HomeMy WebLinkAboutAdd No 1Tuesday, January 29, 2019
Addendum No. 1
CITY OF SUNNY ISLES BEACH
Gateway Park Center
CITY ITB NO. 19-01-01
To All Bidders:
Bidders for the above-referenced project shall take note of the following changes,
additions, deletions, clarifications, etc. to the Plans and Sp ecifications, which in
accordance with the Contract Documents shall become a part of and have precedence
over anything shown or described otherwise.
➢ Attached are the forms and affidavits required in the Bid Specifications.
END OF SECTION
NON-COLLUSION AFFIDAVIT
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 947-0606 Fax: (305) 949-3113
STATE OF FLORIDA )
)
COUNTY OF _____________)
The undersigned being first duly sworn as provided by law, deposes, and says:
This Affidavit is made with the knowledge and intent that it is to be filed with the City of Sunny Isles Beach City Commission and that it will be
relied upon by said County, in any consideration which may give to and any action it may take with respect to this Bid.
The undersigned is authorized to make this Affidavit on behalf of,
_____________________________________________________________
(Name of Corporation, Partnership, Individual, etc.)
a, ________________________________, formed under the laws of _____________
(Type of Business) (State)
of which he is ________________________________________________.
(Sole Owner, Partner, President, etc.)
Neither the undersigned nor any person, firm, or corporation named in above Paragraph 10.2, nor anyone else to the knowledge of the
undersigned, have themselves solicited or employed anyone else to solicit favorable action for this Bid by the City, also that no head of any
department or employee therein, or any officer of the City of Sunny Isles Beach, Florida is directly interested therein.
This Bid is genuine and not collusive or a sham; the person, firm or corporation named above in Paragraph 10.2 has not colluded, conspired,
connived or agreed directly or indirectly with any proposers or person, firm or corporation, to put in a sham Bid, or that such person, firm or
corporation, shall refrain from Bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication
or conference with any person, firm or corporation, to fix the prices of said Bid or Bids of any other proposers; and all statements contained in
the Bid or Bids described above true; and further; neither the undersigned, nor the person, firm or corporation named above in Paragraph
10.2, has directly or indirectly submitted said Bid or the contents thereof, or divulged information or data relative thereto, to any association or
to any member or agent thereof.
______________________________________________________________________
AFFIANT’S NAME AFFIANT’S TITLE
TAKEN, SWORN AND SUBSCRIBED TO BEFORE ME this _____ day of _______________________, 200_.
Personally Known ________ or Produced Identification ________;
Type of identification ___________________________________
(Affix seal here)
___________________________________
NOTARY PUBLIC (name printed or typed)
DECEMBER 28, 2010 1 of 8
PUBLIC ENTITY CRIMES
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 947-0606 Fax: (305) 949-3113
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a)
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
PUBLIC ENTITY CRIMES
Pursuant to the provisions of paragraph (2) (a) of Section 287.133, Florida State Statutes - "A person or affiliate
who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a
Bid on a Contract to provide any goods or services to a public entity, may not submit a Bid on a Contract with a
public entity for the construction or repair of a public building or public Work, may not submit Bids on leases of
real property to a public entity, may not be awarded to perform Work as a Contractor, supplier, Sub-Contractor, or
Consultant under a Contract with any public entity, and may not transact business with any public entity in excess
of the threshold amount Category Two of Sec. 287.017, FS for thirty six months from the date of being placed on
the convicted vendor list".
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
11.1. This sworn statement is submitted to City of Sunny Isles Beach _____________
by____________________________________________________________________________
[print individual’s name and title]
for____________________________________________________________________________
[print name of entity submitting sworn statement]
whose business address is:
_______________________________________________________________________________
_______________________________________________________________________________
and (if applicable) its Federal Employer Identification number (FEIN) is_____________________.
(If the entity had no FEIN, include the Social Security Number of the individual signing this sworn
statement:_________________________________.)
11.2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a
violation of any state or federal law by a person with respect to and directly related to the transaction of
business with any public entity or with an agency or political subdivision of any other state or with the
United States, including, but not limited to, any Bid or Contract for goods or services to be provided to any
public entity or an agency or political subdivision of any other state of the United States and involving
antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
11.3. I understand that "convicted" or "conviction" as defined in Para. 287.133(1)(b), Florida Statutes, means a
finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any
federal or state trail court of record relating to charges brought by indictment or information after July 1,
1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere.
