HomeMy WebLinkAboutRFP 19-10-01 Bella Vista Park Dock ReconstructionCity of Sunny Isles Beach |RFP Bella Vista Park Dock Reconstruction 19-10-01 1
Request for Proposals
Bella Vista Park Dock Reconstruction
Request for Proposals No. 19-10-01
Advertisement Date: Wednesday, October, 9, 2019
Pre-Bid Conference:
All Questions Due: Monday, October 21, 2019 by 5:00 PM
Submission due date: Wednesday, November 6, 2019 at 2:30 PM
Submit to: Sunny Isles Beach Government Center
18070 Collins Avenue, 4th Floor, City Clerk
Sunny Isles Beach, Florida 33160
Thursday, October, 17, 2019 at 2:00 PM
City of Sunny Isles Beach |RFP Bella Vista Park Dock Reconstruction 19-10-01 2
TABLE OF CONTENTS
CONTENTS: PAGE #
Table of Contents………………………………………………………………………………….……..……….… Page 2
Legal Advertisement/Notice to Respondents……………………………………….……………………… Page 3
Instructions to Respondents / General Terms …………………………..……..….….… Section 1 Page 4
Special Terms and Conditions……………………………………………………………..…….. Section 2 Page 10
Technical Specifications………………………………………………………………………….... Section 3 Page 22
Response Format……………………………………………….…………..….………………….… Section 4 Page 25
Evaluation Process ……………………………………………………………….……….…..….… Section 5 Page 28
AFFIDAVITS
ATTACHMENTS
Attachment A – Electronic Code of Federal Regulations
Attachment B – Technical Drawings
Attachment C – Price Schedule
City of Sunny Isles Beach |RFP Bella Vista Park Dock Reconstruction 19-10-01 3
LEGAL ADVERTISEMENT
NOTICE TO BIDDER
NOTICE IS HEREBY GIVEN that the City of Sunny Isles Beach is seeking sealed Bids for the following
work as specified
Bella Vista Park Dock Reconstruction
Request for Proposals No. 19-10-01
The specifications for this RFP are available from DemandStar by calling (800) 711-1712 or by accessing
their website at www.demandstar.com. Proposals who obtain the specifications from sources other than
DemandStar or the City of Sunny Isles Beach are cautioned that their Bid response package may be
incomplete. Addenda will be posted and disseminated by DemandStar at least five days prior to the
submittal date to all Bidders who are listed on the official list. The City may not accept incomplete Bids.
Bids shall be on a unit price basis; segregated Bids will not be accepted. Sealed Bids will be received by
the City Clerk no later than 2:30 PM, on Wednesday, November 6, 2019 at the Sunny Isles Beach
Government Center located at 18070 Collins Avenue, 4th floor, Sunny Isles Beach, Florida, 33160. Bids
received after this time will not be considered. The City is under no obligation to return Bids. Timely
submitted Bids will be opened publicly and read aloud at this time. The envelope containing the sealed Bid
must be clearly marked:
RFP 19-10-01
Bella Vista Park Dock Reconstruction
OPENING DATE AND TIME: 2:30 PM, on Wednesday, November 6, 2019
The City reserves the right to reject any or all Bids, with or without cause, to waive technical errors and
informalities, and to accept the Bid, which best serves the interest of, and represents the best value to, the
City in conformity with the criteria set forth in Section 62-8 of the Code of Ordinances of the City of Sunny
Isles Beach.
A Non-Mandatory Pre-Bid Conference for all potential bidders is set for 2:00 PM on Thursday,
October 17, 2019 at the 1st floor Conference Room at the City of Sunny Isles Beach Government Center
located at 18070 Collins Avenue, Sunny Isles Beach, Florida 33160.
All questions regarding Request for Proposals No. 19-10-01 shall be directed in writing to Mauricio Betancur,
CMC, City Clerk, in accordance with the timeframe specified above. Questions may be submitted via email to:
MBetancur@sibfl.net or via facsimile (305) 792-1563 or via regular mail at: Mauricio Betancur, CMC, City Clerk,
City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, FL 33160. Pursuant to Florida Statutes
119.071, sealed bids, proposals or replies by an agency pursuant to a competitive solicitation are exempt from
inspection until such time as the agency provides notice of an intended decision or until thirty (30) days after
the opening of the bids, proposals, or final replies, whichever is earlier.
