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HomeMy WebLinkAboutBack-Up DocumentsContract Amount: Contract Term: Recommended Vendor: BACKGROUND: CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Emilio T. Gonzalez, Ph.D. City Manager x FROM: 7c.. Perez, C O, Direct partment of Procurement DATE: August 17, 2018 FILE: SUBJECT: Recommendation of Award for Painting Services & General Building Repairs at Police Facilities REFERENCES: ENCLOSURES: Invitation for Bid ("IFB") No. 902381 Bid Tabulation RECOMMENDATION: Based on the findings below, the Department of Procurement ("Procurement") hereby recommends award of IFB No. 902381 to Inclan Painting and Waterproofing, Corp. ("Inclan"), the lowest responsive and responsible bidder, for the provision of painting services and general building repairs at Police facilities. The awarded vendor, contract terms, and amount are shown below. IFB No./Title: IFB No. 902381, Painting Services & General Building Repairs at Police Facilities. Regular labor rate for painting services & general building repairs associated with painting only, Monday — Friday, 8:00 am — 5:00 pm, $45.00 per hour. Overtime labor rate for painting services and general building repairs associated with painting only, Monday — Friday, 5:00 pm — 8:00 am, weekends and legal holidays, $67.50 per hour. Initial term for a period of three (3) years, with the option to renew for two (2) additional one (1) year period. Inclan Painting and Waterproofing, Corp. On June 22, 2018, Procurement issued IFB No. 902381, Painting Services & General Building Repairs at Police Facilities, under full and open competition. On July 24,2018, at bid closing five (5) bids were received. One (1) bid was deemed non -responsive; four (4) bids were deemed responsive. The bids were evaluated and tabulated following the guidelines published in the bid. Inclan was the lowest responsive and responsible Bidder. Consequently, approval of this recommendation to award is requested. Your signature below will indicate approval of this recommendation. Approved: cif -mot io T.'Gonzalez, Ph.D., City Manager PR 18118 c: Joe Napoli, Deputy City Manager Sandra Bridgeman, CPA, Assistant City Manager, Chief Financial Officer Jorge Colina, Chief of Police Yadissa A. Calderon, CPPB, Assistant Director, Procurement PR 18118 Page 2 of 2 TABULATION OF BIDS IFB 902381 Painting Services General Building Repairs at Police Facilities IncIan Painting & Waterproofing, Corp. Rogar Management & Consulting of FI, LLC Greco Field Services Waypoint Contracting, Inc. Cunano Builders Corporation Item Description Est. Qty UOM Unit Price 9 Extended:; Amount'; Unit Price Extended° ,Amount Unit Price Extended ,>Amount: Unit Price :;Extended Amount Unit Price Extended; ,,Amoun( 1 Regular Labor Rate tor Painting Services and General Building Repairs Associated with Painting Only, Monday -Friday, 8:00 AM-5:00 PM 1 Hour $45.00 $45.00 $418.00 $418.00 $50.00 $50.00 $75.00 $75.00 2 Overtime Labor Rate for Painting Services and General Building Repairs Associated with Painting Only, Monday -Friday, 5:00 PM-8:00 AM, Weekends, and Legal Holidays 1 Hour $67.50 $67.50 $488.00 $488.00 $75.00 $75.00 $112.50 $112.50 1 Total $112.50 Lowest Bidder $906.00 $125.00 $187.50 Non -Responsive Approved by: Zf/4lea - Department Director/Designee Prepared by: Teresa Soto, July 2018 , r I ; i av I v VOLCIII vy L.i uµy wau is nnl r C )R^„RA7ONIs f!'/?_irjt r of �!�► �rti vtl'� teil i?�t,P= rtj J h )Sda Department of State / Division of Corporations / Search Records / Detail By Document Number / Detail by Entity Name Florida Profit Corporation INCLAN PAINTING AND WATERPROOFING, CORP. Filing Information Document Number P95000036237 FEI/EIN Number 65-0580105 Date Filed 05/04/1995 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 02/09/2012 Event Effective Date NONE Principal Address 12252 SW 128TH STREET MIAMI, FL 33186 Changed: 06/27/2001 Mailing Address 12252 SW 128TH STREET MIAMI, FL 33186 Changed: 06/27/2001 Registered Agent Name & Address VEGA, DANIEL R 2555 PONCE DE LEON BLVD STE 220 CORAL GABLES, FL 33134 Name Changed: 11/16/2017 Address Changed: 11/16/2017 Officer/Director Detail Name & Address Title PD INCLAN, LUIS 12252 SW 128TH STREET MIAMI, FL 33186-5419 http://search.sunbiz,org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=INCLANPAI... 1/2 7/17/2018 Detail by Entity Name Annual Reports Report Year Filed Date 2016 04/28/2016 2017 05/11/2017 2018 01/30/2018 Document Images 02/22/2018 — Reg. Agent Change 01/30/2018 — ANNUAL REPORT 05/11/2017 ANNUAL REPORT 04/28/2016 — ANNUAL REPORT 03/11/2015 — ANNUAL REPORT 03/26/2014 — ANNUAL REPORT 09/27/2013 — ANNUAL REPORT 04/27/2012 — ANNUAL REPORT 02/09/2012 — Amendment 12J01/2011 — Amendment 02/11/2011 — ANNUAL REPORT 11 /16/2010 -- REINS TATEMENT 05/05/2009 — ANNUAL REPORT 08/05/2008 — ANNUAL REPORT 96/21/2007 — ANNUAL REPORT 02/03/2006 — ANNUAL REPORT 03/11/2005 — ANNUAL REPORT i 1/30/2004 - ANNUAL REPORT 04/12/2004 — ANNUAL NEPOR I 04/10/2003 — ANNUAL REPORT 10/03/2002 — Name Change 01/25/2002 — ANNUAL REPORT 06/27/2001 —ANNUAL REPORT 04/26/2000 — ANNUAL REPORT 05/10/1999 — ANNUAL REPORT 05/26/1998 — ANNUAL REPORT 05/01/1997 — ANNUAL REPORT 05/01 /1996 — ANNUAL REPORT 05/04/1995 — DOCUMENTS PRIOR TO 1997 View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View Image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image In PDF format View image in PUF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View Image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format http://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=EntityName&directionType=1 nitial&searchNameOrder=l NCLANPAI... 2/2 PPRL.5 L IAMI, FL,t 3 �. L_(78 .,,(786) WEBSITE: WWW.INCLANPAINTING.NET EMAIL: INFO@INCLANPAINTING.NET TOLL FREE: 1-877-946-2526 WO IncIan Painting and Waterproofing, Corp. DBA IncIan Construction Inclan Painting and Waterproofing, Corp. D/B/A Inclan Construction appreciates the opportunity to introduce to you our company services. Inclan Painting and Waterproofing, Corp. has specialized in painting, waterproofing, concrete restoration, stucco, and general repairs to interior and exterior surfaces. Including but not limited to preparation and coating of walls, floors, ceiling(s), windows and doors. My company is fully licensed and insured. The company was founded in 1981 in Elizabeth, New Jersey under the name of Inclan Color. In 1995 the company was established in South Florida and is where Inclan Painting and Waterproofing, Corp started. Throughout the years, all of our work has been performed by our experience and certified staff making sure that our clients are satisfied with our quality results. 11252 S.W 128 Street Miami, FL 33186 INFO@INCLAN PAINTING.NET Inclan Painting and Waterproofing, Corp. 0: (786)293-7428 WWW.INCLANPAINTING.NET D.B.A Inclan Construction Mr. Luis Inclan Owner & President F: (786)293-7430 1(877)946-2526 11510 Inclan Painting and Waterproofing, Corp. DBA Inclan Construction Licenses and Insurances 4 Workers Compensation 4 General Liability 4 Umbrella Coverage 4 Performance/ Labor/ Material Bond Capable Certificates 4 Community Small Business_ Enterprise (CSBE) Miami Dade County wiiip Minority Business Enterprise Miami Dade Public Schools 4, Minority Business Enterprise Broward County Public Schools 4 Sections 3 Certified Business 4 OSHA Certified Staff (OSHA 30, OSHA 10, Fall protection, Scaffold, Confined Space) Certified by Lead -Safe United State Environmental Protection Agency 4, Business Certificate of Competency 4 Industrial Waste 11252 S.W 128 Street Miami, FL 33186 INFO@INCLAN PAINTING.NET Occupational Safety and Health Administration 0: (786)293-7428 WWW.INCLANPAINTING.NET F: (786)293-7430 1(877)946-2526 IncIan Painting and Waterproofing, Corp. DBA IncIan Construction Places we provide Services 4 Low/Mid/ High rise buildings 4 New Construction 4 Condominiums Apartment Complexes 4 Warehouses 4 Office Building 4 Shopping Centers Church(s) or Religious Facilities • Schools and Campuses 4. Medical Facilities • Industrial Facilities 4 Residential • Commercial. 4 Government Facilities 4 Parking Garages and Lots 4. Stadiums Parks and Recreations 11252 S.W 128 Street Miami, FL 33186 INFO@INCLAN PAINTING.NET 0: (786)293-7428 WWW.INCLANPAINTING.NET F: (786)293-7430 1(877)946-2526 4 4 4 4 4 4 4 4 4 4 4 IncIan Painting and Waterproofing, Corp. ,49 DBA IncIan Construction Our Services Pressure Cleaning & Chemical Wash Painting and protective coatings Exterior & Interior Services General Waterproofing Tex -Cote Quartz Floor Installations Stucco & Stucco Repair Concrete Restoration Epoxy Floor Coating Metal Coating(s) Cementitious Installations Suppliers: Po Y,I surd DOW CONING National Supply Waterproofing SHERWIN WILLIAMS© 11252 S.W 128 Street Miami, FL 33186 INFO@INCLAN PAINTING.NET 4 Electrostatic Painting 4 Waterproofing Caulking 4 Seal Coating & Striping 4 Wall Coatings 4 Texture Finishes 4 Wood Staining 4 Wall coverings 4 Sandblasting & Water blasting 4 Expansion Joint 4 Parking Repairs & Coating ,SUNBELT RENTALS CHE$PRRO E ■*sesir cewkss 0: (786)293-7428 WWW.INCLANPAINTING.NET PECORA CORPORATION ArchrtomrrdWeanccrpro,6ng Product. USA. • since 1862 F: (786)293-7430 1(877)946-2526 Inclan Painting and Waterproofing, Corp. DBAIan Construction Local Business Tax Receipt and License USINESS CERTIFICATE OF COMPETENCY INCLAN PAINTING Air A Ir66111111. INCLA Ts certified under the provisions of Chapter 10 of Miami-D Cdun OVIINER SEC. TYPE OF susiNess „ RECEIV INCLAN PAINTING & WATEVROOFING SPECIALW SUILDING CONTRACTOR ay TAX coLLEcTOR ,CREDINOD7-17-063874.-. This Local Businesifax Nonfat anti, COnfinns payment of Pio Local Business Tax. The Ren,alptnot a Onse, or rionpovemmentalleOulatery raquiremenp which apply to o usnals: permit, or a certification Of the hoiderelaws lcalificatiani; to liusiness. ihfOtergpift anntply with any governmentat • hthe RECEIPT NaS,aye must heillaOlayed on alt commercial vhiclao-M[ij1 D4deode Sgo 11252 S.W 128 Street Miami, FL 33186 INFO@INCLAN PAINTING.NET • e 0: (786)293-7428 WWW.INCLANPAINTING.NET IN Inclan Painting and Waterproofing, Corp. DBA Inclan Construction fiat Certificate cf Completion Jose Pine has cerepteted temArements riot Adult First Ald/CPR/AED condur,led by American Red Croes Date completed: 0310612016 Validity Parted: 2 Years Certificate ?Di GSV5H9 Smoi cr;de ,444 vi4S. 4*-4,1unitsafueosintirrn Certificate of Completion Reinatdo Zaldivar has ciarn0i,ted teetriterrtents tor Adult First A4dICPR/AE0 CtI,ORIC4fOt1 try American Red Cr' Dale cempleted: 03/0512016 Vartaity Period: 2 Years Certificate It): 061/6440 Aorrottsors 4:r•-**A Certificate of Completion Yudit Fonseca has completed requiter:tents for Adult First AidICPRIAEO corducted by American Red Cross Date completed: 030512016 Valloity Period: 2 Years Certificate ID: GSV61113 11252 S.W 128 Street Miami, FL 33186 INFO@INCLAN PAINTING.NET Amer can Red Cross Certificate of Comptetion Alberto Hemarrdez has completed retpiramerts for Adult First Aid/CPR/AED coreductod by keetitee Red Coles Dale -completed: 03/05/2016 Validity Petted: 2.Yaers Certificate ID: G$VSHC .41.warkulfrA Peatasto Scan codd PIMANAS.o,sgtvnto Certificate of Completion Rebeca Ferreira has completed requirements tot Adult First Ald/CPR/AED conducted by AfffifiCall Red Cross Date completed: 0310512016 Validity Period: 2 Years Certificate ID' GSVSHA 0: (786)293-7428 WWW.INCLANPAINTING.NET Arcg.:ggAitc,:r,„ F: (786)293-7430 1(877)946-2526 Inclan Painting and Waterproofing, Corp - 79 Serving Florida since 1996 OSHA CERTIFICATIONS Arturo Botello has successfully completed the Confined Space Permit Safety Compliance Training 29 CFR 1910.146 & Subpart 1926 Subpart AA Date: 6/10/2015 Expires: 1t0/2017 Trainer's Signature Orfilo Borrego Risk Control Consultants kni Luis Arteaga has successfully completed the Confined Space Permit Safety Compliance Training 29 CFR 1110146 & Subpart 1926 Subpart AA Date: 6/10/2015 Expires:. 6(10/2017 Trainer's Signature Oriilo Borrego Risk Control Consultants Anvt enclnn Has successfidly completed the Suspended Scaffold Safety Compliance Training OSTIA 29 CFR 1926.451 (d) Inclan Painting & Waterproofing, Corp. Date: 1211017,009 iner's Signature Risk Control onsultants Ilia card acknowledges that 9» redp'er1 Nas waoasshuOY completed d tO.PWtrroccttpMional Sele(y and Training Counta to ;Consttttctlon.Witty and Health uan C. Abreu :Cann caflglo frlost name - Prim orIS,Pel 4/U 1/491 (C'aurse a1 d _lots) Jorge DeTrinidad has successfully completed the Confined Space Permit Safety Compliance Training 29 CFR 1910.146 & Subpart 1926 Subpart AA Date: 6/10/2015 Expires: 6/10/2017 'Trainer's Signature OrfiloBerreeo Risk Control Consultants Juan Cartes Abreu Etas suceessfuily completed the Suspended Scaffold Safety Compliance Training O.STt,t 29 CFR 1926.451 fdt Ine1 Paintvn& atetroroafilt Corp. Date: 12/10e2009 Trainer's Signature Risk Control Car uitants Juan C. Abreu It authnrizat to operate lowered industrial tracks and Ilfta OSHA 29 CPR 1926.353 & ANSI A92.6 IncfFtn Painting Completed Date: 4f j(/2915 Expiration. date: 3/112017 Trainer's Signature Marco Canada Risk Control Consultants Jorge De Trinidad has successfully completed the Scaffold & Fail Protection Safety Training Lucian Painting Completed Date: 4n1/2015 Expiration date: 3/11/2018 Trainer's Signature Risk Control Consultants 12252 SW 128 Street Miami, FL 33126 Office: (786)293-7428 Fax: (786)293-7430 INFO@ INCLANPAINTING.NFT Www.Inclanpainting.net L. L_ Inclan Painting and Waterproofing, Corp Serving Florida since 1996 C.B.P, M.I.A & MDCPS ID's MDCPS: JESSICA LUNSFORD ACT Jessica Lunsford Act is the informal name given to a 2005 Florida law, as welt as laws in several other states, designed to protect potential victims and reduce a sexual offender's ability to re -offend. Requires specific notations on the driver's licenses of sexual predators, and established standards and procedures related to the background screening of individuals who provide contracted non -instructional services to Florida public schools or districts. M.I.A NC ittcyol I tion*qmAT RPROOF111G :x C.B.P LOHIIIA P(rtll.,C N rRAC TOF MIAMI INTERWATIONAL AIRPORT - FBI BACKGROUND CHECK. - FINGER PRINTS - SIDA O8IOA P(J IIO -°Cila CUMTRO10 ARR.. INCLAN .. _: PAINTINOJWATERPR 2242509 ' :: U.S Customs & Border Protection are the largest federal law enforcement agency of the United States Department of Homeland Security charged with regulating and facilitating international trade, collecting import duties, and enforcing U.S. regulations, including trade, customs, and immigration. As per some M.I.A project request for this type of clearance to work in restricted areas. A federal back ground check is conducted to all employees that will be on the job site. 12252 SW 128 Street Miami, FL 33126 Office: (786)293-7428 Fax: (786)293-7430 INFO@ INCLANPAINTING.NET Www.Inclanpainting.net ACCU?1I CERTIFICATE OF LIABILITY INSURANCE ki...,..-- DATE(MMIDD/YYYY) 07/02/2018 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 endorsetnent(s). PRODUCER First Commercial Insurance Agency P.O. Box 295 Cassadaga FL 32706 NAMEACT Tony Cannizzaro PHONE FAX Ext): (386) 775-1781 (q/c, No (386) 775-3666 E-MAIL insurance u ADDRESS: g yG(7Cfi.IT.COm INSURER(S) AFFORDING COVERAGE NAIC # INSURER A, KINSALE INSURANCE COMPANY 38920 INSURED Inclan Painting and Waterproofing Corp 12252 SW 128th Street Miami FL 33186 INSURER B : PROGRESSIVE EXPRESS INSURANCE COMPAN 10193 INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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. ILTR TYPE OF INSURANCE JNUL_L SWVD POLICY NUMBER (MM/R DDY/YYYY) (MM POLICY LIMITS A X COMMERCIAL GENERAL LIABILITY X 01000678610 06/04/2018 06/04/2019 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ Excluded PERSONAL & ADV INJURY 1 $ 1,00000 GENERAL AGGREGATE $ 2,000,000 GEN'L X AGGREGATE POLICY OTHER: LIMIT APPLIES PRO JECT PER: LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ B AUTOMOBILE X LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY X X SCHEDULED AUTOS NON -OWNED AUTOS ONLY X 2''' \ \1\i\; ( \�1 `" �. \ \ 07755434-0 1\0 t f.\\\ \� \\ ; , • ^ ;, 06/12/2018 06/12/2019 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB EXCESS LIAB O OCCUR CLAIMS -MADE ✓ IEACH , OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A , STATUTE 1 1 ER OOTH ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is requl ed) The Certificate holder is added as an additional insured in regards to the general liability and automobile liability policy but only with respect to liability arising out of operations of the named insured during the policies Coverage afforded for contingent and contractual exposures and XCU hazards. This insurance is primary and non contributory. CERTIFICATE HOLDER CANCELLATION City of Miami 444 S.W. 2nd Ave, 6th Floor Miami FL 33133 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD ACORD CERTIFICATE OF LIABILITY INSURANCE 4...--./ DATE(MMIDD/YYYY) 6/18/2018 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 endorsement(s). PRODUCER SUNZ Insurance Solutions, LLC ID: (KEY HR) 6959 University Blvd. Winter Park, FL 32792 CONTACT NAME: Tuwana Ware PHONE FAX (A/C.NoExU; 800-922-4133 (A/C, No): IL ADDRESS: certakeyhro.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: SUNZ Insurance Company 41394 INSURED Key HR, LLC 6959 Univeristy Blvd, Winter Park FL 32792 INSURER B : INSURERC: INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 42582911 REVISION NUMBER: 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 CR 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 TYPE OF INSURANCE ADDL( AND POLICY NUMBER EFF (MM/DD/ L (MM/DY O//YY YYY) LIMITS COMMERCIAL GENERAL LIABILITY r; '' ^.;,J ✓- \. ;` •a, ;:�'' "` '..:,.-- ;.,,: =- .� y\\ /// EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES (Ea occurrence) $ CLAIMS -MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PRO- JECT PER: LOC PRODUCTS - COMP/OPAGG $ AUTOMOBILE _ LIABILITYt;U.