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HomeMy Public PortalAbout2020 Pressure Cleaning Services with Bel Air Maintenance IncPRESSURE CLEANING SERVICES AGRBEMENT BETWEEN THE VILLAGE OF KEY BISCAYNE AND BEL AIR MAINTENANCE, INC. THIS AGREEMENT (this "Agreement") is made effective as of the day of 2020 (the "Effective Date"), by and between the VILLA GE OFKEY BISCAYNE, FLORID A, a Florida municipal corporation, (the ,,Village',), and BEL AIRMAINTENANCE, INC., A Florida for-profit corporation (hereinafter, the 'Contractor"). Collecti vely, the Village and the Contractor are referred to as ,,parties.,' WHEREAS, the Village desires certain pressure cleaning services on an as-needed basis; WHEREAS, the City of Weston issued Request for Proposals No. 20ll-05 on October 3, 20l l (the "RFP") for pressure cleaning services (the "services") and competitively awarded a contract to Contractor pursuant to the RFP, which contract is attached hereto as Exhibit ,,A" (the 'oWeston Contract"); and WHEREAS' the Parties wish to incorporate the terms and conditions of the Weston Contract in this Agreement, except as otherwise modified or amended herein; and WHEREAS, Section 2-86 of the Village Code of Ordinances (the "Code") provides thatthe Village Manager is authorized to enter into bids or contracts entered into by another governmental authority, provided that the governmental authority has gone t'hrough a competitive bidding procedure leading to the award of the bid or contract in question which, in the opinion of the Village Manager after consulting with the Village Attorney, is substantially similar to the competitive bidding procedure outlined in the villag. cod"; und WHEREAS, pursuant to Section 2-86 of the Village Code, the Village desires to engage the Contractor to perform the Services and provide the deliverables as specifrid below. NOW, THEREFORE, in consideration of the mutualcovenants and conditions contained herein, the Village and the Contractor agree as follows: I 1. Incorpq&ttion of Contract. The terms and conditions of the Weston Contract (Exhibit A hereto) is incorporated as though fully set forth herein. Except as otherwise specifically set forth or modified herein, all terms in the Weston Contract are hereby ratified and affirmed and shall remain unmodified and in full force and effect in accordance with its terms. 1 Coding: S+rit<e+n+eugh-w€rds are deletions to the existing words. Underlined words are additions to the existing words. Lft4 and Contract No. 2021-02 Page 1 of4 Z. Conflicts. In the event of any conflict or ambiguity between the terms and provisions of this l-11"nt and the terms and provisions of the Weston Contract, the terms and provisions of this Agreement shall control. 3. Defined Terms. All initial capitalized terms used in this Agreement shall have the same .*rt"g "r r.t f"rth in the Weston Contract unless otherwise provided in this Agreement. All references to the City of Weston shall be replaced with the Village of Key Biscayne where applicable. 4. Counterparts. This Agreement may be executed in several counterparts, each of which shall b" d""*.d * original and such counterparts shall constitute one and the same instrument. 5. Amendins Section 3.2 of Weston Contract. Section 3.2 of the Weston Contract is hereby amended to add the following language after the last clause: ,,Contractor's invoices must contain the following information for prompt payment: o Name and address of the Consultant; o Purchase Order number; o Contract number; o Date of invoice; o Invoice number (Invoice numbers cannot be repeated. Repeated invoice numbers will be rejected); o Name and type of Services; o Timeframe covered by the invoice; and o Total value of invoice. Failure to include the above information will result in the delay of payment or rejection of the invoice. All invoices must be submitted electronically to payables@kevb iscayne.fl ' gov." 6. Amendins Section 7.15 of Weston Contract. Section 7.15 ofthe Weston Contract is hereby amended as follows: ,,If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to heriin, or any document incorporated into this Agreement by reference and a term, statement, requirem ent, or provision of this Agreement, @ the conflict shall be resolved in the followine prioritv order: o Articles I through 10 of this Agreement between Contractor and the Villa9e of Key Biscayne o Articles 1 through 7 of the Weston Contract o Exhibits attached to the Weston Contract." Contract No. 2021-02 Page2 of 4 7.Section7.l6oftheWestonContractishereby amended as follows: "Venue of any action to enforce this Agreement shall be in B+e+r*aC Miami-DadeCounty, Florida." 8.Section 7.24 of theWeston Contract is herebyamended to add the following tunguug* !oti." Pu".uunt to s..tion r19.070r(2xu). Fro.idu stutut.r. IF THECONTRACTOR HAS QUNSTTOII.S NNGARDING THEAPPLICATION OF CHAPTER 119, FLORIDA STATUTES, To THECONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDSRELATING TO THIS AGREEEMENT, CONTACT THEcusroDrAN oF PUBLIC RECoRDS: Joceiyn B. Koch, 88 westMclntyre street, Key Biscayne, FL 33149, Te[phone: 305-365-5506,Email: i koch@kevbiscavne.fl.sov 9' Nqtices/Arft4oriz.ed Renre$entatives. Any notices required by this Agreement shall be inwriting and shall be deemed to have been properly given if transmitted by hand-delivery, byregistered or certified mail with postage prepaii ."iuir receipt requested, or by a private postalservice, addressed to the parties (or their successors) at the addiesses listed on the signaturepage of this Agreement or such other. address as tlre party may have designated by propernotice' This provision shall replace and supercede Section i.l ottt "Weston Contract. [Remainder of page intentionaily reft brank. signature page fo[ows.l Contract No. 2021-02 Page 3 of4 lN WITNESS WHnRIOF, the parlies hereto have caused this Agreement to be executed the day and year as first stated above. VILLAGD OF KEY BISCAYND CONTRACTOR 'AM*flv: Andtca Agha Village Manager Altest Jocelyn Koch Village Clerk Approved as to form and legal sufficiency ,'\tt--t)- By Name:Lawrence resident Maintenance lnc. la.y''r," 4/r.a*' ,t?*/t--- By: Weiss Serota l-lelfman Village Attorney Cole & Bierman, P.L Addresses for Noticcl Village of Key BiscaYne Attn: Village Manager 88 West Mclntyre Street Key Biscayne, FL 33 149 305-365-55 I 4 (telePhone) 305-365-8936 (facsimitc) aaghn@keybiscaYne.fl .gov (email) With a copy to: Weiss Serota Helfman Cole & Biertnan, P.L Attn: Chad Friedman, Esq. Village of Key BiscaYne AttorneY 2525 Poncc de Leon Boulevard, Suite 700 Coral Gables, FL 33134 cfriedman@wsh-law.com (ernail) Atldrcsses for Notice: P.O. Box 266284 Weston FL 33326 954-749-2429 954-925-4648 tarim air-bam.com With a copy to facsimile) email) belai1131 facsimite) Lcom Contract No.202l-02 Page 4 ol'4 EXHIBIT "A' [Copy of Weston Contract Follows] Contract No. 2021-02 Exhibit A Exhibit A CITY OF WESTON PRESSURE GLEANING SERVIGES BEL AIR MAINTENANCE, INC. Cify of Weston Request for Proposals No.201l-05 October,20ll Exhibit A clTY oF wEsToN, FLORIDA RFP NO. 2011-05 PRESSURE CLEANI NG SERVICES CHAPTER 1: AGREEMENT CHAPTER 2: REQUEST FOR PROPOSAL (EXHIBIT "A") CHAPTER 3: CONTRACTOR'S PROPOSAT (EXHIBIT "8") CHAPTER 4: RATES AND FEE SCHEDUTE CHAPTER 5: CERTIFICATE(S) OF INSURANCE Exhibit A CHAPTER 1 - ACREEMENT RFP No. 2011-005 Request for Proposals for Pressure Cleani ng Services Published Septernber 26 and October 3,2O11 Exhibit A AGREEMENT BETWEEN THE CITY OF WESION AND BEL AIR cE, tNc. FOR PRESSURE CTEANING SERVICES RFP NO.2011.0s This Agreement, is nrade and entered into between the City of Weston, a Florida mun lng, (''CONTRACTOR") for Pressure Cleaning Services ("Agreement',) Agreement to "City Manager" shall be meant to include his designee, 2012 by and and Bel ir Mainlenance References in this WITNESSETH: WHEREAS, the CITY, solicited proposals frorn contractors to perform Pressure Cleaning Services; and wHEREAS, Proposals were evaluated and ranked by a selection Committee; and WHEREAS, the City Commission has selected the CONTRACTOR upon the recommendation of the Selection Committee to perform Pressure Cleaning Services; and WHEREAS, on cember 5 201 1 the CITY enacted Resolution No.2011-1.27 , which ratified the ranking of Proposals for Pressure cleaning services and authorized the appropriate City officials to execute an agreement witl'r the nunrber two ranked contractor Bel Ai r Maintenance, lnc. ; and WHEREAS, CITY and CONTRACTOR desire to enter into an Agreement whereby tlre duties and obligations each to the other are set forth. IN CONSIDERATION OF THE MUTUAL COVENANTS AND CONDITIONS HEREIN EXPRESSED AND THE FAITHFUL PERFORMANCE OF ALL SUCH COVENANTS AND CONDITIONS, THE PARTIES ACREE AS FOLLOWS: Exhibit A SECTION 1. SCOPE OF SERVICES t.l The CONTRACTOR must meet tlre requirements and perform the services identified in the Request for Proposals for Pressure Cleaning Services dated 2a11-, ("RFP"), attached hereto and made a part hereof, as Exhibit CONf nnCfOR'S Proposal, attached hereto and made a part hereof, as CONTRACTOR agrees and acknowledges that CONTRACTOR is prohibited from exempting provisions of the RFP or in this Agreement in any of CONTRACTOR'S services pursuant to this Agreement. October 25 "A" and the Exhibit "8". 1.2 SECTION 2. TERM 2.1 2.2 sEcIoN 3 3.1 3.2 J.J The term of this Agreement shall begirr on the date ri is fully executed by both parties and shall extend untilMarch 31,2015' After the initial term, the Contract may be extended for two (2) additional tlrree (3) year periods by mutual agreement of the parties. The parties ltereto may extend this Agreement by mutual consent, in writing, prior to the expiration of the current teim. This provision in no way limits either party's right to terminate this Agreement at any time during the initial term or any extension thereof, pursuant to Section 4 of this Agreernent. COMPENSATION The amount of compensation payable by the CITY to CONTRACTOR shall be based upon the prices as set forth in Exhibit "C", attached hereto and made a part hereof, which amount shalt be accepted by CONTRACTOR as full compensation for all such work perforrned under this Agreement. lt is acknowledged and agreed by CONTRACTOR that these amounts are the maximum payable and constitute a limitation upon CITY'5 obligation to compensate CONTRACTOR for its services related to this Agreement. This maximum amount, however, does not constitute a limitation of any sort, upon CONTRACTOR'S obligation to perform all items of work required by or which can be reasonably inferred from the Scope of Services. CONTRACTOR may submit an invoice for compensation, developed and agreed upon by the City Manager and CONTRACTOR, no rnore often than orr a monthly basis, but only after the services for which the invoices are submitted have been completed. lnvoices shalI designate the nature of the services performed and shall also show a sumnlary of fees with accrual of the total and credits for porlions paid previously, and shall allocate the billing costs to the appropriate fund or combination of funds. Each statement shall show the proportion of the guaranteed nraximum payment that has been expended through previous billings. Notwithstanding any provision of this Agreement to the contrary, City Manager, may withhold, in whole or in part, payment to the extent necessary to protect itself from loss on account of rnadequate or defective work which has rtot been remedied or resolved in a manner satisfactory to City Manager. The amount withheld shall not be subject to payment of interest by CITY. RFP201 1-05 Pressure Cleaning Services Page 2 of 12 3.4 3.5 3,6 3,7 SECTION 4. TERMINATION 4.1 4.2 4.3 4.4 Exhibit A Payment shall be made to CONTRACTOR in accordance with tlre Local Covernment Prompt Payment Act as stipulated in Part Vll of Chapter 218, FL Statutes, by check, Electronic Funds Transfer (EFT), E-Pay or P-Card as determined by the CITY in its sole discretion. CONTRACTOR agrees to keep such records and accounts as may be necessary in order to record complete and correct entries as to personnel hours charged for which CONTRACTOR receives reimbursement for a period of at least three (3) years after contpletion of the work provided for in this Agreement. Such books and records shall be available at all reasonable times for examination and audit by CITY. lf it should become necessary for CITY to request CONTRACTOR to render any additional services to eitlrer supplement the services described in the RFP or to perform additional work, suclr additional work shall be performed only if setforth in an addendum to this Agreement. Any such additional work agreed to by both parties shall be by mutual agreement of both parties and rregotiated as to price. On April 1,2013 and on April i of each subsequent year, all fees described in the Agreement and Exlrjbit hereto slrall be increased by an amount equal to the Consumer Price lndex ("CPl") increase, as measured by the nearest geographical index, unless both parties mutually agree in writing to an alternative arrangement. This Agreement may be terminated by the City Manager upon 24 hours notice as the City Manager deems appropriate. This Agreement may be terminated for cause by the CONTRACTOR if the CITY is in breach and has not corrected the breach within sixty (60) days after written notice from the CONTRACTOR identifying the breaclr. Notice of termination shall be provided in accordance with the "NOTICES" section of tlris Agreement except that notice of termination by City Manager which City Manager deems necessary to protect the public health, safety or welfare may be verbal notice which shall be promptly confirmed in writing in accordance with the "NOTICES" section of this Agreenrent. ln the event this Agreement is terminated for corrvenience, CONTRAC'|OR shall be paid for any services performed to the date the Agreement is terminatedl however, upon beirrg notified of CITY'S election to terminate, CONTRACTOR shall refrain from performing further services or incurring additional expenses under the terms of this Agreement. CONTRACTOR acknowledges and agrees that Ten Dollars ($10.00) of the compensation to be paid by CITY, the adequacy of wlrich is hereby acknowledged by CONTRACTOR, is given as specific consideration to CONTRACTOR for CITY'S right to terminate this Agreement for convenience. ln the event this Agreement is terminated, any compensation payable by CITY shalt be withheld until all docurnents are provided to CttV pursuantto SectionT.l of this Agreement. ln no event shall the CITY be liable to CONTRACTOR for any RFP201 1 -05 Pressure Cleaning Services Page 3 of 'l 2 Exh additional compensation, other incidental damages. ibit A than provided herein, or for any consequential or SECTION 5. INDEMNIFICATION 5.1 CONTRACTOR shall indemnify, hold harmless and, at CITY's option, pay for an attorney selected by the CITY, to defend the C[TY, Weiss Serota Helfman Pastoriza Cole & Bonislce, P.L.; Calvin, Ciordano & Associates; and Municipal Technologies, LLC, and any of its officers, agents, servants and employees from and against any and all liability, suits, actions, damages, costs, losses and expenses, including attorneys'fees, demands and claims for personal injury, bodily injury, sickness, diseases or death or damage or destruction of tangible property, arising out of any errors, omiSSiOns, misconduct or negligent acts, errors Or omissions of CONTRACTOR, its officials, agents, employees or subcontractors in the pedormance of the services of CONTRACTOR under this Agreenrent, whether direct or indirect and from and against any orders, judgments, or decrees whrch nray be entered tlrereon and from and against all costs, darnages of every kind and nature, attorneys' fees, experrses and liabilities incurred in and aboutthe defense of any suclr claim and investigation thereof. CONTRACTOR shall indemnify, hold harmless and, at CITY's option, pay for an attorney selected by the CITY, to defend the CITY, Weiss Serota Helfman Pastoriza Cole & Boniske, P.L.; Calvin, Ciordano & Associates; and Municipal Technologies, LLC, and any of its officers, agents, servants and employees from and against any and all liability, suits, actions, damages, costs, losses and expenses, including attorneys'fees, demands and claims sought by third parties related to any alleged breach of any non-cotnpetition of similar provisions. CONTRACTOR shall indemnify C[TY, Weiss Serota Helfman Pastoriza Cole & Boniske, P.L.; Calvin, Ciordano & Associates; and Municipal Technologies, LLC, and any of its officers, agents, servants and employees, for all loss, damage, expense or liability including, without limitation, court costs and attorneys'fees that may result by reason of any infringement or claim of infringement by CONTRACTOR of any patent, trademark, copyright, trade secret or other proprietary right relating to seruices furnished pursuant to this Contract. CONTRACTOR will defend and/or settle at its own expense any action brought against the CITY arry of its officers, agents, servants and employees, to the extent that it is based on a clairn that products or services furnished to CITY by CONTRACTOR pursuant to this Contract, or if any portion of tlre services or goods related to the performance of the serutce become unusable as a result of any such infringement or claim. CONTRACTOR ackrrowledges that specific consideration has been paid or will be paid under this Agreement for this hold harmless and indemnification provision, and fu(her agrees with the foregoing provisions of indemnity and with the collateral obligation of insuring said indemnity. The provisions of this section shall survive the expiration or earlier termination of this Agreement. To tlre extent considered necessary by the City Manager and the City Attorney, any sums due CONTRACTOR under this Agreement may be retained by CITY until all of CITY's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by CITY. 5.2 5.3 5.4 5.5 RFP201 l-05 Pressure Cleaning Services Pa6e 4 of t2 Exhibit A SECTION 6. INSURANCE ln order to insure the indemnification obligation contained above, CONTRACTOR slrall, as a minimum, provide, pay for, and maintain irr force at all times during the term of this Agreement, the insurance coverages as set forth in the RFP. SECTIONT. MISCELTANEOUS 7.1 ownership of Documents. unless otherwise provided by law, any and all reports, surveys, and other data and documents provided or created in connection witlr this Agreement are and shall remain the property of CITY. ln tlre event of termirration of this Agreement, any reports, photographs/ surveys and other data and documents prepared by CONTRACTOR, whether finished or unfinished, shalI become the property of CITY and shall be delivered by CONTRACTOR ro the City Manager within seven (7) days of ternrination of this Agreement by either party, Any compensation due to CONTRACTOR shall be witlrheld until all documents are received as provided herein, ./ .,Audit and lnspection Rights and Retention of Records. CITY shall have the right to audit the books, records and accounts of CONTRACTOR that are related to this Agreement. CONTRACTOR shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries related to this Agreement. CONTRACTOR shall preserve and make available, at reasonable times for examinatiorr and audit by CITY, all financial records, supporting documents, statistical records, and any other docurnents pertinent to this Agreement for the required retention period of the Florida Public Records Act (Chapter 119, Florida Statutes), if applicable, or, if the Florida Public Records Act is not applicable, for a minimum period of three (3) years after termination of tlris Agreement, unless CONTRACTOR is notified in writing by CITY of the need to extend the retention period, Such retention of such records and documents shall be at CONTRACTOR'S expense. lf any aLrdit has been initiated and audit findings have not been resolved at the end of the retention period or three (3) years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. lf the Florida Public Records Act is determined by CITY to be appticable ro CONTRACTOR'S records, CONTRACTOR shall comply with all requlrements thereof; however, no confidentiality or non-disclosure requirernent of either federal or state law shall be violated by CONTRACTOR. Any incornplete or incorrect entry in such books, records, and accounts shall be a basis for CITY'S disallowance and recovery of any payrnent upon suclr entry, ln additlon, CONTRACTOR shall respond to the reasonable inquiries of successor CONTRACTORS and allow successor CONTRACTORS to receive working papers relating to matters of continuing sigrrificance. ln addition, coNTRACToR shall provide a complete copy of all worl<ing papers to the CITY, prior to final payment by the CITY, in accordance with the RFP for CONTRACTOR services. RFP201 l-05 Pressure Clearring Services Page 5 ol 12 policy of Non DiscriminatrFfnEE$tRACToR shatl not discriminate against any person in its operations, activities or delivery of services under this Agreement. CONTRACTOR shall affirmatively comply with all applicable provisions of federal, state and local equal employment laws and shall not engage in or commit any discriminatory practice against any person based on race, age, religion, color, gender, sexual orientation, national origin, nrarital status, physical or mental disability, political affitiation or any other factor wlrich cannot be lawfully used as a basis for service delivery. Public Entity Crime Act. CONTRACTOR represents that the execution of this agreement will not violate the Public Entity Crime Act (Section 287.133, Florida Statutes), whlch essentially provides tlrat a person or affiliate who is a contractor, consultant or other provider and who has been placed on the convicted vendor list followirrg a conviction for a Public Entity Crime may not submit a bid on a contract to provide any goods or services to CITY, may not submit a bid on a contract with CITY for the construction or repair of a public building or public work, may not submit bids on leases of real property to CITY, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with CITY, and may not transact any business with CITY in excess of the threshold amount provided in Sectiorr 287.017, Florida Statutes, for category two purchases for a period of thirty six (36) montlrs from the date of being placed on the convicted vendor list. Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from CITY'S competitive procurement activities. ln additron to the foregoing, CONTRACTOR further represents tlrat there has been no determination, based on an audit, that rt corrrmitted an act defined by Section 287.133, Florida Statutes, as a "public entity critle" and that it has not been formally charged with committing an act defined as a ,'public entity crime" regardless of the amount of money involved or whether CONTRACTOR has been placed on tlre convicted vendor list. By submitting a response to this RFP, Proposer certifies that it is qualified under Section 287.133, Florida Statutes, to provide the services set forth in this RFP. tndependent Contractor, CONTRACTOR is an independent contractor r-rnder this Agreement. Services provided by CONTRACTOR pursuant to this Agreement shall bd subject to the supervision of CONTRACTOR. ln providing such services, neither CONTRACTOR nor its agents shall act as officers, employees or agents of the C[TY. