation, certify that to the best of their knowledge or belief, no elected/appointed official or employee of the City of Miami is financially interested, directly or indirectly, in the purchase of goods/services specified in this Formal Solicitation. Any such interests on the part of the Bidder or its employees must be disclosed in writing to the City. Further, Bidder shall disclose the name of any City employee who owns, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in Bidder's firm. Invitation for Bid (IFB) 1270388 A. Bidder further agrees not to use or attempt to use any knowledge, property, or resource which may be within his/her trust, or perform his/her duties, to secure a special privilege, benefit, or exemption for himself/herself, or others. Bidder may not disclose or use information not available to members of the general public and gained by reason of his/her position, except for information relating exclusively to governmental practices, for his/her personal, or benefit, or for the personal gain, or benefit of any other person, or business entity. B. Bidder hereby acknowledges that he/she has not contracted or transacted any business with the City or any person, or agency acting for the City, and has not appeared in representation of any third party before any board, Commission, or agency of the City within the past two years. Bidder further warrants that he/she is not related, specifically the spouse, son, daughter, parent, brother, or sister, to: (i) any member of the Commission; (ii) the Mayor; (iii) any City employee; or (iv) any member of any board or agency of the City. C. A violation of this section may subject the Bidder to immediate termination of any contract with the City, and imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by and subject to action by the Miami -Dade County Commission on Ethics. 1.23. COPYRIGHT OR PATENT RIGHTS - Bidders warrant that there has been no violation of copyright or patent rights in manufacturing, producing, or selling the goods shipped or ordered and/or services provided as a result of this Formal Solicitation, and Bidders agree to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 1.24. COST INCURRED BY BIDDER - All expenses involved with the preparation and submission of Bids to the City, or any work performed in connection therewith shall be home by the Bidder. 1.25. DEBARMENT AND SUSPENSIONS (SECTION 18-107) - A. Authority and requirement to debar/suspend. After reasonable notice to an actual or prospective Contractual Party, and after reasonable opportunity for such party to be heard, the City Manager, after consultation with the Chief Procurement Officer and the City Attorney, shall have the authority to debar a Contractual Party, for the causes listed below, from consideration for award of City Contracts. The debarment shall be for a period of not fewer than three (3) years. The City Manager shall also have the authority to suspend a Contractual Party from consideration for award of City Contracts if there is probable cause for debarment, pending the debarment determination. The authority to debar/suspend contractors shall be exercised in accordance with regulations which shall be issued by the Chief Procurement Officer after approval by the City Manager, the City Attorney, and the City Commission. B. Causes for debarment/suspension. Causes for debarment or suspension include the following: 1) Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a public or private Contract or subcontract, or incident to the performance of such Contract or subcontract. 2) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification, or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty. Invitation for Bid (11713) 1270388 3) Conviction under state or federal antitrust statutes arising out of the submission of Bids orProposals. 4) Violation of Contract provisions, which is regarded by the Chief Procurement Officer to be indicative of non - responsibility. Such violation may include failure without good cause to perform in accordance with the terms and conditions of a Contract or to perform within the time limits provided in a Contract, provided that failure to perform caused by acts beyond the control of a party shall not be considered a basis for debarment/suspension. 5) Debarment/suspension of the Contractual Party by any federal, state, or other governmental entity. 6) False certification pursuant to paragraph C below. 7) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which the violation remains noncompliant. 8) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which a civil penalty or fine is due and owing to the city. 9) Any other cause judged by the City Manager to be so serious and compelling as to affect the responsibility of the Contractual Party performing city Contracts. C. Certification. All Contracts for goods and services, sales, and leases by the city shall contain a certification that neither the Contractual Party nor any of its principal owners or personnel have been convicted of any of the violations set forth above or debarred or suspended as set forth in paragraph (b)(5). D. Debarment and suspension decisions. Subject to the provisions of paragraph (a), the City Manager shall render a written decision stating the reasons for the debarment or suspension. A copy of the decision shall be provided promptly to the Contractual Party, along with a notice of said parry's right to seek judicialrelief. 1.26. DEBARRED/SUSPENDED VENDORS - An entity or affiliate who has been placed on the State of Florida debarred or suspended vendor list may not submit a Response for a solicitation to provide goods or services to a public entity; may not submit a Response to a solicitation with a public entity for the construction or repair of a public building or public work; may not submit response on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. 1.27. DEFAULT/FAILURE TO PERFORM -The City shall be the sole judge of nonperformance, which shall include any failure on the part of the Successful Bidder/Contractor to accept the award, to furnish required documents, and/or to fulfill any portion of this Contract within the time stipulated. Upon default by the Successful Bidder/Contractor to meet any terms of a Contract, the City will notify the Successful Bidder/Contractor of the default and will provide the Successful Bidder/Contractor three (3) days (weekends and holidays excluded) upon notification, by the City, to remedy the default. Failure by the Successful Bidder/Contractor to correct the default within the required three (3) days, shall result in the Contract being terminated upon the City notifying in writing the Successful Bidder/Contractor of its intentions and theeffective Invitation for Bid (11713) 1270388 date of the termination. The following shall constitute default: A. Failure to perform the work or deliver the goods/services required under the Contract, and/or within the time required, or failing to use the subcontractors, entities, and personnel as identified and set forth, and to the degree specified in the Contract. B. Failure to begin the work under this Contract within the time specified. C. Failure to perform the work with sufficient workers and equipment, or with sufficient materials to ensure timely completion. D. Neglecting or refusing to remove materials or perform new work where prior work has been rejected as nonconforming with the terms of the Contract. E. Becoming insolvent, being declared bankrupt, or committing any act of bankruptcy or insolvency, or making an assignment for the benefit of creditors, if the insolvency, bankruptcy, or assignment renders the Successful Bidder/Contractor incapable of performing the work in accordance with, and as required by the Contract. F. Failure to comply with any of the terms of the Contract in any material respect. All costs and charges incurred by the City as a result of a default, or a default incurred beyond the time limits stated, together with the cost of completing the work, shall be deducted from any monies due, or which may become due on this Contract to the Successful Bidder/Contractor. 1.28. DETERMINATION OF RESPONSIVENESS AND RESPONSIBILITY - Each Bid will be reviewed to determine if it is responsive to the submission requirements outlined in the Formal Solicitation. A. Responsive Bid is one which follows the requirements of the Formal Solicitation, includes all documentation, is submitted in the format outlined in the Formal Solicitation, is of timely submission, and has appropriate signatures as required on each document Failure to comply with these requirements may deem a Bid non -responsive. B. Determination of Responsibility. A Responsible Bidder shall mean a Bidder who has submitted a Bid and who has the capability, as determined under Section 18-95 of the City Code, in all respects to fully perform the Contract requirements, and the integrity and reliability of which give reasonable assurance of good faith and performance. 1) Bids will only be considered from any person or firm who are regularly engaged in the business of providing the good(s)/service(s) required by the Formal Solicitation. Bidder must be able to demonstrate a satisfactory record of performance and integrity, and have sufficient financial, material, equipment, facility, personnel resources, and expertise to meet all contractual requirements. 2) The City may consider any information available regarding the financial, technical, and other qualifications and abilities of a Bidder, including past performance (experience) with the City or any other governmental entity, in making the award. Invitation for Bid (IFB) 1270388 3) The City may require the Bidder(s) to provide documentation that they have been designated as an authorized representative of a manufacturer or supplier which is the actual source of supply, if required by the Formal Solicitation. 1.29. DISCOUNTS OFFERED DURING TERM OF CONTRACT -Discount prices offered in the Response shall be fixed after the award of a Contract by the Commission, unless otherwise specified in the Special Terms and Conditions. Price discounts, off the original prices quoted in the Response, will be accepted from Successful Bidder/Contractor during the term of the Contract. Such discounts shall remain in effect for a minimum of one hundred and eighty (180) days from approval by the City Commission. Any discounts offered by a manufacturer to Successful Bidder/Contractor will be passed on to the City. 1.30. DISCREPANCIES, ERRORS, AND OMISSIONS -Any discrepancies, errors, or omissions in the Formal Solicitation, or Addenda (as applicable), should be reported in writing to the City's Procurement Department. Should it be found necessary, a written Addendum will be incorporated in the Formal Solicitation and will become part of the Purchase Order (Contract documents). The City will not be responsible for any oral instructions, clarifications, or other communications. A. Order of Precedence. Any inconsistency in this Formal Solicitation shall be resolved by giving precedence to the following documents, the first of such list being the governing documents. 1) Addenda (if applicable) 2) Specifications 3) Special Conditions 4) General Terms and Conditions 131. EMERGENCY/DISASTER PERFORMANCE -In the event of a natural disaster or other emergency, or disaster situation, the Successful Bidder/Contractor shall provide the City with the commodities/services defined within the scope of this Formal Solicitation at the price contained within Bidder's response. Further, Successful Bidder/Contractor shall deliver/perform for the City on a priority basis during such times of emergency. 132. ENTIRE BID CONTRACT -The Bid Contract consists of any amendments to the Bid Contract, the Formal Solicitation, including any addenda, Bidder's Response and any written agreement entered into by the City of Miami and Successful Bidder/Contractor, and represents the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes all other negotiations, understanding, and representations, if any, made by and between the parties. To the extent that the Bid Contract conflicts with, modifies, alters, or changes any of the terms and conditions contained in the Formal Solicitation and/or Bid, the Formal Solicitation, including any addenda, and then the Bid shall control_ This Contract may be amended only by a written agreement signed by the City and Successful Bidder/Contractor. 133. ESTIMATED QUANTITIES - Estimated quantities or dollars are provided for the Bidder's guidance only: (a) estimates are based on the City's anticipated needs and/or usage during a previous contract period and (b) the City may use these estimates to determine the low Bidder. Estimated quantities do not contemplate or include possible additional quantities that may be ordered by other government, quasi - government or non-profit entities utilizing this Contract. No guarantee is expressed or implied as to quantities that will be purchased during the Contract period. The City is not obligated to place an orderfor Invitation for Bid (IFB) 1270388 any given amount subsequent to the award of the Contract. Said estimates may be used by the City for purposes of determining the low Bidder, meeting specifications. The City reserves the right to acquire additional quantities at the prices bid or at lower prices in this Formal Solicitation. 134. EVALUATION OF RESPONSES - A. Rejection of Bids. The City may reject a Bid for any of the following reasons: 1) Bidder fails to acknowledge receipt of addenda; 2) Bidder misstates or conceals any material fact in the Bid; 3) Bid does not conform to the requirements of the Formal Solicitation; 4) Bid requires a conditional award that conflicts with the method of award; 5) Bid does not include required samples, certificates, licenses; and, 6) Bid was not executed by the Bidder's authorized agent. The foregoing is not an all-inclusive list of reasons for which a Bid may be rejected. The City may reject, and/or re- advertise for all or any portion of the Formal Solicitation, whenever it is deemed in the best interest of the City. B. Elimination from Consideration. 1) A Bid Contract shall not be awarded to any person or firm which is in arrears to the City upon any debt or contract, or which is a defaulter as surety or otherwise upon any obligation to the City. 2) A Bid Contract may not be awarded to any person or firm which has failed to perform under the terms and conditions of any previous contract with the City or failed to deliver on time, under contracts of a similarnature. 3) A Bid contract may not be awarded to any person or firm who has been debarred by the City, in accordance with the City's Debarment and Suspension Ordinance (Section 18-107), or is currently debarred by the State of Florida or any political subdivision or is on the convicted vendor's list per Section 287.133, FloridaStatutes. 1.35. EXCEPTIONS TO GENERAL TERMS AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS - Exceptions to the specifications shall be listed in the Bid and shall reference the applicable section. Any exceptions to the General Terms and/or Special Conditions shall be cause for a Bid to be considered non -responsive. 1.36. FREIGHT ON BOARD (F.O.B) DESTINATION -Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the Bidder must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in the bid price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection of Bid. 137. FIRM PRICES - The Bidder warrants that prices, terms, and conditions quoted in its Bid will be firm throughout the duration of the Bid Contract unless otherwise specified in the Formal Solicitation. Such prices will remain firm for the period of performance, or resulting purchase orders, or Bid Contracts. 