Mauricio Betancur, CMC, City Clerk,
City of Sunny Isles Beach
City of Sunny Isles Beach |RFP Bella Vista Park Dock Reconstruction 19-10-01 4
SECTION 1
INSTRUCTIONS TO BIDDER / GENERAL TERMS AND CONDITIONS
THESE INSTRUCTIONS ARE STANDARD FOR ALL BID COMMODITIES/SERVICES ISSUED BY THE CITY OF SUNNY ISLES BEACH. THE CITY OF SUNNY ISLES BEACH MAY DELETE,
SUPERSEDE OR MODIFY ANY OF THESE STANDARD INSTRUCTIONS FOR A PARTICULAR CONTRACT BY INDICATING SUCH CHANGE IN SPECIAL INSTRUCTIONS TO BIDDERS
OR IN THE BID SHEETS. ANY AND ALL SPECIAL CONDITIONS THAT MAY VARY FROM THE GENERAL CONDITI0NS SHALL HAVE PRECEDENCE. BIDDER AGREES THAT THE
PROVISIONS INCLUDED WITHIN THIS BID OR RFP SHALL PREVAIL OVER ANY CONFLICTING PROVISION WITHIN ANY STANDARD FORM CONTRACT OF THE BIDDER
REGARDLESS OF ANY LANGUAGE IN BIDDER’S CONTRACT TO THE CONTRARY.
1.1 CLARIFICATION/EXPLANATION/QUESTIONS:
Any questions concerning this Request for Proposals or any required
need for clarification must be made to Mauricio Betancur, CMC, City
Clerk via email to: MBetancur@sibfl.net or via facsimile (305) 792-
1563 or via regular mail at: Mauricio Betancur, CMC, City Clerk, City
of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, FL
33160. Such requests for clarification/explanation or questions must
be made in writing to Mauricio Betancur, CMC, Deputy City Clerk, at
least five (5) business days prior to the date of the Bid opening.
Interpretations or clarifications considered necessary by the City will
be issued by addenda and posted/disseminated by DemandStar
(www.demandstar.com) to all parties listed on the official plan
holders’ list as having received the Request for Bids documents. Only
questions answered by written addenda shall be binding. Oral
interpretations or clarifications shall be without legal effect. No plea
of ignorance or delay or required need of additional information shall
exempt a Respondent from submitting their submission on the
required date and time as publicly noted.
1.2 PLAN HOLDER’S LIST:
As a convenience to vendors, the City of Sunny Isles Beach has made
available via internet lists of all plan holders for each Request for
Proposal, Request for Bid, and request for qualifications. The
information is available on-line at www.demandstar.com or by calling
the Office of the City Clerk at (305) 792-1703.
1.3 ADDENDA TO SPECIFICATIONS:
If any addenda are issued after the initial specifications are released,
the City will post and disseminate the addenda through DemandStar.
For those projects with separate plans, blue prints, or other materials
that cannot be accessed through the internet, the Office of the City
Clerk will make good faith effort to ensure that all registered
proposers (those who have been registered as receiving a Bid
package) receive the documents. It is the responsibility of the
vendor prior to the submission of any Bid to check the above website
or contact the Office of the City Clerk at (305) 792-1703 to verify any
addenda issued. The receipt of all addenda must be acknowledged
on the Bid Response Sheet.
1.4 SPECIAL ACCOMMODATIONS:
Any person requiring a special accommodation at a Pre-Bid
Conference or Bid/RFP/RFQ opening because of a disability should
call the Office of the City Clerk at (305) 792-1703 at lease five (5)
days prior to the Pre-Bid Conference or Bid/RFP/RFQ opening. If you
are hearing or speech impaired, please contact the Office of the City
Clerk by calling the City of Sunny Isles Beach using the Florida Relay
Service which can be reached at 1(800) 955-8771 (TDD).
1.5 PUBLIC ENTITY CRIMES STATEMENT:
Pursuant to the provisions of paragraph (2) (a) of section 287.133,
Florida statutes -"a person or affiliate who has been placed on the
convicted vendor list following a conviction for a public entity crime
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 provided in section 287.107, for
category two for a period of 36 months from the date of being placed
on the convicted vendor list”.
1.6 BID DEADLINE:
Bids must be submitted no later than the time and date shown within
this document.
1.7 SEALED BID:
The entire Bid Response Package shall be placed in an opaque
envelope (with all items listed on the Bid checklist form and all other
items required within this Request for Bid must be executed) and
submitted in a sealed envelope.
1.8 BID EXECUTION, SIGNATURES, ERASURE/CORRECTION:
All Bids shall be signed in blue ink. All price quotes shall be
typewritten or printed with ink. All corrections made by the
proposers prior to the opening must be initialed and dated by the
proposers. No changes or corrections will be allowed after Bids are
opened. Bids must contain an original, manual signature of an
authorized representative of the company.
1.9 WITHDRAWAL OF BIDS:
Proposers may withdraw Bids only by written request and shall
forward the withdrawal request via “Certified U.S. Mail – Return
Receipt Requested” prior to the Bid opening time. Negligence on the
part of the Proposers in preparing the Bid confers no right for the
withdrawal of the Bid after it has been opened.