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to services rendered under this Agreement shall be those of CONTRACTOR. This Agreement shall not constitute or make the parties a partnership or joint venture. Third Party Beneficiaries. Neither CONTRACTOR nor CITY intends to directly or substantially benefit a third party by this Agreement. Therefore, the parties agree that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a clairn against either of them. Based uporr this Agreement the parties expressly acknowledge that it is not their intent to create any rights or obligations rn any third person or entity under this Agreement' Notices. Whenevereither party desires to give notice to the other, such notice nrust be in writing, sent by certified United States Mail postage prepaid return receipt 7.4 7.3 7.5 7.6 7.7 RFP201 1-05 Pressure Cleaning Services Page6of12 requested or by hand aEiill?rlt 1",,n a requesr for a wrmen receipr of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: CITY:John R. Flint, City Manager Weston City Hall 17200 Royal Palm Boulevard Weston, Florida 33326 With a copy to: Jamie Alan Cole, Esq. City Attorney Weiss Serota Helfman Pastoriza Cole & Boniske, P.L. 200 East Broward Boulevard, Suite 1900 For-t Lauderdale, Florida 33301 RFP20l l-05 Pressure Cleaning Services PaEeT of 12 Exhibit A CONTRACTOR Bel Air Maintenance - lnc. 2648 Criffin Road Dania Beach, FL 33312-5935 Assignment and Performance. Neither this Agreement nor any interest herein shall be assigned, transferred, or encumbered by CONTRACTOR, except with the prior approval oftheCityManager,whichshall beinhissoleandabsolutediscretion. ln addition, CONTRACTOR shall not subcontract any portion of the worl< required by this Agreement, except with the prior approval of the City Manager, whlch shall be in his sole and absolute discretion. A list of all such subcontractors shall be included in the Proposal. lf additional subcontractors are to be used during tlre term of this Agreement, other than those submitted in the Proposal, a list of such subcontractors shall be provided to the City Manager, subject to his approval' CONTRACTOR represents that all persons delivering the services required by this Agreement have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform the duties, obligations, and services set forth in the RFP and to provide and perform such services to CITY'S satisfaction for the agreed compensation. CONTRACTOR shall perform its duties, obligations and services under this Agreement in a skillful arrd respectable manner. Confticts. Neither CONTRACTOR nor its employees shall have or hold any continuing or frequently recurring employment or contractual relationship that is substantially antagonistic or incompatible with CONTRACTOR'S loyal and conscientious exercise of judgment related to its performance under this Agreement. CONTRACTOR agrees that none of its officers or employees shall, during the term of this Agreement, serve as an expert witness against CITY in any legal or administrative proceeding in which he or she is not a party, unless compelled by court process. Furtlrer, CONTRACTOR agrees that such persons shall not give sworn testimony or issue a report or writing, as an explession of his or lrer expert opinion, which is adverse or prejudicial to the interests of CITY in connection with any such pending or threatened legal or administrative proceeding. The limitations of this section shall not preclude CONTRACTOR or any other persons from representing themselves in any action or in any administrative or legal proceeding. ln the everit CONTRACTOR is pernritted to utilize subcontractors to perfornl any seryices required by this Agreement, CONTRACTOR agrees to prohibit such subcontractors, by written contract, from having any conflicts within the meaning of this section. Contingency Fee. CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for CONTRACTOR, to solicit or secure this Agreenrent and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other tlran a 7.8 7.9 7.10 RFP201 l-05 Pressure Cleaning Seruices Page B of 12 bona fide employee *"rkiff1t3'J,f tor coNTRACTOR, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or malcing of this Agreement. For a breach or violation of this provision, CITY shall have the riglrt to terminate this Agreement without liability and, at its discretion, to deduct from the Agreement price or otherwise recover the full amount of such fee, comm issio n, percentage, gift or consideration. 7.11 Materiality and Waiver of Breach. CITY and CONTRACTOR agree that each requirement, duty, and obligation set forth herein is substantial and important to the formation of this Agreement and, therefore, is a material term hereof. CITY'S failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provrsion of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 7.12 Compliance with Laws, CONTRACTOR shall comply with all federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations pursuant to this Agreement. 7.73 Severance. ln the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid, tlre remaining provtsions shall continue to be effective unless CITY or CONTRACTOR elects to terminate this Agreement. An election to terminate this Agreement based upon this provision shall be made within seven (7) days after the finding by the court becomes final, 7,'|4 Joint Preparation. The parties acknowledge that they have sought and received whatever competent advice and counsel as was necessary for them to form a full and complete understanding of all rights and obligations herein and that the preparation of this Agreement has been their joint effort. The language agreed to expresses their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. 7.15 Priority of Provisions. lf there is a conflict or inconsistency between any term, statement, requirerrent, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement by reference and a term, statement, requirement, or provision of this Agreement, the term, statement, requirement, or provision contained in Articles 1 through 7 of this Agreement shall prevail and be given effect. 7.16 Applicable Law and Venue; Attorneys Fees and Costs. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. The parties submit to the jurisdiction of any Florida state or federal couit in any action or proceeding arising out of, or relating to, this Agreement. Venue of any action to enforce this Agreement shall be in Broward County, Florida. The parties expressly walve all rights to trial by jury for any disputes arising from or in any way connected with this Agreement. The parties understand and agree that this waiver ls a material contract term. This agreement is not subject to arbitration. lf any party is required to enforce the terms of this Agreement by court proceedings or otherwise, whether or not formal legal action is required, each party shall pay its own attorney's fees and costs. RFP201 1-05 Pressure Cleaning Services Page9of12 Exhibit A 7."17 Amendments. No modification, amendment or alteration in tlre terms or conditions contained herein shatl be effective unless contained in a written document prepared with the same or similar formality as this Agreement. 7.18 Prior Agreements. Tlris Agreement and its attachments constitute the entire agreement between CONTRACTOR and CITY, and this document incorporates and includes all prior negotiations, correspondence, conversations/ agreements, and understandirrgs applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shalI be predicated upon any prior representations or agreements, whetlrer oral or written. lt is further agreed that no modification, amendment or alteration in the terms or conditions contained here shalt be effective unless setforth in writing in accordance with Section 7.17 above. 7.19 7.20 7.21 7,22 7,23 7.24 7,25 7.26 Drug-Free Workplace. CONTRACTOR shall maintain a drug-free workplace. lncorporation by Reference, The truth and accuracy of eaclr "Whereas" clause set forth above is acknowledged by the parties. The attached Exhibits are incorporated hereto and made a part of this Agreement. Multiple Originals. This Agreement may be fully execr-rted in two (2) copies by all parties each of which, bearing original signatures, slrall have tlre force and effect of an original document. Headings. Headings are for convenience of reference only and shall not be considered in any interpretation of this Agreement, Binding Authority. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 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 agrees to allow access by the CITY and the public to all documents subject to disclosures under applicable law. CONTRACTOR'S failure or refusal to comply with the provisions of this section shall result in the immediate cancellation of this Agreement by the CITY. Survival of Provisions. Any terms or conditiorrs of this Agreement that require acts beyond the date of its termination shall survive the termination of this Agreement, shall remain in full force and effect unless and until tlre terms of conditions are completed, and shall be fully enforceable by either party. Truth-in-Negotiation Certificate. Signature of this Agreement by CONTRACTOR shall act as the execution of a truth-in-negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of this Agreenrent are accurate, complete, and current at the time of contracting. RFP20'I 1-05 Pressure Cleaning Services Page 10 of 12 respective dates under each signature: City of Weston through its City Commission, signjpg-ly and tto^ugt' its ,Mayor, authorized to execute same by Commission action on the 5v Uay of DJ*WJ*-r , 2Q1l; and Bel Air Manilrtenance, lnc. authorized to execute same,@\dc,v*+, Exhibit A ACREEMENT BETWEEN THE CITY OF WESTON,AND BEt AIR MAINTENANCT, INC. FOR PRESSURE CLEANING SERVICES lN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the CITY OF WESTON, through its City Commission ATTEST: Eric yor Q;r,;;"-GBF t34ay ot Patricia A. Bates, CMC, City Clerk Approved as to form legality for the use rel ly' by the City of Joh R. FIi City Manager By l3 *(- day TRACTOR, (clTY sEAr) 12 fgaftW 2012 n By, Jamie Al ey r8%,A/n Lt 012 +rv-WITNESSES: rint Narne By'\l', .u, Qwg', Jo"r* TITLE Print Name q"Ldayof L-o,ffioe,@- Jnxj.,2012 \r.,U i? ) *k*( Print Name RFP20l 1-05 Pressure Cleaning Services (CORPORATE SEAL) Page 12 of 12 Exhibit A CHAPTER 2 - REQUEST FOR PROPOSALS RFP No. 2011-005 Request for Proposals for Pressure Cleani ng Services Published Septernber 26 and October 3,2011 Exhibit A CITY OF WESTON PRESSURE CLEANING SERVICES City of Weston Request for Proposals No.2011-05 October,20lL Exhibit A ctw oF wESToN, FLORTDA RFP NO, 2011-05 PRESSURE CLEAN ING SERVICES SECTION 1: REQUEST FOR PROPOSALS NOTICE SECTION 2: BACKGROUND INFORMATION SECTION 3: GENERAL CONDITIONS SECTION 4: PROPOSAL PROCESS SECTION 5: FORMS SECTION 6: AGREEMENT RFP201 1.05 Pressure Cleaning Services Page 2 of 61 Exhibit A sEcTroN 1 - REQUEST FOR pROpOSArs NOTTCE The City of Weston issued the following Request for proposals (RFp) Notice pertaining to Pressure Clear-ring Services for the CITY. The RFP Notice was advertised in the Sun-Sentinel on Monday, September 26, 2011 and again on Monday, October 3, 201 1. lTHls sPAcE TNTENTTONAIY LEFT BrANK] RFP20'l l-05 Pressure Cleaning Services Page 3 of 6l Exhibit A NOTICE TO PROPOSERS NOTICE lS HERFBY CIVEN that the City of Weston, Florida will be accepting sealed proposals for REQUEST FOR PROPOSATS PRESSU RE CLEANI NG SERVICES RFP NO.2011-0s The CITY is requesting proposals from qualified and experienced firms to provide Pressure Cleaning Services at various murricipal facilities. Sealed proposals will be received by the City Clerk until 11r00 a.m., local time, Tuesday, October 25,2A11, at tlre Ciiy of Weston, City Hall, located at 172OO Royal Palm Boulevard, Weston, Florida. The official clock at the City Hall reception desk shall govern. Proposals received after this time will be returned unopened. RFP DOCUMENTS lnterested parties may purclrase a Request for Proposals for Pressure Cleaning Services ("RFP") at the Weston Community Center, 20200 Saddle Club Road, Weston, Florida 33327, B:00 a.m. - 5:00 p.m., Monday through Friday, upon payment of a $50.00 non-refundable fee, for each RFP. Payment must be made by clreck, Visa, Master Card or American Express. No cash payments will be accepted. The RFP may also be examined at the Weston Community Center at the referenced address. Proposals shall be subrnitted on the form(s) provided. EXPERIENCE Proposers must lrave a mininrunr of five years experience in Broward, Miami-Dade or Palnr Beach counties in providing pressure cleaning services for facilities of similar size and scope as the CITY' s facilities,. MANDATORY PRE-PROPOSAI CO NFERENCE A mandatory pre-proposal conference will be held on Wednesday, October 12,2011, at 9:00 a.m., local time, at the Weston Community Center, located at 2O2A0 Saddle Club Road, Weston, Florida 33327. All Proposers planning to submit a Proposal are required to attend this meeting. Proposers shall allow sufficient time to ensure arrival prior to the indicated time. Failure of a Proposer to be present for the entire nrandatory pre-proposal meeting, beginning at the time stated above and concluding at tlre dismissal of the mandatory pre-proposal meeting by the CITY, shall render a Proposer to be deemed non-responsive and the Proposal shall not be considered for award. Decisions of tlre CITY shall be fjnal, The official clock at the location of the Pre-Proposal Conference shall govern. PROPOSAL DOCUMENTS Each Proposal shall be submitted in a separate plain sealed parcel, box or other secure packaging, marlced as the "Proposal". The outside of the sealed package must clearly indicate the submitting RFP No.2011-05, "Pressure Cleaning Services", Proposer's name, address and the name and telephone number of the Proposer's specific contact person. The Proposal shall contain six (6) complete copies and one (1) unbound original, and is required to be submitted to the CITY by the date and time indicated above. Each copy shall contain all required information in order to be considered responsive. Once a Proposal has been submitted to the CITY at or prior to Tuesday, October 25,2011, 11:00 a.m., local time, it shall not be returned to the Proposer for any reason. The withdrawal, RFP20l 1 -05 Pressure Cleaning Services Page 4 of 6l Exhibit A modification or correction of a Proposal after it has been opened by the CITY shall constitute a breach by the Proposer. All proposal prices shall be guaranteed firm for a minimum of ninety (90) catenclar days after the submission of the proposal. No Proposer may withdraw its Proposal within ninety (9b) calendar days after the Proposal opening date. Proposal security in the form of a Proposal Bond acceptable to the ClTy or Cashier,s Check madepayable to the "City of Weston" in the amount of ten thousand dollars ($10,000.00), will be required. The Sealed Proposals will be publicly openecl at the City of Weston, City Hall, located at I72AORoyal Palm Boulevard, Weston, Florida, at 11:00 a.m., iocal time, Tuesiay, October 25,2a11. The official clock at the City Hall reception desk shall govern. Award of the Froposal will be made at a City Commission meeting. Any questions concerning this Notice to Proposers shall be submitted in writing to feffreySkidmore, Assistant City Manager/C.O.O., fax no. (9S4) 389-5480. All Proposers are advised that the CITY has not authorized the use of the City seal by individLrals or entities responding to CITY Request for Proposal, and that any such use by unauthorized persons or entities constitutes a second degree misdemeanor pursuant to Section 165.043, Florida Statutes, All Proposers are advised that the CITY will not suppty or sell materials to proposers in connectionwitlr submission or preparation of Proposals, or any other matter, including but not limited to envelopes, labels or tape. The City Commission of the City of Weston reserves the right to reject any and all proposals, to waive any informality in a Proposal and to make awards in the best interests of the ClTy. Patricia A. Bates, CMC City Clerk City of Weston Published on: September 26,2011 and October 3,2011 RFP20i l-05 Pressure Cleaning Services Page 5 of 61 Exhibit A SECTION 2 - BACKGROUND INFORMATION 2.1 General The CITY is requesting Sealed Proposals from qualified and experienced contractors, (hereinafter referred to as "CONTRACTOR') to furnish all labor, materials, supplies and equipment to provide pressure cleaning services at various facilities as further described in the scope of work. Upon the City Comrnission's ratification of the Selection Committee's rankings, the CITY will enter into an Agreement, in the form attached to this RFP (the "Agreement"), The CONTRACTOR shall comply with all federal, state and local laws, rules, practices and regulations. No guarantee is expressed or implied as to the quantity of services, if any, to be procured under this Request for Proposal by the CITY. The CITY reserves the right to conduct rnvestigations as it deems necessary, to determine the ability of the selected contractor(s) who shall perform the work or services. lnformation the CITY deems necessary in order to make a determination shall be provided by the CONTRACTOR uporr request. 2.2 Scope Of Work The scope of work shall include, but not be limited to, pressure cleaning of sidewalks, curbs and gutters, buildings, monument signs and roofs as directed by CITY. A pre-spray algaecide treatment shall be applied prior to pressure cleaning if needed. Pressure cleaning shall be done using a lrigh volume pressure cleaner (minimum 3500 psi @ 8 gpm). Access to water for work performed under this contract shall be provided to CONTRACTOR by CITY. 2.3 Supervision and Responsibility of Contractor The CONTRACTOR shall at all times enforce strict discipline and good order among CONTRACTOR'S employees/independent conrractors, and shall not employ on the work site an unfit person or anyone not skilled in the work assigned to lrim. Subcontractors, employees or independent contractors of the CONTRACTOR whose work is unsatisfactory to the CITY or who are considered by the CITY'S representative as careless, incompetent, unskilled or disorderly or who use threatening or abusive language to any person shall be dismissed from worl< upon notice from the CITY and shall not be employed to perform the work thereafter. No liquor, alcoholic beverages or drugs shall be allowed on the site of the work. The CONTRACTOR shall operate a drug free workplace. A. Supervisor - The CONTRACTOR shall maintain a Supervisor for this project, and such supervisor shall be available by cellular telephone at all times. The Supervisor shall be able to manage all facets of the pressure cleaning seruices forthe CONTRACTOR. The Supervisor must have excellent communication skills and be capable of directing all regular maintenance and additional pressure cieaning services and coordinating these with the designated CITY representative. The Supervisor shall corrstantly use his experience and trainrng to prevent, detect and control adverse conditions by physically i nspecting tlre faci I ities. B. Employee/lndependent Contractor Performance - The CONTRACTOR shall employ (or contract with) personnel competent to perform tlre work specified herein. The CITY RFP201 1-05 Pressure Cleaning Services Page 6 of 61 Exhibit A reserves the right to request the removal of a CONTRACTOR'S employee/independent contractor from perfornring maintenance on the CITY'S facilities where suclr employee's/independent contractor's performance or actions are obviously detrimental to the program. C. Uniforms - CONTRACTOR shall provide all enrployees with color coordinated unlforms tlrat shall meet tlre CITY'S public image requiremenis and be maintained by CONTRACTOR so that all personnel are neat, clean and professional in appearance at all times. Non-uniform clothirrg will not be permitted, including for new employees. Safety vests must be wonr at all times. D. Vehicles - CONTRACTOR shall keep all vehicles in good repair, free from leakrng fluids, properly registered, of unifornr color and shall bear tlre company name on eaclr side in not less than 1 /2" lelters. E. Maintenance of Traffic - CONTRACTOR shall be responsible for proper maintenance of traffic (M.O.T.) at all times. Cones and proper signage must be used to stage vehicles and equipment and to protect works on or near roadways. F. Equipment Safety - CONTRACTOR shall keep all equipment in an efficient and safe operating condition while performing work under the contract. Equipment shall have proper safety devices maintained at all times while in use. lf equipment does not contain proper safety devices and/or is being operated in an unsafe manlter, the CITY may direct the CONTRACTOR to remove suclr equipment arrd/or the operator until the deficiency is corrected to the satisfaction of the CITY. The CONTRACTOR shall be responsible and iiable for injury to persons and property caused by the operation of the equipment. G. Schedule of Work - At the beginning of each month, the CONTRACTOR shall furnish to the CITY, for its approval. a schedule of work to be completed during the upcoming month, The CITY reseryes the right to direct the CONTRACTOR to rearrange the schedule to meet the needs of the CITY. H. Chemicals - The CONTRACTOR shall furnish to the CITY the name of the chemical, manufacturer's label and Manr"rfacturer's Safety Data Sheet (MSDS) for all products used. l. Discovery and Notification - lf the CONTRACTOR discovers damages, vandalism or tlreft, the CONTRACTOR shall immediately notify the CITY of same, and shall file a police report of the occurrence. 2.4 Contractor Licensins an d Minimum Oualifications All proposers must provide the necessary documentation to demonstrate that they meet the following minimum qualifications. A. Service and lncorporation - CONTRACTOR shall have been in continuous seruice and licensed to do business in the Stare of Florida for a mininrum of five (5)years. RFP201 1-05 Pressure Cleaning Services Page 7 of 61 Exhibit A B. Licenses - CONTRACTOR must be fully licensed with all required State and/or Local government licenses and permits. 