138. FLORIDA MINIMUM WAGE AND CITY OF MIAMI LIVING WAGE ORDINANCE - A Florida Minimum Wage. In accordance with the Constitution of the State of Florida, Article X, Section 24, employers shall pay employee wages no less than the minimum wage for all hours worked in Florida. Accordingly, it is the Successful Bidder's/Contractor's and their subcontractor's responsibility to understand and comply with this Florida minimum wage requirement and pay its employees the current established hourly minimum wage rate. Invitation for Bid (IFB) 1270388 This minimum wage rate is subject to change or adjusted by the rate of inflation using the consumer price index ("CPI") for urban wage earners and clerical workers, CPI-W, or a successor index as calculated by the United States Department of Labor. Each adjusted minimum wage rate calculated, shall be determined, and published by the Agency Workforce Innovation on September 30th of each year and take effect on the following January 1 st. It is the Bidder's and their subcontractor's (if applicable), full responsibility to determine whether any of their employees may be impacted by this Florida Minimum Wage Law, at any given point in time during the term of the Bid Contract. If impacted, Bidder must provide, with its bid, employee name(s), job title(s), job description(s), and current pay rate(s). Failure to submit this information at the time of bid submittal constitute Successful Bidder's/Contractor's acknowledgement and understanding that the Florida Minimum Wage Law will not impact its prices throughout the term of the Bid Contract, and a waiver of any contractual price increase request(s). The City reserves the right to request and the Successful Bidder/Contractor must provide for any, and all information to make a wage and contractual price increase(s) determination. R City of Miami Living Wage Ordinance. The City of Miami adopted a Living Wage Ordinance for City Service Contracts with a total contract value exceeding $100,000 annually, and that have been competitively solicited and awarded on, or after January 1, 2017 by the City. "Service Contract" means a contract to provide services to the City, excluding, however, professional services as defined by the "Consultants Competitive Negotiation Act" set forth in F.S. § 287.055, and Section 18-87 of the City Code, and/or the other exclusions provided by Section 18-557 of the City Code. Section 18-557 is attached as Attachment A. Please see provisions in Attachment A. If a solicitation requires services, effective on January 1, 2017, Contractors must pay to all its employees, who provide services, a living wage of no less than $15.00 per hour without health benefits, or a wage of no less than $13.19 an hour, with health benefits. This language is only a summary of the key provisions of the City of Miami Living Wage Ordinance. Please review Attachment A, attached hereto, for a complete and thorough description of the City of Miami Living Wage Ordinance. 139. GOVERNING LAW AND VENUE - The validity and effect of any Bid Contract as a result of this Formal Solicitation shall be governed by the laws of the State of Florida. The parties agree that any action, mediation, or arbitration arising out of the Bid Contract shall take place in Miami -Dade County, Florida. In any action or proceeding each party shall bear their own respective attorney's fees. 1.40. HEADINGS AND TERMS - The headings to the various paragraphs of the Bid Contract have been inserted for convenient reference only and shall not in any manner be construed as modifying, amending, or affecting in any way, the expressed terms, and conditions hereof. 1.41. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) - Any person, firm, or entity that performs or assists the City of Miami with a function or activity involving the use or disclosure of "individually identifiable health information (IIHI), and/or Protected Health Information (PHI), shall comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996, and the City of Miami Privacy Standards. HIPAA mandates for privacy, security, and electronic transfer standards, which include, but are not limitedto: A. Use of information only for performing services required by the contract or as required by law; B. Use of appropriate safeguards to prevent non -permitted disclosures; C. Reporting to the City of Miami of any non -permitted use or disclosure; Invitation for Bid (IFB) 1270388 D. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the Bidder and reasonable assurances that IIHI/PHI will be held confidential; E. Making PHI available to the customer; F. Making PHI available to the customer for review and amendment; and incorporating any amendments requested by the customer; G. Making PHI available to the City of Miami for an accounting of disclosures; and R Making internal practices, books and records related to PHI available to the City of Miamifor compliance audits. PHI shall maintain its protected status regardless of the form and method of transmission (i.e., paper records, and/or electronic transfer of data). The Successful Bidder/Contractor must give its customers written notice of its privacy information practices, including specifically, a description of the types of uses and disclosures that would be made with protected health information. 1.42 INDEMNIFICATION -Successful Bidder/Contractor shall indemnify, hold and save harmless, and defend (at its own cost and expense), the City, its officers, agents, directors, and/or employees, from all liabilities, damages, losses, judgements, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Successful Bidder/Contractor and persons employed or utilized by Successful Bidder/Contractor in the performance of this Contract. The Successful Bidder/Contractor shall further, hold the City, its officials, and employees, indemnify, save and hold harmless for, and defend (at its own cost), the City its officials and/or employees against any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted Work, even if it is alleged that the City, its officials, and/or employees were negligent. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, the Successful Bidder/Contractor shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The Successful Bidder/Contractor expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the Successful Bidder/Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents, and instrumentalities as hereinprovided. The indemnification provided above shall obligate the Successful Bidder/Contractor to defend, at its own expense, to and through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against the City, whether performed by the Successful Bidder/Contractor, or persons employed or utilized by the Successful Bidder/Contractor. These duties will survive the cancellation or expiration of the Contract. This Section will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended. Successful Bidder/Contractor shall require all sub-consultant/contractor agreements to include a provision that each sub -contractor will indemnify the City in substantially the same language as this Section. The Successful Bidder/Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Successful Bidder/Contractor in which the City participated either through review or concurrence of the Consultant's actions. In reviewing, approving, or rejecting any submissions by Invitation for Bid (IFB) 1270388 the Successful Bidder/Contractor or other acts of the Successful Bidder/Contractor, the City, in no way, assumes or shares any responsibility or liability of the Successful Bidder/Contractor or sub-consultant/contractor under this Contract. Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by the Successful Bidder/Contractor. 1.43. FORMATION AND DESCRIPTIVE LITERATURE - Bidders must furnish all information requested in the spaces provided in the Formal Solicitation. Further, as may be specified elsewhere, each Bidder must submit for evaluation, cuts, sketches, descriptive literature, technical specifications, and Material Safety Data Sheets (MSDS) as required, covering the products offered. Reference to literature submitted with a previous bid, or on file with the City, will not satisfy this provision. 1.44. INSPECTIONS - The City may, at reasonable times during the term of the Bid Contract, inspect Successful Bidder's/Contractor's facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods and/or services required to be provided by the Successful Bidder/Contractor, under the Bid Contract conform to the terms and conditions of the Formal Solicitation. Successful Bidder/Contractor shall make available to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All tests and inspections shall be subject to, and made in accordance with, the provisions of the City of Miami Ordinance No. 12271 (Section 18-101) City Code, as same may be amended or supplemented, from time to time, which, in conjunction with Section 18-102, providing for audits of City contractors, are applicable and are deemed as being incorporated by reference as supplemental terms. 1.45. INSPECTION OF BID - Bids received by the City, pursuant to a Formal Solicitation, will not be made available until such time as the City provides notice of a decision, or intended decision, or within 30 days after bid closing, whichever is earlier. Bid results will be tabulated and may be furnished upon request, via fax or e-mail, to the City's Procurement Contracting Officer, issuing the Formal Solicitation. Tabulations are also available on the City's website following a recommendation for award. 1.46. INSURANCE - Within ten (10) days after receipt of Notice of Award, the Successful Bidder/Contractor, shall furnish the evidence of insurance to the Procurement Department, as applicable. Submitted evidence of insurance shall demonstrate strict compliance with all requirements stipulated in the Special Conditions section titled "Insurance Requirements". The City shall be listed as an "Additional Insured." Issuance of a Purchase Order is contingent upon the receipt of proper insurance documents. If the certificate of insurance is received within the specified time frame but not in the manner prescribed in the Formal Solicitation, the Successful Bidder/Contractor shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the City. If the Successful Bidder/Contractor fails to submit the required insurance documents in the manner prescribed in the Formal Solicitation within fifteen (15) calendar days after receipt of the Notice of Award, the Successful Bidder/Contractor shall be in default of the contractual terms and conditions and will not be awarded the contract. Information regarding any insurance requirements shall be directed to the Risk Management Director, Department of Risk Management, at 444 SW 2nd Avenue, 9th Floor, Miami, Florida 33130, 305-416-1384. The Successful Bidder/Contractor shall be responsible for ensuring that the insurance documents required in conjunction with this Section remain in effect for the duration of the contractual period; including any renewals and extensions that may be exercised by the City. Invitation for Bid (IFB) 1270388 1.47. INVOICES - Invoices submitted by Successful Bidder/Contractor to the City shall include the Purchase Order number and description of goods and/or services delivered (i.e., quantity, unit price, extended price, etc.); and in compliance with Chapter 218 of the Florida Statutes (Prompt PaymentAct). 1.48. LOCAL PREFERENCE -City Code Section 18-85, states, "when a responsive, responsible non -local Bidder submits the lowest bid price, and the bid submitted by one or more responsive, responsible local Bidders who maintain a local office, as defined in Section 18-73, is within fifteen percent (15%) of the price submitted by the non -local Bidder, then that non -local Bidder and each of the aforementioned responsive, responsible local Bidders shall have the opportunity to submit a best and final bid equal to or lower than the amount of the low bid previously submitted by the non -local Bidder. Contract award shall be made to the lowest responsive, responsible Bidder submitting the lowest best and final bid. In the case of a tie in the best and final bid between a local Bidder and a non -local Bidder, contract award shall be made to the localBidder." 1.49. MANUFACTURER'S CERTIFICATION - The City reserves the right to request from Bidders a separate Manufacturer's Certification of all statements made in the Bid. Failure to provide such certification may result in the rejection of the Bid, or termination of the Bid Contract, for which the Bidder/Successful Bidder/Contractor shall bear full liability. 1.50. MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS - No Contract or understanding to modify the Formal Solicitation and the resultant Purchase Order(s) or Bid Contract, if applicable, shall be binding upon the City, unless made in writing by the City's Director of Procurement through the issuance of a change order, addendum, amendment, or supplement to the Bid Contract, Purchase Order, or award sheet, as applicable. 1.51. MOST FAVORED NATIONS - Successful Proposer shall not treat the City of Miami ("City") worse than any other similarly situated local government and, in this regard, grants the City a "most favored nations clause" meaning the City will be entitled to receive and be governed by the most favorable terms and conditions that Successful Bidder/Proposer grants now or in the future to a similarly situated local government. 1.52. NO PARTNERSHIP OR JOINT VENTURE - Nothing contained in the Bid Contract will be deemed or construed to create a partnership or joint venture between the City and Successful Bidder/Contractor, or to create any other similar relationship between the parties. 1.53. NONCONFORMANCE TO CONTRACT CONDITIONS - Items may be tested for compliance with specifications under the direction of the Florida Department of Agriculture and Consumer Services, or by other appropriate testing laboratories as determined by the City. The data derived from any test for compliance with specifications is public record, and open to examination thereto in accordance with Chapter 119, Florida Statutes. Items delivered, not conforming to specifications may be rejected, and returned at Successful Bidder's/Contractor's expense. The non -conforming items not delivered in accordance with the stipulated delivery date in the Bid and/or Purchase Order, may result in Successful Bidder/Contractor being found in default, in which event, any and all re - procurement costs may be charged against the defaulted Successful Bidder/Contractor. Any violation of the above stipulations may also result in the Successful Bidder/Contractor being removed from the City's supplier's list. 1.54. NONDISCRIMINATION - Successful Bidder/Contractor affirms that it shall not discriminate as to race, gender, color, age, religion, national origin, marital status, or disability, in connection with its performance under the Formal Solicitation. Furthermore, Successful Bidder/Contractor affirms that no otherwise qualified individualshall Invitation for Bid (IFB) 1270388 solely by reason of their race, gender, color, age, religion, national origin, marital status, or disability be excluded from the participation in, be denied benefits of, or be subjected to, discrimination under any program or activity. In connection with the conduct of its business, including performance of services and employment of personnel, Successful Bidder/Contractor shall not discriminate against any person on the basis of race, gender, color, age, religion, national origin, marital status, or disability. All persons having appropriate qualifications shall be afforded equal opportunity for employment. 1.55. NON-EXCLUSIVE CONTRACT/ PIGGYBACK PROVISION - At such times as may serve in the City's best interest, the City reserves the right to advertise for, receive, and award additional contracts for the goods and/or services described herein, and to make use of other competitively bid (governmental) contracts, agreements, or other similar sources, for the purchase of the goods and/or services described herein, as may be available in accordance with the applicable provisions of the City of Miami Procurement Ordinance. It is hereby agreed and understood that the Formal Solicitation does not constitute the exclusive rights of the Successful Bidder(s)/Contractor(s) to receive all orders that may be generated by the City, in conjunction with the Formal Solicitation. In addition, any and all goods, and/or services required by the City in conjunction with construction projects are solicited under a distinctly different solicitation process and shall not be purchased under the terms, conditions and awards rendered under the Formal Solicitation, unless such purchases are determined to be in the best interest of the City. 1.56.NOTICE REGARDING "CURES" - Bids submitted with irregularities, deficiencies, and/or technicalities that deviate from the minimum qualifications and submission requirements of Request for Qualifications (RFQ), Request for Proposals (RFP), invitation to bid (ITB), invitation for bids (IFB), invitation to quote (ITQ), Requests for Letters of Interest (RFLI) and Request for Sponsorships (RFS) shall result in a non -responsive determination. any solicitation issued after May 6, 2019, shall comply with APM 2-19. APM 2-19 is attached hereto. only minor irregularities, deficiencies, and technicalities may be allowed to be timely cured by the proposer at the sole discretion of the city. material irregularities, deficiencies, and technicalities cannot be cured by the proposer, and are not waivable by the city. BIDS SUBMITTED WITH IRREGULARITIES, DEFICIENCIES, AND/OR TECHNICALITIES THAT DEVIATE FROM THE MINIMUM QUALIFICATIONS AND SUBMISSION REQUIREMENTS OF THIS IFB SHALL RESULT IN A NON -RESPONSIVE DETERMINATION. The City will not give consideration to the curing of any Bids that fail to meet the minimum qualifications and submission requirements of this IFB. Proposer understands that non -responsive Bids will not be evaluated. 