11.4. I understand that an "affiliate" as defined in Para. 287.133(1)(a), Florida Statutes, means:
a.) predecessor or successor of a person convicted of a public entity crime; or
b.) Any entity under the control of any natural person who is active in the management of the entity
and who has been convicted of a public entity crime. The term "affiliate" includes those officers,
directors, executors, partners, shareholders, employees, members, and agents who are active in
the management of an affiliate. The ownership by one person of shares constituting a controlling
interest in another person, or a pooling of equipment or income among persons when not for fair
DECEMBER 28, 2010 2 of 8
market value under an arm's length agreement, shall be a prime facie case that one person
controls another person. A person who knowingly enters into a joint venture with a person who
has been convicted of a public entity crime in Florida during the preceding 36 months shall be
considered an affiliate.
11.5. I understand that a "person" as defined in Para. 287.133(1)(e), Florida Statutes, means any natural
person or entity organized under the laws of any state or of the United States with the legal power to
enter into a binding Contract and which Bids or applies to Bid on Contracts for the provision of goods or
services let by a public entity, or which otherwise transacts or applies to transact business with a public
entity. The term "persons" includes those officers, directors, executives, partners, shareholders,
employees, members, and agents who are active in management of any entity.
11.6. Based on information and belief, the statement which I have marked below is true in relation to the entity
submitting this sworn statement. (Indicate which statement applies.)
____ Neither the entity submitting this sworn statement, nor any of it's officers, directors, executives, partners,
shareholders, employees, members, or agents who are active in the management of the entity, nor any
affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1,
1989.
____ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners,
shareholders, employees, members, or agents who are active in the management of the entity, or an
affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1,
1989.
____ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners,
shareholders, employees, members, or agents who are active in the management of the entity, or an
affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1,
1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of
Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer of the
State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer
determined that it was not in the public interest to place the entity submitting this sworn statement on the
convicted vendor list. (Attach a copy of the final order.)
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE
PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 11.1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND,
THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I
ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO
A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA
STATUTES, FOR CATEGORY TWO OF ANY, CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
By:
______________________________________
(Signature)
______________________________________
(Printed Name)
______________________________________
(Title)
Sworn to and subscribed before me this ______ day of_______________________, 20_____, by
__________________________________________________.
(AFFIX NOTARY STAMP HERE) ______________________________________
Signature: Notary Public – State of Florida
______________________________________
Personally Known __________ OR Produced Identification __________
roduced
________________________________ 10/1998
3 of 8
EQUAL OPPORTUNITY /
AFFIRMATIVE ACTION
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 947-0606 Fax: (305) 949-3113
EQUAL OPPORTUNITY/AFFIRMATIVE ACTION STATEMENT
The contractors and all subcontractors hereby agree to a commitment to the principles and
practices of equal opportunity in employment and to comply with the letter and spirit of
federal, state, and local laws and regulations prohibiting discrimination based on race,
color, religion, national region, sex, age, handicap, marital status, and political affiliation or
belief.
Signed: ________________________________________
Title: ________________________________________
Firm: ________________________________________
Address: ________________________________________
________________________________________
DECEMBER 28, 2010 4 of 8
CONFLICT OF INTEREST
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 947-0606 Fax: (305) 949-3113
CONFLICT OF INTEREST STATEMENT
The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State Statutes. Proposers must
disclose with their Bids, the name of any officer, director, partner, associate or agent who is also an officer or employee of the
City of Sunny Isles Beach or its agencies.
STATE OF FLORIDA
COUNTY OF ___________________
BEFORE ME, the undersigned authority, personally appeared _____________________________, who was duly sworn,
deposes, and states:
18.1. I am the _________________________________________________ of
__________________________________with a local office in _____________________________ and principal office in
_____________________.
18.2. The above named entity is submitting a Bid for the City of Sunny Isles Beach, Bid No. ______________ described
as: Landscape Maintenance Services. The Affiant has made diligent inquiry and provides the information contained in this
Affidavit based upon his own knowledge.
18.3 The Affiant states that only one submittal for the above Bid is being submitted and that the above named entity has
no financial interest in other entities submitting Bids for the same project.
18.4 Neither the Affiant nor the above named entity has directly or indirectly entered into any agreement, participated in
any collusion, or otherwise taken any action in restraints of free competitive pricing in connection with the entity’s submittal for
the above Bid. This statement restricts the discussion of pricing data until the completion of negotiations if necessary and
execution of the Contract for this project.
18.5 Neither the entity nor its affiliates, nor any one associated with them, is presently suspended or otherwise ineligible from
participation in contract letting by any local, State, or Federal Agency.
18.6 Neither the entity, nor its affiliates, nor any one associated with them have any potential conflict of interest due to any
other clients, contracts, or property interests for this project.
18.7 I certify that no member of the entity’s ownership or management is presently applying for any employee position or
actively seeking an elected position with the City of Sunny Isles Beach.
18.8 I certify that no member of the entity’s ownership or management, or staff has a vested interest in any aspect of the City
of Sunny Isles Beach.
18.9 In the event that a conflict of interest is identified in the provision of services, I, on behalf of the above named entity, will
immediately notify the City of Sunny Isles Beach.