�-, ANY AUTO OWNED AUTOS ONLY HIRED SCHEDULED \ COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB EXCESS LIAB O OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ $ DED RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N / A WC004-00001-017 12/19/2017 12/19/2018 ✓ I ff.t13 E I I ORH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1 000 000 E.L. DISEASE- POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Coverage provided for all leased employees but not subcontractors of: Inclan Painting and Waterproofing Corp Client Effective: 3/12/2018 CERTIFICATE HOLDER CANCELLATION 2039 City of Miami 444 SW 2nd Ave 6th Floor Miami FL 33130 ACORD 25 (2016/03) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 2 Glen J Distefano ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 42582911 I Key HR PEC 004 MASTER CERT I Tuwana Ware 16/18/2018 10,31118 AM (EDT) I page 1 of 1 April 7, 2016 RE: Inelan Painting & Waterproofing, Corp. To Whom It May Concern:: This is to advise you that our office provides Bid, Performance, and Payment Bonds for IncIan Painting & Waterproofing„ Corp. Their surety is Developers Surety and Indemnity Company, which carries an A.M. Best Rating of A VI and is listed in the 'Department of the Treasury's Federal Re 'ster, Based upon normal. and standard underwriting criteria at the time of the request, we anticipate providing Performance and Payment Bonds for single size jobs in the $500,000 range and $500„000 in the aggregate. These amounts should not be construed as a limit but rather a guide to handle their day-to-day needs. We obviously reserve the right to review all contractual documents, bond forms, and obtain satisfactory evidence of funding prior to final commitment to issue any bonds. Inclan Painti Waterproofing, Corp. is an excellent contractor and we hold them in the high regard. tbviiouslLy, we feel extremely confident in our contractor and encourage you to offer them an opportunity to execute the above referenced project, This letter is not an. assumption of liability, nor is it a bid or performance & payment bond. It is issued only as a bonding reference requested by our respected client If you. should have any questions, please do not hesitate to give me a call. Sincerely, e Jonathan --- JBursevich Resident Agent 5979 N.W. 151st Street • Suite 202 Munii Lukes, Florida 33014 Phone: 305-517.3803 Fax: 305.3284838 miamtdade.gov February 6, 2018 Luis Inclan INCLAN PAINTING AND WATERPROOFING, CORP. D/B/A INCLAN CONSTRUCTION 12252 SW 128th St Miami, FL 33186 Approval Date: September 30, 2017 - Small Business Enterprise - Goods & Services (SBE - G&S) Expiration Date: September 30, 2020 Dear Luis Inclan, Internal Services Department Small Business Development 111 NW 1 Stpset,19th Floc' AMamt, Florida 33128 morttictade.gov T 30537r3111 F 305-376-3160 Miami -Dade County Small Business Development (SBD), a division of the Internal Services Department (ISO) has completed the review of your application and attachments submitted for certification. Your firm Is officially certified as a Miami -Dade County Small Business Enterprise - Goods & Services (SBE - G&S). The Small Business Enterprise (SBE) programs are governed by sections 2-8.1.1.1.1; 2-8.1.1.1.2; 2-10.4.01; 10-33.02 of Miami -Dade County's Codes. This (Small Business Enterprise - Goods & Services (SBE - G&S)) certification is valid for three years provided that you submit a "Continuing Eligibility Affidavit" on or before your anniversary date, September 30, 2018. The affidavit must indicate any changes or no changes in your firm pertinent to your certification eligibility. The submittal of a "Continuing Eligibility Affidavit" annually with specific supporting documents an or before your Anniversary Date is required to maintain the three-year certification. You will be notified of this responsibility in advance of the Anniversary Date. Failure to comply with the said responsibilities may result in immediate action to decertify the firm. if at any time there is a material change in the firm including, but not limited to, ownership, officers, director, scope of work being performed, daily operations, affiliation(s) with other businesses or the physical location of the firm, you must notify this office in writing within (30) days. Notification should include supporting documentation. You will receive timely instructions from this office as to how you should proceed, if necessary_ This letter will be the only approval notification issued for the duration of your firm's three years' certification. If the firm attains graduation or becomes ineligible during the three-year certification period, you will be properly notified following an administrative process that your firm's certification has been removed pursuant to the code. Your firm's name and tier level will be listed in the directory for all SBE certified firms, which can be accessed through Miami -Dade County's SBD website: httpJlwww.miamidade.qov/smallbusinessfcertfication-Iists.asp. The categories as listed below affords you the opportunity to bid and participate on contracts with Small Business Enterprise measures. It is strongly recommended that you register your firm as a vendor with Miami -Dade County. To register, you may visit htt.p://www.mfamidade.aovfpracurement/vendor-registration.aso. Thank you far your interest in doing buslness with Miami -Dade County. If you have any questions or concerns, you may contact our office at 305-375-3111 or via email at sbdcert oi?,miamidade.gov. Sincerely, Claudious Thompson, Section Chief Small Business Development CATEGORIES: (Your r Item may bid or pEwitipate on canUacIs only ender dtese cabvgodes) MCP 910: BUILDING MAINTENANCE, NSTALLATION AND REPAIR SERVICES NIGP 91000: BUILDING MAINTENANCE, INSTALLATION AND REPAIR SERVICES NIGP 91054: PAINTING, MAINTENANCE AND REPAIR SERVICES (INCLUDING CAULKING) NIGP 91078 WEATHERITATION, WEATHER AND WATERPROOFING MAINTENANCE AND REPAIR SERVICES NIGP 96166: SIGN MAKING AND PAINTING SERVICES NIGP 96231: ELECTROSTATIC PAINTING MOP M 6.5: METAL COATING SERVICES: THERMAL SPRAY AND H.Y,O,F. (HMI VELOCITY O CI FUEL) NIGP 96861: PAVEMENT MARKING SERVICES (INCLUDING REMOVAL OF MARKINGS) NIGP 96894: WATERPROOFING SYSTEMS AND REPAIR miantidads.gov December 27, 2017 Luis Inclan INCLAN PAINTING AND WATERPROOFING, CORP. D/B/A INCLAN CONSTRUCTION 12252 SW 128th St Miami, FL 33186 internal services Department Small Business Development i11 NW t Street,10th Floor Miami, Flarkia 33126 mlamidade.gov T305-375-3111 F 305-375-3160 Dear Luis Irtcfan, Approval Date: September 30, 2017 Expiration Date: September 30, 2020 Miami -Dade County Small Business Development (SOD), a division of the Intemal Services Department (!SD) has completed the review of your application and attachments submitted for certification. Your firm is officially certified as a Miami -Dade County Small Business Enterprise - Construction (SBE - Cons) in accordance with section 10-33.02 of the code of Miami -Dade County. This (SBE/CONS) certification is valid for three years provided that you submit a ''Continuing Eligibility Affidavit" on or before your anniversary date, September 30, 2013. The affidavit must indicate any changes or no changes in your firm pertinent to your certification eligibility. The submittal of a "Continuing Eligibility Affidavit" annually with specific supporting documents on or before your Anniversary Date is required to maintain the three-year certification. You will be notified of this responsibility in advance of the Anniversary Date. Failure to comply with the said responsibilities may result in immediate action to decertify the firm. If at any time there is a material change in the firm including, but not limited to, ownership. officers, director, scope of work being performed, daily operations, affiliation(s) with other businesses or the physical location of the firm, you must notify this office in writing within (30) days. Notification should include supporting documentation. You will receive timely instructions from this office as to how you should proceed, if necessary. This letter will be the only approval notification issued for the duration of your firm's three years' certification. if the firm attains graduation or becomes ineligible during the three-year certification period, voo will be property notified following an administrative process that our firm's certification has been removed pursuant to the code. Your company is certified in the categories as listed below affording you the opportunity to bid and participate on contracts with Small Business Enterprise measures. Please note that the categories listed are very general and are used only to assist our customers in searching the directory for certified firms to meet contract goals. You can find the firm's up-to-date certification profile as well as all other certified firms on the Miami -Dade County Internal Services Department, Small Business Development Certified Firms' Directory at the website http://lavww.miamidade.go.vfsmalibusmess/certification-proPrams.aso. It is strongly recommended that you register your ftrm as a vendor with Miami -Dade County. To register, you may visit: t lwwed:mi�midaa u ra iremenr- n.aso. Thank you for your Interest in doing business with Miami -Dade County. If you have any questions or concerns, you may contact our office at 305-375-3111 or sbdcertCd�lmiamidade.aov. Sincerely, Claudious Thompson, Section Chief Small Business Development CATEGORIES: Winn may bid or participate on contracts only underthase car orles) NAICS 238320: PAINTING AND WALL COVERING CONTRACTORS NAICS 238390: OTHER BUILDING FINISHING CONTRACTORS mdamklede.gov December 27, 2017 Small Business Development 111 MN 1 Street,191h Floor tlr5arrd, Florida 33128 miamidade.gov T 305-375.3111 F 305-375-3160 Luis Inclan INCLAN PAINTING AND WATERPROOFING, CORP. D/B/A INCLAN CONSTRUCTION 12252 SW 128th St Miami, FL 33186 Anniversary Date: September 30, 2018 Approval Date: September 30, 2017 - Disadvantaged Business Enterprise (DBE) Dear Luis Inclan, Miami -Dade County Small Business Development (SBD), a division of the Internal Services Department (lSD), is pleased to notify you that your firm is certified under the Florida Unified Certification Program (UCP). Your firm meets the eligibility requirements for certification as a Disadvantaged Business Enterprise (DBE) In accordance with 49 CFR Part 26. DBE certification is continuous with no expiration date; however, firms are required to attest that there are no changes via the No Change Declaration form on or before the firm's anniversary date to remain certified. You will be notified of your annual responsibilities in advance of the Anniversary Date listed above. You must submit the annual No Change Declaration form no later than the Anniversary Date to maintain your eligibility. Your firm will be listed in the UCP DBE Directory which can be accessed through the Florida Department of Transportation's website: http://www3b.dot.state.fi.us /EqualOpportunits0fffceBusinessDirectorv/. DBE certification is NOT a guarantee of work, but it enables the firm to compete for and perform contract work on all USDOT Federal Aid (FAA, FTA and FHWA) projects in Florida as a DBE contractor, sub -contractor, consultant, sub -consultant or material supplier. If at any time there is a material change in your firm, you must advise this office by sworn affidavit and supporting documentation within thirty (30) days. Changes include, but are not limited to ownership, officers, directors, management, key personnel, scope of work performed, daily operations, on -going business relationships with other firms, individuals or the physical location of your firm. After our review, you will receive instructions as to how you should proceed, if necessary. Failure to comply will result in action to remove your firm's DBE certification. it is strongly recommended that you register your firm as a vendor with Miami -Dade County. To register, you may visit istttp://wvm.miamidade.eav/pros uremenl7vendor-reQistratian s, . Thank you for your interest in doing business with Miami -Dade County. If you have any questions or concerns, you may contact our office at 305-375-3111 or sbdcerta(.miamidade.gov. Sincerely, Claudious Thompson, Section Chief Small Business Development NAICS & Industry Title: (Yourtirm is eligible to compete for and perform work on all USDOT Federal Aid projects throughout Florida and may earn DBE or ACDBE credit for work performed In the following areas.) NAILS 238320: PAINTING AND WALL COVERING CONTRACTORS NAiCS 238390: OTHER BUILDING FINISHING CONTRACTORS esianridade.gov December 27, 2017 Luis !mien INCLAN PAINTING AND WATERPROOFING, CORP. DB/A INCLAN CONSTRUCTION 12252 SW 128th St Miami, FL 33186 Internal Services Department Small Business Development Itt NW 1 Street,19tt Floor Miami, Florda 33128 n,jemfdode.gov T 305-375-3111 F 305375,3180 Dear Luis !mien,Approval Date: September 30, 2017 - Local Developing Business (LDB) Miami -Dade County Small Business Development (SBD), a Anniversary Date: September 30, 2018 division of the Internal Services Department (ISD) has completed the review of your application and attachments submitted for certification. Your firm is officially certified as a Miami -Dade County Local Developing Business (LOB) in accordance with section of the code of Miami -Dade County. LDB certification is continuous with no expiration date; however, firms are required to attest that there are no changes via the No Change Declaration form on or before the firm's anniversary date to remain certified. You will be notified of your annual responsibilities In advance of the Anniversary Date listed above. You must submit the annual No Change Declaration form no later than the Anniversary Date to maintain your eligibility. You will be notified of this responsibility in advance of the Anniversary Date. Failure to comply with the said responsibilities may result in immediate action to decertify the firm. If at any time there is a material change in the firm including, but not limited to, ownership, officers, director, scope of work being performed, daily operations, affiliations) with other businesses or the physicalLocation of the firm, you must notify this office in writing within (30) days. Notification should include supporting documentation. You will receive timely instructions from this office as to how you should proceed, if necessary. Your company is certified in the categories as listed below affording you the opportunity to bid and participate on contracts with Small Business Enterprise measures. Please note that the categories listed are very general and are used only to assist our customers in searching the directory for certified firms to meet contract goals. You can find the firm's up-to-date certification profile as well as all other certified firms on the Miami -Dade County Internal Services Department, Small Business Development Certified Firrns' Directory at the webslte http:/! w.miamidade,eov/smalibusine_ss/certifiication-groaran,s.as2. It is strongly recommended that you register your firm as a vendor with Miami -Dade County. To register, you may visit http://www.miamidade.00v/procurement/vendor-registration.asp. Thank you for your interest in doing business with Miami -Dade County. If you have any questions or concerns, you may contact our office at 305-375-3111 or sbdcertt miamidade.gov. Sincerely, Claudious Thompson, Section Chief Small Business Development CATEGORIES: (Your firm may bid or participate on contracts only under these categories) NAICS 238320: PAINTING AND WALL COVERING CONTRACTORS NAICS 238390: OTHER BUILDING FINISHING CONTRACTORS MIAMI-DADE COUNTY PUBLIC SCHOOLS Minority/Women Business Enterprise (MWBE) Certificate THIS CERTIFIES THAT IncIan Painting & Waterproofing Corp. DBA IncIan Construction IS OWNED AND CONTROLLED BY A(N) HISPANIC AMERICAN PURSUANT TO MIAMI-DADE COUNTY PUBLIC SCHOOL BOARD POLICY 6320.02 1( ''�1- z June 20, 2017 June 20, 2020 6504673 Issue Date Expiration Date Vendor Nos Office of Economic Opportunity 1450 NE 2nd Avenue, Suite 428 Miami, Florida 33132 UFFICIAL, DOCUMENT 10.61411.011111111111111.111/11 Rego atory and Economic Res( Environmental Resources Manag 701 NW 1st Court • 7t1 Miami, Florida 3313E T 305-372-6600 F 305-37s maamaciat Permit No: IW5-017600-2018/2019 (R. G) -MT.8O Permit Issued Toe rNcLAN PAINTING & WATERPROOFING CORP. Facility Location: 12252 SW 128 ST DIAMI, FL 33186- Contact Name/Address e Attn: Luis Inclan INCLAN PAINTING & WATERPROOFING CORP. 12252 8W 128 ST MIAMI, FL 33184- INDUSTRIAL WASTE 5 ANNUAL OPERATING PERMIT DESCRIPTION OF Lek _1]i,1'.'II.'SP,6`3' OOMPMZNI This document„ issued. under the provisions o.f Chapter 24, Miami -Dade County Made County Environme Protection; Ordinance), Shall be valid from P4ay 01, 2018 through April 38, 20:154. The above named permittee, is, hereby authorized to operate the pollution control facility at the above. location wh consists; of the following:: Facilities that handle hazardous; materials. and do not generate any waste. Served. by sanitary sewe This facility is subject to conditions listed below and in the fallowing. pages; (if amyl of this permit. SPECIFIC CONDITIONS 1. Facility. shall have: the ability to contain and collect any spill and. properlly dispose of contaminated materials. Accidental spills must -be reported to this department within 24 hour (305-) 3•72-6-95-5 .. 2. Records• of in.cozmdng and outgoing hazardous materials shall be maintained in an orderly manner be made available t.o this department's representatives upon request... Records shall be kept a period of three years. 3. A11 above ground tanks and storage areas for hazardous materials. and. hazardous waste (if allo must have. secondary containment. Design and construction must have departmental approval. 4. If at any time: pollution control facilities or procedures are found to. be performing inadequately, the owner must provide immediate improvements to the operating techniques and/o additional equipment. in; order to operate in compliance with applicable regulations. Additionally, any significant changes in facility operations, processes or inventory of muter must be reported to this office in writing within 10 days. GENERAL CONDIT/ObE 5. The applicant, by acceptance of this document, agrees to operate and maintain the subject operation so as to comply with the requirements of Chapter 24 of the Code of Miami -Dade Count 6. If for any reason, the applicant does not comply with or will be unable to comply with any condition or limitation specified on this document the applicant shall immediately notify and provide the department with the following information: (a) a description of and cause of non-compliance; and (b) the period of non-compliance including exact dates and times; or, if corrected, the anticipated time the non-compliance is expected to continue, and steps taken t reduce, eliminate, and prevent recurrence of the non-compliance. The applicant shall be responsible for any and all damages which may result and may be subject to enforcement action Lee N. Hefty, Assistant Director the department for penalties or revocation of this document. 7. As provided in Section 24-15 of the Code of Miami -Dade County, the prior written approval of the Department shall be obtained for any alteration to this facility. 