1.57. OCCUPATIONAL LICENSE/BUSINESS TAX RECEIPT - Any person, firm, corporation, or joint venture, with a business location within the City's municipal boundaries and is submitting a Bid under the Formal Solicitation shall meet the City's Business Tax Receipt requirements in accordance with Chapter 31.1, Article I of the City of Miami Charter. Others with a location outside of the City's municipal boundaries shall meet their local Occupational License/Business Tax Receipt requirements. A copy of the Occupational License/Business Tax Receipt must be submitted with the Bid; however, the City may, in its sole discretion, and in its best interest, allow the Bidder to provide the Occupational License/Business Tax Receipt to the City during the evaluation period, but prior to award. A Certificate of Use ("CU") will be required if applicable under City regulations. 1.58. ONE PROPOSAL - Only one (1) Bid from an individual, firm, partnership, corporation, or joint venture will be considered in response to the Formal Solicitation, unless otherwise stipulated in the Formal Solicitation. Invitation for Bid (IFB) 1270388 1.59. OWNERSHIP OF DOCUMENTS - It is understood by and between the parties, that any documents, records, files, or any other matter whatsoever, which is given by the City to the Successful Bidder/Contractor, pursuant to the Formal Solicitation shall at all times remain the property of the City and shall not be used by the Successful Bidder/Contractor for any other purposes whatsoever, without the written consent of the City. 1.60. PARTIAL INVALIDITY - If any provision of the Bid Contract or the application thereof, to any person or circumstance, shall to any extent be held invalid, then the remainder of the Bid Contract or, the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby, and each provision of the Bid Contract shall be valid and enforced to the fullest extent permitted by law. 1.61. PERFOR IANCE/PAYMENT BOND - A Successful Bidder/Contractor may be required to furnish a Performance/Payment Bond as part of the requirements of the Bid Contract, in an amount equal to one hundred percent (100%) of the Bid Contract price. Any bond furnished will comply with Florida Law, and be in a form acceptable to the City of Miami Risk Management Director. 1.62. PREPARATION OF BIDS - Bidders are expected to examine the specifications, required delivery, drawings, and all special and general conditions. A. Each Bidder shall furnish the information required in the Formal Solicitation. The Bidder shall print type or manually enter all requested information, sign, and upload the Certification Statement. B. If so required, the unit price for each unit offered, shall be shown, and such price shall include packaging, handling, and shipping, and F.O.B. Miami delivery inside City premises, unless otherwise specified. Bidder shall include in their Bid all taxes, insurance, social security (if applicable), workmen's compensation, and any other benefits normally paid by the Bidder to its employees. If applicable, a unit price shall be entered in the "Unit Price" column for each item. Based upon estimated quantity, an extended price shall be entered in the "Extended Price" column for each item offered. In case of a discrepancy between the unit price and extended price, the unit price will prevail. C. The Bidder must state a definite time, if required, in calendar days, for delivery of goods and/orservices. D. The Bidder should retain a copy of all response documents for future reference. E. All Bids, as described, must be fully completed, and typed, or printed in ink and must be signed in ink with the Bidder's name, and by an officer or employee having authority to represent the Bidder by their signature. Bids having any erasures or corrections, must be initialed in ink by person signing the Bid or the Bid may berejected. F. Bids shall remain valid for at least 180 days. Upon award of a Bid Contract, the content of the Successful Bidder's/Contractor's Bid, may be included as part of the Bid Contract, at the City's discretion. G. The City 's Bid Forms shall be used when Bidder is submitting its Bid. Use of any other forms, will result in the rejection of the Bid. Invitation for Bid (IFB) 1270388 1.63. PRICE ADJUSTMENTS - Any price decrease effectuated during the Bid Contract period, either by reason of market change, or on the partof the Successful Bidder/Contractor to other customers shall be passed on to the City. 1.64. PRODUCT SUBSTITUTES - In the event a particular awarded and approved manufacturer's product becomes unavailable during the term of the Bid Contract, the Successful Bidder/Contractor awarded that item may arrange with the City's authorized representative(s) to supply a substitute product at the awarded price or lower, provided that a sample is approved in advance of delivery, and that the new product meets or exceeds all quality requirements. 1.65. CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS - Successful Bidder/Contractor represents and warrants to the City, that it has not employed, or retained any person, or company employed by the City to solicit or secure the Bid Contract and that the Successful Bidder/Contractor has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon, or in connection with, the award of the Bid Contract. 1.66. PROMPT PAYMENT - Bidders may offer a cash discount for prompt payment; however, discounts shall not be considered in determining the lowest net cost for Bid evaluation purposes. Bidders are required to provide their prompt payment terms in the space provided on the Formal Solicitation. If no prompt payment discount is being offered, the Bidder must enter zero (0) for the percentage discount to indicate no discount. If the Bidder fails to enter a percentage, it is understood and agreed that the terms shall be two percent (2%), 20 days, effective after receipt of invoice or final acceptance by the City, whichever is later. When the City is entitled to a cash discount, the period of computation will commence on the date of delivery, or receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is necessary due to damage, the cash discount period shall commence on the date final approval for payment is authorized. If a discount is part of the contract, but the invoice does not reflect the existence of a cash discount, the City is entitled to a cash discount with the period commencing on the date it is determined by the City that a cash discountapplies. Price discounts off the original prices quoted on the Price Sheet will be accepted from Successful Bidder(s) during the term of the contract. The City will comply with the Florida Prompt Payment Act, as applicable. 1.67. PROPERTY - Property owned by the City is the responsibility of the City. Such property furnished to a Successful Bidder/Contractor for repair, modification, study, etc., shall remain the property of the City. Damages to such property occurring while in the possession of the Successful Bidder/Contractor shall be the responsibility of the Successful Bidder/Contractor. Damages occurring to such property while in route to the City, shall be the responsibility of the Successful Bidder/Contractor. In the event that such property is destroyed, or declared a total loss, the Successful Bidder/Contractor shall be responsible for the replacement value of the property, at the current market value, less depreciation of the property, if any. 1.68. PROVISIONS BINDING - Except as otherwise expressly provided in the resultant Bid Contract, all covenants, conditions, and provisions of the resultant Bid Contract, shall be binding upon, and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors, andassigns. 1.69. PUBLIC ENTITY CRIMES - A person or affiliate who has been placed on the convicted vendor list, following a conviction for a public entity crime may not: A. Submit a Bid to provide any goods or services to a public entity. Invitation for Bid (IFB) 1270388 B. Submit a Bid on a contract with a public entity for the construction or repair of a public building or publicwork. C. Submit responses on leases of real property to a public entity. D. Be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity. E. Transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendorlist. 1.70. PUBLIC RECORDS - Successful Bidder/Contractor understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City contracts, subject to the provisions of Chapter 119, Florida Statutes, and City Code, Section 18, Article III, and agrees to allow access by the City and the public, to all documents subject to disclosure under applicable law. Successful Bidder/Contractor shall additionally comply with the provisions of Section 119.0701, Florida Statutes, titled "Contracts; public records". Successful Bidder/Contractor shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: A. Keep and maintain public records that ordinarily and necessarily would be required by the City to perform this service. B. Provide the public with access to public records on the same terms and conditions as the City would at the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from disclosure are not disclosed except as authorized by law. D. Meet all requirements for retaining public records and transfer, at no cost, to the City all public records in its possession upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from disclosure requirements. E. All electronically stored public records must be provided to the City in a format compatible with the City's information technology systems. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE DIVISION OF PUBLIC RECORDS AT (305) 416-1800, VIA EMAIL AT PUBLICRECORDS@MIAMIGOV.COM, OR REGULAR MAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 SW 2ND AVENUE, 9TH FL, MIAMI, FL 33130. THE CONSULTANT MAY ALSO CONTACT THE RECORDS CUSTODIAN AT THE CITY OF MIAMI DEPARTMENT WHO IS ADMINISTERING THIS CONTRACT. Successful Bidder/Contractor's failure or refusal to comply with the provision of this Section shall result in the immediate cancellation of the Bid Contract by the City. Invitation for Bid (IFB) 1270388 1.71. QUALITY OF GOODS, MATERIALS, SUPPLIES, AND PRODUCTS - All materials used in the manufacturing, or construction of supplies, or materials, covered by the Formal Solicitation shall be new. The items bid shall be of the latest make or model, of the best quality, and of the highest grade of workmanship, unless as otherwise specified in the Formal Solicitation. 1.72. QUALITY OF WORK/SERVICES - The work/services performed shall be of the highest quality and workmanship. Materials furnished to complete the service shall be new and of the highest quality, except as otherwise specified in the Formal Solicitation. 1.73. REMEDIES PRIOR TO AWARD (SECTION 18-106) - If prior to a Bid Contract award, it is determined that a Formal Solicitation or proposed bid award is in violation of law, then the Formal Solicitation or proposed bid award shall be cancelled and all bids rejected by the City Commission, the City Manager, or the Chief Procurement Officer, as may be applicable, or revised to comply with the law. 1.74. RESOLUTION OF CONTRACT DISPUTES (SECTION 18-105): A. Authority to resolve Contract disputes. The City Manager, after obtaining the approval of the City Attorney, shall have the authority to resolve disputes between the Successful Bidder/Contractor and the City which arise under, or by virtue of, a Contract between them; provided that, in cases involving an amount greater than $25,000, the City Commission must approve the City Manager's decision. Such authority extends, without limitation, to disputes based upon breach of Contract, mistake, misrepresentation, or lack of complete performance, and shall be invoked by a Contractual Party by submission of a protest to the City Manager. B. Contract dispute decisions. If a dispute is not resolved by mutual consent, the City Manager shall promptly render a written report stating the reasons for the action taken by the City Commission, or the City Manager, which shall be final and conclusive. A copy of the decision shall be immediately provided to the protesting party, along with a notice of such party's right to seek judicial relief, provided that the protesting party shall not be entitled to such judicial relief without first having followed the procedure set forth in this Section. 1.75. RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (SECTION 18-104): (a) Right to protest. The following procedures shall be used for resolution of protested solicitations and awards except for purchases of goods, supplies, equipment, and services, the estimated cost of which does not exceed $25,000.00. Protests thereon shall be governed by the administrative policies and procedures of purchasing. (1) Protest of solicitation. a. Any prospective proposer who perceives itself aggrieved in connection with the solicitation of a contract may protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief procurement officer within three days after the request for proposals, request for qualifications or request for letters of interest is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the chief procurement officer; or b. Any prospective bidder who intends to contest bid specifications or a bid solicitation may protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief procurementofficer Invitation for Bid (IFB) 1270388 within three days after the bid solicitation is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the chief procurement officer. (2) Protest of award a. Any actual proposer who perceives itself aggrieved in connection with the recommended award of contract may protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief procurement officer within two days after receipt by the proposer of the notice of the city manager's recommendation for award of contract. The receipt by proposer of such notice shall be confirmed by the city by facsimile or electronic mail or U.S. mail, return receipt requested. A notice of intent to file a protest is considered filed when received by the chief procurement officer; or b. Any actual responsive and responsible bidder whose bid is lower than that of the recommended bidder may protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief procurement officer within two days after receipt by the bidder of the notice of the city's determination of non - responsiveness or non -responsibility. The receipt by bidder of such notice shall be confirmed by the city by facsimile or electronic mail or U.S. mail, return receipt requested. A notice of intent to file a protest is considered filed when received by the chief procurement officer. c. A written protest based on any of the foregoing must be submitted to the chief procurement officer within five days after the date the notice of protest was filed. A written protest is considered filed when received by the chief procurement officer. The written protest may not challenge the relative weight of the evaluation criteria or the formula for assigning points in making an award determination. The written protest shall state with particularity the specific facts and law upon which the protest of the solicitation or the award is based and shall include all pertinent documents and evidence and shall be accompanied by the required filing fee as provided in subsection (f). This shall form the basis for review of the written protest and no facts, grounds, documentation, or evidence not contained in the protester's submission to the chief procurement officer at the time of filing the protest shall be permitted in the consideration of the written protest. No time will be added to the above limits for service by mail. In computing any period of time prescribed or allowed by this section, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday in which event the period shall run until the end of the next day, which is neither a Saturday, Sunday or legal holiday. Intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of the time for filing. (b) Authority to resolve protests; hearing officer(s). Hearing officers appointed by the city shall have authority to resolve protests filed under this chapter of the City Code. The city manager shall appoint a hearing officer, from a separate list of potential hearing officers pre - approved by the city commission, to resolve protests filed in accordance with this section, no later than five working days following the filing of a bid protest. The hearing officer shall have the authority to settle and resolve any written protest. The hearing officer shall submit said decision to the protesting party and to the other persons specified within ten days after he/she holds a hearing under the protest. Invitation for Bid (IFB) 1270388 (1) Hearing officer. The hearing officer may be a special master as defined in chapter 2, article X, section 2-811 of the City Code, or a lawyer in good standing with the Florida Bar for a minimum of ten years with