Dated this _________ day of _____________________________________, 2010.
_________________________________ _________________________________
AFFIANT Print or Type Name and Title
Sworn to and subscribed before me this _____ day of ______________________, 2010.
Personally Known ________ OR
Produced Identification ________; Type of Identification _________________________
__________________________________
NOTARY PUBLIC STATE OF FLORIDA
DECEMBER 28, 2010 5 of 8
DISPUTE DISCLOSURE
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 947-0606 Fax: (305) 949-3113
DISPUTE DISCLOSURE FORM
Answer the following questions by placing a “X” after “Yes” or “No”. If you answer “Yes”, please
explain in the space provided, or on a separate sheet attached to this form.
19.1. Has your firm or any of its officers, received a reprimand of any nature or been suspended by the
Department of Professional Regulations or any other regulatory agency or professional associations within the last
five (5) years?
YES __________ NO __________
19.2. Has your firm, or any member of your firm, been declared in default, terminated or removed from a
contract or job related to the services your firm provides in the regular course of business within the last five (5)
years?
YES __________ NO __________
19.3. Has your firm had against it or filed any requests for equitable adjustment, contract claims, Bid protests,
or litigation in the past five (5) years that is related to the services your firm provides in the regular course of
business?
YES __________ NO __________ If yes, state the nature of the request for equitable adjustment, contract
claim, litigation, or protest, and state a brief description of the case, the outcome or status of the suit and the
monetary amounts of extended contract time involved.
I hereby certify that all statements made are true and agree and understand that any misstatement or
misrepresentation of falsification of facts shall be cause for forfeiture of rights for further consideration of this Bid
for the City of Sunny Isles Beach.
________________________________________ ______________________________________
Firm Date
________________________________________ _______________________________________
Authorized Signature Print or Type Name and Title
DECEMBER 28, 2010 6 of 8
ANTI-KICKBACK
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 947-0606 Fax: (305) 949-3113
ANTI-KICKBACK AFFIDAVIT
STATE OF FLORIDA )
)
COUNTY OF ___________ )
I, the undersigned, hereby duly sworn and deposed say that no portion of this sum herein Bid
will be paid to any employees of the City of Sunny Isles Beach or its elected officials as a
commission, kickback, reward or gift, directly or indirectly by me or any member of my firm or
by an officer of the corporation.
By: ________________________________
Title: ________________________________
The foregoing instrument was acknowledged before me this _____ day of
__________________, 20____, by _________________________________________ [name
of person], as __________________________________ [type of authority], for
________________________________ [name of party on behalf of whom instrument was
executed].
AFFIX NOTARY STAMP HERE:
_______________________________
Notary Public – State of Florida
________________________________
Print or Type Commissioned Name
Personally Known __________ OR Produced Identification __________
Type of Identification Produced ________________________________
DECEMBER 28, 2010 7 of 8
CONTRACTOR ANTI-BOYCOTT CERTIFICATION
[PURSUANT TO FLORIDA STATUTE § 215.4725]
I, ___________________, on behalf of _________________________,
Print Name Company Name
certifies that___________________________ does not:
Company Name
1.Participate in a boycott of Israel; and
2.Is not on the Scrutinized Companies that Boycott Israel list; and
3.Is not on the Scrutinized Companies with Activities in Sudan List; and
4.Is not on the Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List; and
5.Has not engaged in business operations in Cuba or Syria.
________________________________
Signature
________________________________
Title
________________________________
Date
8 of 8
9 OF 10
PERFORMANCE BOND
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 947-0606 Fax: (305) 949-3113
FORM OF PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That, pursuant to the requirements of Florida Statute 255.05, we,
___________________________________________________________, as Principal, hereinafter called
Contractor, and ________________________, as Surety, are bound to the City of Sunny
Isles Beach, Florida, as Obligee, hereinafter called City, in the amount of ________________________________
Dollars ($ _____________) for the payment whereof Contractor and Surety bind themselves, their heirs,
executors, administrators, successors and assigns, jointly and severally.
WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract No, awarded the
day of , 20 , with in accordance with contract documents prepared by the City
of Sunny Isles Beach, which Contract is by reference made a part hereof, and is hereafter referred to as the
Contract;
THE CONDITION OF THIS BOND is that if the Contractor:
1.Fully performs the Contract between the Contractor and the City for services described within (Bid No.