8. The issuance of this document does not convey any vested rights or any exclusive privileges. Nor does it authorize any injury to public or private property or any invasion of personal rights, nor any infringement of federal, state or local laws or regulations. Nor does it relieve the applicant from liability for harm or injury to human health or welfare or property. 9. This document is required to be posted in a conspicuous location at the facility site during the entire period of operation. 10. This document is not transferable. Upon sale or legal transfer of the property or facility covered by this document, the applicant shall notify the department within thirty(30) days. The new owner must apply for a permit within thirty (30) days. The applicant shall be liable for any non-compliance of the source until the transferee applies for and receives a transfer of this document. 11. The applicant, by acceptance of this document, specifically agrees to allow access to the named source at reasonable times by department personnel presenting credentials for the purposes of inspection and testing to determine compliance with this document and department rules. 12. This document does not indicate a waiver of or approval of any other department permit that may be required for other aspects of this facility. 13. This document does not constitute an approval by the Department or certification that the applicant is in compliance with applicable laws, ordinances, rules or regulations. The applicant acknowledges that separate enforcement actions may be initiated by the Department and that this document does not constitute compliance with orders issued in conjunction with enforcement actions for correction of violations. 14. Failure to comply with any condition of this document, or the requirements of Chapter 24, Code of Miami -Dade County may subject the applicant to the penalty provisions of said Chapter including civil judicial penalties up to $25,000 per day per offense and/or criminal penalties not to exceed $500 per day or, for violations of Section 24-42.4, Sanitary Sewer Discharge Limitations and Pretreatment Standards not to exceed $2,000 per day and/or sixty (60) days in jail. Page 2 of 2 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 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 (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. iv\C)G\V1 PGIV\i 1 U °01 r` a \• i Corp. ADDRESS. (aa SR Prree , kI UV\ , F ••.✓ j? IAv PHONE: ( ) - Lk p FAX: (4-#P) r261 J � 3 d EMAIL: I V4i g- ► V\CMG h pa i v\-Yk v�. v -CELL(Opti SIGNED BY. r. LNi,f fnc)610 TITLE• —Pre,60(e- DATE. rx FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISOUALIFY THIS RESPONSE. Page 2 of 39 Certifications Legal Name of Firm: --I 4n Gtq, v-) "Pe3l 1 v\-\-1 vyy GV-0 W r rpo _ . act v1 epe\ r o Entity Type: Partnership, Sole Proprietorship, Corporation, etc.`/ w r r a1-16 eiY\ Year Established: t1615- Office Location: City of Miami, Miami -Dade County, or Other M 4 G hnt- D - C17 y Ct AP ,S oZ s. W I& J . ��' l g l Business Tax Receipt/Occupational License Number: CT OE ,71'J O O L S (M- Hach %) Business Tax Receipt/Occuppa}tiional License/Issuing Agency: p eatrof Business Tax Receipt/Occupational License Expiration/Date: 01)ot Will Subcontractor(s) be used? (Yes or No) If subcontractor(s) will be utilized, provide their name, address and the 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): w _ A190 caac. Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (i.e. Addendum No. 1, 7/1/07). If no addendum/addenda was/were issued, please insert N/A. AO'rNv(krh —h, �0)I , M 00A a 410�� If Bidder has a Local Office, as defined under Chapter 18/Articlle 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) e4 (6ae i -did .ded) Reference No. 1: Name of Company/Agency for which bidder is currently providing the services/goods Page 3 of 39 as described in this solicitation, or has provided�such services/goods in the past: Ni co hi.) DU� r4fe Ref c e 1�C QGlIr+mevlA' Reference No. 1: Address, City, State, and Zip for above reference company/agency listed: qi 00 J. 14. 4!14-. / arm 1 Reference No. 1: Name of Contact Person and Telephone Number for above reference no. 1 f erAro d-I. AI v' (305) - g g 1 (Aec') Reference No. 1: Date of Contract or Sale for above reference no. 1 We el) nctvcAer (,4_, ih Tito ovne4 ca e e'onlu ^U4ed , Reference No. 2: Name of Company/Agency for which bidder is currently providing the services/goods as described in this solicitation, or has provided such services/goods in the past: C1iy✓J� k(G1Wt' geaCiln Reference No. 2: Address, City, State, and Zip for above reference company/agency listed: \-3'6 I P e i (cw..ale _ J`Lore �}01, 1-V a,vv\\ FeoidA(- 1. 7? 13 g Reference No. 2: Name of Contact Person and Telephone Number for above reference no. 2 1-4Io. l,uw,vwtv\•P (59 1.2 - 6?5 &dui C)cva,..&114Wi a - (0a5q Reference No. 2: Date of Contract or Sale for above reference no. 2 Ci Cor32-0, key., 4,) iv.) a 14 OIv)d iNtf ee,h ewes(. Cur re(,, orn. Reference No. 3: Name of Company/Agency for which bidder is currently providing the services/goods as described in this solicitation,gqor has provided such services/goods in the past: ►Ur mfrv4 ®�i� e l.� �A � 1 ow- .P Per e * v' laa 4^C.l b Reference No. 3: Address, City, State, and Zip for above reference company/agency listed: 11 P (5- (PW. fA'reed-, [�I i s w.� I. 3), 1 j? Reference No. 3: Name of Contact Person and Telephone Number for above reference no. 3 \Av`, Decm G>a 1\ ✓ (-14) S — eTS.? Reference No. 3: Date of Contract or Sale for above reference no. 3 (A-i-""7— Sever-cA) C' ,VreAc ki uA11. �-l�� �av��� wAf FiO rcAA ? 10 , Page 4 of 39 Line: 1 Description: Regular Labor Rate for Painting Services and General Building Repairs Associated with Painting Only, Monday - Friday, 8:00 AM - 5:00 PM., Pursuant to Section 3.1, Specifications/Scope of Work Herein. Category: 96196-40 Unit of Measure: Hour Unit Price: $ 45°ic Line: 2 ao Number of Units: 1 Total: $ `I ., ,4 Description: Overtime Labor Rate for Painting Services and General Building Repairs Associated with Painting Only, Monday - Friday, 5:00 pm - 8:00 am, Weekends and Legal Holidays, Pursuant to Section 3.1, Specifications/Scope of Work Herein. Category: 96196-40 Unit of Measure: Hour Unit Price: $ (0-1+4 Number of Units: 1 Total: $ tom- Page 5 of 39 axtg of itx ANNIE PEREZ, CPPO EMILIO T. GONZALEZ Director of Procurement City Manager ADDENDUM NO. 1 July 13, 2018 INVITATION FOR BID (IFB), No. 902381, Painting Services & General Building Repairs at Police Facilities 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. Closing Date of IFB No. 902381 has been changed to July 24, 2018 at 1:00 PM. ALL OTHER TERMS AND CONDITIONS OF THE IFB REMAIN THE SAME. AP:ts Cc: Bid File Sincerely, Annie Perez, CPPO Director of Procurement 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. 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. 2nd 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. 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 law. 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 for the acquisition and cost. Notwithstanding any provision in the Contract to 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. Tau UU ANNIE PEREZ, CPPO Director of Procurement EMILIO T. GONZALEZ City Manager ADDENDUM NO.2 July 18, 2018 INVITATION FOR BID (IFB), NO. 902381, PAINTING SERVICES & GENERAL BUILDING REPAIRS AT POLICE FACILITIES 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. A. The following is the City's response to questions received from prospective Bidders: Q. 1 Is a Payment and Performance Bond required for this project? A. 1 No. A Payment arid Performance Bond is not required for this solicitation. Q. 2 Is the bid submittal done electronically through the Oracle system? A. 2 No, a hard copy of this bid shall be submitted to the City Clerk's office at City of Miami City Hall, 3500 Pan American Drive, Miami, FL. Q. 3 Are the locations listed in the bid the only Locations to be serviced? A. 3 Yes, however, pursuant to Section 2.33, Addition/Deletion of Facilities, the City reserves the right to add locations on an as needed basis. Q. 4 Does the hourly rate include the aerial/lift, equipment and supplies? A. 4 All equipment, inclusive of aerial/lift, and supplies will be billed at a pass through cost, pursuant to Section 2.17, Parts at Pass Through Cost. ALL OTHER TERMS AND CONDITIONS OF THE IFB REMAIN THE SAME. AP:ts Cc: Bid File Si cerely, Anni- Perez, CPPO Director of Procurement ATTACHMENT A CITY OF MIAMI LIVING WAGE ORDINANCE ARTICLE X. - LIVING WAGE REQUIREMENTS FOR SERVICE CONTRACTS AND CITY EMPLOYEESu 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, divisions 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 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. (Ord. No. 12787, § 2, 4-6-06; Ord. No. 13648, § 2, 11-17-16) Sec. 18-557. - Living wage. (a) Living wage paid. (1) New service contractors. All new service contracts shall pay to all its employees who provide covered 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 as defined in this section unless otherwise excluded pursuant to this article. (2) Existing service contracts. Service contracts awarded and effective or competitively solicited prior to January 1, 2017, shall not be subject to the payment of the living wage set forth in this section and shall continue to be governed by the terms and conditions of the respective solicitation and resulting contractual documents, when applicable. The living wage provisions shall apply to all contracts covered by this section unless specifically excluded by one or more subsections below: a. The living wage provision is disallowed by a federal or state law or regulation, grant requirements, or by a contract the city is accessing by "piggybacking", and which contract does not include a living wage provision; b. Funding sources for the contract disallow the living wage provision or provide contradictory funding requirements, or are contained in a contract awarded or solicited prior to the effective date of January 1, 2017, and which contract includes renewals or extensions; c. Professional service contracts awarded under the "Consultants Competitive Negotiation Act", F.S. § 287.055, for the professional services within the scope of the practice of architecture, professional engineering, landscape architecture, registered surveying, and/or mapping; d. The living wage provision is waived by the city commission by resolution, prior to issuance of the competitive solicitation document, upon written recommendation of the city manager or authorized designee, when the city commission finds it is in the best interest(s) of the city to approve such waiver, in which case the living wage provision shall not apply in the competitive solicitation document; or e. All responsible wage construction contracts covered by section 18-120 of this Code. (4) City employees. For covered employees of the city, the city will begin to pay the living wage on a phase - in basis over a nine-year period beginning with the 2006-2007 city budget year to be implemented in the 2014-2015 fiscal year. The city manager, in his sole discretion, without further city commission approval, shall have the option to consider whether it is in the city's best interest to complete the phase -in payment of living wage to city employees on a four-year period. Thereafter, the living wage to be paid by the city shall be subject to negotiations within the collective bargaining structure. (b) Health benefits; eligibility period. For a covered employer to comply with this article by choosing to pay the lower wage scale available when a covered employer also provides a standard health benefit plan, such health benefit plan shall consist of a payment of at least $1.81 per hour toward the provision of health benefits for covered employees and their dependents and shall be approved by the city. If the health benefit plan of the covered employer requires an initial period of employment for a new employee to be eligible for health benefits (the "eligibility period"), a covered employer may qualify to pay the $13.19 per hour wage scale for a term not to exceed the new employee's eligibility period, provided the new employee will be paid health benefits upon completion of the eligibility period, which period shall not exceed 90 days. (c) Certification required before payment. Any and all service contracts subject to this article shall be void, and no funds may be released, unless prior to entering any such contract with the city, the service contractor certifies to the city that it will pay each of its covered employees no less than the living wage. A copy of this Page 2 (3) certificate must be made available to the public upon request. The certificate, at a minimum, must include the following: (1) The name, address, and phone number of the employer, a contact person, and the specific project for which the service contract is sought; (2) The amount of the service contract and the city department the contract will serve. (3) A brief description of the project or service provided; (4) A statement of the wage levels for all covered employees; and (5) A commitment to pay all covered employees the living wage. (d) Observation of other laws. Every covered employee shall be paid without subsequent deduction or rebate on any account (except as such payroll deductions as are directed or permitted by law or by a collective bargaining agreement). The service contractor shall pay covered employees wage rates in accordance with federal and all other applicable laws such as overtime and similar wage laws. (e) Posting. A copy of the living wage rate shall be kept posted by the service contractor subject to this article, at the site of the work in a prominent place where it can easily be seen and read by the covered employees and shall be supplied to such employees within a reasonable time after a request to do so. Additionally, service contractors subject to this article, shall furnish a copy of the requirements of this article to any entity submitting a bid for a subcontract on any service contract subject to this article. Posting requirements will not be required where the service contractor subject to this article, prints the following statements on the front of the covered employee's first paycheck and every six months thereafter. "You are required by the City of Miami Living Wage Ordinance to be paid a living wage. If you do not believe you are being paid at the living wage rate, contact your employer, an attorney, or the City of Miami." All notices will be printed in English, Spanish and Creole. (f) Collective bargaining. Nothing in this article shall be read to require or authorize any service contractor subject to this article, to reduce wages set by a collective bargaining agreement or as required under any prevailing wage law. (Ord. No. 12787, § 2, 4-6-06; Ord. No. 13110, § 2, 10-22-09; Ord. No. 13405, § 2, 9-26-13; Ord. No. 13648, § 2, 11-17-16) Sec. 18-558. - Implementation. (a) Maintenance of payroll records. Each service contractor to which living wage requirements apply, as described in this article, shall maintain payroll record for all covered employees and basic records relating thereto and shall preserve them for a period of three years from the date of termination or expiration of the service contract. The records shall contain: (1) The name and address of each covered employee; (2) The job title and classification; (3) The number of hours worked each day; (4) The gross wages earned and deductions made; (5) Annual wages paid; (6) A copy of the social security returns and evidence of payment thereof; (7) A record of fringe benefit payments including contributions to approved plans; and (8) Any other data or information the city shall require from time to time. (b) Reporting payroll. Every six months, the service contractor to which living wage requirements apply, as described in this article, shall file with the city's procurement director a listing of all covered employees together with a certification of compliance with this article. Upon request from the city, the service contractor shall produce for inspection and copying its payroll records for any or all of its covered employees for any Page 3 period covered by the service contract. The city may examine payroll records as needed to ensure compliance. (Ord. No. 12787, § 2, 4-6-06; Ord. No. 13110, § 2, 10-22-09) Sec. 18-559. - Compliance and enforcement. (e) (f) (g) (a) Service contractor to cooperate. The service contractor shall permit city employees, agents, or representatives to observe work being performed at, in or on the project or matter for which the service contractor has a contract. The city representatives may examine the books and records of the service contractor relating to the employment and payroll of covered employees and may survey covered employees to determine if the service contractor is in compliance with the provisions of this article. (b) Complaint procedures and sanctions. An employee who believes that he/she is a covered employee of a service contractor and that the service contractor is or was not complying with the requirements of this article has a right to file a complaint with the procurement director of the city. Such complaints may be made at any time and shall be investigated within a reasonable period of time by the city. Written and oral statements by any such employee shall be treated as confidential and shall not be disclosed without the written consent of the employee to the extent allowed by the Florida Statutes. (c) Private right of action against service contractor. Any covered employee or former covered employee of a service contractor may, instead of utilizing the city administrative procedure set forth in this article, but not in addition to such procedure, bring an action by filing suit against the service contractor in any court of competent jurisdiction to enforce the provisions of this article and may be awarded back pay, benefits, attorney's fees, and costs. The applicable statute of limitations for such a claim will be two years as provided in F.S. § 95.11(4)(c) as may be amended from time to time for an action for payment of wages. The court may also impose sanctions on the service contractor, including those persons or entities aiding or abetting the service contractor, to include wage restitution to the affected covered employee and damages payable to the covered employee in the sum of up to $500.00 for each week the service contractor is found to have violated this article. (d) Sanctions against service contractors. For violations of this article, the city shall sanction a service contractor by requiring the service contractor to pay wage restitution at its expense for each affected employee. The city may also sanction the service