a preference given to a lawyer who has served as an appellate or trial court judge. The hearing officer may be appointed from alternative sources (e.g., expert consulting agreements, piggyback contracts, etc.) where the city commission adopts a recommendation of the city attorney that such action is necessary to achieve fairness in the proceedings. The engagement of hearing officers is excluded from the procurement ordinance as legal services. The hearing officers appointed in the pre -qualified group should be scheduled to hear protests on a rotationalbasis. (2) Right ofprotest. Any actual bidder or proposer who has standing under Florida law dissatisfied and aggrieved with the decision of the city regarding the protest of a solicitation or the protest of an award as set forth above in this section may request a protest hearing. Such a written request for a protest hearing must be initiated with a notice of intent to protest followed by an actual protest as provided in subsection 18-104(a). The notice of intent to protest and the actual protest must each be timely received by the chief procurement officer and must comply with all requirements set forth in subsection 18-104(a). Failure to submit the required notice of intent to protest and the actual protest within the specified timeframes will result in an administrative dismissal of the protest. (3) Hearing date. Within 30 days of receipt of the notice of protest, the chief procurement officer shall schedule a hearing before a hearing officer, at which time the person protesting shall be given the opportunity to demonstrate why the decision of the city relative to the solicitation or the award, which may include a recommendation for award by the city manager to the city commission, as applicable, should be overturned. The party recommended for award, if it is a protest of award, shall have a right to intervene and be heard. (4) Hearing procedure. The procedure for any such hearing conducted under this article shall be asfollows: a. The city shall cause to be served by certified mail a notice of hearing stating the time, date, and place of the hearing. The notice of hearing shall be sent by certified mail, return receipt requested, to the mailing address of the protester. b. The party, any intervenor, and the city shall each have the right to be represented by counsel, to call and examine witnesses, to introduce evidence, to examine opposing or rebuttal witnesses on any relevant matter related to the protest even though the matter was not covered in the direct examination, and to impeach any witness regardless of which party first called him/her to testify. The hearing officer may extend the deadline for completion of the protest hearing for good cause shown, but such an extension shall not exceed an additional five business days. The hearing officer shall consider the written protest and supporting documents and evidence appended thereto, supporting documents or evidence from any intervenor, and the decision or recommendation as to the solicitation or award being protested, as applicable. The protesting party, and any intervenor, must file all pertinent documents supporting his/her protest or motion to intervene at least five business days before the hearing, as applicable. The hearing officer shall allow a maximum of two hours for the protest presentation and a maximum of two hours for the city response. When there is an intervenor, a maximum of two hours will be added for the intervenor. In the event of multiple protests for the same project, the hearing officer shall allocate time as necessary to ensure that the hearing shall not exceed a total of one day. c. The hearing officer shall consider the evidence presented at the hearing. In any hearing before the hearing officer, irrelevant, immaterial, repetitious, scandalous, or frivolous evidence shall be excluded. All other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible whether or not such evidence would be admissible in trial in the courts of Florida. The hearing officer may also require written summaries, proffers, affidavits, and other documents the hearing officer determines to be necessary to conclude the hearing and issue a final order within the time limits set forth by this section. Invitation for Bid (IFB) 1270388 d. The hearing officer shall determine whether procedural due process has been afforded, whether the essential requirements of law have been observed, and whether the decision was arbitrary, capricious, an abuse of discretion, or unsupported by substantial evidence as a whole. Substantial evidence means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. e. Within ten days from the date of the hearing, the hearing officer shall complete and submit to the City Manager, the City Attorney, any intervenor, the Chief Procurement Officer, and the person requesting said hearing a final order consisting of his/her findings of fact and conclusions of law as to the denial or granting of the protest, as applicable. f. The decisions of the hearing officer are final in terms of city decisions relative to the protest. Any appeal from the decision of the hearing officer shall be in accordance with the Florida Rules of Appellate Procedure. (c) Compliance with filing requirements. Failure of a party to timely file either the notice of intent to file a protest or the written protest, together with the required filing fee as provided in subsection (f), with the chief procurement officer within the time provided in subsection (a), above, shall constitute a forfeiture of such party's right to file a protest pursuant to this section. The protesting party shall not be entitled to seek judicial relief without first having followed the procedure set forth in this section. (d) Stay of procurements during protests. Upon receipt of a written protest filed pursuant to the requirements of this section, the city shall not proceed further with the solicitation or with the award of the contract until the protest is resolved by the chief procurement officer or the city commission as provided in subsection (b) above, unless the city manager makes a written determination that the solicitation process or the contract award must be continued without delay in order to avoid an immediate and serious danger to the public health, safety or welfare. (e) Costs. All costs accruing from a protest shall be assumed by the protestor. (0 Filing fee. The written protest must be accompanied by a filing fee in the form of a money order or cashier's check payable to the city in an amount equal to one percent of the amount of the bid or proposed contract, or $5,000.00, whichever is less, which filing fee shall guarantee the payment of all costs which may be adjudged against the protestor in any administrative or court proceeding. If a protest is upheld by the chief procurement officer and/or the city commission, as applicable, the filing fee shall be refunded to the protestor less any costs assessed under subsection (e) above. If the protest is denied, the filing fee shall be forfeited to the city in lieu of payment of costs for the administrative proceedings as prescribed by subsection (e) above. (Ord. No. 12271, § 2, 8-22-02; Ord. No. 13629, § 2, 9-8-16) Invitation for Bid (IFB) 1270388 1.76. SAMPLES - Samples of items, when required, must be submitted within the time specified at no expense to the City. If not destroyed by testing, Bidder(s) will be notified by the City to remove such samples, at Bidder's expense, within 30 days after notification. Failure to remove the samples will result in such samples becoming the property of the City. 1.77. SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES - Successful Bidder/Contractor shall not sell, assign, transfer, or subcontract at any time during the term of the Contract, the Contract itself, or any portion thereof, or any part of its operations, or assign, sell, pledge, dispose, convey, or encumber any portion of the performance required by this Bid Contract, except under, and by virtue of written permission granted by the City through the proper officials, which may be withheld or conditioned, in the City's sole discretion. 1.78. SERVICE AND WARRANTY - When specified, the Bidder shall define all warranty, service, and replacements that will be provided. Bidders must explain on the Bid to what extent warranty and service facilities are available. A copy of the manufacturer's warranty, if applicable, should be submitted with Bidder'sresponse. 1.79. SILENCE OF SPECIFICATIONS - The apparent silence of the scope of work/specifications, and any supplemental scope of work/specification as to any detail or the omission from it, of detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail, and that only materials of first quality and correct type, size, and design shall be used. All workmanship and services shall be first quality. All interpretations of the scope of work/specifications shall be made upon the basis of this statement. If Bidder has a current contract with the State of Florida, Department of General Services, to supply the items in the Formal Solicitation, the Bidder shall quote not more than the contract price; failure to comply with this request will result in disqualification of the Bid. 1.80. SUBMISSION AND RECEIPT OF BIDS - Electronic Bid submittals to this IFB are to be submitted through BidSync Electronic Bidding System ("BidSync") until the date and time as indicated in the Solicitation. The responsibility for submitting a Bid on/or before the stated closing time and date is solely and strictly the responsibility of the Bidder. The City will in no way be responsible for delays caused by technical difficulties or caused by any other occurrence. Electronic Bid submissions may require the uploading of electronic attachments. The submission of attachments containing embedded documents or proprietary file extensions is prohibited. All documents should be attached as individual files and labeled. Any Bids received and time stamped through BidSync, prior to the Bid submittal deadline, shall be accepted as a timely submittal and anything thereafter will be rejected. Additionally, BidSync will not allow for the electronic Bid submittal after the closing date and time has lapsed. Bids will be opened promptly at the time and date specified. All expenses involved with the preparation and submission of Bids to the City, or any work performed in connection therewith, shall be borne by the Bidder(s). Accordingly, Bidder(s): 1. Must register, free of charge, with BidSync Electronic Bidding System ("BidSync") to establish an account in order to have access to view and/or respond to any solicitations issued by the City of Miami's Procurement Department ("City"). 2. Shall submit all Bids electronically. Hard copy Bid submittals will not be accepted. NO EXCEPTIONS. 3. Must submit the Certification Statement and associated solicitation documents which define requirements of items and/or services to be purchased and must be completed and submitted as outlined within the solicitation via BidSync. The use of any other forms and/or the modification of City forms will result in the rejection of the Bidder's Bid submittal. Invitation for Bid (IFB) 1270388 4. Shall ensure that the Certification Statement is fully completed and provided with your Bid. Failure to comply with these requirements may cause the Bid to be rejected. 5. Must ensure that an n authorized agent of the Bidder's firm signs the Certification Statement and submits it electronically. FAILURE TO SIGN THE CERTIFICATION STATEMENT SHALL DEEM THE BID NON -RESPONSIVE. 6. May be considered non -responsive if Bids do not conform to the terms and conditions of this solicitation. 1.81. TAXES - The City is exempt from any taxes imposed by the State and/or Federal Government. Exemption certificates will be provided upon request. Notwithstanding, Bidders should be aware that all materials and supplies that are purchased by the Bidder for the completion of the Bid Contract is subject to the Florida State Sales Tax in accordance with Section 212.08, Florida Statutes, as amended, and all amendments thereto, and shall be paid solely by the Bidder. 1.82. TERMINATION - The City Manager, on behalf of the City, reserves the right to terminate the Bid Contract by written notice to the Successful Bidder/Contractor effective as of the date specified in the notice, should any of the following apply: A. The Successful Bidder/Contractor is determined by the City, to be in breach of any of the terms and conditions of the Bid Contract. B. The City has determined that such termination will be in the best interest of the City, to terminate the Bid Contract for its own convenience. C. Funds are not available to cover the cost of the contracted goods and/or services. The City's obligation is contingent upon the availability of appropriate funds. 1.83. TERMS OF PAYMENT - Payment will be made by the City after the goods and/or services have been received, inspected, and found to comply with award specifications, free of damage, or defect, and properly invoiced. Payment will be made after delivery, within forty-five (45) days of receipt of an invoice, and authorized inspection and acceptance of the goods/services, and pursuant to Section 218.74, Florida Statutes, and other applicable law. 1.84. TIMELY DELIVERY - Time will be of the essence for any orders placed as a result of the Formal Solicitation. The City reserves the right to cancel such orders, or any part thereof, without obligation, if delivery is not made within the time(s) specified in the Bid. Deliveries shall be made during regular City business hours, unless otherwise specified in the Special Conditions. 1.85. TITLE - Title to the goods shall not pass to the City until after the City has inspected and accepted the goods or used the goods, whichever comes first. 1.86. TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE -All Bids submitted to the City are subject to public disclosure, pursuant to Chapter 119, Florida Statutes. An exception may be made for "trade secrets." If the Bid contains information that constitutes a "trade secret", all material that qualifies for exemption from Chapter 119, must be submitted in a separate envelope, clearly identified as "TRADESECRETS Invitation for Bid (IFB) 1270388 EXCEPTION," with Bidder's name, the Formal Solicitation number, and title marked on the outside. Please be aware that the designation of an item as a trade secret by Bidder may be challenged in court by any person. By Bidder's designation of material in Bidder's Response as a "trade secret" Bidder agrees to indemnify and hold harmless the City for any award to a plaintiff for damages, costs, or attorney's fees and for costs and attorney's fees, incurred by the City, by reason of any legal action challenging Bidder's claim. 1.87. UNAUTHORIZED WORK OR DELIVERY OF GOODS - Neither the Successful Bidder/Contractor nor any of their employees shall perform any work, or deliver any goods, unless a change order or purchase order is issued and received by the Successful Bidder/Contractor. The Successful Bidder/Contractor will not be paid for any work performed, or goods delivered outside the scope of the Bid Contract, or any work performed by Successful Bidder's/Contractor's employee(s) not otherwise previously authorized. 1.88. USE OF NAME - The City is not engaged in research for advertising, sales promotion, or other publicity purposes. No advertising, sales promotion, or other publicity materials containing information obtained from the Formal Solicitation shall be mentioned, or imply the name of the City, without prior express written permission from the City Manager, or the City Commission. 1.89. VARIATIONS OF SPECIFICATIONS - For purposes of the Formal Solicitation evaluation, Bidder(s) must indicate any variances from the Formal Solicitation scope of work/specifications and/or conditions, no matter how slight. If variations, are not stated on their Bid, it will be assumed that the product fully complies with the Formal Solicitation's scope of work/specifications. Invitation for Bid (IFB) 1270388 2. Special Conditions 2.1. PURPOSE The purpose of this Solicitation is to establish a contract, for the provision of playground equipment installation and repair services, as specified herein, from a source(s), fully compliant with the terms, conditions, and stipulations of the Solicitation. 2.1 PRE -BID CONFERENCE A Virtual Voluntary pre -bid conference will be held on Tuesday, August 24, 2021 at 10:00 A.M., via Teams Click here to join the meeting or via phone +1-786-598-2961, ID 553 168 701#. A discussion of the requirements of the Solicitation will occur at that time. Each potential Bidder is required, prior to submitting a Proposal, to acquaint itself thoroughly with any and all conditions and/or requirements that may in any manner affect the work to be performed. All questions and answers affecting the scope of work/specifications of the IFB will be included in an addendum, that will be distributed through BidSync, following the Pre -Proposal Conference to all the attendees. Because the City considers the Pre- Proposal Conference to be critical to understanding the Solicitation requirements, attendance is highly recommended. 23. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION Any questions or clarifications concerning this solicitation shall be submitted electronically via the Bidsync Portal. All questions must be received no later than Tuesday, August 31, 2021 at 5:00 P.M. All responses to questions will be sent to all prospective bidders/proposers in the form of an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. 2.4, TERM OF CONTRACT The Contract shall commence upon the date of notice of award and shall be effective for three (3) years with the option to renew for an additional three (3) years. 2.5. METHOD OF AWARD Award of the contract will be made to the lowest responsive and responsible Bidder(s) on a primary, secondary, and tertiary basis. In the event the primary Successful Bidder is unable to accept a project(s) due to capacity, time constraints, or other reasons acceptable to the City, the City will offer the project to the secondary Successful Bidder, and so on. Markup rate for parts purchased will be for informational purposes and will not be evaluated. 2.6. BIDDER'S MINIMUM QUALIFICATIONS Bids will be considered only from firms that, at the time of bid submittal, are regularly engaged in the business of providing goods and services, for a minimum of three (3) consecutive years, as described herein. The Bidder shall: 1. Be authorized by the equipment manufacturer(s), to provide playground system installation, repair, maintenance, and inspection services. Please provide letter of authorization or written factory/manufacturer certification from each manufacturer with your bid submittal; 2. Have a minimum of three (3) consecutive years of experience in providing playground equipment installation, repair, maintenance, and inspection services to governmental, educational, municipal Invitation for Bid (IFB) 1270388 agencies, or commercial entities, with scope of service requirements that are similar to services requested by the City; 3. Have and submit a copy of the General Contractor's License as issued by the State of Florida Department of Business and Professional Regulation ("DBPR"); or a skills certification and/or license required to provide playground equipment installation, repair, maintenance services to governmental, educational, municipal agencies, or commercial entities, and be able to pull permits as required by the State of Florida, Miami -Dade County, and City of Miami; 4. Have and submit a copy of the Certified Playground Safety Inspection ("CPSI") certificate as issued by the National Recreation and Park Association ("NRPA"), or employ personnel with a CPSI certificate, and submit with your bid submittal; 5. List three (3) references, for your firm for projects within the last three (3) consecutive years, in the Certification Statement, evidencing the minimum three (3) consecutive years' experience in the specified work herein; 6. Have sound financial conditions and sufficient support, equipment, and personnel to ensure that they can satisfactorily execute the services if awarded a Contract under the terms and conditions stated herein; and 7. Not have a member, officer, or stockholder that is in arrears or is in default of any debt or Contract involving the City, is a defaulter surety otherwise, upon an obligation to the City and/or has failed to perform faithfully on any previous Contract with the City. Notes: 1. Copies of licenses, all certifications, letters of authorization or written factory/manufacturer certification, and signed Certification Statement with references, for your firm shall be submitted with your bid submittal; and 2. Failure to submit the above licenses, all certifications, letters of authorization or written factory/manufacturer certification, and signed Certification Statement with references, for your firm with your bid submittal, shall render your bid non -responsive. 2.7. SUBCONTRACTORS SHALL BE IDENTIFIED A Sub -Contractor is an individual or firm contracted by the Successful Bidder(s) to assist in the performance of services required under this Solicitation. A Sub -Contractor shall be paid through the Successful Bidder'(s)' firm and not paid directly by the City. Sub -Contractors are allowed by the City in the performance of the services delineated within this Solicitation. Bidders must clearly reflect in their bid response the major Sub -Contractors to be utilized in the performance of required services. The City retains the right to accept or reject any Sub -Contractors proposed in the response of the Bidders or prior to Contract execution. Any and all liabilities regarding the use of a Sub -Contractor shall be home solely by the Successful Bidder(s) and the insurance for each Sub -Contractor must be maintained in good standing and approved by the City throughout the duration of the Contract. Neither Successful Bidder(s) nor any of their Sub -Contractors are considered to be employees or agents of the City. Failure to list all Sub -Contractors and provide the required information may disqualify any proposed Sub -Contractors from performing work under this Solicitation. Bidders shall include in their bid response the requested Sub -Contractor information and include all relevant information required of the Bidder. In addition, within five (5) working days after the identification of the Award to the Successful Bidder(s), the Successful Bidder(s) shall provide a list confirming the Sub -Contractors that the Successful Bidder(s) intend to utilize in the Contract, if applicable. The list shall include, at a minimum, the name, location of the place of business for each Sub -Contractor, the services the Sub -Contractor will provide relative to any Contract that may result from this Solicitation, any applicable licenses, references, ownership, and other information required of the Successful Bidder(s). 2A SUBCONTRACTOR(S)'S MINIMUM REQUIREMENTS Successful Bidder(s) must list any or all subcontractor(s) that may be utilized to assist in the performance of the work specified herein. Any subcontractor(s) listed must meet the same requirements and submit the same information listed under the Bidder's Minimum Qualification section. All information required shall be included in the solicitation process. If Successful Bidder(s) does not include any subcontractor(s) as part of its bid submittal,it Invitation for Bid (IFB) 1270388 will be construed that Successful Bidder(s) will be able to handle the entire workload by itself and will not be allowed to subcontract any of the work. 29. REFERENCES Each bid must be accompanied by a list of three (3) references, in the Certification Statement, from governmental, educational, municipal agencies, or commercial entities, for which Bidder has provided playground equipment installation, repair, maintenance, and inspection services to within the last three (3) consecutive years. NO BID WILL BE CONSIDERED WITHOUT THIS LIST. 2.10. EMPLOYEES The employee(s) shall at all times wear their company issued identification. Should the Successful Bidder(s) not issue such a form of identification, the employee(s) shall wear an issued badge from the facility being serviced. The facility may require both a facility badge and a company badge. The Successful Bidder(s)' employee, regardless of the nature of the call, shall always identify themselves to the Park Administrator, request to speak with the Project Manager or designee, and sign in and out. 2.11. LEVEL II BACKGROUND CHECKS JESSICA LUNSFORD ACT (JLA) BACKGROUND SCREENING REQUIREMENTS: In accordance with the requirements of Sections, 1012.465, and 1012.32 and 1012.467, Florida Statutes, as amended from time to time, Successful Bidder agrees that, if Successful Bidder receives remuneration for services, Successful Bidder and all of its employees who provide or may provide services under this Contract will complete criminal history checks, and all background screening requirements, including level 2 screening requirements as outlined in the above -referenced statutes for any work to be performed in City parks. Pursuant to the 2007 amendments to the JLA enacted by the Florida Legislature, requirements for certain fingerprinting and criminal history checks shall be inapplicable to non -instructional contracted personnel who qualify for exemption from Level 2 screening requirements as provided under Section 1012.468 of the Florida Statutes. In addition, the provisions of Section 1012.467 of the Florida Statutes are incorporated herein by reference, and any provisions that may be inconsistent with, contrary to, or determined to be in conflict with said Section 1012.467, will be superseded by said statute. A non -instructional Successful Bidder who is exempt from the screening requirements set forth in Sections 1012.465, 1012.468 or 1012.467 of the Florida Statutes, is subject to a search of his or her name or other identifying information against the registration information regarding sexual predators and sexual offenders maintained by the Department of Law Enforcement under Section 943.043 and the national sex offender public registry maintained by the United States Department of Justice. Successful Bidder will not be charged for this search. Further, upon obtaining clearance by City the City will issue a photo identification badge consistent with any statutory requirements, which shall be worn by the individual at all times while on City property when children are present. Successful Bidder agrees to bear any and all costs associated with acquiring the required background screening, including any costs associated with fingerprinting and obtaining the required photo identification badge. Successful Bidder agrees to require all its affected employees to sign a statement, as a condition of employment with Successful Bidder in relation to performance under this Contract, agreeing that the employee will abide by the heretofore described background screening requirements, and also agreeing that the employee will notify the Successful Bidder/Employer of any arrest(s) or conviction(s) of any offense within 48 hours of its occurrence. Successful Bidder agrees to provide the City with a list of all of its employees who have completed background screening as required by the above -referenced statutes and who meet the statutory requirements contained therein. Invitation for Bid (IFB) 1270388 Successful Bidder agrees that it has an ongoing duty to maintain and update these lists as new employees are hired and in the event that any previously screened employee fails to meet the statutory standards. Successful Bidder further agrees to notify the City immediately upon becoming aware that one of its employees, who was previously certified as completing the background check and meeting the statutory standards, is subsequently arrested or convicted of any disqualifying offense. Failure by Successful Bidder to notify the City of such arrest or conviction within 48 hours of being put on notice and within five (5) business days of the occurrence of qualifying arrest or conviction, shall constitute grounds for immediate termination of this Contract by the City and removal from the Pool. The parties further agree that failure by Successful Bidder to perform any of the duties described in this section shall constitute a material breach of the Contract entitling the City to terminate this Contract immediately with no further responsibility to make payment or perform any other duties under this Contract. 2.12. INSURANCE REQUIREMENTS INDEMNIFICATION Successful Bidder(s) shall indemnify, hold and save harmless, and defend (at its own cost and expense), the City, its officers, agents, directors, and/or employees, from all liabilities, damages, losses, judgements, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Successful Bidder(s) and persons employed or utilized by Successful Bidder(s) in the performance of this Contract. Successful Bidder(s) shall further, hold the City, its officials, and employees, indemnify, save and hold harmless for, and defend (at its own cost), the City its officials and/or employees against any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted Work, even if it is alleged that the City, its officials, and/or employees were negligent. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, the Successful Bidder(s) shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The Successful Bidder(s) expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the Successful Bidder(s) shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents, and instrumentalities as herein provided. The indemnification provided above shall obligate the Successful Bidder(s) to defend, at its own expense, to and through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against the City, whether performed by the Successful Bidder(s), or persons employed or utilized by Successful Bidder(s). These duties will survive the cancellation or expiration of the Contract. This Section will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended. Successful Bidder(s) shall require all sub -contractor agreements to include a provision that each sub -contractor will indemnify the City in substantially the same language as this Section. The Successful Bidder(s) agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Successful Bidder(s) in which the City participated either through review or concurrence of the Successful Bidder(s)' actions. In reviewing, approving, or rejecting any submissions by the Successful Bidder(s) or other acts of the Successful Bidder(s), the City, in no way, assumes or shares any responsibility or liability of the Successful Bidder(s) or sub -contractor under this Contract. Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by the Successful Bidder(s). Please see Insurance Addendum, in the Documents Section of this solicitation for insurance definitions, requirements, and conditions. Invitation for Bid (IFB) 1270388 The Successful Bidder(s) shall furnish to City of Miami, c/o Procurement Department, 444 SW 2nd Avenue, 6th Floor, Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: (1) Worker's Compensation A. Limits of Liability Statutory — State of Florida Waiver of Subrogation Employer's Liability A. Limits of Liability $100,000 for bodily injury caused by an accident, each accident $100,000 for bodily injury caused by disease, each employee $100,000 for bodily injury caused by disease, policy limit (2) Commercial General Liability (Primary and Non -Contributory) A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence: $1,000,000 General Aggregate Limit: $2,000,000 Personal and Adv. Injury $1,000,000 Products and Completed Operations and Fire Damage: $1,000,000. B. Endorsements Required City of Miami included as an Additional insured. Contingent and contractual liability Premises and Operations Liability Primary Insurance clause endorsement Invitation for Bid (IFB) 1270388 (3) Business Automobile Liability A. Limits of Liability Bodily injury and property damage liability Combined single limits Owned/Scheduled Autos Including Hired, Borrowed, or non -owned autos Any One Accident $1,000,000 B. Endorsements Required: City of Miami included as an Additional Insured BINDERS ARE UNACCEPTABLE. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the Successful Bidder(s). All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The Company must be rated no less than "A" as to management, and no less than "Class V" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and/or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. Certificates will indicate no modification or change in insurance shall be made without thirty (30) days written advance notice to the certificate holder. NOTE: CITY BID NUMBER AND/OR TITLE OF BID MUST APPEAR ON EACH CERTIFICATE. Compliance with the foregoing requirements shall not relieve the Successful Bidder(s) of their liability and obligation under this section or under any other section of this Agreement. --If insurance certificates are scheduled to expire during the contractual period, the Successful Bidder(s) shall be responsible for submitting new or renewed insurance certificates to the City at a minimum of ten (10) calendar days in advance of such expiration. --In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the City shall: (4) Suspend the contract until such time as the new or renewed certificates are received by the City in the manner prescribed in the Invitation To Bid. (5) The City may, at its sole discretion, terminate this contract for cause and seek re -procurement damages from the Successful Bidder(s) in conjunction with the General and Special Terms and Conditions of the Bid. The Successful Bidder(s) shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in force for the duration of the contractual period; including any and all option terms that may be granted to the Successful Bidder(s). Invitation for Bid (IFB) 1270388 2.13. STANDARDS AND GUIDELINES The Successful Bidder(s) shall follow all guidelines, rules, and regulations set forth in the most recent Federal, State of Florida, and local building and safety codes as well as the standards of the following agencies, whichever is more stringent: 1. National Recreation Park Association (NRPA); 2. Building Officials and Code Administration (BOCA); 3. American National Standards Institute (ANSI); 4. American Society of Testing Materials (ASTM); and 5. City of Miami and Miami -Dade County Codes. 