2,5 lnsurance A. Requirements: Before performing any work, CONTRACTOR shall procure and nraintain, during the life of the Agreement, unless otlrerwrse specified, irrsurance listed below. Simultaneous with tlre delivery of an executed Proposal to the CITY when required, CONTRACTOR shall furnish to CITY proof of insurance wlrich meets the requirements set forth lrerein. The policies of insurance shall be primary and written on forms acceptable to the CITY and placed with insurance carriers licensed by the lnsurance Department in the State of Florida and meet a minimum finarrcial AM Best Company ratrng of rro less than "A- Excellent: FSC Vll," ln the event that the insurance carfier's rating shall drop, the insurance carrier shall immediately notify the CITY. The CITY must approve any changes to these specifications. The City of Weston; Weiss Serota Helfman Pastoriza Cole & Boniske, P.L.; Calvin, Ciordano & Associates; and Municipal Technologies, LLC shall be named as additional insured, as their interests may appear on all policies except Workers' Compensation. As respects Ceneral Liability coverage, the Completed Operations Coverage and the Additional lnsured status of the CITY; Weiss Serota Helfman Pastoriza Cole & Boniske, P.L,; Calvin, Ciordano & Associates; and Municipal Technologies, LLC shall be maintained for this Project for not less than five (5) years following completion and acceptance by the CITY or no more restrictive than lnsurance Services Office (lSO) form CC 20 37 (07 04). Waiver of subrogation in favor of the City of Weston is requiied on all policies except Workers' Compensation. CONTRACTOR shall provide Statutory Workers' Compensation, and Employer's Liability insurance with limits of not less than $1,000,000 per employee per accident, $1,000,000 disease aggregate and $1,000,000 per enrployee per disease for all personnel on the worksite. lf applicable, coverage for the Jones Act and US Longshoremen and Harborworkers Exposures must also be included. (Elective exemptions will NOT satisfy this requirement. Certificates evidencing an employee leasing company as employer will not be accepted). ln the event the CONTRACTOR has "leased" employees, the CONTRACTOR must provide a Workers' Conrpensation policy for all personnel on the worksite. All documentation must be provided for review and approval by the CITY. The CONTRACTOR is responsible for the Workers' Compensation of any and all subcontractors, including leased employees, used by the CONTRACTOR. Evidence of workers' compensation insurance coverage for all subcontractors, including leased employees, must be submitted prior to any work being per{ormed. RFP201 l-05 Pressure Clean ing Services Page I of 61 Exhibit A B. Commercial General Liabilitv: lncluding but not linrited to bodily injury, property damage, contractuaI liability, products and completed operations (without linritation), wateriraft or aircraft liability if those vehicles will be utilized, and personal injLrry liability with limits of not less than $2,000,000 each occurrence, covering all work performed urrder this Agreement. C. Business Automobile Liabil itv: CONTRACTOR shall provide and maintain Business Automobile Liability at a limit of liability not less tlian $1,000,000 each occurrence covering all work performed under this Agreement. Coverage shall include liability for Owned, Non-Owned & Hired automobiles. ln the event CONTRACTOR owns automobiles, CONTRACTOR agrees to maintain coverage for Hired & Non-Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial Ceneral Liability policy or separate Business Auto Liability policy. lf private passenger automobiles are used in the business, they must be commercially insured. tf the CONTRACTOR is shipping a product via common carrier, the CONTRACTOR shall be responsible for any loss or damage sustainecl in delivery/transiVloading and un load ing. D. Umbrella Liability: Umbrella polices are acceptable to provide the total required liability timits E. Pol form: All policies required by this Agreement, with the exception of Workers' Compensation, or utrless specific approval is given by the CITY, are to be written on an occurrence basis, shall name tlte City of Weston; Weiss Serota Helfrnan Pastoriza Cole & Boniske, P.L.; Calvin, Ciordano & Associates; and Municipal Technologies. LLC as Additional lnsured during the Agreement and for a minimum of five (5) yeirs following the end of the Agreement (include wording on Certificate). lnsurer(s), with the exception of Workers'Compensation, shall agree to waive all rights of subrogation against the City of Weston. lnsurance requirements itemized ir-r this contract and reqr-rired of tlre CONTRACTOR shall be provided orr behalf of all sub-contractors to cover their operations per{ormed under this Agreenrent. Tlre CONTRACTOR shall be held responsible for any modifications, deviations, or omissions jn these insurance requirements as they apply to sub-contractors. F RFP20l 1-05 Pressure Cleaning Services Page 9 ol 6l Exhibit A C. Eaclr insurance policy required by this Agreement shall 1. Apply separately to each insured against whom claim is made and suit is brought, except with respect to limits of tlre insurer's liability 2, Not be suspended, voided or canceled by either party except after thirty (30) calendar days prior written notice by certified mail, return receipt requested, has been given to the CITY, except the cancellation notice period for non-payment of premiums forWorkers'Compensation notice shall be 10 days. The City of Weston shall retain the right to review, at any time, coverage, fornr, and amount of insurance. The procuring of required policies of insurance shall not be construed to lirrrit CONTRACTOR's tiability nor to f ulfill the indemnification provisions and requirements of this Agreement. The CONTRACTOR shall be solely responsible for payment of all premiurns for insurance contributing to the satisfaction of this Agreement and shall be solely responsible for the payment of all deductibles and retentions to which such policies are subject. Certificates of lnsurance evidencing Occurrence Form Coverage and conditions to this Agreement are to be furnislred to City of Weston, 17200 Royal Palm Boulevard, Weston, FL 33326, prior to commencernent of work AND a minimum of thirV (30) calendar days prior to expiration of the insurance contract, when applicable. All insurance certificates shall be received by the CITY before the CONTRACTOR will be allowed to commence or continue work. All insurance carriers must have tlreir corresponding AM Best carrier lD listed on the Certificate of lnsurance (COl). M.Notices of Accidents (occurrences) and Notices of Claims associated with work being performed under this Agreement, shall be provided to the CONTRACTOR's/ Sub/Consultant's insurance company and Risk Management as soon as practicable after notice to the insured, The insurance required for this Agreement shall be written for not less than limits of liability specified in the Contract Documents or required by law, whichever coverage is greater. The CONTRACTOR shall furnish inforrnation concerning reduction of coverage with reasonable promptness in accordance with the CONTRACTOR's information and tlelief. O, Coverages Required Minimum Limits Workers' Compensation Ernployers' Liability Statutory Limits - State of Florida $ 1, 000,000 accident/d isease $1,000,000 policy limit, disease $1,000,000 each employee, disease 1. l K. L. N 2 RFP20l l-05 Pressure Cleaning Services Page 10 of 61 Exhibit A Automobile Liability Combined single limit Ceneral aggregate Products and completed operations aggregate Personal and advertising injury Each occurrence Project specific aggregate 3 $1,000,000 a a a a a 4. Ceneral Liability For proiects under $1,000,000. For proiects $ 1,000,000 or over $5,000,000 $5,000,000 $2,000,000 $2,000,000 $5,000,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $ 1,000,000 CONTRACTOR shall be responsible for all deductible amounts rrHrs sPAcE TNTENTTONALLV LEFT BLANKI RFP20'l l-05 Pressure Cleaning Services Pagellof6l Exhibit A 2.6 Security A. Proposal Security: Simultaneous with the delivery of an executed Proposal to the CITY, the CONTRACTOR shall furnish to tlre CITY a Proposal Security in the amount of ten thousand dollars ($i0,000.00) as security for the faithful execution of a contract with the CITY in the event of such award by the City Commission. B. Proposal Security may be in the form of a cashier's check payable to the CITY of Weston and drawn on a bank, autlrorized to do business in the State of Florida, or a Proposal Bond issued by a surety meeting the qualifications stated herein. The Proposal Security (cashier's clreck or proposal bond) shall be attached to Form 11 provided in Section 5. Proposal Security shall be returned subsequent to award of tlre contract by the City Commission and execution by tlre successful CONTRACTOR and the appropriate City officials. C. Failure by the successful CONTRACTOR to execute a Contract, to furnish Perforrnance and Payment Bonds when required, and to furnish Certifrcates of lnsurance in the minimurn amounts specified in the Proposal, slrall be just cause for the rescission of the award and the retention of the Proposal Security by the CITY. Such retention sliall be considered not as a penalty, but as liquidation for damages sustained. Award rnay then be rnade to the next ranked CONTRACTOR, or all proposals may be rejected. D. Qualifications of Surety: Surety companies issuing Proposal Bonds slrallfulfitl each of the following provisions, and the CONTRACTOR sliall provide evidence to document such fulfillment: 1 . The surety company is licensed to do br-rsiness in the State of Florida. 2. The surety company holds a currently valid certificate of authority authorizing it to write surety bonds in tlre State of Florida. 3. The surety company has twice the minimum surplus and capital required by the Florida lnsurance Code at the time the Request for Proposals is issued, 4. Tlre surety company is othewise in compliance with the provisions of the Florida lnsurance Code. 5, The surety company holds a currently valid certificate of authority issued by the United States Department of the Treasury under 31 U.S.C. S 9304-9308, 6, Each bond shall contain all provisions required by S 255.05, Florida Statutes, as may be amended from time to time. 7. Each bond shall be issued b), a Florida resident agent RFP201 1-05 Pressure Cleaning Services Pagel2of6l Exhibit A B. Qualifications: As to conrpanies being rated acceptable: A Proposal Bond must be executed by a Surety Company of recognized standing, authorized to do business irr the State of Florida and having been in business with a record of successful continuous operation for at least (5) years. ln addition to the above minimum qualifications, the Surety Company must meet the following additional qualifications. The surety Company shall meet a minimum financial AM Best Company rating of no less than "A- Excellent: FSC Vll" and shall have at least tlre following mjnimunr Policyholders ratings: A- Class vll or higher. tn the event that the Surety Company's rating shall drop, the surety Conrpany shall immediately notify the Owner. All surety Comparrles are subject to review and approval by the clTy and may be rejected without cause. All bonds signed by an Agency must be accompanied by a certificate of authority to act. lTHrs spAc[ tNTENTtoNATLY rEFT BrANK] ((_ RFP201 1-05 Pressure Cleaning Services Page l3 of6? $ Exhibit A 2.7 Pricing The CONTRACTOR offers the following for providing all labor, materials, supplies, equipment, etc. to perform pressure cleaning services in accordance with the scope of work. $_per square foot (with pre-spray algaecide treatment) r square foot (without pre-spray algaecide treatment) FHIS SPACE TNTENTIONALLY LEFT BLANKI RFP20l l-05 Pressure Cleaning Services Page t4 ol 5'l Exhibit A SECTION 3 - GENERAL CONDITIONS 3.1 RF P Documents Tlrese RFP docr-rrnents constitute the complete set of Proposal specifications and forms. All forms and documents must be execr-rted, sealed and submitted as provided in Section 4 of this RFp. Proposals not submifted on the prescribed Proposal forms shall be rejected. By submitting a Proposal, the CONTRACTOR agrees to be subject to all terms ancl conditions specified herein. No exception to the terms and conditions shall be allowed. Submittal of a response to this RFp constitutes a binding offer by the CONTRACTOR. 3,2 Taxes The coNTRACToR shall not be entitled to tlre Clry's tax exempt benefits 3.3 Additional Terms and Conditions No additional terms and conditions submitted by the CONTRACTOR with the RFp proposal shall be evaluated or considered. Any and all sucli additional terms and corrditions slrall have no force and effect and are inapplicable to this RFp. 3.4 lnterpretations and ln qulrtes All CONTRACTORS shall carefully examine the RFP documents. Any arnbiguities or inconsistetrcies shall be brought to the attention of the CITY or its agent in writing piior to the Proposal deadline. Any questions concertring the intent, meaning and interpretation of the RFP documents shalt be requested in writrng, and received by the CITY no later than 5:00 PM, local time, on Friclay, October '14,2011. Written inqiriries shall be addressed to: Jeffrey Skidmore Ass istant C ity M an agerlCh ief O pe rati n g Officer Fax No. (954) 389-5430 Submissiorr of a Proposal wili serve as prima facie eviclence that the CONTRACTOR has examined the Agreement and is fully aware of atl conditions affecting the provision of services. No persorr is authorized to give oral interpretations of, or make oral changes to, the RFP documents. Therefore, oral statements will not be binding ancl should not be relied upon. Any interpretation of, or changes to, the RFP documents will be rnacle in the form of a written adclenclum to the RFp document and wjll be furnished by the CITY to all CONTRACTORS who anend the mandarory pre- proposal meeting. Only those interpretations of, or changes to, the RFP clocument that are nrade in writing and furnished to the CONTRACTORS by the ctry may be relied upon. RFP2OI l-05 I'ressure Cleaning Services Page15of61 Exhibit A 3.5 Verbal eements No verbal agreement or conversation witlr any officer, agent, or employee of the CITY, either before or after execution of the Agreement, slrall affect or modify any of the terms or obligations contained in tlre Agreement. Any such verbal agreement or conversation shall be corrsidered as unofficial information and in no way binding upon the CITY or the CONTRACTOR. 3.6 No Contingency Fees CONTRACTOR warrants that it has not employed or retained any cor"npany or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this Agreernent, and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the CONTRACTOR, any fee. commission, percentage, gift or other consideration contingent upon or resuJting from the award or rnaking of this Agreernent. 3.7 lndependence On the Form 8 provided in Section 5 of tlris RFP, the CONTRACTOR shall list, and describe any relationships - professional, financial or otherwise - that it may lrave with the CITY, its elected or appointed officials, its employees or agents or any of its agencies or component units for the past five (5) years, together with a statement explaining why such relationships do not constitute a conflict of interest relative to performing the services sought in this RFP. Additionally, the CONTRACTOR shall give the CITY written notice of any other relationships - professional, financial or otherwise - that it enters into with the CITY, rts elected or appointed o{ficials, its employees or agents or any of its agencies or component units during tlre period of the Agreernent. 3.8 DisqualificationofContractors More than one Proposal from an individua[, firm, partnership, corporation or association under the sarne or different names will not be considered. Reasonable grounds for believing that a CONTRACTOR is involved in more than one Proposal forthe same work will be cause for rejection of alI Proposals in which suclr Proposers are believed to be involved. 3.9 Assignment;Non-transferabilityof Proposal Proposals shall not be assigned or transferred. A CONTRACTOR who is, or may be, purchased by or merged with any other corporate entity during any stage of the Proposal process, through to and including awarding of and execution of an Agreement, is subject to having its Proposal disqLralified as a result of such transaction. The City Manager shall determine whether a Proposal is to be disqualified in such instances. lf, at any time during the Proposal process, filirrgs, notices or like documents are submitted to any regulatory agency concerning tlre potential acquisition of CONTRACTOR, or the sale of a controlling interest in the CONTRACTOR, or any similar transaction, CONTRACTOR shall immediately disclose such infornration to CITY. Failure to do so may result in the Proposal being disqualified, at the CITY'S sole discretion. RFP201 1-05 Pressure Cleaning Services Page l5of61 Exhibit A 3.10 Compliance With Applicable Laws CONTRACToRS are required to comply with all provisions of federal, state, county and local laws, ordinances, rules and regulations that are applicable to the services being offered in this RFp. Lacl<of knowledge of the CoNTRAcToR shail in no way be a cause for reJief from responsibility, or constitute a cognizable defense against the legal effects thereof. 3.11 Famil with Laws and Ordinances The submission of a Proposal on the services requested herein shall be considered as a representation that the CONTRACTOR is fanriliar with atl federal, state and local laws, ordinances, rules and regulations which affect those engaged or employed in the provision of suclr services, or equipment used in the provision of suclr services, or which in any way affects the conduct of theprovision of such services; and no plea of misunderstanding will be considered on account of ignorance thereof. lf the CONTRACTOR discovers any provisions in the RFp documents that are contrary to or inconsistent with any law, ordinance, or regulation, he shalt report it to the ClTy in writing without delay. 3.12 ACvertising ln submitting a Proposal, CONTRACTOR agrees not to use the results therefrom as a part of any Advertising or CONTRACTOR sponsored publicity wlthor.rt the express written approval of the City Manager or designee. 3.13 Execute Asreenrent The terms, conditions and provisions in this RFP shall be included apd incorporated in the final Agreement between the CITY and the successful CONTRACTOR. The order of precedence will be the Agreement, the RFP Documents, the CONTRACTOR's response and general law. Any and all legal action necessary to interpret or enforce the Agreement will be gloverrred by the laws of Florida. The venue shall be Broward County, Florida. 3.14 Facilities The City Manager or designee reserves the right to inspect each CONTRACToR's facilities at any reasonable tirne, during normal working hours, without prior notice to determine that the proposer has a bona fide place of business, and is a responsible proposer. 3.15 Withdrawal or Revision of Prooosa I Prior to and After One nln s A CONTRACTOR shall not withdraw, modify or correct a Proposai after it has been deposited with the CITY. The withdrawal, modification or correction of a Proposal after it has been deposited witlr the CITY shall constitute a breach by the CONTRACTOR. No CONTRACTOR may withclraw its Proposal within ninety (90) calerrdar days after the proposal opening date. RFP201 l'05 Pressure Cleaning Services Page 17 of61 Exhibit A 3.16 CITY'S Exclusive Rights The CITY reserves the exclusive rights to: 1. Waive any def iciency or irregularity in the selection process; 2. Accept or reject any or all qualifications statements in part or in whole; 3, Request additional information as appropriate; and, 4. Reject any or all submittals if found by the City Conrmission not to be in tlre best interest of the CITY. ln the eveniof a sole proposal, CITY reserves the right to rejectthe sole proposal. By submitting a Proposal for the services, all CONTRACTORS acknowledge and agree that no enforceable Agreement arises until the CITY signs the ACREEMENT, that no action shall lie to require the CITY to sign suclr Agreement at any time, and ihat each Proposer waives all claims to damages, lost profits, costs, expenses, reasonable attorneys fees, etc., as a result of the CITY not signing such Agreement. 3.17 Addenda The CITY reserves the right to issue addenda. Each CONTRACTOR shall acknowledge receipt of such addenda orr the Form 8 provided in Section 5 of this RFP. ln the event any CONTRACTOR fails to acknowledge receipt of such addenda, his/her Proposal shall nevertheless be construed as tlrouglr the addenda had been received and acknowledged and the submission of his/her Proposal shall constitute acknowledgment of receipt of all addenda, wlrether or not received by him/her. lt is the responsibility of each prospective CONTRACTOR to verify that he/she has received all addenda issued before depositing the Proposal with the CITY. 3.18 Review of the RFP Documents By the submission of a Proposal to do the work, the Proposer certifies that a careful review of the RFP documents has taken place and that the Proposer is fully informed and understands the requirements of the RFP documents and the quality and quantity of service to be performed. 3.19 AdiustmentiChanges/Deviations No adjustments, changes or deviations to the RFP will be accepted unless tlre conditions or specifications of the RFP expressly so provide. 3.20 Public Records Upon alard recommendation or ten (10) days after Proposal opening, whichever is earlier, any material submitted in response to this RFP will become a "public record" arrd shall be subject to public disclosure consistent witlr Chapter 119, Florida Statutes (Public Record Law). Proposers must claim the applicable exemptions to disclosure provided by law in their response to the RFP by RFPz01 1-05 Pressure Cleaning Services Page 18 of 61 Exhibit A identifying materials to be protected, and must state the reasons why such exclusion from public disciosure is necessary and legal, The CITY reserves the right to make all final determirration(s) of the applicability of the Florida Public Records Law. 3,21 Subcontracting No subcontracting, including employee leasing, shall be permitted, except with the prior approvalof the City Manager, which shall be in his soie and absolute discretion. A list of all such subcontractors shall be included in the Proposal, lf adclitiorral subcontractors are to be used during the term of this Agreement, otherthan those submitted in the Proposal, a listof subcontractors shall be provided to the City Manager, subject to his approval. 3.22 Public Entities Crime ApersonoraffiliateasdefinedinSectiorr 287.'l33,FloridaStatutes,whoorwhichhasbeenplaced on the convicted vendor list maintained by the Florida Department of Management Services foilowing a convictton for a public entity crime, rnay not submit a bid on an Agreementto provicle any goods or services to the CITY and may not transact business with the CITY in an amount set forth in Section 287.017, Florida Statutes, for Category Two for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. By submittinB a response to this RFP, Proposer certifies that it is qualified under Section 2g7.133, Florida Statutes, to provide the services set forth in this Agreement for €r*s{edial€eryiees-pressure Cleaning Services. 3.23 Non-CollusionAffidavit The Proposer shall include the Non-Collr-rsion Affidavit as set forth in the Form 6 provided irr Section 5 of this RFP and as described in Sectiorr 4 of the RFP. proposer's failure to include the affidavit shall result in disqualification. fr-Hrs spAcE tNTENT|ONALLY LEFT BLANKI RFP20 l l-05 Pressure Cleaning Services Page 19 of61 Exhibit A SECTION 4 _ PROPOSAL PROCESS 4.'l Mand.ato"ryPre-propg.salMeeting A mandatory p.'e-proposal meeting will be held on Wednesday, October '12, 201'1, at 9:00 AM, local time, at the Weston Community Center, 2020A Saddle Club Road, Weston, Florida 33327. All CONTRACTORS planning to sr"rbmit a proposal are required to attend tlris nreeting. CONTRACTORS should allow sufficient tinre to insure arrival prior to the indicated time. Proposals from those who have failed to attend will not be opened. CONTRACTORS arriving past the indicated time will not be eligible to submii a proposal. The official clock at the location of the Pre-Proposal Conference shal I govern. Failure of a CONTRACTOR to be present for the entire mandatory pre-proposal meeting, beginning at the time stated above and concluding at the dismissal of the mandatory pre-proposa[ meeting by the CITY, slrall render a CONTRACTOR to be deemed non-responsive and the Proposal slrall not be considered for award. Decisions of the CITY shall be final. At the pre-proposal nteeting, representatives of the CITY will be available to answer questions and explain the intent of this RFP. Questions about, or requested modifications to, the RFP docunrents which have been submitted in writing and received by the CITY at least five (5) business days prior to the pre-proposal meeting will be addressed. To the extent possible, the CiTY will also consider other questions or concerns that may be raised at that time. After the pre-proposal meeting, the CITY may prepare written documentation to answer questions which were addressed at the pre- proposal meeting which relate to interpretation of, or changes to, the RFP documents which the CITY deems appropriate for clarification. 