contractor in at least one of the following additional ways: (1) The city may impose damages in the sum of $500.00 for each week for each covered employee found to have not been paid in accordance with this article; (2) The city may suspend or terminate payment under the service contract or terminate the contract with the service contractor; and The city may declare the service contractor ineligible for future service contracts for three years or until all penalties and restitution have been paid in full, whichever is longer. In addition, any employer shall be ineligible for a service contract where principal officers of such employer were principal officers of a service contractor who has been declared ineligible under this article. (4) If the contract has been awarded under the city procurement ordinance, the city may debar or suspend the contractor as provided therein. Public record of sanctions. All such sanctions recommended or imposed shall be a matter of public record. Sanctions for aiding and abetting. The sanctions contained in this article shall also apply to any party or parties aiding and abetting in any violation of this article. Retaliation and discrimination barred. A service contractor shall not discharge, reduce the compensation, or otherwise discriminate against any covered employee for making a complaint to the city, or otherwise asserting his or her rights under this article, participating in any of its proceedings or using any civil remedies to enforce his or her rights under this article. Allegations of retaliation or discrimination, if found true in a city administrative proceeding or by a court of competent jurisdiction, shall result in an order of restitution and reinstatement of a discharged covered employee with back pay to the date of the violation or such other relief as deemed appropriate. (3) Page 4 (h) Remedies herein non-exclusive. No remedy set forth in this article is intended to be exclusive or a prerequisite for asserting a claim for relief to enforce the rights under this article or in a court of law. This article shall not be construed to limit an employee's right to bring a common law cause of action for wrongful termination. (Ord. No. 12787, § 2, 4-6-06; Ord. No. 13648, § 2, 11-17-16) Sec. 18-560. - Employers receiving direct tax abatement or subsidy. The city reserves the right to impose the living wage requirements of this article on or after January 1, 2017 on any employer as a condition of that employer receiving a direct tax abatement or subsidy from the city. (Ord. No. 13648, § 2, 11-17-16) Secs. 18-561-18-599. - Reserved. Page 5 CITY OF MIAMI LOCAL OFFICE CERTIFICATION (City Code, Chapter 18, Article III, Section 18-73) Solicitation Type and Number: c. 0 2' \ (i.e. IFQ/IF'B/RFP/RFQ/RFLI No. 123456) Solicitation Title: S 1? -cv- £ e rq) 15:4:%\ci W�e1 , Atrr 01+ ci\kvif -PokAiv `s Wen C adder/Proposer) hereby certifies compliance with the Local Office requirements statdd under Chapter % /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 meets 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 PLEASE PROVIDE THE FOLLOWING INFORMATION: Bidder/Proposer Local Office Address: INCLAN PAINTING taa ra Au. sae s� Does Bidder/Proposer conduct verifiable, fu11= time, on -site employment at the local office for a minimum of forty (40) hours per calendar week? R YES NO If Bidder/Proposer's Local Office tenancy is pursuant to a lease, has Bidder/Proposer enclosed a copy of the lease? IV I YES Fl NO — N/A Has Bidder/Proposer enclosed a copy of the Business Tax Receipt (BTR) issued by the City of Miami and Miami -Dade County? City of Miami: YES Er NO fl E Exempt Cite Exemption: Miami -Dade County: '/ YES NO PI Exempt Cite Exemption: Has Bidder/Proposer enclosed a copy of the license, certificate of competency and certificate of use that authorizes the performance of Bidder/Proposer's business operations? YES N NO Bidder/Proposer's signature below certifies compliance with the Local Office requirements stated under Chapter 18/Article III, Section 18-73, of the Code of the City of Miami, Florida, as amended. Ntir: ot n Print Name (Bidder/Proposer Authorized Representative) Signature 2 Date FORM -City of Miami Local Office Certification 7/22/2013 STATE OF FLORIDA COUNTY OF N1c— df' Certified to and subscribed before me this day of )-\'r , lruif 3 kc (NOTARY SEAL) Personally Known , 20 I & , by (Signature V.tary Public -State of Florida) Mlreila M. Garda NOTARY PUBLIC STATE OF FLORIDA Gc mmft GG052476 (Name of Notary Type. , Priff d, or Stamped) OR Produced Identification Type of Identification Produced rr i' r} (' � 3 FORM -City of Miami Local Office Certification 7/22/2013 Inclan Painting and Waterproofing, Corp. Serving Florida since 1995 MDFRD VARIOUS FIRE STATIONS MIAMI-DADE COUNTY Contract Total: $79,500.00 Contact: Mr. Alberto M. Aleman Acting Building Manager Miami -Dade Fire Rescue Dept. 9300 NW 41 St. Doral, FI. 33178 786-331-4516 Office 305-986-8671 Cell 786-331-4521 Fax www.aaleman@miamidade.00v Station #17 Station #58: Complete Exterior Painting We have conducted Services for Miami -Dade County and Miami Dade Fire Rescue Department for many years now. We have provided services to over 30 stations in the past year alone. 12252 SW 128 Street Miami, FL 33126 Office: (786)293-7428 Fax: (786)293-7430 INFO@ INCLANPAINTING.NET Www.Inclanpainting.net Before c. 07/05/2016 Inclan Painting and Waterproofing, Corp Serving Florida since 1995 CMB BANDSHELL AUDITORIUM 7275 COLLINSAVE., ML4MI BEACH, FL. 33141 USA Contact: City of Miami Beach Mr. Brett Cummins 1701 Meridian Avenue, Suite 401 Miami Beach, FL 33139 (305) 322-6395 Services Provided Include: CONCRETE RESTORATION INCLUDING BUT NOT LIMITED TO REPAIR OF HOLES, CRACKS, AND STUCCO DAMAGE. REMOVE ALL LOSE AND DAMAGED STUCCO + : NEW STUCCO APPLIED. 44. APPLICATION OF PROTECTIVE WATERPROOFING COATINGS TO PREVENT FUTURE CRACKS 4 PRESSURE CLEAN, PRIME, SEAL, AND PAINT STAGE, STAGE WALL, CONCRETE TOWERS, and ALL SPECIFIED. Safety First! All OSHA Certified Staff. 12252 SW 128 Street Miami, FL 33126 Office: (786)293-7428 Fax: (786)293-7430 INFO@ INCLANPAINTING.NET Www.Inclanpainting.net Inclan Painting and Waterproofing, Corp Serving Florida since 1995 Crandon Park Tennis Stadium 7300 Crandon Blvd. Key Biscayne, FL 33149 -"; Services Provided: Exterior Painting, Canopy Restoration and Floor Systems Interior Painting Including restrooms & seating Areas 341. Floor Coatings throughout Completed March 2016 Contract Amount: $105,000.00 Contact: Dean Gaffney Construction & Renovation Supervisor I Miami -Dade County Parks, Recreation and Open Spaces Construction & Maintenance Division Ph: 305-596-4460 ext: 282 DeanGmiamidade. Gov vvww.miamidade.qov/parks 12252 SW 128 Street Miami, FL 33126 Office: (786)293-7428 Fax: (786)293-7430 INFO@ INCLANPAINTING.NET Www.Incianpaintinganet Inclan Painting and Waterproofing, Corp Serving Florida since 1995 Multiple Parks . r . of Tarn:Ian-1i Trail Miami Dade County North of SW 8th Street Services. Previdgd Ai !Maintenance and Rehabilitation . Exterior Painting and Floor Systems interior Painting Including restrooms & seating Areas Floor Coatings throughout Contact: Dean Gaffney Construction & Renovation Supervisor I Miami -Dade County Parks, Recreation and Open Spaces Construction & Maintenance Division Ph: 305-596-4460 ext: 282 DeanG(@rniamidade.Gov www. m i a m idade. o ov/parks Contract Total: $50,000.00 12252 SW 128 Street Miami, FL 33126 Office: (786)293-7428 Fax: (786)293-7430 INFO@ INCLANPAINTING.NET Www.Inclanpainting.net Inclan Painting and Waterproofing, Corp Serving Florida since 1995 GALLERIA LOFTS 1045 NE 18THAVE., FT. LAUDERDALE, FL. Before After Contact: HJ Services, Corp. Mr. Oscar Surganes (561)994-3434 Mr. Henry Varela D.L. (305) 322-6395 hvarela@hjservicescorp.com Services Provided Include: 4- CONDUCT NEW INSTALLATION OF STUCCO/PLASTER 4 CONDUCT SCRATCH AS SPECIFIED 4. INSTALL 5/8" LIGHT TEXTURED STUCCO FINISH 44 SKIM COAT SMOOTH STUCCO FINISH FOR UNDERSIDE OF EXTERIOR CONCRETE OVERHANGS 4 NEW STUCCO APPLIED. 14. APPLICATION OF PROTECTIVE WATERPROOFING TO WALLS AND BALCONIES 44 PREP, PRIME, SEAL, AND PAINT INTERIOR AND EXTERIOR OF FOUR BUILDINGS. LOFTS Safety First! All OSHA Certified Staff. 12252 SW 128 Street Miami, FL 33126 Office: (786)293-7428 Fax: (786)293-7430 INFO@ INCLANPAINTING.NET Www.Inclanpainting.net Inclan Painting and Waterproofing, Corp Serving Florida since 1995 Paramount Inspected Waterproofing Services Multiple Locations Project #1. Data Processing - Storefront Waterproofing Address: 5680 SW 87 AVE., Miami, Fl. Description: We were contracted to conduct installation of all new joint waterproofing both interior and exterior to this facility using DC 790 and 795. Paramount conducted a "Water test" and inspections where both they and Borges Architects confirm satisfactory work. Project #3. Gables East Apartments Address: 1801 S.W. 32 Ave. Miami, FI. Description: This New Construction was a year to project where we conducted Waterproofing to all balconies, joints and installations. Dymonic 100 was installed along with Tremco 350/351 installation as specified. All items passed as per Paramount Inspections. Contact: Paramount George Zammar, EIT 6135 NW 167' Street, Building E- Suitel Miami, FL. 33015 Telephone: 786-314-6141 Project #2. Galleria Lofts Address: 1045 N.E. 18 Avenue, Ft. Lauderdale, Fl. 33304 Description: Galleria Lofts is a 4 Building new construction establishment. We have provided waterproofing, interior and exterii painting and new stucco installations to all Buildings, 1025, 1045, 1034, and 1044. This project ran in multiple phases and all work has been reviewed and passed inspection to date. All balconies received Tremco 350/351 installation as specified. Project #4. Coco Bambu Restaurant South Beach Address: 955 Alton Road, Miami Beach, FI. 33139 Description We were subcontracted by ABC Construction to complete the below grade and above grade waterproofing at Coco Bambu. This project was completed using Voltex DS and Betoseal. Paramount conducted all Inspections. 12252 SW 128 Street Miami, FL 33126 Office: (786)293-7428 Fax: (786)293-7430 INFO@ INCLANPAINTING.NET Www.Inclanpainting.net Inclan Painting and Waterproofing, Corp. Serving Florida since 1995 Supplier and Credit References Reference 1. a. Company Name: Sherwin Williams b. Address: Sherwin-Williams #2105 10593 BIRD RD MIAMI, FL 33165 3747 USA c. Telephone Number: 786-412-3904 d. Contact Name: Sergio Gil Reference 2. a. Company Name: The Paint Spot b. Address: 9831 NW 58 Street c. Telephone Number: 305-470-2262 d. Contact Name: Juan Carlos Enriquez Reference 3. a. Company Name: The Home depot b. Address: 12700 SW 88th St, Miami, FL 33186 c. Telephone Number: 305-386-1900 d. Contact Name: Pro Section Reference 4. a. Company Name: Coastal Construction Products b. Address: 10501 NW 7TE; Ave., Miami, FL 33150 c. Telephone Number: Office:305.757.2121 d. Contact Name: Christian W. Rivas 12252 SW 128 Street Miami, FL 33126 Office: (786)293-7428 Fax: (786)293-7430 INFO@ INCLANPAINTING.NET Www.Inclanpaintina.net Inclan Painting and Waterproofing, Corp. Serving Florida since 1995 Reference 5. a. Company Name: Chase Bank — Credit Line b. Address: 12610 SW 120 Street, Miami, Fl. 33186 c. Telephone Number: (305) 2351279 d. Contact Name: Brach Manager or Mr. Jose Rivas Reference 6. a. Company Name: Miami Tool Rental b. Address: 7044 SW 8 Street c. Telephone Number: 305-269-7799 d. Contact Name: Jorge Diaz Reference 7. a. Company Name: SALCO Rental & Export LLC b. Address: 1070 East 52nd St., Hialeah, Fl. 33013 c. Telephone Number: 305-685-9613 d. Contact Name: Susan Martinez Reference 8. a. Company Name: Banner Supply b. Address: 1660 SW 13th Ct, Pompano Beach, FL 33069 c. Telephone Number: (954)781-2399 d. Contact Name: Tracy Pendergraft Reference 9. a. Company Name: Lanco Paint Products b. Address: 2234 N.W. 82 Avenue, Miami, F. 33122 c. Telephone Number: (305)389-7572 d. Contact Name: Al Palau 12252 SW 128 Street Miami, FL 33126 Office: (786)293-7428 Fax: (786)293-7430 INFO@ INCLANPAINTING.NET Www.Inclanpainting.net between WYNN D1N C4)R Lease Addendum THIS ADDENDUM was made and entered into on the 1- day of 2011. by and CIA L CENTER hereinafter referred DA to as "Landlord" and Inclan Painting and Waterpro ing Cohereinafter referred to as 'Tenant' for those premises known as 12252 SW 128"' Street, D-I2. Miami. Florida 33186 consisting of approximately 2,347 square feet and it is hereby agreed to as follows: This addendum is attached to and for all purposes made a part of the Lease agreement dated on the 17th, day of November, 2008. a. Landlord shall grant Tenant a two (2) year option to renew beginning on January 1. 2017 through the last day of Pecember. 2018; b. Beginning January I, 2017 through the last day of December. 2017, Tenant's monthly base rent shall be $1.662.46 plus sales tax (i.e. $ 1,778.83) and any other applicable charges; and c. Beginning January I. 201 S through the last day of December. 20111, Tenant's monthly base rent shall be $ 1.71 1,35 plus sales tax (Le. $ 1,831.14) and any other applicable charges; and d. OPTION TO RENEW: If Tenant is in good standings with the Landlord, the Landlord shall grant Tenant an additional two (2) year option to renew after the above term has expired under the same terms and conditions, except for the rent shall increase by the percentage increase in the Consumer Price Index for all urban consumers (CPI-U, 1982-84-100) U.S. City average for all items, but not in excess of eight (8%) per annum. IN WITNESS WHEREOF, the parties hereto have hereunto executed this instrument for the purpose herein expressed on the day and year above written. Signed and delivered in the presence of: WYNNE BUILDING CORP. A. Cesar Saavedra, Authorized Agent INCLAN PAINTING AND WATERPROOFING City of iami Procurement Department Miami Riverside Center 444 SW 2nd Avenue, 6th Floor Miami, Florida 33130 Web Site Address: ww_1n .mjamidov.com/procurement Number: Title: Issue Date/Time: 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: Hard Copy Submittal Location: Contracting Officer E-Mail Address: Contracting Officer Facsimile: 902381,2 IFB for Painting Services & General Building Repairs at Police Facilities 20-JUL-2018 24-JUL-2018 @ 13:00:00 None Tuesday, July 3, 2018 at 4:00 PM Soto, Teresa City of Miami - City Clerk 3500 Pan American Drive Miami FL 33133 US TSoto@miamigov.com (305)400-5024 Page 1 of 39 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 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 (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: CELL(Optional)• SIGNED BY. TITLE: DATE. FAILURE TO COMPLETE. SIGN. AND RETURN THIS FORM SHALL DISOUALIFY THIS RESPONSE. Page 2 of 39 Certifications Legal Name of Finn: 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: Will Subcontractor(s) be used? (Yes or No) If subcontractor(s) will be utilized, provide their name, address and the 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, 7/1/07). If no addendum/addenda was/were issued, please insert N/A. If Bidder has a Local Office, as defined under Chapter 18/Articlle 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" fonn? 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) Reference No. 1: Name of Company/Agency for which bidder is currently providing the services/goods Page 3 of 39 as described in this solicitation, or has provided such services/goods in the past: Reference No. 1: Address, City, State, and Zip for above.reference company/agency listed: Reference No. 1: Name of Contact Person and Telephone Number for above reference no. 1 Reference No. 1: Date of Contract or Sale for above reference no. 1 Reference No. 2: Name of Company/Agency for which bidder is currently providing the services/goods as described in this solicitation, or has provided such services/goods in the past: Reference No. 2: Address, City, State, and Zip for above reference company/agency listed: Reference No. 2: Name of Contact Person and Telephone Number for above reference no. 2 Reference No. 2: Date of Contract or Sale for above reference no. 2 Reference No. 3: Name of Company/Agency for which bidder is currently providing the services/goods as described in this solicitation, or has provided such services/goods in the past: Reference No. 3: Address, City, State, and Zip for above reference company/agency listed: Reference No. 3: Name of Contact Person and Telephone Number for above reference no. 3 Reference No. 3: Date of Contract or Sale for above reference no. 3 Page 4 of 39 Line: 1 Description: Regular Labor Rate for Painting Services and General Building Repairs Associated with Painting Only, Monday - Friday, 8:00 AM - 5:00 PM., Pursuant to Section 3.1, Specifications/Scope of Work Herein. Category: 96196-40 Unit of Measure: Hour Unit Price: $ Line: 2 Number of Units: 1 Total: $ Description: Overtime Labor Rate for Painting Services and General Building Repairs Associated with Painting Only, Monday - Friday, 5:00 pm - 8:00 am, Weekends and Legal Holidays, Pursuant to Section 3.1, Specifications/Scope of Work Herein. Category: 96196-40 Unit of Measure: Hour Unit Price: $ Number of Units: 1 Total: $ Page 5 of 39 902381,2 Table of Contents Terms and Conditions 7 1. General Conditions 7 1.1. GENERAL TERMS AND CONDITIONS 7 2. Special Conditions 27 2.1. PURPOSE 27 2.2. GENERAL REQUIREMENTS 27 2.3. TERM OF CONTRACT 27 2.4, PRE-BID/PRE-PROPOSAL CONFERENCE 27 2.5. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION 27 2.6. METHOD OF AWARD 28 2.7. BIDDER'S MINIMUM QUALIFICATION REQUIREMENTS 28 2.8. TIE BIDS 28 2.9. INSURANCE REQUIREMENTS 29 2.10. CITY OF MIAMI LIVING WAGE ORDINANCE 31 2.11. HOURLY RATE 31 2.12. OVERTIME 31 2.13. BACKGROUND CHECK 32 2.14. EMPLOYEES 32 2.15. LICENSES AND PERMITS 32 2.16. PROJECT MANAGER 33 2.17. PARTS AT PASS -THROUGH COST 33 2.18. WARRANTY, FITNESS FOR PURPOSE 33 2.19. SUPERVISORY MEETINGS/CONTACTS 34 2.20. NON -APPROPRIATION OF FUNDS 34 2.21. FAILURE TO PERFORM 34 2.22. CITY OCCUPANCY 34 2.23. USE OF PREMISES 34 2.24. SAFETY PRECAUTIONS 34 2.25. SAFETY MEASURE 35 2.26. PUBLIC SAFETY 35 2.27. DAMAGES TO PUBLIC/PRIVATE PROPERTY 35 2.28. DOCUMENTATION 35 2.29. INVOICING 36 2.30. DELAYS 36 2.31. FINAL CLEAN-UP 36 2.32. ACCEPTANCE OF WORK 36 2.33. ADDITIONS/DELETIONS OF FACILITIES 36 2.34. PRIMARY CLIENT (FIRST PRIORITY) 37 2.35. TERMINATION 37 2.36. ADDITIONAL TERMS AND CONDITIONS 37 3. Specifications 38 3.1. SPECIFICATIONS/SCOPE OF WORK 38 Page 6 of 39 902381,2 Terms and Conditions 1. General Conditions 1.1. GENERAL TERMS AND CONDITIONS Intent: The General Terms and Conditions described herein apply to the acquisition of goods/equipment/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 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 OR EQUIPMENT - Any good(s) or equipment delivered under this formal solicitation, if applicable, shall remain the property of the seller 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/equipment supplied to the City are found to be defective or does not conform to specifications, the City reserves the right to cancel the order upon written notice to the Contractor and return the product to the Contractor at the Contractor's expense. 