2.14. PERFORMANCE The Successful Bidder(s) shall be held fully responsible for performing all the work necessary to meet City standards in a safe, neat, and good workmanlike manner, using only generally accepted methods in carrying out the work and complying with all federal and state laws as well as any and all City of Miami ordinance and codes relating to such work. 2.15. CURES Please refer to Section 1.56 Notice Regarding "Cures" of the General Terms and Conditions of this solicitation. 2.16. SUBMISSION AND RECEIPT OF BIDS Please refer to Section 1.80, Submission and Receipt of Bids of the General Terms and Conditions of this solicitation. 2.17. CITY OF MIAMI LIVING WAGE ORDINANCE The City of Miami adopted a Living Wage Ordinance for City Service Contracts with a total contract value exceeding $100,000 annually, and that have been competitively solicited and awarded on, of after January 1, 2017 by the City. "Service Contract'' means a contract to provide services to the City, excluding, however, professional services as defined by the "Consultants Competitive Negotiation Act" set forth in F.S. § 287.055, and Section 18-87 of the City Code, and/or the other exclusions provided by Section 18-557 of the City Code. Section 18-557 is attached as Attachment A in the Document section of this solicitation. Please see provision in Attachment A. If a solicitation requires services, effective on January 1, 2017, the Successful Bidder(s) must pay to all their employees, who provide services, a living wage of no less than $15.00 per hour without health benefits; or a wage of no less than $13.19 per hour, with health benefits. This language is only a summary of the key provisions of the City of Miami Living Wage Ordinance. Please review Attachment A, attached hereto, for a complete and thorough description of the City of Miami Living Wage Ordinance. Invitation for Bid (IFB) 1270388 2.1& TIE BIDS Whenever two or more Bids which are equal with respect to price, quality and service are received by the City for the procurement of commodities or contractual services, a Bid received from a business that certifies that is has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie Bids will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: (1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the action that will be taken against employees for violations of such prohibition. (2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug - free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in subsection (1). (4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under Bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. (5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. (6) Make a good faith effort to continue to maintain a drug -free workplace through implementation of thissection. 2.19. NON -APPROPRIATION OF FUNDS In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under this Contract, then the City, upon written notice to the Successful Bidder(s) or their assignee of such occurrence, shall have the unqualified right to terminate the Contract without any penalty or expense to the City. No guarantee, warranty or representation is made that any particular or any project(s) will be awarded to any firm(s). 2.20. PROJECT MANAGER Upon award, Successful Bidder(s) shall report and work directly with, Tom Calautti, Senior Construction Coordinator, and Ricardo Rodriguez, Construction Coordinator, or designee, who shall be designated as the Project Managers for the City. 2.21. HOURLY REPAIR RATES AND MARKUP Non -Immediate Repairs When the Successful Bidder(s) has been notified of services needed, the Successful Bidder(s) shall arrive within twenty-four (24) hours from the first point of contact from the Project Manager or designee. If the Successful Bidder(s) fails to arrive within twenty-four (24) hours, the Successful Bidder(s) will be found to be in default. Pursuant to Section 2.44, Termination, the City reserves the right to terminate this Contract if the Successful Bidder(s) fails to respond to more than three (3) consecutive services calls. Invitation for Bid (IFB) 1270388 In the event that non -immediate repairs for services calls are expected to exceed $5,000 the Successful Bidder(s) shall only make the site secure and safe. The Successful Bidder(s) shall submit an estimate for repairs the same day services are requested, in order to obtain a Notice to Proceed for non -immediate repairs. Once Notice to Proceed has been issued by the City, the Successful Bidder(s) may begin permitting process, purchasing of materials and any site prep work needed. Immediate Repairs If playground repairs are required immediately, it will be communicated to the Successful Bidder(s) by the Project Manager or designee. The Successful Bidder(s) shall provide a call back to the Project Manager or designee within two (2) hours, otherwise the Successful Bidder(s) will be found to be in default. For immediate repairs, the Successful Bidder(s) is expected to arrive at the work site to fix or secure the problem within twelve (12) hours from the point of contact from the Project Manager or designee. Pursuant to Section 2.44, Termination, the City reserves the right to terminate this Contract if the Successful Bidder(s) fails to respond to more than three (3) consecutive service calls. The Successful Bidder(s) shall be allowed up to twelve (12) hours maximum for immediate repairs. If repair will exceed twelve (12) hours, the Successful Bidder(s) must obtain written authorization from the Project Manager or designee. If Successful Bidder(s) is found to be in default, they shall remove all equipment, tools, unused materials and construction debris within forty-eight (48) hours from being notified via default notice. The hourly rates quoted shall include full compensation for labor, equipment use, travel time, and any other related costs to the Successful Bidder. Regular Labor Rate - Hourly rate for straight time for removal, repair, and installation, from 8:00 AM - 5:00 PM, Monday - Friday. Markup rate for parts purchased will be for informational purposes and will not be evaluated. LEGAL HOLIDAYS New Year's Day Martin Luther King's Birthday President's Day Memorial Day Juneteenth (June 19) Fourth of July Labor Day Columbus Day Veterans' Day Thanksgiving Day Friday after Thanksgiving Day Christmas Day 2.22. LICENSES AND PERMITS The Successful Bidder(s) shall secure, at their own expense, all licenses and permits and shall fully comply with all applicable laws, regulations, and codes as required by the State of Florida, county, or local agency. The Successful Bidder(s) must fully comply with all federal and state laws, county and municipal ordinances, and regulations in any manner affecting the execution of the work. Any fines or penalties to the Successful Bidder(s) shall be paid at the Successful Bidder(s)' expense. Invitation for Bid (IFB) 1270388 2.23. WORKMANSHIP AND MATERIALS All parts installed and materials used in performance of this Contract shall be new and unused (of current design or manufacture). Salvage materials will not be allowed without the express consent of the City. All materials and workmanship shall be of the highest quality and shall conform to all applicable Building Codes, so as to ensure safe and functional operation. The City shall be the sole judge as to parts and workmanship. 2.24. LABOR, SUPERVISION, AND EQUIPMENT The Successful Bidder(s) shall furnish, at their own expense, all labor, supervision, supplies, and equipment necessary for satisfactory completion of all the services as specified in the IFB. All equipment shall be maintained in an efficient and safe operating condition while performing work under the contract. Equipment must have all proper safety devices required by law which shall be properly maintained and in use at all times. To this regard, the City reserves the right to request a list of such items for approval of use. It may require a change of designated item(s) that are deemed by the City as unsafe, or which may create an uncomfortable environment and/or service to City employees or patrons. Successful Bidder(s) shall be solely responsible for the equipment used on this contract. The City will not provide any storage facilities for said equipment or supplies. 2.25. PERSONNEL The Successful Bidder(s) shall be deemed to represent that it has, or will have upon the award of the contract, all necessary personnel required to perform all services arising from the award of the Contract. All services required herein shall be performed by the Successful Bidder(s) and all personnel engaged in performing the services shall be qualified to perform such services. 2.26. WARRANTY The Successful Bidder(s) shall be required to Warranty all work performed for up to one (1) year from the accepted date of completion for all products provided herein. The Successful Bidder(s) warrants that at the time of delivery all supplies furnished under this Contract will be free from defects in material or workmanship and will conform with the specifications and all other requirements of the Contract; provided, however, that with respect to City furnished property, the Successful Bidder(s)'s warranty shall extend only to its proper installation, unless the Successful Bidder(s) performs some modification of other work on such property, in which case the Successful Bidder(s)'s warranty shall extend to such modification or other work. The Successful Bidder(s) shall be responsible for promptly correcting any deficiency, at no cost to the City, within five (5) calendar days after the City notifies the Successful Bidder(s) of such deficiency in writing. If the Successful Bidder(s) fails to honor the warranty and/or fails to correct or replace the defective work or items within the period specified, the City may, at its discretion, notify the Successful Bidder(s), in writing, that the Successful Bidder(s) may be debarred as a City Bidder and/or subject to contractual default if the corrections or replacements are not completed to the satisfaction of the City within ten (10) calendar days of receipt of the notice. If the Successful Bidder(s) fails to satisfy the warranty within the period specified in the notice, the City may (a) place the Successful Bidder(s) in default of its Contract, and/or (b) procure the products or services from another Successful Bidder(s) and charge the Successful Bidder(s) for any additional costs that are incurred by the City for this work or items, either through a credit memorandum or through invoicing. 2.27. PRIMARY CLIENT (FIRST PRIORITY) The Successful Bidder(s) agree upon award of this Contract that the City of Miami shall be its primary client and shall be serviced first during a schedule conflict arising between this Contract and any other Contract Successful Bidder(s) may have with any other cities and/or counties to perform similar services as a result of any catastrophic events such as tornadoes, hurricanes, severe storms, or any other public emergency impacting various areas during or approximately the same time. 2.28. DELAYS The Successful Bidder(s) shall notify the City of any actual or potential delays in any services or repairs. Invitation for Bid (IFB) 1270388 2.29. FORCE MAJEURE Successful Bidder(s) shall not be liable for any failure of or delay in the performance of this Contract for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to act of God, war, strikes or labor disputes, embargoes, government orders or any other force majeure event. 230. USE OF PREMISES The Successful Bidder(s) shall confine their equipment, apparatus, the storage of materials, and the operation of their workers to the limits indicated by law, ordinances, permits, or direction of the Project Manager, nor designee, and shall not unreasonably encumber the premises with their materials. The Successful Bidder(s) shall take all measures necessary to protect their own materials. 231. DAMAGES Any damage caused by the Successful Bidder(s) shall be reported to the Project Manager, or designee, either in person or in writing. Successful Bidder(s) shall be responsible for paying for any and all damages of which may be paid via credit against monthly billing or by direct payment. The Successful Bidder(s) shall carry out the work with such care and methods as not to result in damage to public or private property adjacent to the work. Should any public or private property be damaged or destroyed, the Successful Bidder(s), at their expense, shall repair or make restoration as is practical and acceptable to the City and/or owners of destroyed or damaged property promptly within a reasonable length of time. (Not to exceed one (1) month from date damage was done). 232. SAFETY MEASURES Successful Bidder(s) shall take all necessary precautions for the safety of employees and shall erect and properly maintain at all times all necessary safeguards for the protection of the employees and the public. Danger signs warning against hazards created by their operation and work in progress must be posted. Successful Bidder(s) shall provide adequate barriers, flag person, traffic cones, signs and/or warning devices during the performance of the contract. All employees of Successful Bidder(s) shall be expected to wear safety glasses or goggles, appropriate clothing, and hearing protection when and wherever applicable. The Successful Bidder(s) shall use only equipment that is fully operational and in safe operating order. Equipment remaining on site shall be locked and secure. All hand tools shall be removed daily from the site. Successful Bidder(s) shall be especially careful when servicing property when pedestrians and/or vehicles are in close proximity - work shall cease until it is safe to proceed. Any damage to public or private property as the result of operations of the Successful Bidder(s), shall be the sole responsibility of the Successful Bidder(s) and shall be repaired by the Successful Bidder(s), their forces, or their selected personnel, to the satisfaction of the Project Manager, or designee, of the Department of Parks and Recreation of the City of Miami ("Parks"). 233. PUBLIC CONVENIENCE AND SAFETY The Successful Bidder(s) shall conduct their work so as to interfere as little as possible with private business or public travel. The Successful Bidder(s) shall, at their own expense, whenever necessary or required, maintain barricades, maintain lights, and take such other precautions as may be necessary to protect life and property, and the Successful Bidder(s) shall be liable for all damages occasioned in any way by their actions or neglect or that of its agents or employees. The Successful Bidder(s) shall meet the following noise abatement performance standards for all construction equipment: Between the hours of 7:00 A.M. and 10:00 P.M. noise levels shall not exceed 65 dBA at the nearest residential or commercial property line. Invitation for Bid (IFB) 1270388 Operation of equipment should be avoided between the hours of 10:00 P.M. and 7:00 A.M., but if required, the noise level shall not exceed 65 dBA. 234. FINAL CLEAN-UP Upon completion of the work and before acceptance and final payment is made, the Successful Bidder(s) shall clean, remove, and properly dispose of from the premises, all surplus and discarded materials, rubbish, and temporary structures, and shall restore in an acceptable manner all property, both public and private, which has been damaged during the performance of the work, and shall leave the area in a neat and presentablecondition. 235. COMPLETED WORK The City shall be notified by the Successful Bidder(s) upon completion of work. The City shall inspect and approve completed work before authorizing payment. Work not satisfactorily completed shall be redone by the Successful Bidder(s) at no additional charge to the City. 236. QUALITY OF WORK All work shall be performed using superior maintenance standards and techniques. The frequencies established for repetitive maintenance tasks are minimum frequencies, which must be increased if deemed necessary and requested by the City. Failure to perform under the terms and conditions of this Contract will cause the Project Manager, or designee, to submit a Vendor Performance Form to the Procurement Department for follow-up. Should the Procurement Department receive three (3) Vendor Performance Forms, then the Successful Bidder(s) will be immediately removed from the Contract for the remainder of the Contract period. 