4.2 Preparation of P roposals No Proposer slrall take exception to the specifications herein. Proposals taking exception to the specifications may be rejected as non-responsive, A. Number of Proposals 5ix (6) complete copies of the Proposal, and one (1) unbound original Proposal, are required to be submitted to the CITY by the date and time indicated above. Each copy should contain all mandatory and optional information submitted by tlre Proposer. Additional copies may be requested by the CITY at its discretion. B. Proposal Packaging Eaclr Proposal shall be submifted in a separate plain sealed parcel, box or other secure packaging, marked as the "Proposal", in accordance with Section 4.5. The outside of the sealed package slrall clearly indicate the submitting RFP No. 2011-05 " Pressure Cleaning Services" Proposer's name, address and tlre narne and telephone nunrber of the Proposer's specific contact person. The Proposal shall contain six (6) conrplete copies and one (1) unbound original, and is required to be submitted to the CITY by the date and time indicated in Section 4.3. Each copy shall contain all required information in order to be considered responsive. RFP20I l-05 Pressure Cleaning Services Page 20 of 61 Exhibit A C. Signatures All required signatures shall be manual, in blue ink of an authorizecl representative who has the legal authority to bind the Proposer in contractual obligations. The Proposal shall be typed or legibly printed in ink. Use of erasable ink is not permitted. All blank spaces shall be filled in and noted, in ink or Vped, with amounts extendecl and totaled as appropriate. All corrections made by Proposer to any part of the Proposal clocument shall be initiated irrink. Failure to manually sign the appropriate Proposal forms will disqualify the Proposer and the Pr"oposal will not be corrsidered. Proposals by corporations shall be executed in tlre corporate nanre by the President or Vice- President (or other corporate officer if accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the Corporate Secretary or an Assistant Secretary. The corporate address and state of incorporation shall be shown below tlre signature, Proposals by partnerships slrall be executed in tlre partnership nanre and signecl by a padner. His/her title shall appear under hislher signaiure and tlie official address of the partnership shall be shown below tlre signature. D. Proposal Format TheProposal shall betypewrittenonbothsides of gnxll inchwhitepaper. pagesshall be secured by staple, cerlox binding or similar closures. Proposals shall be organized in chapters as described herein. Chapters slrall be separated by a tab indicating the chapter nunrber. All pages are to be consecutively numbered. lf a form is provided and there is insufficient space for a response on a fornr, the response may be continued on a blank page inrmediately following the form. The additional pages are to be numbered the same as the form with the addition of the letter "a" "b" "c" etc. lf a form is provided ancl additional forms are needed, the form may be copied. Tlre copied pages are to be numberecl the same as the form with the addition of the letter "a' '|,b,, ,,c" etc. Responses slrall be complete and unequivocal, ln instances where a response is not required, or is notapplicable or material to the Proposal, a response such as "no response is required" or "not applicable" is acceptable. Proposal Format Chapter 1 Letter of lntent Statement of Organization (Form 1) Personnel (Form 2) Equipment (Form 3) Experience/Refe rences (Form 4) Chapter 2 Chapter 3 Pricing (Form 5) Financial Stability & Statements Litigation History RFP20l l-05 Pressure Cleaning Services Page 2'l of 61 Exhibit A lnsurance Req u i remerrt Criminal Convictions Non-Collusion Certification (Form 6) Chapter 4 Drug-free Workplace (Form 7) Addenda (Fornr B) lndependence Affidavit (Form 9) Certification to Accuracy of Proposal (Form 10) Chapter 5 Proposal Security (Form 11) 4,3 Submittal, Receipt and Opening of Proposals All Proposals slrall be submitted on or before 11:00 AM, local tinre, on Tuesday, October 25,201'l to: Office of the City Clerk City of Weston 17200 Royal Palm Boulevard Weston, Florida 33326 All CONTRACTORS are reminded that it is the sole responsibility of the CONTRACTOR to ensure that their Proposal is time stamped in tlre OFFTCE OF THE CITY CLERK prior to 11:00 AM, local time, on Tuesday, October 25,20^11. Failure of a CONTRACTOR to submit their Proposai and ensure tlrat their Proposal is time starnped prior to the time stated above shall render a CONTRACTOR to be deemed non-responsive and the Proposal shall not be considered for award. Proposals subnritted and time stamped on or before 11:00 AM, local time, on Tuesday, October 25t2011 shall be opened publicly in accordance with Section 4.5. The official clock at the City Hall reception desk shall govern. 4.4 Selection Comrnittee Proposals sLrbmilted will be evaluated by a three (3) member Selection Committee ("Selection Committee") consisting of the Assistant City Manager/Chief Operating Officer, the Director of Public Works and the Director of Landscaping who will review submissions and provide a recommendation to the City Commission. 4.5 Sealed Proposal The Sealed Proposals will be publicly opened at 17200 Royal Palm Boulevard, Weston, Florida 33326, at 11:00 AM, local time, Tuesday, October 25,2011. The Selection Committee shall exarnine the documentation submitted in the Proposals at a time thereafter to determine the responsiveness and resporrsibility of each CONTRACTOR. CONTRACTORS shall provide the following information in the Proposal: RFP201 1-05 Pressure Cleaning Services Page 22 ot 61 Exhibit A A. Letter of lntent The Letter of tntent is to be signed by an officer of the company authorized to bind the submitter to its provisions. The Letter of lntent is to contaan a statement indicating theperiod during wlrich the Proposal will rernain valid. A period of not less than ninety (90) calendar days is required, B. Contractor/s Statement of O rganization coNTRACTORS shalI complete Form 1 provided rn section 5 of this RFp. CONTRACTORS are permitted to supply additional information tlrat will assist the ClTy in u nderstandr n g tlre CO NTRACTOR's organ ization. C. Personnel CONTRACTORS shall carefully provide, in the fornrat requested, all of the jnforrrratiorr requested in Form 2 provided in Section 5 of this RFP, All prirrcipals of the CONTRACTOR and key personnel performing services pursuant to this RFP shall provide a detailed resurne indicating that individual's area of expertise and experierrce. D. Equipment CONTRACTORS shall provide a cotnprehensive list of all equipment currently owned or leased by CONTRACTOR to be used on the project utilizing Form 3 provided in Section 5 of this RFP. E. Experiengs A summary of CONTRACTOR's experience in Broward, Miami-Dade or Palm Beach counties providing pressure cleaning services for facilities of similar size and scope as the CITY's facilities, shall be provided using Form 4 proviclecl in Section 5 of this RFp, CONTRACTOR shall not utilize as references, any CITY ernployee, contractor, or official. CONTRACTOR's use of such references may result in disquatification, at the discretion of the CITY. F. Pricing CONTRACTORS shail provide the pricing information requested on Form 5 in Section 5 of this RFP. C. Financial Stabilitv and Statements CONTRACTORS shall demonstrate financial stability. CONTRACTORS shall provide a statement of the CONTRACTOR's f[nancial stability, including information as to current or prior bankruptcy proceedings. Proposals shall includu ".opy of the most recent audited annual financial statements. ln the event the CONTRACTOR does not have audited financial statements, the CONTRACTOR may substitute non-audited financial statements and complete federal tax returns for the last two years. Financial statements provided shall RFP201 1-05 Pressure Cleaning Services Page 23 of 6t Exhibit A include, at a minimum, a Balance Sheet, an lncome Statement and a Statement of Cash Flows. H, Litisatiorr Histo ry CONTRACTORS shall provide a summary of arry litigation or arbitration that the CONTRACTOR, its parent company or its subsidiaries have been engaged in or are currently engaged in, during the past five (5) years agajnst or involving (1)any public entity for any amount (2) any private entity foran amount greater than $100,000. The summary shall state the nature of the litigation or arbitration, a brief description of the case, tlre outcome or projected outcome, and the monetary amounts involved. The CITY may disqualify any CONTRACTOR it determines to be excessively litigious. L lnsurance Requirement CONTRACTOR shall provide proof in tlre form of a certificate of insurance complyirrg with the requirements specified in this RFP. f. Criminal Convictions CONTRACTORS shall provide a summary of any criminal convictions of the company, owners, offrcers and anybody performlng work under this Agreernent, related to tlre services being bid. The CITY may disqualify a CONTRACTOR on the basis of past crinrinal convictions when those convictions relate to dishonesty, antitrust violatiorrs, or unfair conrpetition. K. Contractor's Non-Collusion Certification CONTRACTOR shall complete and execute the Non-Collusion Affidavit of CONTRACTOR (Form 6 provided in Section 5 of this RFP). I. Drug-Free Workplace CONTRACTOR shall certify that it has implernented a drug-free workplace program in accordance with Section 287.087, Florida Staturtes. ln order to receive consideration, a signed certi{ication of compliance (Form 7 provided in Section 5 of tlris RFP), slrall be subrnitted with the RFP response. M. Addenda CONTRACTOR shall complete and sign the Acknowledgnrent of Addenda (Form B provided in Section 5 of this RFP) and include it in the Proposal in order to have tlre Proposal considered. ln the event any CONTRACTOR fails to acknowledge receipt of such addenda, his/her Proposal shall nevertheless be construed as though the addenda had been received and acknowledged and the submissiorr of his/her Proposal slrall constitute acknowledgment of receipt of all addenda, whether or not received by him/her. RFP201 1-05 Presstrre Cleaning Services Page 24 of 61 Exhibit A N. lndenenden ce Aftidavit CONTRACTOR shall list and describe its relationships with the CITY in accordance with Section 3.7 of the RFP (Form 9 provided in Section 5 of this RFp). O. Certification to Accuracv of Proposal P. Proposal Securi ty 4.6 Qualification Evaluation CONTRACTOR slrall certify and attest, by executing Form 1O provided in Section 5 of tlris RFP, tlrat all Forms, Affidavits and docurrents related thereto that it has enclosed in the Proposal in support of its Proposal are true and accurate. Failure by the CONTRACTOR to attest to the trr-rth and accuracy of such Folms, Affidavits anc{ documents shall result in the Proposal being deemed non-resporrsive and such Proposal witl not be consiclered. CONTRACTOR shall attach Proposal Security in the amount of ten thousand dollars($10,000.00) to Form 11 that is provided in Sectiorr 5 of this RFP. Proposal Security may be in the form of a cashier's clreck or proposalbond as clescribecl in section 2.6. The Selection Committee shall examine tlre documentation submitted in the proposal to deterrninethe responsiveness of each CONTRACTOR. Failure to provide the required informatiorr willdisqualify any such Proposal as non-responsive and such Proposal wili not be considered. TheSelection Corntnittee will disqLralify any CONTRACTORS that make exaggerated or false statements. The evaluation of Proposals and the determination of conforrnity and acceptability shall be tlre soleresponsibility of tlre Selection Committee. Suclr determination shall be based on information furnished by the CONTRACTOR, as well as other information reasonably available to the ClTy. The Selection Committee may make suclr investigations as it deems necessary to determine theability of the GoNTRACTOR to perform the services and the coNTRACToR shall furnish tlre CtTyall sr-rcl'r information and date for this purpose as the CITY may request before and during theProposal period. The Selection Committee reserves the righi to mal<e additional inqulries, interview some or all CoNTRACTORS, make site visits, obtain credit reports, or any other action it deems necessary to fairly evaluate all CONTRACTORS. The Selection Committee may at its sole discretion reject a CONTRACTOR or quaiify a CONTRACTOR. 4,7 Evaluation Each member of the Setectron Committee will evaluate and rank eaclr proposal in each of the categories listed below. The full Selection Committee wilt then convene to review and discuss these evaluations and rank the contractors as a group, A sample of tlre ranking form used by the Selection Committee is included in Chapter 5 (Form 12) af this RFp. proposali will be evaluated and ranked based on the following: A' The CONTRACTOR's qualificatiorts, including financial abiliry to perform the services described in the Agreement RFP201 1-05 Pressure Cleaning Services Page 25 of 6l Exhibit A B, The CONTRACTOR's experience in Broward, Miami-Dade or Palm Beaclr counties in providing pressure cleaning services for facilities of similar size and scope as the City's facilities. C. Qualifications of CONTRACTOR's key employees D. The type, qualiry and quantity of equipnrent currently owned or leased by CONTRACTOR to be utilized in the performance of the services described in the Agreement E. The cost to CITY ln the eventof a tie, CITY shall break the tie by drawing lots at a publicly noticed meeting. Depending on the number of Proposals submitted, the Selection Cornmittee may slrort-list the contractors, down to three (3), and then interview and rank those top three (3) contractors. The Proposal ranked one (1) will be recommended by the Selection Comtnittee to the City Commission for award of the Agreement. The City Commission will consider the selection of a contractor based upon the recommendation of the Selection Committee. 4.8 Protest Procedures A. Standing - Parties that are not actual proposers, including, but not limited to, subcontractors, material and labor suppliers, nranufacturers and their representatives, slrall not have standing to protest or appeal any determination made pursuant to this Section. B. Procedure 1. Protest of Failure to qualify - Upon notification by the City that a proposer is deemed non-responsive andlor non-responsible, the proposer who is deenred non- responsive and/or non-responsible may file a protestwith the City Clerk by close of business on the third Business Day after notification (excluding the day of notification) or any right to protest is forfeited. (City Hall hours arc as follows: Monday-Thursday from B:00 am to 5:30 pm and Friday from B:00 am to 3:00 pm.) 2. Protest of Award of Agreement. After a Notice of lntent to Award an Agreement is posted, any proposer wlro is aggrieved in connection with the pending award of the agreement or any element of the process leading to the award of the agreement may file a protestwith the City Clerk by close of business on the third Business Day after posting (excluding the day of posting) or any right to protest is forfeited, A Notice of lnterrt to Reject all Proposals is subject to the protest procedure. 3. Content and filing - The protest shall be in writing, shall identify the name and nanre and address of the protester, and shall irrclude a factual summary of, and the basis for, the protest, Filing shall be considered complete when the protest and the Protest Bond are received by the City Clerk. The official clock at the City Hall reception desk shall Eovern. RFP20l 1-05 Pressure Cleaning Services Page 26 of 61 Exhibit A C. Protest Bond - Arry proposer filing a protest shall simultaneously provrde a protest Bond to the City in the amount of ten thousand dollars ($10,000). if the protest is decicled in the protester's favor, the entire Protest Bond shall be returned to the protester. lf the protest is ttot decided in the protester's favor, the Protest Bond shatl be forfeited to tlre City. The Protest Bond shall be in the form of a cashier,s check. D. Protest Committee - The Protest Committee shall review all protests. The City Manager shall appoint the members of the Protest Committee. No member of the City Comnrission shall serve on the Protest Committee. The City Attorney or designee shall serve as counsel to the Committee. Tlre meeting of the Protest Committee shall be opened to the public and all of the actual proposers shall be notified of the date, tinre and place of the meeting. lf the Protest Committee determines that the protest has merit, the City Manager shall direct that all appropriate steps be taken. lf the Protest Committee clenies the protest, the protester may appeal to the City Commission. All of the actual proposers shall be notified of the determination by the Protest Committee. The Protest Committee shall terminate upon the award of the contract, or such other time as determined by the City Commission. E. Stay of award of Agreement or RFP Process- ln the event of a timely protest, the City ManagershallstaytheawardoftheAgreementorthe RFPprocessunlesstheCityManager deterrrines that the award of the Agreement without delay or the continuation of the RFp process is necessary to protect any substantial interest of the City. The continuation of the RFP process or award under these circumstances shall not preempt or otherwise affect the protest. F'Appeals to City Commission - Any actual proposer who is aggrieved by a determination of the Protest Committee may appeal the determination to the City Commission by filing an appeal with the City Clerk by close of busrness on the third Business Day after the protester has been notified (excluding the day of notification) of tlre determination by the protest Committee. The appeal shall be in writing and shall include a factual summary of, and the basis for, the appeal. Filing of an appeal shall be considered complete when the appeal is received by the City Clerk. G.Failure to file protest - Any actual proposer that does not formally protest or appeal in accordance with this Section shail not lrave standing to protest the City Commission's award. 4.9 Estimated Schedule The CITY anticipates that RFP activities will take place at the dates and times listed below However, these times and dates are subject to change at the discretion of the ClTy. Request for Proposals Legal Advertisement Mandatory Pre-Proposal Meeting Last Date for Submittal of Written Questions Prior to Proposal Due Date Proposals Due Selection Committee Ranking CIty Commission Ratify Ranking and Award of Agreement Sept. 26 & October 3,2O11 Oct.12, 2011 @ 9:00 a.m. Oct. 14,2O11 @ 5:00 p.m. Oct. 25, 2O11 @ 1 1 :00 a.m TBA RFP201 1-05 Pressure Cleaning Services TBA Page 27 o( 6t Exhibit A SECTTON s -QUAL|FTCATION FORMS The forms located in this section of the RFP shall be included in the Sealed Proposal. Forms not completed in full may result in disqualification. lTHts sPAcE TNTENT|ONATIY LEFT BLANK] RFP20l l-05 Pressure Cleaning Services Page 28 of 6l Exhibit A FORM 1 CONTRACTOR'S STATEMENT OF ORGAN I ZATION 1. Full Narne of Contractor: Principal Business Address, Plrone and Fax Numbers: 2. Principal Contact Person(s): 3. Form of Contractor (Corporation, Partnership, Joint Venture, Other): 4 Provide names of partners or officers as appropriate and indicate if the individual has the authority to sign in name of Contractor. Provide proof of the ability of the individuals so named to legally bind the Contractor. Name Address Title lf a corporation, in what state incorporated RFP20l l-05 Pressure Cleaning Services Page 29 of 61 Exhibit A Date lncorporated: Month lf a Joint Venture or Partnership, date of Agreement: Day Year 5 6 Name and address of all partners (state whether general or limited partrrership): lf otlrer than a corporation or partnership, describe organization and name of principals lndicate the number of years the Proposer has had successful experience in Broward, Miami- Dade or Palm Beach counties in providing pressure cleaning services for facilities of similar size and scope as the CITY's facilities: Years: List all contractors participating in this project (including subcontractors, etc.) Name Address Title 7. Outline specific areas of responsibility for each contractor listed in Question 6 1 2 3 4 1. 2. 3. 4. RFP201 1-05 Pressure Cleaning Services Page 30 of 61 I Exhibit A B. County or Municipal Business Tax Receipt No. (Attach Copy) Social Security or Federal lD No. List states and categories in which your organization is legally qualified to do business. lndicate registratiorr or license numbers, if applicable. List states in which partnership or trade name is filed. 10.Have you ever failed to complete any work awarded to you? yes No lf so, note when, wlrere and why. 11 Within the last five years, has any officer or partner of your organization ever been an officer or partner of another organization that failed to complete a contract? Yes No --- lf yes, attach a separate sheet of explanatton 12' Within the last five years, have you ever had a performance, payment or bid boncl called? Yes No lf yes, attaclr a separate sheet of explanation RFP20l i-05 Pressure Cleaning Services Page 31 of6l 13 14. Exhibit A Have you, any officer or partner o{ your organization, or the organization been involved in any litigation or arbitration against the CITY? Yes No lf yes, attach a separate sheet of explanation. Within the last five years, have you, any officer or partner of your organization, or the organization been involved in any litigation or arbitration against any other governmental entity in Florida? Yes No -- lf yes, attach a separate sheet of explanation, 15. Bank Reference: Name Title Date lTHrs spAcE TNTENTTONALLY LEFT BLANKI Signature RFP20l l-05 Pressure Cleaning Services Page 32 of 6l Exhibit A FORM 2 PERSONNEL For all principals of the CONTRACTOR and key personnel providing services sought in the RFp, provide a detailed resume indicating that individual's areas of expertise and experience. Resumes must be provided in tl're following format, however, addltional information may be provided at the option of the CONTRACTOR. A.Name and Title B Years Experience with: This Contractor: With Other Similar Contractors: C Education: Degree(s) YearApecialization D Professional References: (List a min jmum of 3) Other Relevant Experience and Qualifications List specifically the number of crew that will be assigned to provide services, if awarded the Agreement, and identify their respective tasks. Attach applicable licenses for each individual performing service pursuant to this Agreemerrt. E F c RFP201 l-05 Pressure Cleaning Services Page 33 of 61 Exhibit A FORM 3 EQUTPMENT LtST lrr the space below, list the type and quantity of all equipment that will be utiIized to complete this Project: RFP201 i-05 Pressure Cleaning Services Page 34 of 6l Exhibit A FORM 4 REFERENCES The CONTRACTOR shall furnish references for providing, in Broward, Miami-Dade or palm Beac6 counties,pressure cleaning services for facilities of similar size and scope as the CITY's facilities. Use additional sheets if necessary. 