1.2. ACCEPTANCE OF OFFER - The signed or electronic submission of your solicitation response shall be considered an offer on the part of the bidder/proposer; such offer shall be deemed accepted upon issuance by the City of a purchase order. 1.3. ACCEPTANCE/REJECTION — The City reserves the right to accept or reject any or all responses or parts of after opening/closing date and request re -issuance on the goods/services described in the formal solicitation. In the event of such rejection, the Director of Purchasing shall notify all affected bidders/proposers and make available a written explanation for the rejection. The City also reserves the right to reject the response of any bidder/proposer who has previously failed to properly perform under the terms and conditions of a contract, to deliver on time contracts of a similar nature, and who is not in a position to perform the requirements defined in this formal solicitation, The City further reserves the right to waive any irregularities or minor informalities or technicalities in any or all responses and may, at its discretion, re -issue this formal solicitation. 1.4. ADDENDA — It is the bidder's/proposer's responsibility to ensure receipt of all Addenda. Addenda are available at the City's website at: http://www.ci.miami.fl.us/procurement 1.5. ALTERNATE RESPONSES WILL NOT BE CONSIDERED. 1.6. ASSIGNMENT - Contractor agrees not to subcontract, assign, transfer, convey, sublet, or otherwise dispose of the resulting Contract, or any or all of its right, title or interest herein, without City of Miami's prior written consent, 1.7. ATTORNEY'S FEES - In connection with any litigation, mediation and arbitration arising out of this Contract, each party shall bear their own attorney's fees through and including appellate litigation and any post -judgment proceedings. 1.8. AUDIT RIGHTS AND RECORDS RETENTION - The Successful Bidder/Proposer 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 Contractor which are directly pertinent to this formal solicitation, for the purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder/Proposer shall maintain and retain any and all of Page 7 of 39 902381,2 the books, documents, papers and records pertinent to the Contract for three (3) years after the City makes final payment and all other pending matters are closed. Contractor's failure to or refusal to comply with this condition shall result in the immediate cancellation of this contract by the City, 1.9. 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(s)/proposer(s) 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 bid contract or agreement will establish its own contract/agreement, 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(s)/proposer(s). 1.10. AWARD OF CONTRACT: A. The Formal Solicitation, Bidder's/Proposer's response, any addenda issued, and the purchase order shall constitute the entire contract, unless modified in accordance with any ensuing contract/agreement, amendment or addenda. B. The award of a contract where there are Tie Bids will be decided by the Director of Purchasing or designee in the instance that Tie Bids can't be determined by applying Florida Statute 287.087, Preference to Businesses with Drug -Free Workplace Programs. C. The award of this contract may be preconditioned on the subsequent submission of other documents as specified in the Special Conditions or Technical Specifications. Bidder/Proposer shall be in default of its contractual obligation if such documents are not submitted in a timely manner and in the form required by the City. Where Bidder/Proposer is in default of these contractual requirements, the City, through action taken by the Purchasing Department, will void its acceptance of the Bidder's/Proposer's Response and may accept the Response from the next lowest responsive, responsible Bidder or Proposal most advantageous to the City or re -solicit the City's requirements. The City, at its sole discretion, may seek monetary restitution from Bidder/Proposer and its bid/proposal bond or guaranty, if applicable, as a result of damages or increased costs sustained as a result of the Bidder's/Proposer's default. D. The term of the contract shall be specified in one of three documents which shall be issued to the successful Bidder/Proposer. These documents may either be a purchase order, notice of award and/or contract award sheet. E. The City reserves the right to automatically extend this contract for up to one hundred twenty (120) 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 is exercised, the City shall notify the Bidder/Proposer, in writing, of its intent to extend the contract at the same price, terms and conditions for a specific number of days. Additional extensions over the first one hundred twenty (120) day extension may occur, if, the City and the Successful Bidder/Proposer 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 or individual -item basis, or such combination as shall best serve the interests of the City unless otherwise specified. H, A Contract/Agreement may be awarded to the Bidder/Proposer by the City Commission based upon the minimum qualification requirements reflected herein. As a result of a RFP, RFQ, or RFLI, the City reserves the right to execute or not execute, as applicable, an Agreement with the Proposer, whichever is determined to be in the Page 8 of 39 902381,2 City's best interests. Such agreement will be furnished by the City, will contain certain terms as are in the City's best interests, and will be subject to approval as to legal form by the City Attorney. 1.11. BID BOND/ BID SECURITY - A cashier's or certified check, or a Bid Bond signed by a recognized surety company that is licensed to do business in the State of Florida, payable to the City of Miami, for the amount bid is required from all bidders/proposers, if so indicated under the Special Conditions. This check or bond guarantees that a bidder/proposer will accept the order or contract/agreement, as bid/proposed, if it is awarded to bidder/proposer. Bidder/Proposer shall forfeit bid deposit to the City should City award contract/agreement to Bidder/Proposer and Bidder/Proposer 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/proposers within ten (10) days after the award and successful bidder's/proposer's acceptance of award. If sixty (60) 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. RESPONSE FORM (I3ARDCOPY FORMAT) - All forms should be completed, signed and submitted accordingly. 1.13. BID SECURITY FORFEITED LIQUIDATED DAMAGES - Failure to execute an Agreement 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 Security to the City, which forfeiture shall be considered, not as a penalty, but in mitigation of damages sustained. Award may then be made to the next lowest responsive, responsible Bidder or Proposal most advantageous to the City or all responses may be rejected. 1.14. BRAND NAMES - If and wherever in the specifications brand names, makes, models, names of any manufacturers, trade names, or bidder/proposer 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 wish to rule out other competitors' brands or makes, the phrase "OR EQUAL" is added. When bidding/proposing an approved equal, Bidders/Proposers will submit, with their response, complete sets of necessary data (factory information sheets, specifications, brochures, etc.) in order for the City to evaluate and determine the equality of the item(s) bid/proposed. The City shall be the sole judge of equality and its decision shall be final. 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 only upon request of the City. If samples should be requested, such samples must be received by the City no later than seven (7) calendar days after a formal request is made. 1.15. CANCELLATION - The City reserves the right to cancel all formal solicitations before its opening/closing. In the event of bid/proposal cancellation, the Director of Purchasing shall notify all prospective bidders/proposers and make available a written explanation for the cancellation. 1.16. CAPITAL EXPENDITURES - Contractor understands that any capital expenditures that the firm makes, or prepares to make, in order to deliver/perform the goods/services required by the City, is a business risk which the contractor must assume. The City will not be obligated to reimburse amortized or unamortized capital expenditures, or to maintain the approved status of any contractor. If 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/Proposer/Consultant, any sub-contractor/sub-consultant, 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/Proposer, 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 response Page 9 of 39 902381,2 for the same items/services or with the City of Miami's Purchasing Department or initiating department. The Bidder/Proposer certifies that its response is fair, without control, collusion, fraud or other illegal action. Bidder/Proposer 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/responses where collusion may have occurred. 1.19. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS - Contractor understands that contracts between private entities and local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, records keeping, etc. City and Contractor agree to comply with and observe all applicable laws, codes and ordinances as that may in any way affect the goods or equipment 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. B. 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. G. National Institute of Occupational Safety Hazards (NIOSH), as applicable to this Formal Solicitation. H. National Forest Products Association (NFPA), as applicable to this Formal Solicitation. I. 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 218.73 and 218.74 on Prompt Payment. Lack of knowledge by the bidder/proposer will in no way be a cause for relief from responsibility. Non-compliance with all local, state, and federal directives, orders, and laws may be considered grounds for termination of contract(s). Copies of the City Ordinances may be obtained from the City Clerk's Office. 1.20. CONE OF SILENCE - Pursuant to Section 18-74 of the City of Miami Code, a "Cone of Silence" is imposed upon each RFP, RFQ, RFLI, or IFB after advertisement 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 Contracts for the provision of goods and services and public works or improvements for amounts greater than $200,000. The Cone of Silence prohibits any communication regarding RFPs, RFQs, RFLI or IFBs (bids) 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 and any member of the respective selection/evaluation committee. The provision does not apply to, among other communications: Page 10 of 39 902381,2 oral communications with the City purchasing 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 -proposal or pre -bid conferences, oral presentations before selection/evaluation committees, contract negotiations during any duly noticed public meeting, 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 RFP, RFQ, RFLI or IFB (bid) documents (See Section 2.2. of the Special Conditions); or communications in connection with the collection of industry comments or the performance of market research regarding a particular RFP, RFQ, RFLI OR IFB by City Purchasing staff. Proposers or 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 Office of the City Clerk, which shall be made available to any person upon request. Written communications may be in the form of e-mail, with a copy to the Office of the City Clerk. In addition to any other penalties provided by law, violation of the Cone of Silence by any proposer or bidder shall render any award voidable. A violation by a particular Bidder, Proposer, Offeror, Respondent, 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 Ethics Commission. Proposers or bidders should reference Section 18-74 of the City of Miami Code for further clarification. 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 at 305-250-5360, to obtain a copy of same. 1.21. CONFIDENTIALITY - As a political subdivision, the City of Miami is subject to the Florida Sunshine Act and Public Records Law. If this Contract/Agreement 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/Proposers, 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/Proposer or its employees must be disclosed in writing to the City. Further, you must 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 your firm. A. Bidder/Proposer further agrees not to use or attempt to use any knowledge, property or resource which may be within his/her/its trust, or perform his/her/its duties, to secure a special privilege, benefit, or exemption for himself/herself/itself, or others. Bidder/Proposer may not disclose or use information not available to members of the general public and gained by reason of his/her/its position, except for information relating exclusively to governmental practices, for his/her/its personal gain or benefit or for the personal gain or benefit of any other person or business entity. B. Bidder/Proposer hereby acknowledges that he/she/it 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/Proposer further warrants that he/she/it 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/Proposer to immediate termination of any professional services agreement with the City, imposition of the maximum fine and/or any penalties allowed by law. Page 11 of 39 902381,2 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/Proposers 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/proposers 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/PROPOSER - All expenses involved with the preparation and submission of Responses to the City, or any work performed in connection therewith shall be borne by the B i dder(s)/Proposer(s). 1.25. DEBARMENT AND SUSPENSIONS (Sec 18-107) (a) Authority and requirement to debar and 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 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 and 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 or 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. (3) Conviction under state or federal antitrust statutes arising out of the submission of Bids or Proposals. (4) Violation of Contract provisions, which is regarded by the Chief Procurement Officer to be indicative of nonresponsibility. 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 or suspension. (5) Debarment or 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 Page 12 of 39 902381,2 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 party's right to seek judicial relief, 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 on a contract to provide goods or services to a public entity, may not submit a response on a contract 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 award or perform work as a contractor, supplier, subcontractor, or consultant under 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/Proposer 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/Proposer to meet any terms of this agreement, the City will notify the Bidder/Proposer of the default and will provide the contractor three (3) days (weekends and holidays excluded) to remedy the default. Failure on the contractor's part to correct the default within the required three (3) days shall result in the Contract being terminated and upon the City notifying in writing the contractor of its intentions and the effective 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/Proposer 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. 1.28. DETERMINATION OF RESPONSIVENESS - Each Response will be reviewed to determine if it is responsive to the submission requirements outlined in the Formal Solicitation. A "responsive" response 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 Page 13 of 39 902381,2 to comply with these requirements may deem a Response non -responsive. 1.29. DISCOUNTS OFFERED DURING TERM OF CONTRACT - Discount Prices offered in the response shall be fixed after the award 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(s)/Proposer(s) during the term of the contract. Such discounts shall remain in effect for a minimum of 120 days from approval by the City Commission Any discounts offered by a manufacturer to Bidder/Proposer will be passed on to the City. 1.30. DISCREPANCIES, ERRORS, AND OMISSIONS - Any discrepancies, errors, or ambiguities in the Formal Solicitation or addenda (if any) should be reported in writing to the City's Purchasing Department. Should it be found necessary, a written addendum will be incorporated in the Formal Solicitation and will become part of the purchase agreement (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 (as applicable) 2) Specifications 3) Special Conditions 4) General Terms and Conditions 1.31. EMERGENCY / DISASTER PERFORMANCE - In the event of a hurricane or other emergency or disaster situation, the successful vendor shall provide the City with the commodities/services defined within the scope of this formal solicitation at the price contained within vendor's response. Further, successful vendor shall deliver/perform for the city on a priority basis during such times of emergency. 1.32. ENTIRE BID CONTRACT OR AGREEMENT - The Bid Contract or Agreement consists of this City of Miami Formal Solicitation and specifically this General Conditions Section, Contractor's Response and any written agreement entered into by the City of Miami and Contractor in cases involving RFPs, RFQs, and RFLIs, 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 agreement conflicts with, modifies, alters or changes any of the terms and conditions contained in the Formal Solicitation and/or Response, the Formal Solicitation and then the Response shall control. This Contract may be modified only by a written agreement signed by the City of Miami and Contractor. 1.33. ESTIMATED QUANTITIES —Estimated quantities or estimated dollars are provided for your guidance only. 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 order for any given amount subsequent to the award of this contract. Said estimates may be used by the City for purposes of determining the low bidder or most advantageous proposer meeting specifications. The City reserves the right to acquire additional quantities at the prices bid/proposed or at lower prices in this Formal Solicitation. 