237. DOCUMENTATION The Successful Bidder(s) shall leave the Project Manager, or designee a copy of the service order and/or other applicable documentation of the visit. This documentation shall reflect, in detail, the work performed and recommendations, if any. In the case of unscheduled visits, the documentation of the same shall be left with the facility administrator, should the Project Manager, or designee not be available. 23K INVOICING Invoices submitted for payment by the City shall contain purchase order number, work order number (if applicable), details of the service performed, number of labor hours, hourly rate, total man hours billed, and material furnished, and actual cost itemized separate from the labor rated and number of labor hours. Copies of invoices or other appropriate documentation including available receipts for materials purchased or supplied shall be provided for each job to support their actual costs prior to reimbursement. Failure to itemize the aforementioned will result in the invoice being returned for adherence to the same. Material cost including unit prices shall be listed as separate items. Materials, parts or equipment shall be invoiced as Successful Bidder(s)'s actual cost to include any and all discounts offered by their supplier. Material prices submitted are subject to verification by the Project Manager, or designee. Should the Successful Bidder(s) fail to submit any required documentation, including properly prepared invoices and/or should the City determine the invoice to differ from the actual work performed, the City will not be responsible for payment of such. The City will only be responsible for payment of actual work performed, and upon properly submitted invoices/documentation. 239. METHOD OF PAYMENT Payment will be made within thirty (30) days arrears for services rendered the previous month, upon submission of properly certified/approved invoices or inspection reports. All such information shall be provided to the Project Manager, or designee of the City facility serviced for their approval in advance of payment. The City will pay the Contract price minus any liquidated damages and/or other damages to the Successful Bidder(s) upon final completion and acceptance. Damages caused by the Successful Bidder(s) employee(s) shall be estimated by the Project Manager, or designee, and computed actual costs of repairs shall be deducted from the Successful Bidder(s)'s monthly billing(s). Invitation for Bid (IFB) 1270388 Proven theft made by the Successful Bidder(s)'s employee(s), shall result in the replacement of the identified item(s), and all replacement costs shall be deducted from the Successful Bidder(s)'s total monthly billing. 2.40. ADDITIONS/DELETIONS OF FACILITIES/PRODCUTS/ITEMS/SERVICES/SUPPLIERS Although this Solicitation identifies specific facilities/products/items/services/suppliers, it is hereby agreed and understood that any facility/product/item/service/supplier may be added/deleted to/from this Contract at the option of the City. When an additional facility/product/item/service to the Contract is required, the supplier shall be invited to submit price quotes for these new facility/product/item/services. If prices are not competitive or not carried, the City maintains the right to add additional suppliers to the Contract to carry those items required. If these quotes are comparable with market prices offered for similar facilities/products/items/services, they shall be added to the Contract, whichever is in the best interest of the City, and an addendum and a separate purchase order shall be issued by the City. 2.41. FAILURE TO PERFORM Should the successful Bidder(s) fail to perform in full accordance, at any time, with the specifications as cited in this IFB, Successful Bidder(s) may be determined to be in default of the Contract. Successful Bidder(s) shall be required to have sufficient equipment, supplies, and materials, at all times shall be grounds for default. At no time shall the Successful Bidder(s) be paid for any day that Successful Bidder's personnel fail to show up at a facility or fail to perform in full accordance with the specifications and to the satisfaction of the Project Manager, or designee. Should this occur, the City will deduct liquidated damages as indicated under said provision. Should the Successful Bidder(s) fail to perform in accordance with the Contract as determined solely by the City, the City shall make the determination to deem the Successful Bidder(s) in default. The City shall be the sole judge of non-performance, failure to perform, and default of Contract. The date of termination shall be stated in written notice. Should it not be possible to reach the Successful Bidder(s) or Successful Bidder(s)' supervisor and/or should remedial action not be taken within forty-eight (48) hours of any failure to perform according to specifications, the City reserves the right to deem the Successful Bidder(s) in default of the Contract or make appropriate reductions in the Contract payment. 2.42. LIQUIDATED DAMAGES Successful Bidder(s) shall provide all services for each location as listed in Section 3.1., Specifications/Scope of Work. If the Successful Bidder(s) fail to deliver the necessary maintenance and/or repair services, it is understood that $100.00 per calendar day per location not services will be deducted, as liquidated damages, not as a penalty, but as a form of compensation for the loss of not having the use and enjoyment of a functioning play court to maintain the quality of life and public image of the City of Miami. 2.43. DISCONTINUATION OF EQUIPMENT In the event items requested are discontinued by the manufacturer, the Successful Bidder(s) shall substitute an approved equivalent replacement item from the same manufacturer at equal or lower pricing. The Successful Bidder(s) shall advise the City of any anticipated discontinuations. Proposed replacement equipment must be submitted for review and approval prior to completion of any substitution. 2.44. TERMINATION A. FOR DEFAULT If Successful Bidder(s) defaults in its performance under this Contract and does not cure the default within thirty (30) days after written notice of default, the City Manager may terminate this Contract, in whole or in part, upon written notice without penalty to the City of Miami. In such event the Successful Bidder(s) shall be liable for damages including the excess cost of procuring similar supplies or services: provided that if, (1) it is determined for any reason that the Successful Bidder(s) was not in default or (2) the Successful Bidder(s)'s failure to perform is without their or their subcontractor's control, fault or negligence, the termination will be deemed to be a termination for the convenience of the City of Miami. Invitation for Bid (IFB) 1270388 B. FOR CONVENIENCE The City Manager may terminate this Contract, in whole or in part, upon thirty (30) days prior written notice when it is in the best interest of the City of Miami. If this Contract is for supplies, products, equipment, or software, and so terminated for the convenience by the City of Miami the Successful Bidder(s) will be compensated in accordance with an agreed upon adjustment of cost. To the extent that this Contract is for services and so terminated, the City of Miami shall be liable only for payment in accordance with the payment provisions of the Contract for those services rendered prior to termination. 2.45. ADDITIONAL TERMS AND CONDITIONS No additional terms and conditions included as part of your solicitation response shall be evaluated or considered, and any and all such additional terms and conditions shall have no force or effect and are inapplicable to this solicitation. If submitted either purposely, through intent or design, or inadvertently, appearing separately in transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed that the General Conditions and Special Conditions in this solicitation are the only conditions applicable to this solicitation and that the Successful Bidder(s)'s authorized signature affixed to the Successful Bidder(s)'s acknowledgment form attests to this. Invitation for Bid (IFB) 1270388 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK There are approximately one hundred and forty-one (141) park facilities located within the City of Miami ("City"). This solicitation is designed to acquire services necessary to repair the City's playground equipment in a timely, efficient, and safe manner. The Successful Bidder(s) shall be required to provide, but not limited to, the following, necessary to furnish and install playground equipment, including repairs, on an as needed basis, for the Department of Parks and Recreation ("Parks"): 1. Alllabor; 2. Materials; 3. Tools; 4. Equipment; 5. Staging; 6. Permit fees; 7. Licenses; 8. Any and all necessary tests; 9. Bonds; 10. Signed and sealed shop drawings; 11. All professional services by a Florida licensed, Architectural/Engineering personnel; 12. Inspections; 13. Hoisting; 14. Hauling; 15. Shoring; 16. Taxes; 17. Heavy equipment; 18. Temporary fencing, safety barriers; 19. Tree protection services; 20. Temporary portable restroom (one (1) handicap, and one (1) standard as requested in writing by the end user department, on an as needed basis, the City will reimburse the Successful Bidder(s) the portable restroom(s) at the market cost); and 21. Supervision, required for the proper and complete performance of any required work under this Contract. Materials including but not limited to grass, rubber tiles, mulch, and concrete shall be provided and quoted by the Successful Bidder(s) and approved by the Project Manager or designee, prior to the purchase of said materials. All equipment related to these materials shall be furnished by the Successful Bidder(s) at the Successful Bidder(s)' expense. Additionally, Successful Bidder(s) shall, at a minimum, but not limited to: 1. Perform work as needed and as requested byParks; 2. Visit the designated sites at the discretion of Parks, identify, and confirm necessary repairs, and furnish a quote for said repair prior to scheduling the work; 3. Provide and use only "new" repair parts or materials on any Parks' project. Factory "seconds", refurbished, defected, discontinued, and/or surplus aftermarket parts and supplies are notacceptable; 4. Repair any and all damages to poured in place ("PIP"), fencing or surrounding area at Successful Bidder's cost; 5. Be responsible for permanent and all necessary protection of work site (i.e., barricades, caution tape, windscreens, etc.), including but not limited to existing/new equipment, appliances, and accessories. The site protection shall be removed only after passing final inspection by the Project Manager or designee. The Successful Bidder(s) will be solely responsible for protection of work at all times; 6. Include the construction and removal of any temporary access to site (if any); 7. Obtain written approval from the Project Manager or designee prior to final paymentrelease; Invitation for Bid (IFB) 1270388 8. Obtain written approval from Project Manager or designee for any deviation, changes to the original design, including but not limited to parts and finishes. Submit change order request, or any other deviation request in writing to the Project Manager or designee, and obtain written approval; 9. Provide the City with a one (1) year labor, and a seven (7) year material standard Warranty Certificate prior to final payment; 10. Remove and dispose of debris offsite. The Park facilities' dumpster shall not be used to dispose of any debris related to the project's work; 11. Leave site in "ready" for use conditions; 12. Upon request, the Successful Bidder(s) will be required to re -install or re -use existing Parks' parts and materials. Any additional repair parts or materials required to complete the project must comply with item# 2 above; 13. Standard repair, installation, and/or inspection times shall be coordinated between the Successful Bidder(s) and the Project Manager or designee; 14. All work shall be performed on site unless by the nature of the required repairs, deems it necessary for the part to be repaired at the Successful Bidder(s)' facility. If any equipment is to be down formore than twelve (12) hours, the Successful Bidder(s) will provide and erect safety barriers around the affected area. The Project Manager or designee will be immediately informed about the shut -down and any additional repair costs must be approved prior to the start of the work; 15. The Successful Bidder(s) shall be in direct communication with the Project Manager or designee in the event of an emergency. Successful Bidder(s) is to provide the Project Manager or designee with all emergency contact numbers; 16. Temporary fencing/barricades shall be included for all jobs up to twelve (12) hours work shift. Temporary fencing beyond a twelve (12) hour shift must be approved in writing by the Project Manager or designee prior to the performance of any work or invoicing for the same; 17. Any obvious error or omission in specifications shall not be used to the benefit of the Successful Bidder(s) but shall put the Successful Bidder(s) on notice to inquire of or identify the same fromProject Manager or designee; 18. The City reserves the right to purchase parts directly to complete any projects required underthisContract; 19. Provide all necessary warranties prior to receiving final payment; 20. Provide a detailed schedule not later than five (5) working days after issuance of Purchase Order and adhere closely to agreed schedule; 21. Provide twenty-four (24) hours, seven (7) days a week emergency contact name and phone number for emergencies. Successful Bidder(s)' emergency contact shall be able to address and resolve site emergencies on behalf of the Successful Bidder(s); 22. Provide closeout documents in a''/2" binder, and electronically, with all the project documents to include but not limited to, permitting documents/submittals, inspection records, proof of closed permit, Certificate of Completion, and project warranty. Provide all copies in duplicate; and 23. Provide `Before/In-Progress/After" digital images, labeled to contain project name, address, dates and cost, along with the closeout documents. In accordance with Section 2.6, Bidder's Minimum Qualifications, Bidder(s)' shall submit with their bid submittal the following: 1. Letters of authorization or written factory/manufacturer certification from each manufacturer the Bidder(s) is an authorized dealer and installer; 2. Copy of the General Contractor's license, or a skills certification and/or license required to provide playground equipment installation, repair, maintenance services to governmental, educational, municipal agencies, or commercial entities; 3. Certified Playground Safety Inspector (" CPSI") certificate; 4. Signed Certification Statement, with three (3) references for your firm for projects within the last three (3) consecutive years, evidencing the minimum three (3) consecutive years' experience in the specified work herein. Invitation for Bid (IFB) 1270388 Failure to submit the above letters of authorization or written factory/manufacturer certifications, General Contractor's license or skiHs certification and/or license, CPSI certificate, and signed Certification Statement with references, for your firm with your bid, shall render your bid non -responsive. *Note: Additional repairs outside the scope of work must be reported to the Project Manager or designee prior to the commencement of repair. No work shall be completed without the written approval of the Project Manager or designee. **Note: Services performed for the City will require licenses and permits in the same manner as private construction projects within the City. The Successful Bidder(s) shall secure, at their expense, all licenses and permits and shall fully comply with all applicable laws, regulations and codes as required by the State of Florida, county, or local ordinances. The Successful Bidder(s) must fully comply with all federal and state laws, county and municipal ordinances, and regulations in any manner affecting the prosecution of the work. Any fines or penalties to the Successful Bidder(s) shall be paid at the Successful Bidder(s) 's expense. %Titiv Of foram ANNIE PEREZ, CPPO Procurement Director kt� i J - " ADDENDUM NO. 1 IFB 1270388 ARTHUR NORIEGA V City Manager September 2, 2021 Invitation for Bid ("IFB"), Playground Equipment Installation and Repair Services, Citywide TO: ALL PROSPECTIVE BIDDERS: The following changes, additions, clarifications, and deletions amend the IFB documents of the above captioned IFB, and shall become an integral part of the Contract Documents. Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein, and reflect same on the documents you have on hand. IFB closing date has been changed to Tuesday, September 14, 2021 at 3:00 P.M. ALL OTHER TERMS AND CONDITIONS OF THE IFB REMAIN THE SAME. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE IFB AND SHALL BE MADE A PART THEREOF. Annie Perez, CPPO Director of Procurement/Chief Procurement Officer City of Miami Procurement Department AP:ts c. Barbara Hernandez, Director, Department of Parks and Recreation Pablo Velez, Senior Assistant City Attorney Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director of Procurement This Addendum shall be signed by an authorized representative and dated by the Bidder and submitted as proof of receipt with the submission of the Bid. NAME OF FIRM: SIGNATURE: DATE: %Titiv of ffliami ANNIE PEREZ, CPPO Procurement Director ADDENDUM NO. 2 IFB 1270388 ARTHUR NORIEGA V City Manager September 8, 2021 Invitation for Bid ("IFB") Playground Equipment Installation and Repair Services, Citywide TO: ALL PROSPECTIVE BIDDERS The following changes, additions, clarifications, and deletions amend the IFB documents of the above captioned IFB, and shall become an integral part of the Contract Documents. Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein, reflect same on the documents you have on hand. A. IFB closing date has been changed to Friday, September 17, 2021 at 3:00 P.M. B. Section 2.6, Bidder's Minimum Qualifications, has been deleted in its entirety and is hereby replaced with the following language: Section 2.6, Bidder's Minimum Qualifications Bids will be considered only from firms that, at the time of bid submittal, are regularly engaged in the business of providing goods and services, for a minimum of three (3) consecutive years, as described herein. The Bidder shall: 1. Be authorized by the equipment manufacturer(s), to provide playground system installation, repair, maintenance, and inspection services. Please provide letter of authorization or written factory/manufacturer certification from each manufacturer with your bid submittal; 2. Have a minimum of three (3) consecutive years of experience in providing playground equipment installation, repair, maintenance, and inspection services to governmental, educational, municipal agencies, or commercial entities, with scope of service requirements that are similar to services requested by the City: 3. Have and submit a copy of the General Contractor's License as issued by the State of Florida Department of Business and Professional Regulation ("DBPR"); or a skills certification and/or license required to provide playground equipment installation, repair, maintenance services to governmental, educational, municipal agencies, or commercial entities, and be able to pull permits as required by the State of Florida, Miami -Dade County, and City of Miami; 4. Have and submit a copy of the Certified Playground Safety Inspection ("CPSI") certificate as issued by the National Recreation and Park Association ("NRPA"), or employ personnel with a CPSI certificate, and submit with your bid submittal; 5. List three (3) references, for your firm for projects within the last three (3) consecutive years, in the Certification Statement, evidencing the minimum three (3) consecutive years' experience in the specified work herein; 6. Have sound financial conditions and sufficient support, equipment, and personnel to ensure that they can satisfactorily execute the services if awarded a Contract under the terms and conditions stated herein; and 7. Not have a member, officer, or stockholder that is in arrears or is in default of any debt or Contract involving the City, is a defaulter surety otherwise, upon an obligation to the City and/or has failed to perform faithfully on any previous Contract with the City. Notes: 1. Copies of licenses, all certifications, letters of authorization or written factory/manufacturer certification, and signed Certification Statement with references, for your firm shall be submitted with your bid submittal; and 2. Failure to submit the above licenses, all certifications, letters of authorization or written factory/manufacturer certification, and signed Certification Statement with references, for your firm with your bid submittal, shall render your bid non- responsive. C. Section 2.9, References, has been deleted in its entirety and is hereby replaced with the following language: Section 2.9, References Each bid must be accompanied by a list of three (3) references, in the Certification Statement, from governmental, educational, municipal agencies, or commercial entities, for which the Bidder has provided playground equipment installation, repair, maintenance, and inspection services to within the last three (3) consecutive years. NO BID WILL BE CONSIDERED WITHOUT THIS LIST. D. Section 2.21, Hourly Repair Rates and Markup, has been deleted in its entirety and is hereby replaced with the following language: Section 2.21, Hourly Repair Rates and Markup Non -Immediate Repairs When the Successful Bidder(s) has been notified of services needed, the Successful Bidder(s) shall arrive within twenty-four (24) hours from the first point of contact from the Project Manager or designee. If the Successful Bidder(s) fails to arrive within twenty-four (24) hours, the Successful Bidder(s) will be found to be in default. Pursuant to Section 2.44, Termination, the City reserves the right to terminate this Contract if the Successful Bidder(s) fails to respond to more than three (3) consecutive services calls. In the event that non -immediate repairs for services calls are expected to exceed $5,000 the Successful Bidder(s) shall only make the site secure and safe. The Successful Bidder(s) shall submit an estimate for repairs the same day services are requested, in order to obtain a Notice to Proceed for non -immediate repairs. Once Notice to Proceed has been issued by the City, the Successful Bidder(s) may begin permitting process, purchasing of materials and any site prep work needed. PA Immediate Repairs If playground repairs are required immediately, it will be communicated to the Successful Bidder(s) by the Project Manager or designee. The Successful Bidder(s) shall provide a call back to the Project Manager or designee within two (2) hours, otherwise the Successful Bidder(s) will be found to be in default. For immediate repairs, the Successful Bidder(s) is expected to arrive at the work site to fix or secure the problem within twelve (12) hours from the point of contact from the Project Manager or designee. Pursuant to Section 2.44, Termination, the City reserves the right to terminate this Contract if the Successful Bidder(s) fails to respond to more than three (3) consecutive service calls. The Successful Bidder(s) shall be allowed up to twelve (12) hours maximum for immediate repairs. If repair will exceed twelve (12) hours, the Successful Bidder(s) must obtain written authorization from the Project Manager or designee. If Successful Bidder(s) is found to be in default, they shall remove all equipment, tools, unused materials and construction debris within forty-eight (48) hours from being notified via default notice. The hourly rates quoted shall include full compensation for labor, equipment use, travel time, and any other related costs to the Successful Bidder(s). Regular Labor Rate — Hourly rate for straight time for removal, repair, and installation, from 8:00 AM — 5:00 PM, Monday — Friday. Markup rated for parts purchased will be for informational purposes and will not be evaluated. Legal Holidays New Year's Day Martin Luther King's Birthday President's Day Memorial Day Juneteenth (June 19) Fourth of July Labor Day Columbus Day Veterans' Day Thanksgiving Day Friday after Thanksgiving Day Christmas Day E. Section 3.1, Specifications/Scope of Work has been deleted in its entirety and is hereby replaced with the following language: Section 3.1, Specifications/Scope of Work There are approximately one hundred and forty-one (141) park facilities located within the City of Miami ("City"). This solicitation is designed to acquire services necessary to repair the City's playground equipment in a timely, efficient, and safe manner. The Successful Bidder(s) shall be required to provide, but not limited to, the following, necessary to furnish and install playground equipment, including repairs, on an as needed basis, for the Department of Parks and Recreation ("Parks"): 1. All labor; 2. Materials; 3. Tools; 4. Equipment; 5. Staging; 6. Permit fees; 7. Licenses; 8. Any and all necessary tests; 9. Bonds; 10. Signed and sealed shop drawings; 11. All professional services by a Florida licensed, Architectural/Engineering personnel; 12. Inspections; 13. Hoisting; 14. Hauling; 15. Shoring; 16. Taxes; 17. Heavy equipment; 18. Temporary fencing, safety barriers; 19. Tree protection services; 20. Temporary portable restroom (one (1) handicap, and one (1) standard as requested in writing by the end user department, on an as needed basis, the City will reimburse the Successful Bidder(s) the portable restroom(s) cost at the market cost); and 21. Supervision, required for the proper and complete performance of any work required under this Contract. Materials including but not limited to, grass, rubber tiles, mulch, and concrete shall be provided quoted by the Successful Bidder(s) and approved by the Project Manager or designee, prior to the purchase of said materials. All equipment related to these materials shall be furnished by the Successful Bidder(s) at the Successful Bidder(s)' expense. Additionally, the Successful Bidder(s) shall, at a minimum, but not limited to: 1. Perform work as needed and requested by Parks; 2. Visit the designated sites at the discretion of Parks, identify, and confirm necessary repairs, and furnish a quote for said repair prior to scheduling the work; 3. Provide and use only "new" repair parts or materials on any Parks' project. Factory "seconds", refurbished, defected, discontinued, and/or surplus aftermarket parts and supplies are not acceptable; 4. Repair any and all damages to poured in place ("PIP"), fencing, or surrounding area at Successful Bidder(s)' cost; M 5. Be responsible for permanent and all necessary protection of work site (i.e., barricades, caution tape, windscreens, etc.), including but not limited to existing/new equipment, appliances, and accessories. The site protection shall be removed only after passing final inspection by the Project Manager or designee. The Successful Bidder(s) will be solely responsible for protection of work at all times; 6. Include the construction and removal of any temporary access to site (if any); 7. Obtain written approval from Project Manager or designee prior to final payment release; 8. Obtain written approval from Project Manager or designee for any deviation, changes to the original design, including but not limited to parts and finishes. Submit change order request, or any other deviation request in writing to the Project Manager or designee, and obtain written approval; 9. Provide the City with a one (1) year labor, and a seven (7) year material standard Warranty Certificate prior to final payment; 10. Remove and dispose of all debris offsite. The Park facilities' dumpster shall not be used to dispose of any debris related to the project's work; 11. Leave site in "ready" for use conditions; 12. Upon request, the Successful Bidder(s) will be required to re -install or re -use existing Parks' parts and materials. Any additional repair parts or materials required to complete the project must comply with item #2 above; 13. Standard repair, installation, and/or inspection times shall be coordinated between the Successful Bidder(s) and the Project Manager or designee; 14. All work shall be performed on site unless by the nature of the required repairs, deems it necessary for the part to be repaired at the Successful Bidder(s)' facility. If any equipment is to be down for more than twelve (12) hours, the Successful Bidder(s) will provide and erect safety barriers around the affected area. The Project Manager or designee will be immediately informed about the shut -down and any additional repair costs must be approved prior to the start of the work; 15. The Successful Bidder(s) shall be in direct communication with the Project Manager or designee in the event of an emergency. Successful Bidder(s) is to provide the Project Manager or designee with all emergency contact numbers; 16. Temporary fencing/barricades shall be included for all jobs up to twelve (12) hours work shift. Temporary fencing beyond a twelve (12) hour shift must be approved in writing by the Project Manager or designee prior to the performance of any work or invoicing the same; 17. An obvious error or omission in specifications shall not be used to the benefit of the Successful Bidder(s0 but shall put the Successful Bidder(s) on notice to inquire of or identity the same from the Project Manager or designee; 18. The City reserves the right to purchase parts directly to complete any projects required under this Contract; 19. Provide all necessary warranties prior to receiving final payment; 20. Provide a detailed schedule no later than five (5) working days after the issuance of Purchase Order and adhere closely to agreed schedule; 21. Provide twenty-four (24) hours, seven (7) days a week emergency contact name and phone number for emergencies. Successful Bidder(s)' emergency contact shall be able to address and resolve site emergencies on behalf of the Successful Bidder(s); 22. Provide closeout documents in a'/2" binder, and electronically, with all the project documents to include but not limited to, permitting documents/submittals, inspection records, proof of closed permits, Certificate of Completion, and project warranty. Provide all copies in duplicate; and 23. Provide "Before/In-Progress/After" digital images, labeled to contain project name, address, dates and cost, along with the closeout document. In accordance with Section 2.6, Bidder's Minimum Qualifications, Bidder(s)' shall submit with their bid submittal the following: 1. Letters of authorization or written factory/manufacturer certification from each manufacturer the Bidder(s) is an authorized dealer and installer; 2. Copy of the General Contractor's license, or a skills certification and/or license required to provide playground equipment installation, repair, maintenance services to governmental, educational, municipal agencies, or commercial entities; 3. Certified Playground Safety Inspector ("CPSI") certificate; 4. Signed Certification Statement, with three (3) references for your firm for projects within the last three (3) consecutive years, evidencing the minimum three (3) consecutive years' experience in the specified work herein. Failure to submit the above letters of authorization or written factory/manufacturer certifications, General Contractor's license or skills certification and/or license, CPSI certificate and signed Certification Statement with references, for your firm with your bid, shall render your bid non -responsive. *Note: Additional repairs outside the scope of work must be reported to the Project Manager or designee prior to the commencement of repair. No work shall be completed without the written approval of the Project Manager or designee. ** Note: Services performed for the City will require licenses and permits in the same manner as private construction projects within the City. The Successful Bidder(s) shall secure, at their expense, all licenses and permits and shall fully comply with all applicable laws, regulations and codes as required by the State of Florida, county, or local ordinances. The Successful Bidder(s) must fully comply with all federal and state laws, county and municipal ordinances, and regulations in any manner affecting the prosecution of the work. Any fines or penalties to the Successful Bidder(s) shall be paid at the Successful Bidder(s) expense. F. The following is the City's response to questions received from prospective Bidders: Q1. Line Item No. 5 of Attachment B-Bid Price Sheet is not added to the total amount. Will this cost be included in the total bid price? Al. No, refer to Section C above. ALL OTHER TERMS AND CONDITIONS OF THE IFB REMAIN THE SAME. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE IFB AND SHALL BE MADE A PART THEREOF. Annie Perez, CPPO, Director of Procurement City of Miami Procurement Department AP:ts c. Barbara Hernandez, Director, Department of Parks and Recreation Pablo Velez, Senior Assistant City Attorney Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director of Procurement 6 This Addendum shall be signed by an authorized representative and dated by the Bidder and submitted as proof of receipt with the submission of the Bid. NAME OF FIRM: SIGNATURE: DATE: 7