1 Name of Entity: -.* Address: Phone Number: Principal Contact Person(s) Description of Service and Price: 2 Year Contract lnitiated Date of completion or if not completed yet, anticipatecl date of completion and percentage of project completed lf completed, percentage of the cost of the workforces:.--..-performed with your own Phone Number; Principal Contact Person(s) Name of Entity: _ Address: Description of Service and Price: Year Contract ln itiated Date of Completion or if not completed yet, anticipated date of completion and percentage of project completed RFP20l 1-05 Pressure Cleaning Services Page 35 of 6? 3 Exhibit A lf completed, percentage of the cost of the worl< performed with your own forces: Phone Number: Pri ncipal Contact Person(s) Name of Entitu: Address: Description of Service and Price 4 Year Contract lnitiated: Date of Completion or if not completed yet, anticipated date of completion: and percentage of project completed lf completed, forces: percentage of the cost of the work performed with your own Narne of Entity Address: Phone Number: Pri ncipal Contact Person(s) : Description of Service and Price: Year Contract I nitiated Date of Completion or if not completed yet, anticipated date of completion: lf completed, forces: and percentage of project completed percentage af the cost of tlre work performed with your own RFP201 l-05 Pressure Cleaning Services Page 36 of 6l Exhibit A FORM 5 PRICING The CONTRACTOR offers the following for providing all labor, materials, equipment, etc. toperform pressure cleaning services in accordance with ttie scope of work. square foot (with pre-spray algaecide treatment) r square foot (without pr+spray algaecide treatment) $ $ rrHrs spAcE tNTENT|ONALLY rEFT BTANKI RFP201 1-05 P/essure Cleaning Seruices Page 3z of 51 2 Exhibit A FORM 6 NON-COLTUSION AFFIDAVIT The undersigned individual, being duly sworn, deposes and says that: 1. He/She is of the CONTRACTOR that has submitted the attached Proposal; He/Slre is fully informed respecting tlre preparation and contents of the attached Proposal and of all pertinent circumstances respecting suclr Proposal; Such Proposal is genuine and rs not a collusive or sham Proposal; Neither said CoNTRACTOR nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, lras in any way colluded, connived, or agreed, directly or indirectly, with any other CONTRACTOR, firm or person to submit a collusive or sham proposal in connection with the Agreement for which the attached Proposal has been submitted or to refrain from proposing in connection with such Agreement, or has in any manner, directly or indirectly, sought by agreement of collusion or communication of conference with any other CONTRACTOR, firm, or person to fix the price or prices in the attached RFP, or of any other CONTRACTOR, or to fix any overhead, profit or cost element of the Proposal or the response of any other CONTRACTOR, or to secure through any collusion, connivance. or unlawful agreement any advantage against the City of Weston, Florida, or any person interested in the proposed Agreement; and (THIS SPACE INTENTIONALTY TEFT BTANK) 3 4 RFP20t I -05 Pressure Cleaning 5ervices Page 38 of 6 l Exhibit A FORM 5 NO N.COTLUSION AFFI DAVIT Continued 5 The response to the attached RFP is fair and proper and is not tainted by arry collusion,conspiracy, connivance, or unlawful agreement on the part of the propoier or any of itsagents, representatives, owners, employees, or parties in interest, including this affiani. Signature (Blue ink only) (CORPORATE SEAL) Print Name Title Date STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me this _ day of for 201 1, by as Personally known to me OR has produced ldentification _, type of identification produced My Comnrission Expires NOTARY PUBLIC RFP2OI I-05 Pressure Cleaning Services Page 39 of 61 Exhibit A FORM 7 DRUG-FREE WORKPLACE The undersigned vendor (firrn) in accordance with Chapter 287.A87, Florida Statutes, hereby certifies that does (Name of Company) Publish a statement notifying enrployees that the unlawful manufacturing, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be talcen against employees for violations of such proh ibition. lnforrn employees about the dangers of drug abuse in the work place, tlre business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. Cive each employee engaged in providing the contractual services that are Lrnder bid a copy of the statement specified in subsection (1). 4. ln the statement specified irr subsection (l), notify the employee tlrat, as a condition of working on the 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 irr tlre workplace no later than five (5) days after such conviction. 5. lmpose 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. lTHls spAcE TNTENTTONAILY LEFT BLANKI 2 3 RFP201 1-05 Pressure Cleaning Services Page 40 of 6l Exhibit A FORM 7 DRUG.FREE WORKPLACE (CONTINUED) 6, Make a good faith effort to continue to maintain a drug-free worl<place through implementation of this section. As the person autlrorized to sign the statement, I certify that this contractor cornplies fully with the above requirements. Signature (Blue ink only) (CORPORATE SEAL) Print Name Title Date STATE OF FLORIDA COUNTY OF BROWARD ) The foregoing instrument was aclcnowledged before me this .- day of , 2011, by foras Personally known to me OR has produced ldentification _--_, type of identification produced My Commission Expires: NOTARY PUBLIC RFP201 1-05 Pressu.e Cleaning Services Page41 of6t Exhibit A FORM B ACKNOWTEDGMENT OF ADDEN DA The CONTRACTOR hereby acknowledges the receipt of the following addenda issued by the ClTy and incorporated into and made part of this RFP. ln the everrt the CONTRACTOR fails to include any such addenda in the table below, submission of this form slrall constitute acknowledgment of receipt of all addenda, whether or not received by him/her. [rHrs sPAcE tNTENT|ONALLY LEFT BLANK] ADDENDUM NUMBER DATE RECEIVED PRINT NAME TITLE SICNATURE (BLUE INK ONLY) RFP201 1-05 Pressure Cleaning Seruices PaEe 42 ol 61 Exhibit A FORM 9 INDEPENDENCE AFFI DAVIT The undersigned individuar, being duiy sworn, deposes and says that: 1. He/She is the CONTRACTOR that has submitted the attached proposal; 2' a' Below is a list and description of any relationships, professional, financial orotherwise that CONTRACTOR tay haue with the ctry, lts elected or appointed officials, itsemployees or agents or any of its agencies or component units for the past five (5) years. b' Additionally, the CONTRACTOR agrees and undersrands that proposer shal givethe clrY written notice of any other relatiJnships professional, financial or otherwise thatcoNTRACTOR enters into with the CITY, its elected or appointed officials, its employeesor agents or any of its agencies or component units during t'he period of this igreement. (lf paragraph 2(a) above does not apply, please indicate by stating, ,,not applicable,,in the spacebelow.) lTHts spAcE INTENTtONAtty LEFT BLANKI of RFP20l l-05 Pressure Cleaning Services Page 43 ol 61 3 Exhibit A FORM 9 I NDEPENDENCE ATFI DAVIT (CONTINUED) I have attached an additional page to this form explaining why such relationships do not constitute a conflict of interest relative to performing the services sought ir"r the RFP' Signature (Blue ink onlY) (CORPORATE SEAL) Print Name Title Date STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me this - day of 201 1, by as for Personally known to me - OR has produced ldentification -, type of identification produced My Commission Expires: NOTARY PUBLIC RFP201 1-05 Pressure Cleaning Services Page 44 of 6 I 2 3 4 Exhibit A cERn FtcAlo N r#:fri-t^cy oF pRoposAr CONTRACTOR, by executing this Form, hereby certifies and attests that all Fornrs, Affidavits anddocuments related thereto that it has enciosed inthe eropoial in support of its proposal are true andacc.urate' Failure by the CONTRACToR to attest to the truth and accuracy oirr.tr ionns, Affidavitsand documents shall result in the Proposal being deemed non-r"rponrive and such proposal willnot be considered. The undersigned individual, being dury sworn, deposes and says trrat: 1. He/She is of theCONTRACTOR that has sub mitted the attached proposal; He/She is fully informed respecting the preparation and contents of the attactred proposal andof all Forms, Affidavits and documents submittecl in support of such proposal; All Forms, Affidavits ancl documents submitted in support of this proposal and included in thisProposal are true and accurate; No information that should have been included in such Forms, Affidavits and documents hasbeen omitted; and lTHts spAcE tNTENT|ONAtLy IEFT BtANKI RFP201 1-05 Pressure Cleaning Seruices Page 45 of 61 Exhibit A FORM 10 CERTIFICATION TO ACCURACY OF PROPOSAL (CONTINUED) 5. No information that is included in such Forrns, Affidavits or documents is false or misleading, Signature (Blue ink only) (CORPORATE SEAL) Print Name Title Date STATE OF FLORIDA COUNTY OF BROWARD Theforegoinginstrumentwasacknowledgedbeforemetlris-duyof-,2011, by foras Personally lcnown to me OR has produced ldentification , type of identification produced My Commission Expires NOTARY PUBLIC RFP20l l-05 Pressure Cleaning Services Page 46 of 61 Exhibit A roRM 11 PROPOSAT SECURITY All proposals shall be accompanied by a Proposal Security in the form of a bond issued by the Surety authorized to transact business in the State of Florida, having a resident agent in tlre State of Florida, in full accordance with the qualifications set forth in Section 2.6 of the RFP, or in the alternative, a cashier's check drawn on a bank authorized to do business in Florida, payable to the City of Weston. The amount of the proposal security shall be ten thousand dollars ($10,000.00). ATTACH CASHIER'S CHECK OR PROPOSAL BOND HERE RFPz01 l-05 Pressure Cleaning Services Page47 of 61 Exhibit A "A" FORM 12 THE CITY OF WESTON PRESSURE CLEANING SERVICES - RfP No. 2011-05 SETECTION COMMITTEE RANKING SAMPTE '8"ilcrl Signature uDtr coNTRAqTOR Evaluation Criteria 1. Contractor's Qualifications 2, Contractor's Experience 3, Qualifications of Key Ernployees 4. Equipment 5. Cost to the City TOTAT FINAT RANKING Selection Committee Member Date RFP201 t-05 Pressure Cleaning Services Page 48 of 61 Exhibit A SECTION 6 - AGREEMENT The agreement located in this Sectiorr of the RFP for Pressure Cleaning Services is the form of the agreement that will be utilized with the successful CONTRACTOR. Tlre CITY reserves the right to award or not to award the Agreement in the best interests of the CITY. lTHrs sPAcE TNTENTTONAL[y |-EFT BLANK] RFP20l 1-05 Pressure Cleaning Services Page 49 of 61 Exhibit A ACREEMENT BETWEEN THE CITY OF WESTON AND FOR PRESSURE CTEANI NG SERVICES RFP NO. 2011-05 This Agreement, is made and entered into the day of 201 1 by and between the City of Weston, a Florida municipal corporation ("CITY"), and ("CONTRACTOR") for Pressure Cleaning Services ("Agreement"). References in this Agreement to "City Manager" shall be meant to include his designee. WITNESSETH WHEREAS, the CITY, solicited proposals from contractors to perform Pressure Cleaning Services; and WHEREAS, Proposals were evaluated and ranked by a Selection Committee; and WHEREAS, the City Commission has selected the CONTRACTOR r-rpon the recommendation of the Selection Comnrittee to perform Pressure Cleaning Services; and WHEREAS, on _, the CITY enacted Resolution No. _, which ratifiecltherank@eaningServicesandauthorizedtheappropriatecity officials to execute an agreement with the number one ranked contractor and WHEREAS, CITY and CONTRACTOR clesire to enter into an Agreement whereby the duties and obligations each to the other are set forth. IN CONSIDERATION OF THE MUTUAL COVENANTS AND CONDITIONS HEREIN EXPRESSED AND THE FAITHFUL PERFORMANCE OF ALL SUCH COVENANTS AND CONDITIONS, THE PARTIES ACREE AS FOLLOWS: RFP20l l-05 Pressure Cleaning Services Page 50 of 61 Exhibit A ("RFP"), attached hereto and made a part hereof, asExhibit "A" and the CONT RACTOR 'S Proposal, attached hereto and made a pafthereof, as Exhibit',8', SECTION3. COMPENSATION 3.1 3.2 SECTION 1. SCOPE OF SERVICES l'1 The CONTRACTOR must meet the requirements and perfornr the services iderrtifiedin the Request for Proposals for Pressure Cleaning Services dated 1.2 sEcTroN 2. 2.1 ", 't CoNTRACTOR agrees and acknowledges that CONTRACTOR is prolribited fromexempting provisions of the RFp or in this Agreement in any of coNTRACToR,s services pursuant to this Agreement. TERM The term of this Agreement shall begin on the date it is fully executed by bot6parties and shall extend until March 31,2O15. After the initial term, the Contract may be extended for two (2) additional three (3) year periods by mutual agreement of the parties. The parties lrereto may extend thisAgreement by mutual consent, in writing, prior to the expiration of the currentterm. This provision in no way rimits either party,s right to terminate thisAgreement at any time during the initial term or any extension thereof, pursuant toSectiorr 4 of this Agreement. The amount of compensation payable by the clTY to coNTRACToR shall be basedupon the prices as set iorth in Exhibit "C", attached hereto and made a part f-,"ruoiwhich amount shalt be accepted by CONTRACTOR as full compensation for allsuch work performed. under this Agreement. lt is acknowledgei ana "grued bfCONTRACTOR that these amounts are the maximum payable and con*stitute alimitation upon CITY'S obligation to compensate CoNTRACTOR for its servicesrelated to this Agreement. This maximum amount, however, does not constitute alimitation of any sort, upon coNTRAcroR,s obligation to perform all items ofworl< required by or whiclr can be reasonably inferreJ from the scope of Services, coNTRAcroR may submit an invoice for cornpensation, developed and agreed .uoon !v the city Manager and GoNTRACTOR, no more often than on , *o"ntntfbasis,.but only after the services for which the invoices are submitted have beencompleted. lnvoices shall designate the nature of tlre services performed and shallalso show a summary of fees with accrual of the total and .r.dit, for portions f"iJpreviously, and shall allocate the birting costs to the appropriate fund orcombination of funds' Each statement shall-show the proportion of the guaranteed maximum payment that has been expended through previous billings. RFP20l l-05 Pressure Cleaning Services Page 51 of 61 Exhibit A Notwithstanding any provision of this Agreement to the contrary, City Manager, may withhold, in whole or in part, payment to the extent necessaq/ to protect itself from loss on account of inadequate or defective worl< which has rrot been remedied or resolved in a manner satisfactory to City Manager, Tlre amount withheld shall not be subject to payment of interest by CITY, Payment shall be made to CONTRACTOR in accordance with the Local Government Prompt Payment Act as stipulated in Part Vll of Chapter 218, FL Statutes, by check, Electronic Funds Transfer (EFT), E-Pay or P-Card as determined by the CITY in its sole discretion. CONTRACTOR agrees to keep suclr records and accounts as may be necessary in order to record complete and correct entries as to personnel hours charged for whiclr CONTRACTOR receives reimbursement for a period of at least three (3) years after completion of the work provided for in this Agreement, Such books and records shall be available at all reasonable times for examination and audit by CITY. lf it should becotne necessary for CITY to request CONTRACTOR to render any additional selvices to either supplement the services described in the RFP or to perform aclditional work, such additional work shall be perforrned only if set forth in an addendr.rm to this Agreement. Any such additional work agreed to by both parties shall be by mutual agreement of both parties and negotiated as to price. On April 1, 2013 and on April 1 of each subsequent year, all fees described in the Agreement and Exhibit hereto shall be increased by an amount equal to the C6nsumer Price lndex ("CPl') increase, as measured by the nearest geographical index, unless both parties mutually agree in writing to an alternative arrangement. SECTION 4. TERMINATION 4,1 4.2 4.3 3.3 3,4 3.5 3.6 3.7 This Agreer"nent may be terminated by the City Manager upon 24 hours notice as tlre City Manager deems appropriate. This Agreement may be ternrinated for cause by the CONTRACTOR if the CITY is in breach and has not corrected the breach within sixty (60) days after written notice frorn the CONTRACTOR identifying the breach. Notice of termination shall be provided in accordance witlr the "NOTICES" section of this Agreement except that notice of termination by City Manager which City Manager deenrs necessary to protect the public lrealth, safety or welfare may be verbal notice whiclr shall be promptly confirmed in writing in accordance with tlre "NOTICES" section of this Agreement. ln tlre event this Agreement is termirrated for convenience, CONTRACTOR shall be paid for any services performed to the date the Agreement is terminated; however, upon being rrotified of CITY'5 election to terminate, CONTRACTOR shall refrain from performing further services or incurring additional expenses under the terms of RFP20l l-05 Pressure Cleaning Services Page 52 of 61 Exhibit A this Agreement. coNTRACToR acknowledges and agrees that Terr Dollars ($10.00) of the compensation to be paid by clrY, the adequacy of which is hereby acknowledged by coNTRACToR, is given as specific consideration to coNTRACToR for clrY's right to terminate this Agreement for convenience. 4,4 ln the event this Agreement is terminated, arry compensation payable by CITY shall be withheld until all documents are provided to CttV pursuantto SectionT.t of tlris Agreement. ln no eveni shall the clrY be liable to CoNTRACTOR for arry additional compensation, other tlrarr provided herein, or for any cot'lsequential or incidental damages. SECTION 5. I NDEMNIFICATION CONTRACTOR shall indemnify, hold harmless and, at CITY's option, pay for an attorney selected by the CITY, to defend the CITY, Weiss Serota Helfman Pastoriza Cole & Boniske, P.L.; Calvin, Ciordano & Associates; and Municipal Technologies, LLC, and any of its officers, agents, servants and employees from and against any and all liability, suits, actions, damages, costs, losses and expenses, including attorneys'fees, demands and claims for personal injury, bodily injury, sickness, diseases or death or damage or destruction of tangible property, arising out of any errors/ omissions, misconduct or negligent acts, errors or omissions of CONTRACTOR, its officials, agents, employees or subcontractors in the performance of the services of CoNTRACTOR under this Agreement, whether direct or indirect and from and against any orders, judgmenis, or decrees which may be entered thereon and from and against all costs, damages of every kind and nature, attorneys'fees, expenses and liabilities incurred in and about the defense of any suclr claim and investigation thereof, CONTRACTOR shall indemnify, hold harmless and, at CITY's option, pay for an attorney selected by the CITY, to defend the CITY, Weiss Serota Hetfman Pastoriza Cole & Boniske, P.L.; Calvin, Ciordano & Associates; and Municipal Technologies, LLC, and any of its officers/ agents, servants and employees from and against any and all liability, suits, actions, damages, costs, losses and expenses, including attorneys'fees, demands and claims sought by third parties related to any alleged breach of any non-cornpetition of similar provisions. s.3 CONTRACTOR shall indemnify CITY, Weiss Serota Helfman Pastoriza Cole & Boniske, P.L.; Calvin, Ciordano & Associates; and Municipal Technologies, LLC, and any of its officers, agents, servants and ernployees, for all loss, damage, expense or liability including, without limitation, court costs and attorneys'fees that may result by reason of any infringement or clainr of infringement by CONTRACfOR of any patent, trademark, copyright, trade secret or other proprietary right relating to services furnished pursuant to this Contract. CONTRACTOR will defend and/or settle at its own expense any action brought against the CITY any of its officers, agents, servants and employees, to the extent that it is based on a claim that products or services furnished to CITY by CONTRACTOR pursuant to this Contract, or if any portion of the services or goods related to the performance of the service become unusable as a result of arry such infringement or claim. 5.1 5.2 RFP201 1 -05 Pressure Cleaning Services Page 53 of 61 Exhibit A 5.4 CONTRACTOR acl<nowledges that specific consideration has been paid or will be paid under this Agreement for this hold harmtess and indemnification provision, and further agrees with tlre foregoing provisions of indemnity and with tlre collateral obligation of insuring said indernrrity. 