1.34. EVALUATION OF RESPONSES A.Rejection of Responses The City may reject a Response for any of the following reasons: 1) Bidder/Proposer fails to acknowledge receipt of addenda; 2) Bidder/Proposer mistates or conceals any material fact in the Response ; Page 14 of 39 902381,2 3) Response does not conform to the requirements of the Formal Solicitation; 4) Response requires a conditional award that conflicts with the method of award; 5) Response does not include required samples, certificates, licenses as required; and, 6) Response was not executed by the Bidder's/Proposer(s) authorized agent. The foregoing is not an all inclusive list of reasons for which a Response may be rejected. The City may reject and re -advertise for all or any part of the Formal Solicitation whenever it is deemed in the best interest of the City. B. Elimination From Consideration 1) A 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 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 deliver on time contracts of a similar nature, 3) A contract may not be awarded to any person or firm which has been debarred by the City in accordance with the City's Debarment and Suspension Ordinance. C. Determination of Responsibility 1) Responses will only be considered from entities who are regularly engaged in the business of providing the goods/equipment/services required by the Formal Solicitation. Bidder/Proposer 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. The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and well established entity in line with the best industry practices in the industry as determined by the City. 2) The City may consider any evidence available regarding the financial, technical and other qualifications and abilities of a Bidder/Proposer, including past performance (experience) with the City or any other governmental entity in making the award. 3) The City may require the Bidder(s)/Proposer(s) to show proof 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. 1.35. EXCEPTIONS TO GENERAL AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS - Exceptions to the specifications shall be listed on the Response and shall reference the section. Any exceptions to the General or Special Conditions shall be cause for the bid (IFB) to be considered non -responsive. It also may be cause for a RFP, RFQ, or RFLI to be considered non -responsive; and, if exceptions are taken to the terms and conditions of the resulting agreement it may lead to terminating negotiations. 1.36. F.O.B. DESTINATION - Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the bidder/proposer must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in the bid/proposal price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection of bid/proposal. 1.37. FIRM PRICES - The bidder/proposer warrants that prices, terms, and conditions quoted in its response will be firm throughout the duration of the contract unless otherwise specified in the Formal Solicitation. Such prices will remain firm for the period of performance or resulting purchase orders or contracts, which are to be performed or supplied over a period of time. 1.38. FLORIDA MINIMUM WAGE - The Constitution of the State of Florida, Article X, Section 24, states that Page 15 of 39 902381,2 employers shall pay employee wages no less than the minimum wage for all hours worked in Florida. Accordingly, it is the contractor's and its' subcontractor(s) responsibility to understand and comply with this Florida constitutional minimum wage requirement and pay its employees the current established hourly minimum wage rate, which is subject to change or adjusted by the rate of inflation using the consumer price index 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 1st, At the time of responding, it is bidder/proposer and his/her subcontractor(s), if applicable, full responsibility to determine whether any of its employees may be impacted by this Florida Law at any given point in time during the term of the contract. If impacted, bidder/proposer must furnish employee name(s), job title(s), job description(s), and current pay rate(s). Failure to submit this information at the time of submitting a response constitute successful bidder's/proposer's acknowledgement and understanding that the Florida Minimum Wage Law will not impact its prices throughout the term of contract and waiver of any contractual price increase request(s). The City reserves the right to request and successful bidder/proposer must provide for any and all information to make a wage and contractual price increase(s) determination. 1.39. GOVERNING LAW AND VENUE - The validity and effect of this Contract shall be governed by the laws of the State of Florida. The parties agree that any action, mediation or arbitration arising out of this Contract shall take place in Miami -Dade County, Florida. 1.40. HEADINGS AND TERMS - The headings to the various paragraphs of this 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 provisions hereof. 1.41. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) - Any person 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 limited to: 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; D. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the Bidder/Proposer and reasonable assurances that IIHI/PHI will be held confidential; E. Making Protected Health Information (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 H. Making internal practices, books and records related to PHI available to the City of Miami for compliance audits. PHI shall maintain its protected status regardless of the form and method of transmission (paper records, and/or electronic transfer of data). The Bidder/ Proposer 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 - Contractor shall indemnify , hold harmless and defend the City, its officials, officers, Page 16 of 39 902381,2 agents, directors, and employees, from liabilities, damages, losses, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Contract and will indemnify, hold harmless and defend the City, its officials, officers, agents, directors and 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. These indemnifications shall survive the tenn of this Contract. In the event that any action or proceeding is brought against City by reason of any such claim or demand, Contractor shall, upon written notice from City, resist and defend such action or proceeding by counsel satisfactory to City. The Contractor expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by 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 hcrcin provided. The indemnification provided above shall obligate Contractor to defend at its own expense to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at City's option, any and all claims of Liability and all suits and actions of every name and description which may be brought against City whether performed by Contractor, or persons employed or utilized by Contractor. This indemnity will survive the cancellation or expiration of the Contract. This indemnity will be interpreted under the laws of the State of Florida, including without limitation and which conforms to the limitations of §725.06 and/or §725.08, Fla. Statues, as amended from time to time as applicable. Contractor shall require all Sub -Contractor agreements to include a provision that they will indemnify the City. The 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 Contractor in which the City participated either through review or concurrence of the Contractor's actions. In reviewing, approving or rejecting any submissions by the Contractor or other acts of the Contractor, the City in no way assumes or shares any responsibility or liability of the Contractor or Sub -Contractor, under this Agreement. 1.43. FORMATION AND DESCRIPTIVE LITERATURE —Bidders/Proposer must furnish all information requested in the spaces provided in the Formal Solicitation. Further, as may be specified elsewhere, each Bidder/Proposer 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 response or on file with the Buyer will not satisfy this provision. 1.44. INSPECTIONS - The City may, at reasonable times during the term hereof, inspect 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 Contractor under this Contract conform to the terms and conditions of the Formal Solicitation. 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 18-79), as same may be amended or supplemented from time to time. 1.45. INSPECTION OF RESPONSE - Responses 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/Proposal results will be tabulated and may be furnished upon request via fax or e-mail to the Sr. Procurement Specialist issuing the Solicitation. Tabulations also are available on the City's Web Site following recommendation for award. 1.46. INSURANCE - Within ten (10) days after receipt of Notice of Award, the successful Contractor, shall furnish Evidence of Insurance to the Purchasing Department, if applicable. Submitted evidence of coverage shall demonstrate strict compliance to all requirements listed on the Special Conditions entitled "Insurance Page 17 of 39 902381,2 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 insurance certificate is received within the specified time frame but not in the manner prescribed in this Solicitation the 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 Contractor fails to submit the required insurance documents in the manner prescribed in this Solicitation within fifteen (15) calendar days after receipt Notice of Award, the contractor shall be in default of the contractual terms and conditions and shall not be awarded the contract. Under such circumstances, the Bidder/Proposer may be prohibited from submitting future responses to the City. Information regarding any insurance requirements shall be directed to the Risk Administrator, Department of Risk Management, at 444 SW 2nd Avenue, 9th Floor, Miami, Florida 33130, 305-416-1604. The Bidder/Proposer shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in effect for the duration of the contractual period; including any and all option terms that may be granted to the Bidder/Proposer. 1.47. INVOICES - Invoices shall contain purchase order number and details 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 Payment Act). 1.48. LOCAL PREFERENCE A. 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 local bidder." B. City Code Section 18-86, states, "the RFP, RFLI or RFQ, as applicable, may, in the exercise of the reasonable professional discretion of the City Manager, director of the using agency, and the Chief Procurement Officer, include a five (5%) percent evaluation criterion in favor of proposers who maintain a local office, as defined in Section 18-73. In such cases, this five (5%) percent evaluation criterion in favor of proposers who maintain a local office will be specifically defined in the RFP, RFLI or RFQ, as applicable; otherwise, it will not apply. 1.49. MANUFACTURER'S CERTIFICATION -The City reserves the right to request from bidders/proposers a separate Manufacturer's Certification of all statements made in the bid/proposal. Failure to provide such certification may result in the rejection of bid/proposal or termination of contract/agreement, for which the bidder/proposer must bear full liability. 1.50. MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS - No contract or understanding to modify this Formal Solicitation and resultant purchase orders or contracts, if applicable, shall be binding upon the City unless made in writing by the Director of Purchasing of the City of Miami, Florida through the issuance of a change order, addendum, amendment, or supplement to the contract, purchase order or award sheet as appropriate. 1.51. NO PARTNERSHIP OR JOINT VENTURE - Nothing contained in this Contract will be deemed or construed to create a partnership or joint venture between the City of Miami and Contractor, or to create any other similar relationship between the parties. Page 18 of 39 902381,2 1.52. 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 Bidder's/Proposer's expense. These non -conforming items not delivered as per delivery date in the response and/or Purchase Order may result in bidder/proposer being found in default in which event any and all re -procurement costs may be charged against the defaulted contractor. Any violation of these stipulations may also result in the supplier's name being removed from the City of Miami's Supplier's list. 1.53. NONDISCRIMINATION —Bidder/Proposer agrees that it shall not discriminate as to race, sex, color, age, religion, national origin, marital status, or disability in connection with its performance under this formal solicitation. Furthermore, Bidder/Proposer agrees that no otherwise qualified individual shall solely by reason of his/her race, sex, 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, Bidder/Proposer shall not discriminate against any person on the basis of race, color, religion, disability, age, sex, marital status or national origin. All persons having appropriate qualifications shall be afforded equal opportunity for employment. 1.54. NON-EXCLUSIVE CONTRACT/ PIGGYBACK PROVISION - At such times as may serve its best interest, the City of Miami reserves the right to advertise for, receive, and award additional contracts for these herein goods and/or services, and to make use of other competitively bid (governmental) contracts, agreements, or other similar sources for the purchase of these goods and/or services as may be available. It is hereby agreed and understood that this formal solicitation does not constitute the exclusive rights of the successful bidder(s)/proposer(s) to receive all orders that may be generated by the City in conjunction with this Formal Solicitation. In addition, any and all commodities, equipment, and 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 this solicitation, unless such purchases are determined to be in the best interest of the City. 1.55. OCCUPATIONAL LICENSE - Any person, firm, corporation or joint venture, with a business location in the City of Miami and is submitting a Response under this Formal Solicitation shall meet the City's Occupational License Tax requirements in accordance with Chapter 31.1, Article I of the City of Miami Charter. Others with a location outside the City of Miami shall meet their local Occupational License Tax requirements. A copy of the license must be submitted with the response; however, the City may at its sole option and in its best interest allow the Bidder/Proposer to supply the license to the City during the evaluation period, but prior to award. 1.56. ONE PROPOSAL - Only one (1) Response from an individual, firm, partnership, corporation or joint venture will be considered in response to this Formal Solicitation. 1.57. 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/Proposer pursuant to this formal solicitation shall at all times remain the property of the City and shall not be used by the Bidder/Proposer for any other purposes whatsoever without the written consent of the City. 1.58. PARTIAL INVALIDITY - If any provision of this Contract or the application thereof to any person or Page 19 of 39 902381,2 circumstance shall to any extent be held invalid, then the remainder of this 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 this Contract shall be valid and enforced to the fullest extent permitted by law. 1.59. PERFORMANCE/PAYMENT BOND —A Contractor may be required to furnish a Performance/Payment Bond as part of the requirements of this Contract, in an amount equal to one hundred percent (100%) of the contract price. 1.60. PREPARATION OF RESPONSES (HARDCOPY FORMAT) —Bidders/Proposers are expected to examine the specifications, required delivery, drawings, and all special and general conditions. All bid/proposed amounts, if required, shall be either typewritten or entered into the space provided with ink. Failure to do so will be at the Bidder's/Proposer's risk. A. Each Bidder/Proposer shall furnish the information required in the Formal Solicitation. The Bidder/Proposer shall sign the Response and print in ink or type the name of the Bidder/Proposer, address, and telephone number on the face page and on each continuation sheet thereof on which he/she makes an entry, as required. 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/Proposer shall include in the response all taxes, insurance, social security, workmen's compensation, and any other benefits normally paid by the Bidder/Proposer 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 be presumed correct. C. The Bidder/Proposer must state a definite time, if required, in calendar days for delivery of goods and/or services. D. The Bidder/Proposer should retain a copy of all response documents for future reference. E. All responses, as described, must be fully completed and typed or printed in ink and must be signed in ink with the firm's name and by an officer or employee having authority to bind the company or firm by his/her signature. Bids/Proposals having any erasures or corrections must be initialed in ink by person signing the response or the response may be rejected. F. Responses are to remain valid for at least 180 days. Upon award of a contract, the content of the Successful Bidder's/Proposer's response may be included as part of the contract, at the City's discretion. G. The City of Miami's Response Forms shall be used when Bidder/Proposer is submitting its response in hardcopy format. Use of any other forms will result in the rejection of the response. IF SUBMITTING HARDCOPY FORMAT, THE ORIGINAL AND THREE (3) COPIES OF THESE SETS OF FORMS, UNLESS OTHERWISE SPECIFIED, AND ANY REQUIRED ATTACHMENTS MUST BE RETURNED TO THE CITY OR YOUR RESPONSE MAY BE DEEMED NON -RESPONSIVE. 1.61. PRICE ADJUSTMENTS — Any price decrease effectuated during the contract period either by reason of market change or on the part of the contractor to other customers shall be passed on to the City of Miami. 1.62. PRODUCT SUBSTITUTES - In the event a particular awarded and approved manufacturer's product becomes unavailable during the term of the Contract, the 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. Page 20 of 39 902381,2 1.63. CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS - 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 this Contract and that it 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 this Contract. 