_______________) within calendar days after the date of Contract commencement as specified in the
Notice to Proceed and in the manner prescribed in the Contract; and
2.Indemnifies and pays City all losses, damages (specifically including, but not limited to, damages for
delay and other consequential damages caused by or arising out of the acts, omissions or negligence of
Contractor), expenses, costs and attorney's fees including attorney's fees incurred in appellate proceedings, that
City sustains because of default by Contractor under the Contract; and
3.Upon notification by the City corrects any and all defective or faulty Work or materials which appear within
one and one half (1 1/2) years, and:
4.Performs the guarantee of all Work and materials furnished under the Contract for the time specified in
the Contract, then this Bond is void, otherwise it remains in full force. Whenever Contractor shall be, and
declared by City to be, in default under the Contract, the City having performed City’s obligations there under, the
Surety may promptly remedy the default, or shall promptly:
4.1. Complete the Contract in accordance with its terms and conditions; or
4.2. Obtain a Bid or Bids for completing the Contract in accordance with its terms and conditions,
and upon determination by Surety of the best, lowest, qualified, responsible and responsive
Proposers, or, if the City elects, upon determination by the City, and Surety jointly of the best,
lowest, qualified, responsible and responsive Proposers, arrange for a Contract between such
Proposers and City, and make available as Work progresses (even though there should be a
default or a succession of defaults under the Contract or Contracts of completion arranged
under this paragraph) sufficient funds to pay the cost of completion less the balance of the
Contract Price; but not exceeding, including other costs and damages for which the Surety
may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance
of the Contract Price." as used in this paragraph, shall mean the total amount payable by City
to Contractor under the Contract and any amendments thereto, less the amount properly paid
by City to Contractor.
No right of action shall accrue on this Bond to or for the use of any person or corporation other than the City
named herein.
10 of 10
The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and
compliance or noncompliance with any formalities connected with the Contract or the changes do not affect
Surety's obligation under this Bond.
Signed and sealed this day of , 20 .
WITNESS: BY:
(Name of Corporation)
_________________________
Secretary
(Signature)
(CORPORATE SEAL)
(Type Name and Title Signed Above)
IN THE PRESENCE OF; INSURANCE COMPANY:
BY:
*Agent and Attorney-in-Fact
*(Power of Attorney must be attached)
(Address)
______________________________
(City/State/Zip Code)
______________________________
(Telephone)
STATE OF FLORIDA
COUNTY OF _________________________
The foregoing instrument was acknowledged before me this _____ day of __________________,
20____, by _________________________________________________________ [name of person], as
__________________________________ [type of authority], for ________________________________ [name
of party on behalf of whom instrument was executed].
AFFIX NOTARY STAMP HERE: ______________________________________
Signature: Notary Public – State of Florida
______________________________________
Print or Type Commissioned Name
Personally Known __________ OR Produced Identification __________
Type of Identification Produced ________________________________
BID BOND
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 947-0606 Fax: (305) 949-3113
STATE OF FLORIDA )
)
COUNTY OF ____________)
KNOW ALL MEN BY THESE PRESENTS, that we,_______________________________ as Principal, and
_______________________________________________________, as Surety, are held and firmly bound unto the City of Sunny Isles
Beach, a municipal corporation of the State of Florida in the sum of _______________________________ Dollars ($ __________), lawful
money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators
and successors jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying Bid dated,
______________2010 for:
______________________________________________________________________.
WHEREAS, it was a condition precedent to the submission of said Bid that a cashier’s check or Bid Bond in the amount of five percent (5%) of
the Base Bid be submitted with said Bid as a guarantee that the Proposers would, if awarded the Contract, enter into a written Contract with
the City for the performance of said Contract, within ten (10) consecutive calendar days after written notice having been given of the Award of
the Contract.
NOW, THEREFORE, the conditions of this obligation are such that if the Principal within ten (10) consecutive calendar days after written
notice of such acceptance, enters into a written Contract with the City of Sunny Isles Beach and furnishes the Performance Bond, satisfactory
to the City, each in an amount equal to one hundred percent (100%) of the Contract Price, and provides all required Certificates of Insurance,
then this obligation shall be void; otherwise the sum herein stated shall be due and payable to the City of Sunny Isles Beach and the Surety
herein agrees to pay said sum immediately, upon demand of the City, in good and lawful money of the United States of America, as liquidated
damages for failure thereof of said Principal.
IN WITNESS WHEREOF, the above bonded parties have executed this instrument under their several seals this_____________day
of________________________,20 , the name and the corporate seal of each corporate party being hereto affixed and these presents
being duly signed by its undersigned representative.
DOCUMENT CONTINUES ON NEXT PAGE
IN PRESENCE OF:
__________________________________ _________________
Individual or Partnership Principal Affix Corporate Seal
_________________________________
Business Address
_________________________________
City, State, and Zip Code
_________________________________ _______________________________
Business Telephone Business Facsimile
ATTEST:
___________________________________ ______________________________ Secretary
(Corporate Surety)*
By:
*Impress Corporate Seal
IMPORTANT
Surety companies executing bonds must appear on the Treasury Department's most current list (circular 570 as amended) and be authorized
to transact business in the State of Florida.
DECEMBER 28, 2010