5.5 The provisions of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by the City Manager and the City Attorney, any sums due CONTRACTOR under this Agreement nray be retairred by CITY until all of CITY's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by CITY. SECTION 5. INSURANCE ln order to insure the indemnification obligation contained above, CONTRACTOR slrall, as a minimum, provide, pay for, and rnaintain in force at all times during the term of this Agreement, the insurance coverages as set fortlr in the RFP. SECTION 7. MISCEI-LANEOUS 7.1 Ownership of Documents. Unless otherwise provided by law, any and all reports, surveys, and other data and documents provided or created in connection witlr this Agreement are and shall remain tlre property of CITY. ln tlre event of termination of this Agreenrent, any reports, plrotographs, surveys and other data and documents prepared by CONTRACTOR, whether finished or unfinished, shall becorne the property of CITY and shall be delivered by CONTRACTOR to the City Manager wjthin seven (7) days of termination of this Agreement by either party. Any compensation due to CONTRACTOR shall be withheld until all documents are received as provided herein, 7.2 Audit and Inspection Rights and Retention of Records. CITY shall have the right to audit the books, records and accounts of CONTRACTOR that are related to this Agreement. CONTRACTOR shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries related to tlris Agreement. CONTRACTOR shall preserue and make available, at reasonable times for examination and audit by CITY, all financiai records, supporting documents, statistical records, and any other documents pertinent to this Agreement for the required retention period of tlre Florida Public Records Act (Chapter 119, Florida Statutes), if applicable, or, if the Florida Public Records Act is not applicable, for a minimum period of three (3) years after termination of this Agreement, unless CONTRACTOR is notified in writing by CITY of the need to extend the retention period. Such retention of such records and documents shall be at CONTRACTOR'S expense. lf any audit has been initiated and audit findings lrave not been resolved at the end of the retention period or three (3) years, whichever is longer, tlre books, records, and accounts slrall be retained until resolution of the audit firrdings, lf the Florida Public Records Act is determined by CITY to be applicable to CONTRAC"IOR'S records, CONTRACTOR shall comply with all requirements RFP20 1 1 -05 Pressure Cleaning Services Page 54 of 61 7.3 Exhibit A thereof; however, no confiderrtialiry or non-disclosure requirement of either federal or state law shall be violated by CONTRACTOR. Any incomplete or incorrect entry in such bool<s, records, and accounts shall be a basis for CITY'S disallowance and recovery of any payment upon such entry. ln addition, CONTRACTOR shall respond to the reasonabte inqLriries of successor CONTRACToRS and allow successor CoNTRACTORS to receive working papers relating to matters of continuing significance. ln addition, coNTRAcroR slrall provide a complete copy of all working papers to the ClrY, prior to final payment by the clrY, in accordance witlr the RFP for CONTRACTOR services. Policy of Non Discrimination. CONTRACTOR slrall not discriminate against any person in its operations, activities or delivery of services under this Agreement. CONTRACTOR shall affirmatively comply with all applicable provisions of federal, state and local equal employment laws and shall not engage in or commit any discriminatory practice against any person based on race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation or any other factor which cannot be lawfully used as a basis for service delivery. Public Entity Crime Act, CONTRACTOR represents that the execution of this agreenrent will not violate the Public Errtity Crime Act (Section 287.133, Florida Statutes), which essentially provides that a person or affiliate who is a contractor. consultant or other provider and who has been placed on the convicted vendor list following a conviction for a Public Entity Crime may not submit a bid on a contract to provide any goods or seryices to CITY, may not submit a bid on a contract with CITY for tlre construction or repair of a public building or public work, may not subnrit bids on leases of real property to CITY, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a coniract with CITY, and may not transact any business with CITY in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of thirty six (35) months from the date of being placed on the convicted vendor list. Violation of this section shall result in termination of this Agreement and recovery of all rnonies paid hereto, and may result in debarment from ClrY's competitive procurement activities. ln addition to the foregoing, coNTRACTOR further represents that there has been no determination, based on an audit, that it cornmitted an act defined by Section 287.133, Floricla Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONTRACTOR has been placed on the convicted vendor list. By submitting a response to this RFP, Proposer certifies that it is qualified under Section 287.133, Florida Statutes, to provide the services set forth in this RFP. lndependent Contractor. CONTRACTOR is an irrdependent contractor under this Agreement. Services provided by CONTRACTOR pursuant to this Agreement shall be subject to the supervision of CONTRACTOR, ln providing such services, neither 7.4 7.5 RFP20l l-05 Pressure Cleaning Services Page 55 of 6 l 7.6 Exhibit A CONTRACTOR nor its agents shall act as officers, employees or agents of the CITY. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to services rendered under this Agreement shall be those of coNTRAcToR. This Agreement shall not constitute or make the parlies a partnership or joint venture. Third Party Beneficiaries. Neither CONTRACTOR nor CITY intends to directly or substantially benefit a third party by this Agreement. Therefore, the parties agree tlrat there are no third party beneficiaries to this Agreernent and that no third party shall be entitled to assert a claim against either of them. Based upon tlris Agreement the parties expressly acknowledge that it is not their intent to create any rights or obligations in any tlrird person or entity under tlris Agreement. Notices. Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail postage prepaid return recelpt requested or by harrd delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: ClTY:John R. Flint, City Manager Weston City Hall 17200 Royal Palm Boulevard Weston, Florida 33326 With a copy to: Jamie Alan Cole, Esq. City Attorney Weiss Serota Helfman Pastoriza Cole & Boniske, P.L. 200 East Broward Boulevard, Suite '1900 Fort Lauderdale, Florida 33301 RFP201 1-05 Pressure Cleaning Services Page 56 of 61 7.8 7.9 Exhibit A CONTRACTOR Assignment and Performance, Neither this Agreement nor any interest herein shall be assigned, transferred, or encumbered by CONTRACTOR, except witlr the prior approval of the City Manager, which slrall be in lris sole and absolute discretion. ln addition, CONTRACTOR shall not subcontract any portion of the work requirecl by tlris Agreement, except with the prior approval of the city Manager, which shall bein his sole and absolute discretion. A list of all such subcontractors shall be included in tlre Proposal. lf additional subcontractors are to be used cluring tlre term of this Agreenrent, other than those submitted in the Proposal, a lisi of sucfi subcontractors shall be provided to the City Manager, subject to his approval. CONTRACTOR represents tlrat all persons delivering the services required by this Agreement have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform the duties, obligations, and seryices set forth in the RFP and to provide and perform suclr services to CITY'S satlsfaction for the agreed compensation. CONTRACTOR shall perfornr its duties, obligations and services uncler this Agreement in a skjllful and respectable manner. Conflicts. Neither coNTRACToR nor its employees shall have or lrold any continuing or frequently recurring employment or contractual relationship that is substantially antagonistic or incompatible with coNTRACTOR,s loyal and conscientious exercise of judgment related to its performance under this Agreernent. CONTRACTOR agrees that norre of its officers or employees shall, during the termof this Agreement, serve as an expert witness against clry in any fegaf or administrative proceeding in which he or she is not a party, unless conrpelled by colrrt process. Further, CONTRACTOR agrees that such persons shall not give sworn testimony or jssue a report or writing, as an expressiorr of his or her expert opinion, which is adverse or prejudicial to the interests of CITY in connection witl-r any such pending or threatened legal or administrative proceeding. The limitations of this section shall not preclude CONTRACTOR or any otlier persons fronr representing themselves in any action or in any adnrinistrative or legai proceeding. ln the event CONTRACTOR is permitted to utilize subcontractors to perforrn any sewices required by this Agreement, CONTRACTOR agrees to prohibit such subcontractors, by written contract, from having any conflicts within the meaning of this section. RFP20l 1-05 Pressure Cleaning Services Page 57 of 6l Exhibit A 7.10 Contingency Fee. CONTRACTOR warrants that it lras not enrployed or retained any company or person, other than a bona fide employee working solely for CONTRACTOR, to solicit or secure this Agreement and tlrat it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee workirrg solely for CONTRACTOR, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. Fora breach orviolation of this provision, CITY shall have the right to terminate this Agreement without liability and, at its discretion, to deduct from the Agreement price or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. 7.11 Materiality and Waiver of Breach. CITY and CONTRACTOR agree that each requirement, duty, and obligation set fortlr herein is substantiaI and importarri to the formation of this Agreement and, therefore, is a material term hereof. CITY'S failure to errforce any provisiorr of this Agreement shall not be deerned a waiver of such provision or modification of this Agreement. A waiver of any breaclr of a provision of this Agreement shall not be deerned a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 7.12 Compliance with Laws. CONTRACTOR shall comply with all federal, state, and local laws, codes, ordinances, rules, and regulations in perfornring its duties, responsibilities, and obligatiorrs pursuant to this Agreernent. 7.13 Severance. ln the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions slrall continue to be effective unless CITY or CONTRACTOR elects to terminate this Agreement. An election to terminate this Agreement based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 7."J4 foint Preparation. The parties acknowledge that tlrey have sought and received whatever competent advice and counsel as was necessary for them to fornr a full and complete understanding of all rights and obligations hereirr and that the preparatlon of this Agreement has been their joint effort. The language agreed to expresses fheir mutual intent and the resulting document shall not, solely as a nratter of judicial construction, be construed more severely against one of the parties than the other. 7.15 Priority of Provisions. lf there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to hereirr, or any document incorporated into this Agreement by reference atrd a term, statement, requirement, or provision of this Agreement, the term, statement, requirement, or provision contained in Articles 1 through 7 of this Agreement shall prevail and be given effect. 7,16 Applicable Law and Venue; Attorneys Fees and Costs. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. The parties submit to the .lurisdiction of any Florida state or federal court in any action or proceeding arisirrg out of, or relating to, this Agreement. Venue of any action to enforce this Agreement shall be in Broward County, Florida. The RFP2OI l-05 Pressure Cleaning Services Page 58 of 61 Exhibit A parties expressly waive all rights to trial by jury for any disputes arisirrg from or in any way connected with this Agreement. The parties understand and agree thatthis waiver is a material contract term. This agreement is not subject to arbitration. lf any party is required to enforce the terms of tlris Agreement by court proceedirrgs or otherwise, whether or not formal legal action is required, each party shall pay its own attorney's fees arrd costs. 7.17 Amendrnents. No nrodification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as tlris Agreement. 7.18 Prior Agreements. This Agreement and its affachments constitute the entire agreement between CONTRACTOR and CITY, and this document incorporates and includes all prior negotiations/ correspondence, conversations/ agreerrents, ancl understandings applicable to tlre matters contained lrerein and tlre parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement tltat are not contained in this document. Accordingly, the parties agree that no deviation from tJre terms hereof shall be predicated upon any prior represerrtations or agreements, whether oral or written. lt is further agreed that no modification, amendment or alteration in the terms or conditions contained here shall be effective unless setforth in writing in accordance with Section 7.17 above. 7'19 Drug-Free Workplace. CONTRACTOR shall maintain a drug-free workplace. 7.20 lncorporation by Reference. The truth and accuracy of each "Whereas" clause set forth above is aclcnowledged by the parties. The attached fxhibits are incorporated hereto and made a part of this Agreement. 7.21 Multiple originats. This Agreement may be fully executed in two (2) copies by all partles each of which, bearing original signatures, shall have the force and effect of an original document. 7.22 Headings. Headings are for corrvenience of reference only and shall not be considered in any interpretation of this Agreement. 7.23 Binding Authority. Each person signing this Agreement on behalf of elther party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party witlr respect to all provisions contained in this Agreement. 7.24 Public Records. CONTRACTOR understands that the public shall have access, at alI reasonable times, to all documents and information pertaining to CITY contracts, subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow access by the CITY and the public to all documents subject to disclosures under applicable law. CONTRACTOR'S failure or refusal to comply with the provisions of this section shall result in the immediate cancellation of this Agreement by the ClW. RFP20l 1-05 Pressure Cleaning Services Page 59 of 61 7.25 7.26 7.27 7.28 Exhibit A Survival of Provisions. Any terms or conditions of this Agreement that require acts beyond the date of its termination shall survive the termination of this Agreement, shall remain in full force and effect unless and until the terms of conditions are completed, and shall be fully enforceable by either party. Truth-in-Negotiation Certificate. Srgnature of rhis Agreement by CoNTRACTOR shall act as the execution of a truth-in-negotiation certificate stating that wage rates and other factual unit costs supporting the cornpensation of this Agreement are accurate, complete, and current at the time of contracting. Non-Appropriation of Funds. ln the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal year for payments due under this Agreement, then the City, upon written notice to Contractor of such occurrence, shall have the unqualified right to terminate this Agreement without any penalty or expense to the City. Default, ln the event of a default by the CONTRACTOR, rhe coNTRACToR shall be liable for all damages resulting from the default. The CITY may take advantage of each and every remedy specifically existing at law or in equity. Each and every remedy shall be in addition to every other remedy specifically given or otherwise existing and may be exercised from time to time as often and in such order as may be deemed expedient by the CITY. The exercise or the beginning of the exercise of one remedy shali not be deemed to be a waiver of the riglrt to exercise any other remedy. The CITY's rights and remedies as set forth in this Agreement are not exclusive and are in addition to any other rights and remedies available to the CITY in law or in equity. ITHIS SPACE INTENTIONALLY LEFT BLANKI RFP20l l-05 Pressure Cleaning Services Page 60 of 61 Exhibit A AGREEMENT BETWEEN THE CtTy OF WESTON, AND PRESSURE CLEANING SERVICES. Approved as to form and tegality for the use of and reliance by the City of Weston only: By' Jamie Alan Cole, City Attorney FOR lN WITNESS WHEREOF, the parfies hereto have made and executed this Agreement on the tespective dates undereach signature: City of Weston through its City Commlssion, signing by and through its Mayor, authorized to execute same by Commission action on the day of 201 1; and authorized to execute same, through its CITY OF WESTON, through its City Commission ATTEST:Byt Eric M, Hersh, Mayor day of 201 1 Patricia A. Bates, CMC, City Clerk Byr John R. Flint, City Manager day of 241 1 (CITY SEAL) day of WITNESSES: 201'I CONTRACTOR, By TITLE Print Name Print Name day of 2411 Print Name RFP201 1-05 Pressure Cleaning Services (CORPORATE SEAI) Page 61 of 6'l Exhibit A CHAPTER 3 - CONTRACTOR'S PROPOSAL RFP No. 2011-005 Request for Proposals for Pressure Clearri ng Services Published Septettrber 26 and October 3,2o11 CHAPTER 1 Exhibit A CONTENTS Letter of Intent Statement of Organization: Form X 2011 Corporation Annual Report State of Florida Certification Broward County Business Tax Receipt City of Dania Beach Business Tax Recelpt Persorinel: Form 2 Equipmenfi Form 3 Experience/References: Form 4 Pricing: Form 5 Financial Stability: Accountant's Letter Financial Statements/Tax Returns: 2010 Financial Statement 2O1O Federal Tax Return 2009 Financlal Statement 2009 Federal Tax Return Litigation History: Bel Air Statement Insurance: BelAir Certificates of lnsurance Crlmlnal Convictions: Bel Air Statement Non-Collusion Certification: Form 5 Drug-free Workplace: Form 7 Addenda: FormS lndependence Affldavlf Form 9 Certification to Accurary of Proposal: Form 10 CFIAPTER 2 T t o ! d E I I r ! t a 2c 3c t 2- 2d 2e 2f 2E 3- 4 6 7 CHAPTER 3 5-5a 8- 13 L4-2L 22-27 28-35 36 37 -?7a 38 39 - 39a 40-AOa 4t 42-42a 4?-43a 44 ! I ! I CHAPTER 4 3 I I I CHAPTER 5 a Proposal Security: Form 11 FORM 12 - ELECTION COMMITTEE RANKING 45 Exhibit A CHAPTER 1 r Letter of lntent r Staternent of Organization: Form 1 r zALt Corporation Annual Report . State of Florida Certification r Broward County Business Tax Receipt I City of Dania Beach Business Tax Receipt r Personnel: Form 2 ' Equipment: Form 3 r Experience/References: Form 4 L 2d 2e 2t 2g 2-Zc 5-5a 3-3c 4 P.O. Box 266284 lVeston, FL 33326-6284 Phone: 954-749-2429 Fax: 954-925-4648 October 25,-201r City of Weston 17200 Royal Palm Eoulevard lVeston, FL 33326 R-E; RFP No. 2011-05 - Pressure Cteaning Services To Whom if lVlay Concern: We respectfully submit, for your consi<leration, our proposal herewith. Strirl proposal shall remain valid nntil JarnuarT ZSr20lZ. Documentation provided herervith shall conlirm that rve meet all qualifications set forth. Furfher, we acknowledge and agree to abitle try all conditions an<l terms as set forth.ryithin referenced RFP. We have been providing various services to the lVeston for thc past l0 years antl look I'orrvard to continue selvicing your needs in the future. Thank you for your consideration. Sincerely, BEI, AIR MAINTENANCE, INC. ^,9/n, C3-. .I:rson Laryrence, Vice President JI,Nd BEL AIR "KEEPING YOUR CTY CTE.AN AND GREEN" t Exhibit A FORM 1 CONTRACTOR'S STATEMENT OF ORGANIZATION L.Full Name of Contractor: Bel Air Maintenance, lnc. Principal Business Address, Phone and Fax Numbers: 2648 Griffin Road Dania Beach, FL 33312-5935 Phoner 954-749-2429 Fax: 954-925-4tr8 2. Principal Contact Person(s): Jason Lawrence Chad Lawrence 3. Form of Contractor (Corporation, Partnership, Joint Venture, Other) Corporation 4.Provide names of partners or officers as appropriate and indicate if the individual has the authority to sign in name of Contractor. Provide proof of the ability of the individuals so named to legally bind the Contractor. Page 2d -z0tlCorporate Annual Report (denotes corporate officers/titlesl Page 2e - State of Florida (certification of service and incorporation| Narne Address Title Jason tawrence 1298 SW 3(hh Avenue,Fort tauderdale, FL 33312 Vice President (authorizedl Chad Lawrence 1314 SE lst Street,Fort Lauderdale, FL 33301 President (authorized) lf a corporation, in what state incorporated :Florida RFP2011'05 Pressure Cleaning Services (Page 29 of 61) -2- 8. 9. 10 Exhibit A County or Municipal Business Tax Receipt No. #125-22147 - Page 2f {County: Cleaningfianitoriat) #12-0000594A1259 - Page 2g (City: CommericalJanitorial) {Attach Copy) SocialSecurity or Federal lD No Fed lD No.65-1037476 List states and categories in which your organization is legally qualified to do business lndicate registration or license numbers, if applicable. List states in which partnership or trade name is filed. Florida - Document # P00000084879 2d IReeistratiol/lig.glHg number not, 3pp!!cable) Have you ever failed to complete any work awarded to you? lf so, note when, where and why. Yes NoX no response is required 11.Within the last five years, has any officer or partner of your organization ever been an officer or partner of another organization that failed to complete a contract? Yes_NoX lf yes, attach a separate sheet of explanation. 12. Within the last five years, have you ever had a performance, payment or bid bond called? Yes_NoX lf yes, attach a separate sheet of explanation. RFP2011-05 Pressure Cleaning Services (page 31 of 61) -2b- Current Principal Place of Business: 264S GRIFFIN ROAD Fbi{r-lniioHRDALE, FL 333125s35 us 2011 FOR PR OFIT CORPORATION AN NUAL REPORT DOCU MENT# P00000084879 Entity Name: BELAIR MAINTENANCE' INC' FILED Aor 23. 2011 Secr'etaryof State New Principal Place of Busi[ess: 2648 GRIFFIN ROAD DCruuteencn; FL 33312 us New Mailing Address: P.O.BOX266284 WESTON, FL 33326 US FEt Numb.r Nol Appllcablc ( I Certiflca{o ol Status Dosircd t ) Name and Address of New Registered Agent: LAWRENCE, JASONAVP 2648 GRIFFIN ROAD DANIA BEACH, FL 33312 US Current Malling Address: P.O. BOX 266284 WESTON, FL 333266284 US FEI ttumbon 65-{037476 FEI Numbcr Applied For ( ) Nama and Address of Current Registered Agent: LAWRENCE, JASON A 826 NW 1OTH AVE onNtA gEAcFl, FL 330042346 us The above named entity submiF lhis statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: JASON LAWRENCE o4t23ln11 OFFICERS AND DIRECTORS: litle: Name: Address: Citlsl-zP; Tllle: Name: Address: City-St-Zip: P LAWRENCE, CFNO E P 2648 GRIFFIN ROAD DANIA BEACH, FL 33312US VP TAWRENCE, JASONAVP M48 GRIFFIN ROAD DAI.IIA BEACH, FL 33312 US t hereby certify that the information indicated o-n this report or supplementgl-leport is true and accurate and that mv electronic sionature sha, have rhe same regat effect as ir maoe iriddioatiri inal 1gn1an.5rii6i iiioiiector orine corporation br the receiver oitrustee empowsred to execute this repoft "r,r"Cuir6eil CnipGl6oT, Fiorida Statutes; and that my name appears above' or on an attachment with all other like empowereo' 04t23t2011 srG ectronic nature Officer or 2d- VP DateNATURE: JASON I-AWRENCE BROWARD GOUNTY LOGAL BUSINESS TAX RECEIPT t 15 S. Andrews Ave., Rm..A-100. Ft. Lauderdate, FL 33301-i89S - 954-831-4000' vALtD OCTOBER 1,2OL! THROUGH SEPTEMBER 30,2012 DBA: Business Name:BEL AIR MAINTENANCE INC Owner Neme: c{AD LAWRENCE Business Location: 2648 GRIFFIN RD FT IIAUDERDALE Business PhonE: 954 -7 49 -2429 THIS BECOMES A TAX RECEIPT WHEN VALIDATED Mailing Address: CHAD LAWRENCE Po Box 266284 wEsToN, FL 33326 ReceiPt #=l!!-zz1a.t Business fyne: liffirNG/irANrroRrAr'' Business Opened:03 / ot / zooL State/Cou nty/Cert/Reg : ExemPtion g66t'NoNExEMPT This tax is levied for the privilege of doing business witrin Broward County and is non+ogulatory in nature, You rnust meet all County and/or Municipality planning and zoning reguiremonts. This BusinEss Tax Receipt must bE transfened when the business is sold. business name has changed or you have moved the buginess location. This receipt does not indicate that the business is legal or that it is in compliance with State or local laws anct regulations. (.TANI Roorng Seats Employees Machlnes Prot€sslonals THIS RECEIPT MUST BE POSTED CONSPICUOUSLY IN YOUR PLACE OF BUSINESS 5 Recelpe #138-10-00007995 PaLdA9/29/2olt 33.00 2011 - 20L2 For Vendlng Srrsinotr Only Number of l[achlnes:Vendlng Type: Tax Amount Transfer Fee NSF Fee Penalty Prior Yoars Couedlon Cost Tolal Paid 33 .00 0.00 0. 00 0 .00 0. 