1.64. PROMPT PAYMENT —Bidders/Proposers may offer a cash discount for prompt payment; however, discounts shall not be considered in determining the lowest net cost for response evaluation purposes. Bidders/Proposers 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/Proposer must enter zero (0) for the percentage discount to indicate no discount. If the Bidder/Proposer fails to enter a percentage, it is understood and agreed that the terms shall be 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 discount applies. Price discounts off the original prices quoted on the Price Sheet will be accepted from successful bidders/proposers during the term of the contract. 1.65. PROPERTY - Property owned by the City of Miami is the responsibility of the City of Miami. Such property furnished to a Contractor for repair, modification, study, etc., shall remain the property of the City of Miami. Damages to such property occurring while in the possession of the Contractor shall be the responsibility of the Contractor. Damages occurring to such property while in route to the City of Miami shall be the responsibility of the Contractor. In the event that such property is destroyed or declared a total loss, the Contractor shall be responsible for replacement value of the property at the current market value, less depreciation of the property, if any. 1.66. PROVISIONS BINDING - Except as otherwise expressly provided in the resulting Contract, all covenants, conditions and provisions of the resulting Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns. 1.67. 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 submit a response on a contract to provide any goods or services to a public entity, may not submit a response on a contract with a public entity for the construction or repair of a public building or public work, may not submit responses 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 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 vendor list. 1.68. PUBLIC RECORDS - 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 of Miami 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. Contractor shall additionally comply with the provisions of Section 119.0701, Florida Statutes, entitled "Contracts; public records". Contractor's failure or refusal to comply with the provision of this section shall result in the immediate cancellation of this Contract by the City. Page 21 of 39 902381,2 1.69. QUALITY OF GOODS, MATERIALS, SUPPLIES, PRODUCTS, AND EQUIPMENT - All materials used in the manufacturing or construction of supplies, materials, or equipment covered by this solicitation shall be new. The items bid/proposed must be of the latest make or model, of the best quality, and of the highest grade of workmanship, unless as otherwise specified in this Solicitation. 1.70. QUALITY OF WORK/SERVICES - The work/services performed must 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 this Solicitation. 1.71. REMEDIES PRIOR TO AWARD (Sec. 18-106) - If prior to Contract award it is determined that a formal solicitation or proposed award is in violation of law, then the solicitation or proposed award shall be cancelled by the City Commission, the City Manager or the Chief Procurement Officer, as may be applicable, or revised to comply with the law. 1.72. RESOLUTION OF CONTRACT DISPUTES (Sec. 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 controversies between the Contractual Party 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 controversies 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. 1.73. RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (Sec. 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. Protests thereon shall be governed by the Administrative Policies and Procedures of Purchasing. 1.Protest of Solicitation. i. 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 ii. Any prospective bidder who intends to contest the Solicitation Specifications or a solicitation 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 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. i. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within two days after Page 22 of 39 902381,2 receipt by the proposer of the notice of the City Manager's recommendation for award of Contract, which will be posted on the City of Miami Purchasing Department website, in the Supplier Comer, Current Solicitations and Notice of Recommendation of Award Section. The notice of the City Manager's recommendation can be found by selecting the details of the solicitation and is listed as Recommendation of Award Posting Date and Recommendation of Award To fields. If "various" is indicated in the Recommendation of Award To field, the Bidder/Proposer must contact the buyer for that solicitation to obtain the suppliers name. It shall be the responsibility of the Bidder/Proposer to check this section of the website daily after responses are submitted to receive the notice; or ii. 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. iii. A written protest based on any of the foregoing must be submitted to the Chief Procurement Officer within five (5) 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. The Chief Procurement Officer shall have the authority, subject to the approval of the City Manager and the city attorney, to settle and resolve any written protest. The Chief Procurement Officer shall obtain the requisite approvals and communicate said decision to the protesting party and shall submit said decision to the City Commission within 30 days after he/she receives the protest. In cases involving more than $25,000, the decision of the Chief Procurement Officer shall be submitted for approval or disapproval thereof to the City Commission after a favorable recommendation by the city attorney and the City Manager. (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 Page 23 of 39 902381,2 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. (f) 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 $5000.00, 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. 1.74. 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)/proposer(s) will be notified to remove samples, at their expense, within 30 days after notification. Failure to remove the samples will result in the samples becoming the property of the City. 1.75. SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES - Contractor shall not sell, assign, transfer or subcontract at any time during the term of the Contract, or any part of its operations, or assign any portion of the performance required by this 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. 1.76. SERVICE AND WARRANTY —When specified, the bidder/proposer shall define all warranty, service and replacements that will be provided. Bidders/Proposer must explain on the Response to what extent warranty and service facilities are available. A copy of the manufacturer's warranty, if applicable, should be submitted with your response. 1.77. SILENCE OF SPECIFICATIONS - The apparent silence of these specifications and any supplemental 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 are to be used. All workmanship and services is to be first quality. All interpretations of these specifications shall be made upon the basis of this statement. If your firm has a current contract with the State of Florida, Department of General Services, to supply the items on this solicitation, the bidder/proposer shall quote not more than the contract price; failure to comply with this request will result in disqualification of bid/proposal. 1.78. SUBMISSION AND RECEIPT OF RESPONSES - Responses shall be submitted electronically via the Oracle System or responses may be submitted in hardcopy format to the City Clerk, City Hall, 3500 Pan American Drive, Miami, Florida 33133-5504, at or before, the specified closing date and time as designated in the IFB, RFP, RFQ, or RFLI. NO EXCEPTIONS. Bidders/Proposers are welcome to attend the solicitation closing; however, no award will be made at that time. A. Hardcopy responses shall be enclosed in a sealed envelope, box package. The face of the envelope, box or package must show the hour and date specified for receipt of responses, the solicitation number and title, and the name and return address of the Bidder/Proposer. Hardcopy responses not submitted on the requisite Response Forms may be rejected. Hardcopy responses received at any other location than the specified shall be deemed non -responsive. Page 24 of 39 902381,2 Directions to City Hall: FROM THE NORTH: I-95 SOUTH UNTIL IT TURNS INTO US1. US 1 SOUTH TO 27TH AVE., TURN LEFT, PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT. FROM THE SOUTH: US1 NORTH TO 27TH AVENUE, TURN RIGHT, PROCEED SOUTH TO SO. BAYSHORE DR, (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT. B. Facsimile responses will not be considered. C. Failure to follow these procedures is cause for rejection of bid/proposal. D. The responsibility for obtaining and submitting a response on or before the close date is solely and strictly the responsibility of Bidder/Proposer. The City of Miami is not responsible for delays caused by the United States mail delivery or caused by any other occurrence. Responses received after the solicitation closing date and time will be returned unopened, and will not be considered for award. E. Late responses will be rejected. F. All responses are subject to the conditions specified herein. Those which do not comply with these conditions are subject to rejection. G. Modification of responses already submitted will be considered only if received at the City before the time and date set for closing of solicitation responses. All modifications must be submitted via the Oracle System or in writing. Once a solicitation closes (closed date and/or time expires), the City will not consider any subsequent submission which alters the responses. H. If hardcopy responses are submitted at the same time for different solicitations, each response must be placed in a separate envelope, box, or package and each envelope, box or package must contain the information previously stated in 1.82.A. 1.79. TAXES - The City of Miami is exempt from any taxes imposed by the State and/or Federal Government. Exemption certificates will be provided upon request. Notwithstanding, Bidders/Proposers should be aware of the fact that all materials and supplies which are purchased by the Bidder/Proposer for the completion of the 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/Proposer. 1.80. TERMINATION —The City Manager on behalf of the City of Miami reserves the right to terminate this contract by written notice to the contractor effective the date specified in the notice should any of the following apply: A. The contractor is determined by the City to be in breach of any of the terms and conditions of the contract. B. The City has determined that such termination will be in the best interest of the City to terminate the contract for its own convenience; C. Funds are not available to cover the cost of the goods and/or services. The City's obligation is contingent upon the availability of appropriate funds. 1.81. TERIVIS OF PAYMENT e Payment will be made by the City after the goods and/or services awarded to a Bidder/Proposer have been received, inspected, and found to comply with award specifications, free of damage or Page 25 of 39 902381,2 defect, and properly invoiced. No advance payments of any kind will be made by the City of Miami. Payment shall be made after delivery, within 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, 1.82. TIMELY DELIVERY - Time will be of the essence for any orders placed as a result of this 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 on their Response. Deliveries are to be made during regular City business hours unless otherwise specified in the Special Conditions. 1.83. TITLE - Title to the goods or equipment shall not pass to the City until after the City has accepted the goods/equipment or used the goods, whichever comes first. 1.84.TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE- All Responses 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 Response 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 "TRADE SECRETS EXCEPTION," with your firm's name and the Solicitation number and title marked on the outside. Please be aware that the designation of an item as a trade secret by you may be challenged in court by any person. By your designation of material in your Response as a "trade secret" you agree 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 your claim. 1.85. UNAUTHORIZED WORK OR DELIVERY OF GOODS- Neither the qualified Bidder(s)/Proposer(s) nor any of his/her employees shall perform any work or deliver any goods unless a change order or purchase order is issued and received by the Contractor. The qualified Bidder(s)/Proposer(s) shall not be paid for any work performed or goods delivered outside the scope of the contract or any work performed by an employee not otherwise previously authorized. 1.86. 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 this Solicitation are to be mentioned, or imply the name of the City, without prior express written permission of the City Manager or the City Commission. 1.87. VARIATIONS OF SPECIFICATIONS - For purposes of solicitation evaluation, bidders/proposers must indicate any variances from the solicitation specifications and/or conditions, no matter how slight. If variations are not stated on their Response, it will be assumed that the product fully complies with the City's specifications. Page 26 of 39 902381,2 2. Special Conditions 2.1. PURPOSE The purpose of this Solicitation is to establish a contract, for painting & general building repairs associated with painting at Police facilities, as specified herein, from a source(s), fully compliant with the terms, conditions and stipulations of the solicitation. 2.2. GENERAL REQUIREMENTS The Successful Bidder agrees that the he/she shall at all times employ, maintain and assign to the performance of the work a sufficient number of competent and qualified professionals and other personnel to meet the requirements of the work to be performed. The Successful Bidder agrees to adjust staffing levels or to replace any staff personnel if so ordered by the City, should the City make a determination in it sole discretion, that said staffing is inappropriate or that any individual is not performing in a manner consistent with the requirements for such position. The Successful Bidder warrants and represents that its staff personnel has the necessary skills, training, background, knowledge, experience, and licenses as necessary to perform the work, in a competent and professional manner. The Successful Bidder shall at all times cooperate with the City and coordinate its respective work efforts to most effectively progress the performance of the work. The City and other agencies authorized by the City, shall have free access at all times to the work site. 2.3. TERIdI 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 two (2) additional one (1) year periods, subject to the availability of funds for succeeding fiscal years. Continuation of the Contract beyond the initial period is a City prerogative; not a right of the Bidder. This prerogative will be exercised only when such continuation is clearly in the best interest of the City. 2.4. PRE-BID/PRE-PROPOSAL CONFERENCE None 2.5. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORNIATION/CLARIFICATION Any questions or clarifications concerning this solicitation shall be submitted by email or facsimile to the Procurement Department, Attn: Teresa Soto; fax: (305) 400-5024 or email: tsoto@miamigov.com, and a copy filed with the Office of the City Clerk, pursuant to Section 1.34. Cone of Silence. The solicitation title and number shall be referenced on all correspondence. All questions must be received no later than Tuesday, July 3, 2018 at 4:00 PM. 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. Page 27 of 39 902381,2 2.6. METHOD OF AWARD Award of this Contract will be made to the lowest responsive and responsible Bidder who meets Specifications, herein. 2.7. BIDDER'S MINIMUM QUALIFICATION REQUIREMENTS Bids will only be considered from firms that are regularly engaged in the business of providing goods and/or services described herein for five (5) years. The Bidder shall satisfy each of the following requirements: The Bidder shall: 1. Have a General Contractor's License with five (5) years experience in commercial painting; 2, Hold current license and permits required by the City of Miami, Miami -Dade County, and the State of Florida (if applicable), necessary and required to perform proposed work; and 3. All workforce employed for project shall have five (5) years experience in commercial building painting. Note: Licenses and permits must be submitted with the bid. 2.8. 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 unposed 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 this section. Page 28 of 39 902381,2 2.9. INSURANCE REQUIREMENTS INDEMNIFCATION Successful Bidder 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 and persons employed or utilized by Successful Bidder in the performance of this Contract. Successful Bidder 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 shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The Successful Bidder expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the Successful Bidder 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 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, or persons employed or utilized by Successful Bidder. 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 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 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 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 or other acts of the Successful Bidder, the City, in no way, assumes or shares any responsibility or liability of the Successful Bidder 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. Please see attached Insurance Addendum for insurance definitions, requirements, and conditions. The Successful Bidder 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 Page 29 of 39 902381,2 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 $500,000 for bodily injury caused by disease, policy limit (2) Commercial General Liability: 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. Products and Completed Operations and Fire Damage: $1,000,000. B. Endorsements Required: City of Miami included as an Additional insured. Contingent and Contractual Liablity Primacy Insurance Clause Endorsement Premises and Operations Liability (3) BusinessAutomobile Liability A. Limits of Liability Bodily injury and property damage liability combined single limits. Any Auto, including hired, borrowed or owned, or non -owned autos used in connection with the work - $1,000,000 B. Endorsements Required: City of Miami included as an Additional Insured BINDERS ARE UNACCEPTABLE. The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer in accordance to policy provisions. 