00 0 ,00 33.O0 2t Exhibit A FORM 2 PERSONNEL For all principals of the CONTRACIOR and key personnel providing services sought in the RFP provide a detailed resume indicating that individual's areas of expertise and experience. Resumes must be provided in the following format, however, additional information may be provided at the option of the coNTRAcToR. Name and Title: Jason lawrence, Vice President Years Experience with: This Contractor: Eleven (11) years: 2000 to present With Other Similar Contractors: Ten (10) yeani: 1990 - 2000 - Bel Air Cleaning Education: South Broward High School Broward CommunltY College Degree(s) No Year/Specialization notapplicable Professional References: (List a minimum of 3) Atlantis Management Services: Troy Modlin, Propefi Manager (9541 605'5484 Castle Managiment Group: Rey Nunez, Property Manager {954} 990-3633 Runway Growerc, lnc.: Rusty Hayes, President (954) 584'0269 Other Relevant Experience and Qualifications Twenty one (211years pressure cleaning experience in Weston MOT Safety Training Certification (See Page 3a) List specifically the number of crew that will be assigned to provide services, if awarded the Agreement, and identifo their respective tasks. Five: (11 supervisor/traffic safety monitor, (31 pressure cleaning techs, and (1) pressure cleaning/chlorine prespray tech Attach applicable licenses for each individual performing services pursuant to this Agreement. not applicable A. B c. D. b. E. F RFP2011-OS Pressure Cleaning Services (Page 33 of 61) -3- Exhibit A FORM 2 PERSONNET For all principals of the coNTRAcroR and key personnel providing services sought in the RFpprovide a detailed resume'indicating that individual's areas of expertise and experience. Resumes must be provided in the following format, however, additional information may be provided at theoption of the CONTRACTOR. Name and Title: Chad Lawrence, president Years Experience with: This Contractor: Eleven (11! years: 2fi)0 to present with other similar contractors: Ten {10) yearc: 1990 - 2000 - Bel Air cleaning Education: South Broward High School Broward Community,College Degree(s) No Year/Specialization notappllcabte D.Professional References: (List a minimum of 3) Atlantis Management services: Troy Modlln, property Manager (9541 605-54g4 castle Management Group: Rey Nunez, propefi'Manager (954) 990-3633 Runway Growerc, lnc:: Rusty Hayes, president (9541594-0269 Other Relevant Experience and eualifications Twenty one (21) years pressure cleanlng experience in Weston List specifically the number of crew that will be assigned to provide services, if awarded the Agreement, and identify their respective tasks. Five: {1) supervlsor/trafflc safety monltor, (3} pressure cleaning techs, and (11 pressure cleaning/chlorine prespray tech G.Attach applicable licenses for each individual performing services pursuant to this Agreement. not applicable A B c. E F. RFP2011-05 Pressure Cleaning Services (page 33 of 51) 3b Exhibit A FORM 3 EQUTPMENT LIST ln the space below, list the type and quantity of all equipment that will be utilized to complete this Project: RESSURE WASHER SKID UNITST 3500 PSI @ 8 GPM 24 HP HONDA/GEN PUMP WMI N 5OO GAL WATER TANKs (HVE) P 4 (FOUR) CHE MICAL PUMPS: SUREFLOW tzv 45 PSI @ 3.5 GPM MARKING INDUSTRIAL PRESSURE HOSE 45OO PSI2,200 FEET NON ER GUNS: 5000 PSICAPACITY6 (SrX)TRIGG SPEED SURFACE CLEANERS : WHISPER PRO PIATINUM SERIES 19 CIASSIC5 (SrX) HIGH lTRAILER MOU NTED ADVANCE WARNING ARROW PANEL 1 ADVANCE WARNING ARROW PANEL 100 CHANNELIZED DEVICES (CONES,BARRICADES,ETC.) 17 WARNING SIGNS WORK ZONE SIGN SUPPORTS10 12 CLASS 2 HIGH-VISIBILITY SAFETY APPAREL 5 SAFETY FLAGS 4 RFP2011-05 Pressure Cleaning Services (Page 34 of 61) Exhibit A FORM 4 REFERENCES The coNTRAcToR shall furnish references for providing, in Broward, Miami-Dade or palm Beach counties, pressure cleaning services for facilities of similar size and scope as the clry,s facilities. Use additional sheets if necessary. Name of Entity: Address: Citv of Weston t72OO Royal palm Boulevard L. Weston, FL 33326 Phone Number: 954-385,2000 Principal Contact Person(s): Note: per RFp E. - unable to provide Description of Service and price: pressure ctean sidewalks,curbs, gufters,monumgnts, city park facilities, etc. Current rate effective since 101O7: $ .08 psl5q 1. Year Contract ln itiated: Date of Completion or n/a and percentage lf cornpleted, percentage forces: not not icable - service provided as needed since 2002 if not completed yet, anticipated date of of project completed not applicable of the cost of the work performed with your own 12270 SW 3rd Street, Suite 200 completion: 2.Name of Entity: Address: Castle Ma Plantation, F[ 33325-2811 Phone Number: 954-tgZ-6O00 Ext g9g Principal Contact person(s): Rev Nunez Description of service and price: pressure clean sidewalks , curbing, monu ments, and buildings. Price varies per (Average annualsales amount - $138,616.) Year Contract lnitiated not applicable - seruice provided as needed since 2005 Date of completion or if not compreted yet, anticipated date n/! and percentage of project compreted not appricabre of completlon RFP2011.05 Pressure Cleaning Servlces (page 35 of 61) -5- Exhibit A CHAPTER 2 r Fricing: Form 5 r Financial Stability: Accountant's l-etter I Flnancial Statements/Tax Returns: zOtA Fi nanci a I Statement 2010 Federal Tax Return 2009 Financial Statement 2009 Federal Tax Return 6 7 8-13 L4-2L 22-27 28-35 Exhibit A FORM 5 PRICING (revised lO/L7hI) The coNTRACToR offers the following for providing all labor, materials, equipment, etcperform pressure cleaning services in accordance with the scope of work. 0.08 per square foot (with pre-spray algaecide treatment) 0.o7 per square foot (without pre-spray algaecide treatment) 80.00 minimum charge for areas less than 1,000 square feet ITHrS SPACE TNTENTTONAIrY IEFT BIANKI to s s s RFP2011-0S Pressure Cleaning Services (page 37 of 6X) -6- Exhibit A5naTax t492 East Brorvard BIvd Ft Lauderdale, FL 33301 Phone: (954) 749-2701 wrvrv.SnappyTax.comlYe :llillie'fct 'finrc..1 Strop 06/24n011 To Whom It May Concern: We have been the accountants for Bel Air Maintenance for the past ? years. We have reviewed the following financial reports for Bel Air Maintenance, Inc. as of December 31, 2010. These reports are the responsibility of the organization's management. Our responsibility is to express an opinion on these reports based on ow review. We conducted this review and created this report in accordance with generally accepted accounting practices. These practices require that we plan and perform the review to obtain reasonable assurance about whether the financial statements are free of material misstatement. A review includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial stat€ments. A review includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement position, We believe that our review provides a reasonable basis for our opinion. In our opinion, the financial statements refened to above present fairly, in all material respects, the financial position of Bel Air Maintenance, Inc. as of December 3 l, 20 l0 in conformity with generally accepted accounting principles. Sincerely, Benjamin Burke Senior Tax Practitioner & Adviser IRS PTIN# P00413627 IRS EFIN# POO4I3627 tRS CAF# 650600713R -7- Exhibit A Bel Air Maintenance, Inc. Balance Sheet As of December 31, 2010 Dec 10ASSETS Current Assets Checking/Savings Suntrust #SS2O (S1) DcAcct #7233 (SZ) OperaUng Account Petty Cash Acct Total Checking/Savings Accounts Receivable ,A/R (A/R) Total Accounts Receivable Other Current Assets Security/Related Deposits Misc/Other Deposits (Utilities) Otflce Rent & Security Deposit (Last Months Rent) Weston Commercial C-enter Total Security/Related Deposits DEPOSTTS (DEPOSTT) Iotal Other Current Assets Total CurrentAssets Fixed Assets Fixed Assets (MASTER AccouNT) Less Accum Depreciaflon loqRujer SVstem (Downtown Computer Services) Equip & Machinery (Job Related) #30L - 2002 SUCO TL - p/W (vIN 1 5900 10 262T3 03s74)#302 - 1999 ASPTTL_525GWT_CHLR (VrN NOVrN OZO-Oe'6orssl #303 . 2007 SUCO TL_P/W-CHLR (vrN 1 s9o0 L2 2s713 0374) #304 - 2008 pSI TL-Arrow Board (VIN 11003104) #30s - 2008 Water Dog (VIN L TXFJ LO 2XB1O 81090) Total Equtp & Machinery (Job Retated) Vehlcles #L0t - r99Z Ford F150 Whi pk (VrN Z FTDF 07 W9VCA 1481) #103 - 1993 Ford F4s0 TK Whr (VrN 2 FDLF 47 MgpCA 21049) 43,3L3.& 6,535.74 4,807.22 200.00 54,856.60 50,404.89 60,404.88 260.00 2,060,00 1,223.00 3,543.00 1,785.00 5,328.00 120,589.48 -131,789.00 4,048.99 7,834.00 7,350.00 9,875.00 6,580.00 12,051,00 43,690.00 2,500.00 4,500.00 -8- Exhibit A Bel Air Maintenance, Inc. Profit & Loss January through December 2010 lan - Dec 10 Ordinary Incorne/ExPense Income Other Income General Sales (Undefined) Sales lanitorial Service MonthlY Cleaning Total Janitorial Service Malntenance Senrice Inigation Seruice Grounds Maintenance Jan i tori a I - M a i ntenan ce F/C - Lawn & Pool Maintenance Maintenance & RePairs Total Malntenance Serulce Painting/Sealing Related Pressure Cleaning Watering Seryice Other Seruices Emergency & Water Damage Related Fl oor/CarPet Treatment Supplies Misc Other Services Total Other Services Residential Services Customer Discounts Sales'Other Totalsales Totallncome Cost of Goods Sold Misc Labor Supplies & Material Other Subcontractors Total COGS Gross Profit Expense Medical- Dental Professional Fees 00 00 25 0 137,143.50 137,143.50 10,213.91 32,400.16 150.00 13,030.00 715.00 56,509.07 32,000.00 404,560.06 93,732.7L 2.805.00 6,021.89 9,055.06 1,450.00 19,332.95 24,83o.oo -10,843.90 0.00 757,364.39 757,389.39 1,675.00 54,081.57 3,960.00 59,776.57 697,672,82 1,133.00 1,000.00 10 Exhibit A ,"- { 120S U.S. lncome Tax Return for an S Corporation > Do not lile thls form unl€s$ tho corporailon has filed or is Doparlmont ot tho Trcaaury lnldfrat R6a6nuo Swko attaching Form 2553 to eloct to be an S corporatlon. For calendar 2010 B nmb3r (sos i,studbas, ass€tg information. OMB No. 154$0130 2@10 2553 if not already filed nb PTIN C cherifsci. attEdrsd T G ls lhe corporation electing 10 be an S corporation beginning with this tax year?Yes No lf I Enter the number of who Cauiion.lrads orbuslness inqme and Unaer panaltbJif :nd conphto. Sign of Paid Preparer Use Only For Paperwork Reductlon Act Nollce, see sepErats instructions. (HTA} o o(t tr H Check if: (f ) (4) Final relum Amended relurn (2) f Name change (3) (5) n S aecfion termination [-l Address change or revocatlon of thB tax on lines la 21" See the thal I hew examlned ttdt r€tum, LrJudhg ffipsnyl.tg sciedulor and stsiemanF, and to rie b6stpEpaFr (ohtr than tapay6r) iB b#6d on all intomatbn of rhich propaFr hee sny knwledgo, Firm's EIN PhonE no. o a .o oJ oc o 0,o ID o (, th q d, (! A E dt Xr!t- Mry lhe lRg dlso3s thi3 rubh (s€o th6 prepaM shocdl bdfl trutuciltro)? EVu, INo 1a 2 3 4, 5 6 Cost of goods sold (Schedule A, tine g) Gross profit. Sublract line 2 Fom line 1c N€lgain (foss)from Form479l, part ll. line 1Z (altach Fom 47gT) Other income (loss) (see rhslruclbns-altacfi statement) DGmss recepls or salos b Legs lelums and albwances 1 16 {9 7 I I t0 l1 12 13 14 ,15 16 17 l8 19 20 Compensation of offi cers Salanles and wages (less employm€nt cr€dits) Repairs and maintenanca 8ad debts Rents Taxes and lic€nses lnterest Dopreciation not claimed on Schedule Depletion (Do not deduct oil and gas Advertising Pension, profit-shadng, etc., plans Employee benefil programs Form 4562)Aor "_' ':- _ Total doducuons. Add lines z Other deduction s (atlach 22a Excess net pasgive income or b Tax from $chedule D c Add lin6s 22a andz2b (see 23a 2010 estlmated tax payments u 25 26 b Taxdeposited Form 7004 onc Credit for d Add lines 23a lhan the tot6l of lin€s 22c and 24, enter amount owed is larger than the total of lines 22c and 24, enter amount >[] rf (sea instructlons) Form 4136) tf line Check if Form 2220 is attached IaxesJ credited to 201 pteparols nam6 cnec* n it Fim'3 Slsts 3trest, and room no. It a P.o.seo inglructions.TYPE OR PRINT City or -t4- ZIP cod6 rorm 1 120$ 1zoro1 Shareholders' Pro Rata Sharo ltems (continued) t1 12a 128 12cl2l 12d 11 Section 179 deducllon (attach Form 4562) 12a Conlrlbutions. , b lnvoslment interest expense c Seclion 59(eX2) expenditures (1) Type )(2) Amount ) d Otherd€ductions 13e Ith 13c t3d lee 't3f 13q f3a Low{ncomE housing credit (section 42(lX5)) . b Low-incomo housing credit (other) . c Qualified rehabilitation expendituree (rental real e$tiatel (attach d Other r€ntal real estate cr€ditrs (see mstructrbns) . .Type ) o Oth€r rental credits (see r;?slructions) . . Type ) f Alcohol and cellulosic biofuel fuels credit (attach Forn 6478) Other credits Form 3468) {4b ,tln 1tu ,tdD 'l/ta l4h {{l .l4t t4k .t4l ltlm Gross inmme sourced at shareholder level Foreign gross income sourcod at corporale lavel Passiva category Gen€ral category Other (atlach stdte fi an t) Deductions atlocated and apportioned at shareholder leval lntete6t expense Other Deducllons allocated and appodioned al Passiv6 calegory General category Other faflsch sldtemenl) Accrued statem€nt) Ievel to foreign source income s h Reduclion in taxes available Other tax 11a b c d e f i j k Namo of counlry or U,S. Possession D Gross income horn all sourceg Othdr infoftnation Toial for€lgn taxes (check one); 'l5a -'1.189 't5b l5c lad ,t 5e 15f income l5a Post-l9SEdepreciation c Eleplelion (other than b Adjusted gain or tl Oil, gas, and geothermal f OtherAMT e Oil, gas, 16a l6b 16c 2.395 .t 6d 16e 16a b c d e statement if requlred) (saa instructions) from shareholders .of l7^ 17b ,t7a l7a lnvestmentincome b lnvestm€ntexpenses c Oividend dislributions paid ftom accumulaled eamings and profits slatemenl)d Other items and amounts t8 22,604 l8 lncome/loss reconciliotion. Combina the amounls on lines 1 through 10 in tho far right column. From the result, subtract ihe sum of lhe amounts on lines '11 through 12d and 141 Exhibit A 3Form 1120S (2010) Bel Air otal amount rom 1120S (zoto) oc .9 o:l€ rDo a €o (J o ,9 .J ruo IE q ctr'6 ot,. o tso xo.6>t-E.6Ec5!E =';{= ott=oEai Hfi .1, o o -16- Form D€palbncnt ol lh€ Trsasury lnte6al R6wnue Sewlca on retum Bel Air Election To Note: /f havo ,blod I Maximum amount (see instructions) Exhibit A Depreciation and Amortization (lncluding lnformation on Listed property) Certaln Propefi Under Paft V befo'e Part l. 4562 ' OMB No.154$0172 2MA Attactlmenl 67 numbsl 2 Total cost of section 179 proparty placed in service (see instructions).3 Threshold cost of section 179 property before reduction in limitation (see instruc,tions)4 Reduction in limitation. Subtract line 3 from line 2- lf zero or less, enter _G 5 Dollar limitation for tax year Sublract line 4 ftom line 1. lf zero or less, enter-0-. lf manied filing ' ,. , 7I I t0 1', 12 ol 0 0 instructions) 14 15 l6 depreciation allowance qualified property than in service during the lax year (see instructions) Property subject to section 168(0(1) election . Olher 17 MACRS s for assets placed in service in 18 lf you are elecling to group any assets placed in general asset accounts, check here B.the (a) Classification ot property h Residential c. 2Oa 21 Listed property. Enter amount from Total. Add amounts from line 12, lines 14 lhrough '17, lines 19 and 20 in column (g), and line 21 Enter here and on the appropriate lines of your retum. Partnerships and S corporations - see For assets shown above and placed in service during the current year, enter the portion For Papenvork Reduction e (gl oeEedatbn deduclion 22 23 Business or activity to whictr relales EEtril lb) Cost (business use onlvli,{c, Eleclsd cost ? 7 {0 17 t3 14 v 15 17 th6 tax year into one or more bEfore 2010 1u1 qldnnanu .Yfatplar.4d) ../' in servicef \ (-c,l Basis tor doprecl€ilon (bDoipe s/i rwestnont us a , only-se6 instuctions) (dl Recovery p6riod {e} Conventon {f} Method a 3-year property 25 vrs-s/L 27.5 vrs.MM S/L 27-Svrs,MM s/L real M 40 vrs.MM Summarv 1 23 iTITI {HTA} Act Notice, s€o separate tnstrucdohs. -18- Form 4562 (2010) rlt rfiloi,nlmE, tE 0*10J74 ItnaE6{n Exhibit A Form 4582 Statement. t'120S .)3bPlr€d ln gdd6 Asul Codo B!.UT 9( C6ltr oth6r sac us DedEiloar ctl(n spoctl Albt{qa sdEgtr VrlE RFyray A6!b, Fltqrtfy Pr'lod tilllrxl gs 6!oar arn PrtaAcq$L o.pta, l?e E6.h 20t0 0oFie t €sl9dal ol Frtpclry AcofrNo. 4,o 7.It It.3 9.? 4,4 4.5( 3.31 ze 2.,4 7.€t 13.31 14.d| tg.:tt 3A r.rto at0! t,7iIl 80s o {0t 0 3.6r 1.S00 1.0?5 3,0n g0gt sla 6,3s 9.1&t 7.59 3.760 4.m 2.84e a50o 1E,gl8 0,000,il.6t0 'r,60 $.&t HY HY HY fiY HY HY HY ltY HY HV HY r{Y lrY ?!ODB;) 2OODB 2!003 2008 5 ? T'l 7 teosl 9Er5 -..s2N 28.5er 6.000 12919 !r.975 o,4-- o o 0 0 0 0 0 0 0\-0 0 8,0{l(, 0 0 0 0 0 0 0 0 0 o o 0 0 0 o 0 3,?00 0 0 0 0 o o 0 0 0 0 0 0 0 1,834 12,05t 9,sts 8580 456 4.qt0 a50o 28598 10.000 17,0,t9 1qr75 ?1.5S al r00.00tt t00.00* Fr0Fl0 I r0t r@ 304 Jrid :B !.12 r0t It0 It3:6 '00 an cc.trFrba ryrtrn 2lX!2slffiTL ilEff200t 20dt Wdaooe 8ffiTL l r.r.44+r&|IV ',wnodldrtry gr8,10dt FOROFlSorrvHrrE 0ftA004 A!0{ rcRDF:EOWHIIE aI1IZ0'J? ?0olturdTrudt 6fi!2018 7t11t2fp,6 lztgim@ 12nEr2A8 F6 Fto Fl0 i00.0c4 ro.00r r0,00tg 20008 2,500 2l,590 2OODF 2m08 ?0004 2(n08 ?m08 20008 2qxtl froa€ {.500 4.000 vd 100.00t&v3 100.0{}i4v€ r00.001ev€ 100.00t6v-7 rm.o{!!l\47 1m.00llv-7 10.q,ratJ.t 100,0016. 'tgst toet 200rt 2odt ''xlt 10fl0120@ T$NID.I ElatafrD 19 8llgz(nl Clnrygtqado cho/te9Va dHtSh,utdo Told Erbd Fp hit > 5091bldn6 u.. Subrod Llsted Pmporly ?:r.6t6 ts.8&t 87.{l AmuC doprodslbn qnd uriodfrafid sp6dsl sldrenca 6Eip(s!|'prorqty cine lrt) - drmrrt ysar 888otB Sprdal dbrlar€- Unld p.opon, {Una 25}-c!m{tyorf cr.rt! Sedion 179 dcdnrilon dsinsd (lndudd p.lory€|' dbalorrsd) Sscfofl 178 dod&don crnhd ftflyard fo hfise yssr SoCio.r l7g.la4,rc{on (lllr. t2} rrpoaH on Sdlodile K Lffs smorlb8uofl Indud.d ln lobl annual dlolldauorl and Bflrrlizadon (lha 44) 2t,Gro o 0 o 0 0 0 Fonn 45lEl , Llno 2l 2r,@0 -20 - Exhibit A Bel Air Maintenance, Inc. Balance Sheet As of December 31, 2009 31, 09ASSETS Current Assets Checking/Savings Suntrust #5526 (S1) DCAcct #7233 (52) Operating Account Petty Cash Acci Total Checking/Savings Accounts Receivable A/R (,4/R) Total Accounts Receivable Other Cunent Assets Security/Related Deposits Misc/Other Deposits (Utilities) Office Rent & Security Deposit Weston Commercial Center Total Security/Related Deposits Total Other Current Assets Total Current Assets Fixed Assets Fixed Assets (MASTER ACCOUNT) Less Accum Depreciation -CoTpujelsystem (Downtown Computer Services) Equip & Machlnery (Job Retared) #301 - 2002 suco TL _ p/w vrN 1 s900 L0 262T3 A3s74#302 - 1999 ASPTTL-525GWT-CHLR VIN NOVIN-02-006 60169 #303 - 2007 suco TL-p/W_CHLR VIN 1 5900 1225713 03744 #304 - 200e pSI TL-Arrow Board VIN 11003104 #305 - 2008 Water Dog VIN 1 TXFJ t0 2X810 g1690 Total Equip & Machinery (Job Retated) Vehicles #101 - L997 Ford F150 Whi pk VIN 2 FTDF 07 W9VCA 14814 #103 ' 1993 Ford F450 TK whi vIN 2 FDLF 47 MgpcA 21049 LL,7U.77 6,t26.46 4,807.22 200.00 22,9L8.45 61,331.85 61.331-85 334.00 2,060.00 1,173.00 3,567.00 3,567.00 87$t7.30 -110,759.00 4,049.89 7,934.00 7,350.00 9,875.00 5,580.00 12,051.00 43,690.00 2,500.00 4,500.00 -22- Ord inary Income/Expense Income General Sales (Undefl ned) Sales Janitorial Seruice Monthly Cleaning Total Janitorlal Seruice Maintenance Seruice Irrigation Serulce Grounds Maintenance lan itorial-Mai ntenance F/C - Lawn & Pool Maintenance Maintenance & RePairs Maintenance Service - Other Total Maintenance Seruice Painting/Sealing Related Pressure Cleaning Watering Senrice Other Services EmergencY & Water Damage Related Floor/CarPet Treatment SuPPlies Total Other Services Residential Senrices Customer Discounts Sales - Other TotalSales Total Income Cost of Goods Sold Misc Labor Supplies & Material Other Subcontractors Total COGS Gross Profit Expense Misc Expenses Medical - Dental Professional Fees Accounting Professional Fees - Other Exhibit A Bel Air Maintenance, Inc. Profit & Loss January through December 2009 Jan - Dec 09 0.00 158,652.63 158,652.63 18,092.72 38,103.00 4,2O3.45 17,085.00 3,450.99 432.50 81,367.56 55,532.00 447,779.47 103,585.25 355.00 1,975.00 11,165.18 13,495.18 L7,283.75 -3,900.79 0.00 874,795.L5 874,795.L5 620.00 65,Lt7.28 8,110.00 73,847.28 800,947.87 0.00 1,109.56 1,750.00 1.810.00 Total Professional Fees -24- 3,550.00 Exhibit A Bel Air Maintenance/ Inc. Profit & Loss January through December ZOO9 AUto Liabitiry Workers Comp Total Insurance 1099 Subs Subs/Other (1099 N/A) BAM 1099 Subs. - Other Total 1099 Subs Salaries & Wages Field Janitorial Office - Clerical Special projects Salaries&Wages_Other Total Salaries & Wages Travel & Lodging Total Expense Net Ordinary Income Net Income Monthly Rental pymts 107R - 2006 ChevStvrdol500 108R - 2006 ChevExpVn Total Monthty Rentat pymts Tags & Registration Tolls & parking Auto & Equipment Exp - Other TotalAuto & Equipment Exp Bad Debt Expense Bank/Related ATM Fees Monthly Fees Other Bank Fees Vendor Fees Total Bank/Retated ,D_"Il-"_"lqilonExpense(DepreciationExpense)lnsurance Jan - Dec 09 7,822.44 5,748,24 72,97o.69 1,896,94 633.45 85.45 111,073.52 145.00 829.35 1,745,4O 264.20 768.00 3,606.95 44,715.O0 77,520.44 1,491.48 5,065.16 24,O77,O9 30,831.45 186,445.53 22,925.49 24O,202.47 29,950.00 L,726.96 3t,257.39 4,483.47 215,229.19 282,046.A7 t,763.4O 818,813.49 -L7,865.62 -1?.ffi -26- box, sg€and room or 3331 2-5935Ft I auderdele llame no,a Statoot FI UBs rRs label. pdnt or type. -- 1 120S Exhibit A U.S. lncome Tax Return for an S Corporation attaching Form 2553 to 6lect to bo an S corporatlon' Yeg No lf OMB No. 154il130 2009Dopa,ihsnl of the Treasury nstructlons. For 2009 A s oledon efloctivo daut B Busims activity codo numb€t fs9 ,hstucrioE, C Chsckilsch. anachrd Firm's narn6 (ot yours if s€tf.employod)' addres6, 6nd zlP cods For Privacy Acl and Papenivork Reduciion Act Notice' see sepamte instructions. incorporated ass6ts (s€a o Eoo o a o o e a '0, o G ls ihe corporation electing to b€ an S corporation beginning with this tax year? H Check if (1)Final relum {2)Name chango (3; I nadress change (41 !!Am€nd€d rotum (5) nl S election iermination or revocation I Enter lhe number of shareholdere who wete shareholders of the lax Cauhon. lncluda trada or business iname and on lines la 21. See the 6 o,tr (tg lt (l xct Under P€naltios thal I haw oxamired lhis mtum, incbdlf,g aeompanyhg schsdulss and slslmflt!, and to th€ b€st of Sign Here and mmplele. D*l€lElion ot FrcpaEr (othor than ta)Qayd) i6 b$ed on a[ inlomatls ol which prcpatet has any knflledg€' Preparer's signElura more infomallon. 2553 if not alteady filed Prepa.6Cs sSN or PTIN Paid Preparer's Use Only la 2 3 4 J Cost of goods sold (Schedul€ A' line 8) Gross proflt. Sublract iine 2 from line 1c Net gain (loss) from Form 4797, Part ll, lins 17 (aftach Forn 4797) Other income (loss) (sea,'hsfruclions--affach slalema nt) b Less relurns and allowanoesGross receipts or saleg I 77 5 4 7 I I 10 11 12 13 14 t5 t6 17 18 19 20 Compensalion of officers Salariss and wages (less employment credils) Repairs and mainlenanca Bad debts Rents Taxes and licenses lnlerest Fom 4562)on ScheduleclaimednotOepreciation deductnot andoil gaE{Do0epletion Advertising etc.::r;7plans !::_'-'protit'sharing,Pension, benefit programsEmployoe lotal deductions. Add lines 7 Other deduclions (aftach 22a b c 23a b c d 24 25 26 smaller lhan the total of lines 22c and 24, €nter amount owed tn taxes) overpayment credited to is larger than the total of lin€s 22c and 24,enter amounl Tax deposited Form 7004 fsee rnslructions] Fom 4136) owed. lf lina lf line Cheok if Form 2220 is atlached ofExcess net Passive Tax Fom Schedule D Add lin6s 22a and 22b 2009 estimated lax PaYments onCredit for Add lines X tho Feparsr shown beltr Yet [*. IRS dirns tt's retum (sd€ inslrudb8)? Oals Ched( if self- employed (HTA) -28- rorm 1120S (zoog) 11 Section 179 deducrion /atfactr 12a Conlributions. b lnvestment int€rest €xpenss . (2) Amount D Fom 4562) c S€ction59(e)(2)expenditures (i)Type ) b c d I t 13a Low-income housing credit (secilon 420)(O)) Lowlncome credithousing (olher) Qualified rehabilitation expenditures {rental real estale)Form(aftacrt 3468) rsnlalOther real estate credits fse€irctruclions)Type Other Iental c.€dits (sea instructions)Type andAlcohol biofuelc€llulosic fuels ctedit Form(attach 647e) 1{t 1 Accrued slatement) b c d € s k 14a Name of counlry or U,S. possession D .n Reduction in iaxes available Othar informalion t Total foreign texes (check ono): ; income 15a Poshl986 depreciation c Deptetion (olher than oil b Adjusted gain or d Oil, gae, and geohermal e Oil, gas, and 1 16a b c d {7a lnvestment income b lnvestment expenseg c Divid€nd distributions paid from accumulaled eamings and profits t8 reconlncome/loss clliatlon.Combine the amounts lineson I ln10 thelhrough far righiFromcolumn.thesubtract sum of lhe amounts lines 2d 14t -1 Exhibit A AirForm 11205 .D o (,attoo o EoLo v,c .9 o(! g, (U .9 d, otL tt'CL€oo9dt= o tEo<f oll'ohoFE6o!, xo-|!>F'!t -6Ec:lbE ='F{E= tt, Eo = c..9 drdEE -g rorm 1120S eoos) -30- Form Name(s) shown on retum tf 1 Maximum amount. See the instruciions 4 Reduction in limitation. Subtract line 3 5 Dollar limitation for tax yeer. Subtract Exhibit A Depreciation and Amortizatio n (lncluding lnformation on Listed Property) Under v for a higher limit certain businesses 4562 or line instructions) OMB No. 1545-0172 Attachment (s) Depreciation deduction 470 5 o€parurunt of thc Tr€6qY lntEmal Rflenue S€aka number 2 Total cost of section 179 property placed in servicE (soe instructions)' 3 Threshold cost of seclion-170 properly before reduction in limitation (see instructions) from line 2. lf zero or l€ss, enter -0- "-,i-*:*rai line4ftomline 1. lfzero orless, enter-0-. lfmaniedtiling'-''' of 0property. Enter amount from 8 Total elected cost of section 179 property: Add amounls in column (c), lines 6 9 Tentative deduc'tion. Enter the smaller of ltne 5 or line 8 10 Carryover of disallowed deduclion from line 13 of your 2008 Form 4562. . .. 11 Business income limitalion. Enter the smaller of busineqs income (not less than 12 Section 179 expense deduction. Add lines 9 and 1 0, but do not enter $an nol use til 14 Special allowance for qualified (other than tn servrce during the iax year (sea instructions) . 'l 5 Property subject to seclion 168(f)(1) election A 17 MACRS for assets placed in service in 18 lf you are electing to group any assets placed in service asset accounls, check here (a) Classificalion of Property h Residential 2l Listed property. Enter line 28 22 Total, Add amounts from line 12, lines 14 through 17, lines '19 and 20 in column (g), and line 21 Enter here and on the aPProPriate lines of your retum. Partnerships and S corporations - see 23 For assets shown above and placed in service during the current year, enter the portion For Paporwork Reduction Act Notico' see c b Business or aclivity to which lhis form relates Ed ,| 2 36.! 3 4 5 lcl Elecled 6ostlbl Cost (business usa orllf') --- ,1 -/ 'l ..1 7 I I 12 10 11 v. n 14 {5 the tax yeer into one or more ; before (0 Melhod (d) Recovery period (e) Convention (c) Basis for depreciaiion and(b) 2OODB s/L s/L 40 23 EEtr.II (HlA) separato insbuctions. -32- Form 4s62 (2009) Exhibit A Form 4562 Statement - I 1205 1U31t2009 Nd. 6/r8/2008 7111AO08 12/1An008 12nAn008 il18n00st F-5 F.10 F-10 F.l0 F-r0 r00,00% t00,00% 100.00o/t r00.00% t00.000,t 4,049 7,AU,l2,05t 9,875 6,580 4,049 7,8U 12,051 2,436 4,4Tt 6,241 5,1 14 0 't.2s6 1,9r9 2,95 1 2,418 470 9,726 6,396 9,192 7,532 3,760 0 0 0 0 0 0 0 0 0 0 3.290 0 0 0 0 0 Dscriplion of Proporty A3S€l Cods 8!s- USg Yo Dato Pla€d h soflico Cost or Othsr Basl3 sec, 173 Deducdon Sptrlal Allowan6 Salvag€ Valut Recovery 96si! t(€cov€ry Ptriod M6u06 GONY Codo Prlor A@n 0cgrtr,, 2009 06prqc, ?009 A€um, Ooorm I @mputor syslom301 2002 SuntroTL $*ln##2008 Wal6roog303 ?007 Suno€o Tl- 304 2008Arry8ostd-& Listed ProFertlt I 997 ch€vy 1997 FORD Fts0 WH 2004 FORD F250 WH 2004 Fo.d Ttuct 2005 CheW Silwrado 2008 Chevy Exp Van 2006 Chovy Slvarado 7 7 200Dd\,HY , .?oqqB HY\. .:.2'2O0DF HY \ 20oDB HY,', :poa HY \\:;2OOOB HY Lllted 103 112 10r il0 113 106 108 107 6t18t2007 8l4tzi$ 6t4noD7 '10/t9/2009 1nBn007 s/t8/200e 8fi9/2008 1 00-0070 r00.00% t00.000/{ 100.00% 100,00% 100.00% 100.m% 4,s00 4,000 2,5N 26,5S8 10,000 17,849 19,975 .;.r' 26,598 5,000 17,849 11.975 21,590 4,500 2,080 ?,50q 13,831 0 8,460 0 11,160 0 768 0 5,107 1,000 3,050 3,060 5,100 4,500 2,848 2,500 18,938 6,000 t 1,510 't1,000 16.260 proporty qrlth mon than 50% bullnoss Ge (Llnr 25 rnd 26,1993FordF450 9aUZ0D2 v4 i00.00% 5 5 5 5 5 5 ,'-t>io.1 ol\0Jt"'.3.,r, 0 0 0 0 0 0 v{ V€ V€ v-7 v-7 v-7 v.7 0 0 0 0 o 2OOOB HY zOOOE HY 2OODB HY 2OOOB HY 2OOOB HY 2OOOB HY 2OOOB HY 0 0 Tolal llsted prop with t 50% buiinsgs uso Subtotal Ltstsd Prop€rty Annual dopr€ciallon and Special allowanc€ oxcept Sp6cial allowsnc6 - listod Section 179 deduc'tion claimed 0 42.531 r8.085 73.616 14) - cuEont year asset8 25) - cunsnt yesr assets priot y6ar disallowsd) 28,425 3,290 13,000 Section 179 dedudllon canied lblward to fulu€ yoa. Soction.179 deduction (Lin6 12) roporl€d on Schodule K Lessamollizationinqlqd€dintotal annual d,gDreqiatlonqLd-amortizaliqn(Line44) ._ ... .. _. O Form 4562, Llno 22 44J1s -34- Exhibit A CHAPTER 3 r Litigation History: Bel Air Statement r Bel Air Certificates of lnsurance r Criminal Convictions: Bel Air Statement r Non-Collusion Certification: Form 6 36 37 -37a 38 39 - 39a Exhibit A LITIGATION HISTORY. NONE Response to RFp page 24, H, 36 OA1E IMM/DD/YYYYI 10/05111 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORflANON ONLY AND CONFERS NO RIGHTS UPOII THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AM END, EXTEND OR ALTER THE COVERAGE AFFOROED BY THE FOLICIES BELOW. THIS CERNFICATE OF INSURA].ICE DOES NOT CONSTIIUTE A CONTRACT BETWEEN THE ISSUIT{G INSURER(SI, AUTHORIZED REPRESEI{TATIVE OR PROOUCER,AND THE CERTIFICATE HOLOER. IIIiPORTANT: lf the holdsr ls an pollcy(lec!murt bB rrcN ts lb the toms and condltlons of tho pollcy, cortrln poll6l€3 may lsgulro an €ndocrotnenL A stat€mont on this certlflcate do€r not ionf€r tlghtB to lhe ln lleu ol 964.731.5566 Willlam Agqncyon 9s4.731{566 {/t38 P.O. Box 333190 r1 BELAI.IF. rNsuRED Bet Air Malntenance, lnc.on 2848 Griflln Road!E Ft Lauderdale' FL 33312 ll,tsuRERA,Praetorian lnsulance Gompany 77257 INSURER 9 : rNsltnER c : lNqllRFR n ' ITJSI,IRER E : IiTSTJRER F : ,ACORD"*/ Exhibit A CERTIFICATE OF LIABILITY INSURANCE OP ID: D3 @ 198E-2009 ACORD GORPORATION, All righB reserved. N fie ACORD name and logo are reglsterod marks of AGORD -37 - TH|S lS TO CEnrtrv rHAT THE PoLlctES oF lNsuRANcE LlsrED BELow HAVE NOTWTHSTANDTNG ANY REQUIREMENT, TERM OR CONDITION OF BEEN ISSUEO TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INOICATED.ANY CONTRACT OR OTHER OOCUMENT VVITH 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. tsRn TYFE OF INSURANCE luut r-0ilTs GENERALUAAUTY 6ENERAL LIABIUTY CTAIMS.MAOE OCCUR Ui,tIT NPPUES PER: EACH ocCUFRENCE s s 5M EO EXP {Ane ore oeM) PERSOML & ADVINJURY $ GENERAL AGGREGATE s PRODUCTS. COMP/OP AGG I $ A A A AUYOCOBII.E UABILITY ANY AUTO ALL OWNEO AUTOS SCHEDULED AUTOS HIRED AUTOS NON4WIIEDAUTOS x X x x PrcFL0002095 10101t11 10r0412 COMBINED SINGLE LIMIT (Ea acddent)s 1,000.00( EOOILY INJURY (Psr posn)s BOOILY INJURY (P6t ujd€n0 s PROPERTY DAMAGE (Perlcddni)s I I UMAREU.A UAB EXCESS LIAB OCCUR CLAIMSMAOE EACH OCCURRENCE s AGGREGATE s OEOIJCTIBLE RFTFNTION I s g WORKERS COMPEilSAION ANO EIIPLOYERS' UABIUTY AI.T( PROPRIE OR/PARTNER/E(ECUTIVE OFFICER-IMEM BER EXCLUOED? (llrndato{y ln tlH) lfva3. d€s4ribo (Btdor nFRnPlPfldN oF OPERATIONS b€ld Y' IJn t{,A I Wg STATU-UI H.lFtr E.L EACH ACCIOENT s E.L OISEASE - EA EMPLOYEI 3 F I NISFASE . POLTCY UMIT 3 an to l]ntrfl days WESTON2 Clty of Westonotr 17200 Royal Palm BoulevardlE Weeton, FL 33326 I SHOULD ANY OF IHE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE TH€REOF, HOTICE WLL 8E OEUVERED IN ACCORDAI{CE WTI{ THE POUCY PROVISIONS. AUTI{ORIZED REPRESEIITAITVE 4//=-:=: AcoRD 2s (200s,09) Response to RFp page24,!. Exhibit A CRIMINAL CONVICTIONS . NONE -38- 2 Exhibit A FORM 6 NON:COLIUSIOfII AFFI DAVIT The undersigned individual, being duly sworn, deposes and says that: t. He/She is of Vice President of Bel Air Maintenance, lnc. the CONTRACIOR that has submitted the attached Proposal; He/She is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circurnstances respecting such Proposal; Such Proposal is genuine and is not a cbllusive or sham Proposal; Neither said CONTRACTOR nor any of its officers, partners, owners, agents, representatives, emptoyees, or parties in interest, including this affiant, has in any way colluded, connived, or agreed, directly or indirectly, with any other CONTRACTOR, firm or person to submit a collusive or sham proposal in connection with the Agreement for which the. attached Proposal has been submitted or to refrain from proposing in connection with stich Agreement, or has in any manner, directly or indirectly, sought by agreement of bollrrsion or communication of conference with any other CONTRACTOR, firm, or person to fix the price or prices in the attached RFP, or of any other CONTRACTOR, or to fix any overhead, profit or cost element of the Proposal or the response of any other CONTRACTOR, or to secure through any collusion, connivance, or unlawful agreement any advantage against the City of Weston, Florida, or any person interested in the proposed Agreement and ITH|S SPACE TNTENT|ONATLY rEFr BIANKI 3. 4. RFP2011-05 Pressure Cleaninc Servlces {Page 38 of 61) -39- Exhibit A CHAPTER 4 t Drug-free l/Vorkplace: Form Z 40 - 40a : Addenda: Form 8 4t I lndependence Affidavit: Form g 42- 42a I certification to Accuracy of proposal: Form 10 4l - 43ia t. 2. 3. Exhibit A FORM 7 DRUG.FREE WORKPLACE The undersigned vendor (firm) in accordance with Chapter 287.087, Florida Statutes, hereby certifies that does:Bel Air Maintena lnn dnec: (Name of Company) Publish a statement notifying employees that the unlawful manufacturing, distribution dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. lnform employees about the dangers of drug abuse in the work place, the business's poliry of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. Give each employee engaged in providing the contractual services that are under bid copy of the statement specified in subsection (1). 4 ln the statement specified in subsection (1), notify the employee that, as a condition of working on the conractual services that are under bid, the employee will abide by the terms of the statement and will notifu the employer of any conviction of, or plea of guilty of 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. lmpose a sanction onr 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. 5. RFP2011-05 Pressure Cleaning Services (Page a0 of 61) -40- Exhibit A FORM 8 .ACKNOWLEDGMENT OF ADDENDA The CONTRACTOR hereby acknowledges the receipt of the following addenda issued by the ClTv and incorporated into and made part of this RFP. ln the event the CoNTRAcToR fails to include any such addenda in the table below, submission of this form shall constitute acknowledgment of receipt of all addenda, whether or not received by him/her. ITHtS SPACE INTENT|ONA|ty LEFT BIANKI ADDENDUM NUMBER DATE RECEIVED PRINT NAME TITLE SlGNATURE + (BLUE tNK ONLY) t LOltTla0Lt Jason Lawrence V.Pres.(+,to cv$av ^s4rU,-"\J U RFP20l1-05 Pressure Cleaning Seruices (Page 42 of 51) - 47- 2. Exhibit A FORM 9 1N DEPENDENCE AFFIDAVIT The undersigned individual, being duty sworn, deposes and says that: 1. He/She is Vice President of Bel Air Maintenance, lnc., the CONTRACTOR that has submitted the attached Proposal; a. Below is a list and description of any relationships, professional, financial or otherwise that CONTRACTOR may have with the ClW, its elected or appointed officials, its employees or agents or any of its agencies or component units for the past five (5) years. b. Additionally, the CONTRACIOR agrees and understands that Proposer shall give the CITY written notice of any other relationships professional, financial or otherwise that CONTRACTOR enters into with the CITY, its elected or appointed officials, its employees or agents or any of its agencies or component units during the period of this Agreement. (lf paragraph 2(a) above does not apply, please indicate by stating, "not applicable" in the space below.) [THtS SPACE TNTENTTONALLY LEFT BLqNKI RESPONSE to 2. a. above: Since 2001 we have provided various services to the City of Weston; including, but not limlted to, pressure cleaning janitorial, and painting. As a result, and to that extent only, business relationships exist with various City officials and employees for which no confllct of interest could be construed. RFP2011-0S Pressure Cleaning Services (Page 43 of 61) 42 Exhibit A FORM 10 CERTIFICATION TO ACCURACY OF PROPOSAL CONTRACTOR, by executing this Form, hereby certifies and attests that all Forms, Affidavits and documents related thereto that it has enclosed in the Proposal in support of its proposal are true and accurate. Failure by the CONTRACTOR to attest to the truth and accuracy of such Forms, Affidavits and documents shall result in the Proposal being deemed non-responsive and such proposal will not be considered. The undersigned individual, being duly sworn, deposes and says that: t. He/She is Vice President of Bel Air Maintenance, lnc. CONTRACTOR that has submitted the attached proposal; He/She is fully informed respecting the preparation and contents of the attached proposal and of all Forms, Affidavits and documents submitted in support of such proposal; All Forms, Affidavits and documents submitted in support of this proposal and included in this Proposal are true and accurate; 4.No information that should have been included in such Forms, Affidavits and documents has been omitted; and lTHts spAcE tNTENT|ONALTY LEFT BTANKI the 2. 3. RFP2011-05 Pressure Cleaning Services (page 45 of 61) -43- Exhibit A CHAPTER 5 r Proposal Security: Form 11 44 ! FORM L2 - ETECTION COMMITTEE RANKING 45 Exhibit A FORM 11 PROPOSAL SECURITY All proposals shall be accompanied by a Proposal Security in the form of a bond issued by the Surety authorized to transact business in the State of Florida, having a resident agent in the State of Florida, in full accordance with the qualifications set forth in Section 2.6 of the RFP, or in the alternative, a cashier's check drawn on. a bank authorized to do business in Florida, payable to the City of Weston. The amount of the proposal security shall be ten thousand dollars (510,000.00). Ml/% Surrr'Trtusr Offlaial Ghecil< 64-79/01 | 0734994945 Purchaser PAY **BE], AIR I,IAITiTENANCE* ::':,:','.i-;':: :=j i j-l ,l-; ; l,r"i :i' i 'i''!1 ''; -r," .11' ;:; *clr:t oi' '.tEsTotgx w@e) by Posilw.Poy Dale -l Oct'.2q,?ALL SunTrust /\uihorlzed Sianaturs 103687,6076780 lnitials (l.ype)Cerrter $, *'xlo,ooo.oo**' Al! T To the Order of L Payable at SunTrust Bank J r.o?lLqqtqLsil. r:oE I loo?qor: ?0 tqo !5El5lBrr' RFP2011-OS Pressure Cleanlng Services (Page a7 of 61) -4- coNrRAcf,pg Evaluatlon $,fiteria 1. Contractor's Qualifications 2. Contractor's Experience 3. Qualifications of Key Employees 4. Cost to the CitY TOTAL FINALRANKINC Selection Committee Member Exhibit A FORM 12 THE CIW OF WESTON PRESSURE CLEANIITIG SERVICES. RFP No.2011.05 SEtECf ION COMMITTEE RANKING SAMPTE ItAll uBu "cl Signature rrDtr BrIE Date RFP201l-05 Pressure Cleanin8 SeNices {Page 4g of 61) -45 - Exhibit A CHAPTER 4 - RATE AND FEE SCHEDUIE RFP No. 2011-005 Request for proposals for Pressu re Clean ing Services Published September 26 and October 3,2011 $ $ s Exhibit A FORM 5 PRICING (revised LO/L7ILL\ The CONTRACTOR offers the following for providing all labor, materials, equipment etc. to perform pressure cleaning services in accordance with the scope of work. 0.08 per square foot (with pre'spray algaecide treatment) 0.07 per square foot (without pre-spray algaecide treatment) minimum charge for areas less than 1,000 square feet ITH|S SPACE lhlrENTlONAtLY IEFT BLANKI RFP2011{5 Pressure Cleaning Services (Page 37 of 6X} -b- Exhibit A CHAPTER 5 - CERTIFICATE(S) OF INSURANCE RFP No. 201 1-005 Request for Proposals for Pressure Cleani ng Services Published Septerrrber 26 and October 3, 2O11 DATE (MM,lDD'YYYY) 10/05/1 1 THIS CERTIFIGATE 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 INSUMNCE DOES NOT CONSTITUTE A CONTR.ACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REP RESENTATIVE OR PRODUCE AND THE CERTIFICATE HOLDER. IMPORTANT:the cenificate ts an ADDITIONAL IN SURED,the must be endorsed.s su bject to the terms a nd conditions of th e policy sertain policies may requrre an endorsement.A statement on this ce rtiflcate does not co nfer rights to the in lieu of such PRODUCER W.F Roemer lnsurance AgencY William F. Dowd P.O. Box 190S69 Fort Lauderdale, FL 33319 William F. Dowd lll 954-731 -5566 954-731.8438 William Dowd llJS\E",",,. ssa -z 3 1 -s56 6 954-73{ -8438 BELAI.l INSURER(S) AFFORDING COVERAGE NAIC f INSURED Bel Air Maintenance, lnc. 2648 Griffin Road Ft Lauderdale, FL 33312 rrusunen I : Praetorian lnsurance Company 37257 INSURER B INSTIRFR C : INSTIRER D : INSIIRFR F : IUqIIRFR F. Exhibit A ACORD' cERTtFtcATE oF LIABILITY INSURANcE NUMBER:REVISION N CANC @ 1988-2009 A,CORD CORPORATION' All rights reserved. OP lDl D3 THI c IS TO CERTI FY THAT TH E POLtCt ES o F INSURANCE LISTED BELOW HAVE EEN ISSUED TO TH INSURED NAMED ABOVE FOR THE P OLICY PERIOD INDICATEO NOTWTHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO WHICH THIS CERTIF rcATE MA BE ISSU EO o R MAY PERTAIN THE INSURANCE AFFO RDEO BY THE POL ICIES DESC RI BE HEREIN IS SUSJECT TO ALL THE TE o MS, CLAI MS.EXCLUSIO NS AND coN tTloNs OF SU CH POLI c ES LIMI TS SHOWN MAY HAVE BEEN RE DUCED BY PAID TYPE OF INSURANCE NSF PULI9I CAts LIMITS GENERAL LIAEILITY GENERAL LIABILITY CLAIMS.I/1ADE occuR GEN'L AGGREGATE LIMIT APPLIES PER: LOC EACH OCCURRENCE 5 s MED EXP lAnY one oerson) sPERSONAL & ADV INJURY GENERAL AGGREGATE sPRODUCTS. COMP/OP AGG $ A A A AUTOMOBILE UAEILITY ANY AUTO ALL O\r\NEO AUTOS SCHEDULEDAUTOS HIRED AUTOS NONO!\'NED AUTOS X X x X PrcFL0002095 10104111 10104112 COMBINED SINGLE LIMTT (Ea trcidst)$I,000,00c BODILY INJURY (Per pe6on)s BODILY INJURY (Per accjdent) PROPERTY DAMAGE (Per acddent)s s $ UMBRELLA LIAB EXC€SS LIAB OCCUR CI.AIMS.MADE EACH OCCURRENCE s AGGREGATE DEDUC'TIBLE RF1FNTION S $ WORKERS COMPENSATION ANDEMPLOYERS'LIABILITY Y' N ANY PROPRIETOR/PARTNER./EXECUTIVE T'-"1 OFFICER/MEMBER EXCLUDED? I I {Mandatory lD NH} It ves. describe undea nEScRIPTIoN OF OPERATIONS below N/A I V\C SrAt U-tutn-IFP E L EACHACCIOENT ! E-1. DISEASE . EA EMPLOYET s E.L. OISEASE . POLOY LIMIT s .Schedule, lf more space l5 requlred) no to cance app 10 ce WESTON2 City of Weston 17200 Royal Palm Boulevard weston, FL 33326 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL EE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZEO REPRESENIATIVE ///.7::+r, AcoRD 25 (2009/09)The ACORD name and logo are registered marks of ACORD Exhibit A CERTIFICATE OF LIABILITY IN$URANCE GWl 000448-1 1 I E.L. DISEASE. POLICV EL WORKERS COMP GWC301000448-11 1 1.000,om otQ1t201 06r28t20'l Er DTSEASE POL|CY. 1.0Ctt.000. EL DISEASE E-ACH EMPLOYEEl,SO OCO. oF oPERAT|oNS / LOCAIONg / VEHTCLE$ (A{rrch ACORD Ron6tt! 6chodutr, ifntotu SptCc 15 rEqulnd) THE clrY OF WESTON; WEIS$ SEROTA HELFMAN PASTORIZA COLE & BONISKE, p,L; CALVIN, GIORDANO & ASSOCIATES, AND MUNICIPAL TECHNOLOGIES,.LLC ARE ADDITIONAL INSURED WITH RESPEcT Io GENERAL LIABILITY As REaUIRED BYWRITTEN CONTRAGT SUBJECT TO POLICY TERMS AND CONDITIONS. 30 DAYS NOTICE OF CANCELATION APPLIES EXCEPT 10 DAYS NOTICE APPLIES FOR ttOru pnYUerut c LLATION CITY OFWESTON 17200 ROYAL PALM BOULEVARD wEsToN; FL 33326 @ oATE (HMTDDIYYYY) 10n4t2011 ISSUED AS THISCONFERS ALTERcDORT]FICATE NOTES LAFFIRMATIVE ORY AtUNEGATIVELY EXTENDEND,OR THE AFFOCOVERAGE RDED BY POLTCtESTHE BELOW THIS CERTIFICATE OF CONTRACTINSURANCEDOESGONgTITUTENOTA BETWEEN THE ISSUING AUTHORIZEDrNsuRER(S), ORREPRESENTATIVE AND THE ICATECERTIF DER,HOL A statemont on this certificale does not confer rig to to TION ISpolicy, certain an musttf theterm$ and conditlons of D, the may iequie an _ryflq rMK R]SK IVIANACEMENT INC DBA KALLITIAN INSU RANCE AGENCY PO BOX 266736 WESTON FL 33326 BEL AIR MAINTENANCE INC Po BOX 266284 WESTON, FLORIDA 33326 PRODIJCER .INSUREO x AFFORDING Al\,lERlCAN TNSURANCE GUARANTEE tNSURANqE_INSUR INSIJRER O: & AOV PODILY ll,lJURY (Fer persool BODITY INJURY 6trldenl) GEIIERAL UABILI'Y L8A1324270D !ttittt lppLres peRr Ll[r,rs I 09/03/20 CLAIM$6,IAOE LOC INOrcATED- NOTWITHSTANDING ANY REQUIREMENT, TERM OR, CONDITION OF WHICH THIE CERTIFICATE IV!qY BE ISSUED OR MAY PERTAIN. TIIG, INSURANC€, AFFORDED THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN SHOWN $ OCCUR BILlaY D-EDUCTIBTE 5OO. PER CLAIM AN D EMPLOYER,S' UAAIL.rIY .A OCGUR GXCESS B n AUTOIIOBILE LIABILIIY uAa ANY SCHG,OULED AUTOS NOII.OWNED AtITOS ANY AUTO ALL OWNEO AI'TOS IlIREO AUTOg AGGREGATE I 000NA E.L^ DISEASE. EA 10t01t201 B BEFORECANCETLEDBE LL BE DELIVEREO N ACORD 25 {2010/05}The ACORD nam€ and logo are reglstEred marks of ACORF All roserued. Exhibit A Daniel J. Stcrmcr ,1!orur Thomas M, Kallnran Conuussiurcr Margnrcl Brorvn Cunrll.issiout'r Byron L. Jaffe Connisskner Mary Molina-Macfic Ctnnmissiuwr Donald P, Dcckcr CnS, ltunuger/CEO March 20,2020 Jason Lawrence, Vice President Bel Air Maintenance, lnc. 2648 Griffin Road Dania Beach, FL 33312 Subject: RFP No. 2011-05 for Pressure Cleaning Services Dear Mr. Lawrence, Pursuant to section 3.7 of the above referenced Agreement, on April I of each year, all hourly rates and fees described in the Agreement shall be increased by an amount equal to the Consumer price lndex ("Cpl") increase, as measured by the nearest geographical index. The adjustment shall be based on the annual change in the February 2020 consumer Price lndex-All Urban consumers, Not seasonally Adjusted, All ltems, Miami-Fort Lauderdale -west palm Beach Area, t9g2-g4 = 100, series lD: cUURS3sBsAo, cuu553sBsAo. The cpl for the month of February 2020 is ',.40%. Enclosed is an updated Fee schedule with pricing reflecting this increase. The prices are effective April 1, 2020. Please do not hesitate to call me at 954-385-2600, should you have any questions. Sincerely, CITY OF WESTON Manager Enclosures T h c N a t i o n's Prc n i e r l+l u n i c, i p a I C o r p o ra il o ns\l 17200 Royal Palm Boulcvard I Wcston, Florida 13326 I Phonc:954-3115-2000 I Fax:954-3115-2010 I rvrvrv,wcsronfl.org Contract Price Schedule Contract: Vendors: Contract Bid N0. 2O11-O5 Pressure Cleaning Bel Air Maintenance, Kings of Pressure, Martin & Sons Expiration: March 31, 2022 CPI lncrease: 1.24% CPI Effective Date: April l, 2019 Bel Air Maintenance April 2020-March 2021 (CPr 1.40%) $ 0.0949 $ 0.0831 $ 94.9194 April 201$March 202( (cPl 1.24%) $ 0.0936 $ 0.0819 $ 93.6089 April 2018-March 2019 (CPl 3.157o) $ o.o92s $ 0.0809 $ 92.4624 April 2017-March 2018 (CPt 3.95%) $ 0.0896 $ 0.0784 $ 89.6388 April 2016-March 2017 (CPl 1.58Yo) $ 0.0862 $ 0.0755 $ 86.2326 April 201S-March 2016(CPl .42o/o) $ o.o849 $ 0.0743 $ 84.8913 April 201+2015 (cPr 3.7%) $ o.o84s $ 0.0740 $ 84.s362 April 2013-2014 (cPr 1.e%) $ 0.081s $ 0.0713 $ 81.5200 Original $0.0800 $0.0700 I 80.0000 Unit EA EA EA Description of ltem square pre-spray Per square pre-spray algaecide Minimum charge for areas less than 1,000 so uare feet Item No. 1 2 3 Pressure April 2020-March 2O2r (CPl 1.4090) $ 0.0949 $ 0.0949 $ 177.9740 April 2019-March 2020 (cPr 1.24%) $ 0.0936 $ 0.0936 $ 175.5167 April 2018-Match 2019 (CPl 3.1sYo) $ o.o92s $ 0.092s $ 173.3670 April 2017-March 2018 (CPr 3.9s?o) $ 0.0896 $ 0.0896 $ 168.0727 April 2OlaMarch 2017 (CPr 1.58%) $ 0.0862 $ 0.0862 $ 161.6861 April 2015-March 2016(cPl .42%t $ 0.0849 $ 0.0849 $ 159.1712 April 201+2015 (cPr 3.7%) $ 0.0845 $ 0.084s $ 158.s0ss April 2013-2o14 (cPr 1.9%) $ 0.081s $ 0.0815 $ 152.8s00 Original $0.0800 $ 0.o8oo $ 1 50.0000 Unit EA EA EA Description of ltem square pre-spray sq uare pre-spray Minimum charge for areas less than 1,000 Item No. 2 3 April zo2GMarch 2021 (cPl 1.4O%) $ 0.0949 $ 0.0949 $ 83.0s45 April 201g-March 2020 (cPr 1.24%) $o.0936 $ 0.0936 $ 81.9078 April 2018-March 2019 (CPl 3.15%) $ 0.092s $ 0.092s $ 80.9046 April 2017-March 2018 (CPl 3.9s9o) $ 0.0896 $ 0.0896 $ 78.4339 April 2olGMarch 2017 (cPl 1.s89") $ 0.0862 $ 0.0862 $ 7s.4s3s April 201s-March 2016(CPl .42"/") $ 0.0849 $ 0.0849 $ 74.2799 April 2014-2015 (cPl3.7%' $ 0.0845 $ 0.0845 $ 73.9692 April 2013-2014 (cPt 1.9./") $ 0.0815 $ 0.08 1s $ 71.3300 Original 0.0Eo0$ $0.0800 $ 70.0000 Unit EA EA EA Description of ltem Per square foot(with pre-spray algaecide treatment) Per square foot(without pre-spray algaecide Minimum charge for areas less than 1,000 Item No. 1 2