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. 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 of his liability and obligation under this section or under any other section of this Agreement. Page 30 of 39 902381,2 --If insurance certificates are scheduled to expire during the contractual period, the Successful Bidder 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 for Bid. (5) The City may, at its sole discretion, terminate this contract for cause and seek re -procurement damages from the Successful Bidder in conjunction with the General and Special Terms and Conditions of the Bid. The Successful Bidder 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. 2.10. 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. 2.11. HOURLY RATE The hourly rate quoted shall include full compensation for supplies, labor, equipment use, travel time, and any other cost to the Successful Bidder. Regular Rate -Hourly rate for straight time repairs, i.e., from 8:00 A.M. to 5:00 P.M., Monday through Friday (rate is to include labor and travel, parts are not included). 2.12. OVERTIME The City shall allow overtime payment at a maximum rate of one and half times the regular hourly wage quotes by the Successful Bidder. This allowance shall only be provided in those instances where expressly authorized by the Project Manager or designee prior to commencement of the overtime work. Further, overtime work shall not be allowed during the normal work day. Page 31 of 39 902381,2 Overtime Rate -Hourly rate for overtime repairs, i.e., from 5:00 P.M. to 8:00 A.M., Monday through Friday and twenty four (24) hours on weekends and legal holidays (rate is to include labor and travel, parts are not included). Legal Holidays New Year's Day Martin Luther King Birthday President's Day Memorial Day Fourth of July Labor Day Columbus Day Veteran's Day Thanksgiving Day Friday after Thanksgiving Day Christmas Day 2.13. BACKGROUND CHECK Level II Background Checks shall be conducted and paid for by the Successful Bidder for each employee anticipated to work in the City facilities. The Successful Bidder agrees not to permit any employee to have access to facilities herein designated until the clearance requirements specified are met. For facilities with a higher security clearance additional background checks may be required. 2.14. EMPLOYEES Work shoes (footwear which fully covers and protects the entire foot), shall be worn at all times. Shorts, torn and/or dirty clothing, cu-off t-shirts, and clothing with unacceptable verbiage, as determined by the City, shall not be worn. The employee(s) of the Successful Bidder shall at all times wear his/her company issued identification badge. Should the Successful Bidder not issue such a form of identification, the employee(s) shall wear an issued badge from the City of Miami Police Department facility being serviced. The facility may require both a facility badge and a company badge. The Successful Bidder's employee(s), regardless of the nature of the call, shall always identify him/herself to the lobby security, request to speak with the Project Manager or designee, and sign in and out. 2.15. LICENSES AND PERMITS Services performed for the City will require licenses and permits in the same manner as other projects within the City. The Successful Bidder shall secure, at his/her 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 must fully comply with all federal and state laws, county and municipal ordinances, and regulations in any manner affecting the performance of the work. Any fines or penalties to the Successful Bidder Page 32 of 39 902381,2 shall be paid at the Successful Bidder's expense. 2.16. PROJECT MANAGER Upon award, the Successful Bidder shall report and work directly with Angel Blanco, who shall be designated as the Project Manager. 2.17. PARTS AT PASS -THROUGH COST All cost for parts required for repair jobs and not otherwise included in the routine painting and general building repairs associated with painting, and all paint shall be billed at the Successful Bidder's actual cost, and will be passed on to the City without markup or any additional fees. Successful Bidder shall submit purchase receipt of parts along with labor invoice for payment. Successful Bidder shall be responsible for sourcing all parts necessary to complete the work requirements of each job specification. Replacement parts furnished must be of the same manufacturer or an equal product. All equipment and materials shall be commercial quality and grade, and be from a regular product line. Prototype, obsolete, and residential quality/grade equipment/materials shall not be specified or installed in the facilities. All parts installed and materials used in performance of this Contract shall be new and unused (of current design and manufacture). Salvage materials will not be allowed without the express consent of the Project Manager or designee. All materials and workmanship shall be for the highest quality and shall conform to all applicable codes, so as to ensure safe and functional operations. The City shall be the sole judge as to parts and workmanship. 2.18. WARRANTY, FITNESS FOR PURPOSE The Successful Bidder warrants the materials supplied and the work performed under this contract conform to warranty materials provided and work performed for one (I) year from date of completion. In addition to all other warranties that may be supplied by the Successful Bidder, the Successful Bidder shall warrant its products and/or service against faulty labor and/or defective material for a minimum period of one (1) year after the date of acceptance of the labor, materials and/or equipment by the City. This warranty requirement shall remain in force for the full one (1) year period; regardless of whether the Successful Bidder is under contract with the City at the time of any defect. Any payment by the City on behalf of the goods or services received from the Successful Bidder does not constitute a waiver of these warranty provisions. The Successful Bidder 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 of such deficiency in writing. If the Successful Bidder 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, in writing, that the Successful Bidder 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 fails to satisfy the warranty within the period specified in the notice, the City may (a) place the Successful Bidder in defaults of its contract, and/or (b) procure the products or services from another Bidder and charge the Successful Bidder for any additional costs that are incurred by the City for this work or items; either through a credit memorandum or through invoicing. Page 33 of 39 902381,2 2.19. SUPERVISORY MEETINGS/CONTACTS The Successful Bidder shall provide an executive -level manager representative to meet with the City's Project Manager, designee, or facility liaison, at the discretion of the City, for the purpose of reviewing contract compliance and performance. The Successful Bidder shall supply the name and telephone numbers, home and office, of at least two (2) company individuals with the authority to make management decisions and who can be reached at any time. 2.20. 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 Successful Bidder or his 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). 2.21. FAILURE TO PERFORM Should it not be possible to reach the Successful Bidder or 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 declare Successful Bidder in default of the contract or make appropriate reductions in the contract payment. 2.22. CITY OCCUPANCY The City may occupy all or any portions of the facility during the entire period of work. The Successful Bidder shall cooperate fully with the Project Manager, designee, or facility liaison, during the work to minimize conflicts and to facilitate City operations and the operations of any other contractors. 2.23. USE OF PREMISES The Successful Bidder shall confine his/her equipment, apparatus, the storage of materials, and the operation of his/her workmen to the limits indicated by law, ordinances, permits, or direction of the Project Manager, designee, or facility liaison, and shall not unreasonably encumber the premises with his/her materials, The Successful Bidder shall take all measures necessary to protect their own materials. 2.24. SAFETY PRECAUTIONS The Successful Bidder must adhere to the applicable environmental protection guidelines for the entire duration of the work. If hazardous waste materials are used, detected or generated at any time, the Project Manager, designee, or facility liaison, must be immediately notified of each and every occurrence. Successful Bidder shall comply with all codes, ordinances, rules, orders and other legal requirements of public authorities (including OSHA, EPA, DERM, Miami -Dade County PDR South Florida Building Code) which bear on the performance of the work. The Successful Bidder shall take the responsibility to ensure that all work is provided with the adequate safeguards, that are necessary for the protection of their employees, as well as the pubic and City employees. Page 34 of 39 902381,2 If an emergency condition should develop during work, the Successful Bidder must immediately notify the Project Manager, designee, or facility liaison, of each and every occurrence. The Successful Bidder should also recommend any appropriate courses of action to the Project Manager, designee, or facility liaison, 2.25. SAFETY MEASURE Successful Bidder 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 his/her operation and work in progress must be posted. All employees of Successful Bidder shall be expected to wear safety glasses or goggles, appropriate clothing, and hearing protection when and wherever applicable. The Successful Bidder shall use only equipment that is fully operational and in safe operating order. Successful Bidder 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. 2.26. PUBLIC SAFETY The Successful Bidder shall conduct his/her work so as to interfere as little as possible with private business or public travel. He/She shall, at his/her 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 he/she shall be liable for all damages occasioned in any way by his actions or neglect or that of his agents or employees, The Successful Bidder shall meet the following noise abatement performance standards for all construction equipment: Between the hours of 7:00 A.M. and 6:00 P.M. noise levels shall not exceed 80 dBA at the nearest residential or commercial property line. Operation of equipment should be avoided between the hours of 6:00 P.M. and 7:00 A.M., but if required, the noise level shall not exceed 65 dBA, 2.27. DAMAGES TO PUBLIC/PRIVATE PROPERTY The Successful Bidder 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, at his/her 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 month from date damage was done). 2.28. DOCUMENTATION The Successful Bidder shall leave with the City's Project Manager, designee, or facility liaison 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 Page 35 of 39 902381,2 left wtih the City's facility liaison or his/her representative, should the liaison not be available. 2.29. INVOICING Invoices submitted for payment by the City shall contain purchase order number, work order number, if applicable, details of service(s) performed, number of labor hours for each worker (if applicable), hourly rate for each worker, total man hours billed, and material/parts furnished and actual cost itemized separate from the labor rates and number of labor hours. Copies of invoices or other appropriate documentation including available receipts for material/parts purchased or supplied shall be provided for each job to support their actual cost 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 item. Material, parts, or equipment installed shall be invoiced at Successful Bidder's actual cost to include any and all discounts offered by his/her supplier. Material prices submitted are subject to verification by the City. Failure 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. 2.30. DELAYS The Successful Bidder shall notify the Project Manager, designee, or facility liaison of any actual or potential delays. 2.31. FINAL CLEAN-UP Upon completion of the work and before acceptance and final payment is made, the Successful Bidder 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 work in a neat and presentable condition. 2.32. ACCEPTANCE OF WORK Should any work not meet the expectations of the City's Project Manager, designee, or facility liaison, the Successful Bidder shall be required to correct the fault or faults at his/her expense in both time and material. 2.33. ADDITIONS/DELETIONS OF FACILITIES Although this Solicitation identifies specific facilities to be serviced, it is hereby agreed and understood that any facility may be added/deleted to/from this contract at the option of the City. When an addition to the contract is required, the Successful Bidder under this contract shall be invited to submit price quotes for these new services/items/products. If these quotes are comparable with market prices offered for similar services/items/products, 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. Page 36 of 39 902381,2 2.34. PRIMARY CLIENT (FIRST PRIORITY) The Successful Bidder 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 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. 2.35. TERMINATION A. FOR DEFAULT If Successful Bidder 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 shall he 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 was not in default or (2) the Successful Bidder's failure to perform is without his or his subcontractor's control, fault or negligence, the termination will be deemed to be a termination for the convenience of the City of Miami. 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 interests 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 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. 2.36. 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 Bidder's authorized signature affixed to the Bidder's acknowledgment form attests to this. Page 37 of 39 902381,2 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK Successful Bidder shall provide all labor, supplies, materials and equipment, inclusive of paint, necessary to provide painting services and general building repairs associated with painting only, at City of Miami Police Department Facilities. The following are the City of Miami Police Facilities to be serviced: 1. Central Station and Parking Garage, 400 NW 2 Avenue; 2. South Station, 2200 West Flagler Street; 3. North Station, 1000 NW 62 Street; 4. Special Operations Center (SOS Building), 1701 NW 30 Avenue; 5. College of Police, 400 NW 2 Avenue; 6. College of Police Auditorium, 350 NW 2 Avenue; 7. Law Enforcement Officer's Memorial High School (LEOM), 300 NW 2 Avenue; 8. David Herring Building, 2301 NW 23 Street; 9. Bicycle Patrol, 460 NW 2 Avenue; 10. Marine Patrol, 1001 MacArthur Causeway; 11. Internal Affairs (IA), 5040 NW 7 Street; 12. Auto Pound Locations: Annex: 550 NW 3 Street; Outside Warehouse, 301 NW 6 Street; Auto Pound, 300 NW 7 Street; Bike Pound, 305 NW 7 Street. 13. City of Miami Police Stables, 350 NW 3 Street; Successful Bidder shall: 1. Construct and remove any temporary access to work site if necessary with barricades or orange fencing: a) Protect surrounding surfaces; b) Maintain a safe work environment utilizing industry standard tools such as ladders, scaffolding, swing stage, lifts, etc. 2. Prepare and/or remove wall vinyl/wall paper as needed; 3. Refurbish/repair/install drywall, plaster and other masonry surfaces and structures; a) Utilize water and oil base finishes, varnishes, lacquers, and enamels, plaster, compound, cementitious materials, epoxies, caulking, 4. Paint surfaces utilizing standard tools such as paint brushes, rollers, hawk, spray machines, etc.; a) Specifications of paint shall be provided by the City. 5. Dispose of all debris off site; and Page 38 of 39 902381,2 6. Leave site in "ready" for use conditions. Notes: 1. Additional work outside the scope of work shall be reported to the Project Manager prior to commencement. No work shall be completed without the written approval of the Project Manager or Designee. **Note: LICENSES AND PERMITS: Services performed for the City will require licenses and permits in the same manner as private construction projects within the City. The Successful Bidder shall secure, at his/her expense, all licenses and permits and shall filly comply with all applicable laws, regulations and codes as required by the State of Florida, county, or local ordinances. The Successful Bidder 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 shall be paid at the Successful Bidder's expense. Page 39 of 39 Tit f anti ANNIE PEREZ, CPPO EMILIO T. GONZALEZ Director of Procurement City Manager ADDENDUM NO. 1 July 13, 2018 INVITATION FOR BID (IFB), No. 902381, Painting Services & General Building Repairs at Police Facilities 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. Closing Date of IFB No. 902381 has been changed to July 24, 2018 at 1:00 PM. ALL OTHER TERMS AND CONDITIONS OF THE IFB REMAIN THE SAME. AP:ts Cc: Bid File Sincerely, Anni&Perez, CPPO Director of Procurement eitv 4J1{iami ANNIE PEREZ, CPPO EMILIO T. GONZAL.EZ Director of Procurement City Manager ' ADDENDUM NO. 2 July 18, 2018 INVITATION FOR BID (IFB), NO. 902381, PAINTING SERVICES & GENERAL BUILDING REPAIRS AT POLICE FACILITIES 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. A. The following is the City's response to questions received from prospective Bidders: Q. 1 Is a Payment and Performance Bond required for this project? A. 1 No. A Payment and Performance Bond is not required for this solicitation. Q. 2 Is the bid submittal done electronically through the Oracle system? A. 2 No, a hard copy of this bid shall be submitted to the City Clerk's office at City of Miami City Hall, 3500 Pan American Drive, Miami, FL. Q. 3 Are the locations listed in the bid the only locations to be serviced? A. 3 Yes, however, pursuant to Section 2.33, Addition/Deletion of Facilities, the City reserves the right to add locations on an as needed basis. Q. 4 Does the hourly rate include the aerial/lift, equipment and supplies? A. 4 All equipment, inclusive of aerial/lift, and supplies will be billed at a pass through cost, pursuant to Section 2.17, Parts at Pass Through Cost. ALL OTHER TERMS AND CONDITIONS OF THE IFB REMAIN THE SAME. AP:ts Cc: Bid File Sincerely, Anni'- Perez, CPPO Director of Procurement