1.10 BID OPENING:
Bids will be opened publicly at the time and place stated in the Notice
to Bidder. It is the responsibility of the proposers to insure that the
Bid reaches the Office of the City Clerk on or before the closing hour
and date stated on the Request for Bid. After the Bid opening, the
contents of the Bid Form will be made public for the information of
vendors and other interested parties who may be present either in
person or by representative. Bids that are received after the Bid
opening time will not be considered and will not be returned.
1.11 EVALUATION OF BIDS:
The City, at its sole discretion, reserves the right to inspect any/all
Proposers facilities to determine their capability of meeting the
requirements for the Contract. Also, price, responsibility, and
responsiveness of the Proposers, the financial position, experience,
staffing, equipment, materials, references, and past history of
service to the City and/or with other units of state, and/or local
governments in Florida, or comparable private entities, will be taken
into consideration in the Award of the Contract.
1.11.1 Hold Harmless: All Proposer’s shall hold the City, it's
officials and employees harmless and covenant not to
sue the City, it's officials and employees in reference to
City of Sunny Isles Beach | RFP Bella Vista Park Dock Reconstruction 19-10-01 5
their decisions to reject, award, or not award a Bid, as
applicable.
1.11.2 Cancellation: Failure on the part of the Proposers to
comply with the conditions, specifications,
requirements, and terms as determined by the City,
shall be just cause for cancellation of the Award.
1.11.3 Disputes: If any dispute concerning a question of fact
arises under the Contract, other than termination for
default or convenience, the Contractor and the City
department responsible for the administration of the
Contract shall make a good faith effort to resolve the
dispute. If the dispute cannot be resolved by
agreement, then the department with the advice of the
City Attorney shall resolve the dispute and send a
written copy of its decision to the Contractor, which
shall be binding on both parties.
1.12 AGREEMENT:
After the Bid award, the City will, at its option, prepare an Agreement
specifying the terms and conditions resulting from the award of this
Bid. The vendor will have ten (10) calendar days after notification of
the award by the City to execute the Agreement and provide the
required Performance Bond.
The Proposers who has the Contract awarded to them and who fails
to execute the Agreement and furnish the Performance Bond and
Insurance Certificates within the specified time shall forfeit the Bid
Security that accompanied their Bid, and the Bid Security shall be
retained as liquidated damages by the City, and it is agreed that this
sum is a fair estimate of the amount of damages the City will sustain
in case the Proposers fails to enter into the Contract and furnish the
Bonds as herein before provided. Bid Security deposited in the form
of a cashier’s check drawn on a local bank in good standing shall be
subject to the same requirements as a Bid Bond.
The performance of the City of Sunny Isles Beach of any of its
obligations under the agreement shall be subject to and contingent
upon the availability of funds lawfully expendable for the purposes
of the agreement for the current and any future periods provided for
within the Bid specifications.
1.13 PAYMENTS:
Payment will be made after commodities/services have been
received, accepted, and properly invoiced as indicated in the contract
and/or purchase order. Invoices must bear the purchase order
number.
1.14 BRAND NAMES:
If a brand name, make, of any "or equal" manufacturer trade name,
or vendor catalog is mentioned whether or not followed by the words
"approved equal" it is for the purpose of establishing a grade or
quality of material only. Vendor may offer equals with appropriate
identification, samples, and/or specifications on such item(s). The
City shall be the sole judge concerning the merits of items Bid as
equals.
1.15 MATERIAL:
Material(s) delivered to the City under this Bid shall remain the
property of the seller until accepted to the satisfaction of the City.
In the event materials supplied to City are found to be defective or
do not conform to specifications, the City reserves the right to return
the product(s) to the seller at the seller’s expense.
1.16 SAMPLES:
Samples of items, when required, must be furnished by the
Proposers free of charge to the City. Each individual sample must
be labeled with the Proposers name and manufacturer's brand name
and delivered by them within ten (10) calendar days of Proposers
receipt of the “Notice to Proceed”, unless schedule indicates a
different time. If samples are requested subsequent to the Bid
opening, they should be delivered within ten (10) calendar days of
the request. The City will not be responsible for returning samples.
1.17 QUANTITY GUARANTY:
No guaranty or warranty is given or implied by the City as to the total
amount that may or may not be purchased from any resulting
Contract or Award. These quantities are for Bid purposes only and
will be used for tabulation and presentation of the Bid. The City
reserves the right to increase or decrease quantities as required,
even significantly. The prices offered herein and the percentage rate
of discount applies to other representative items not listed in this Bid.
1.18 GOVERNMENTAL RESTRICTIONS ON MATERIALS:
In the event any governmental restrictions may be imposed which
would necessitate alteration of the material quality, workmanship, or
performance of the items offered on this Bid prior to their delivery,
it shall be the responsibility of the successful Proposers to notify the
City at once, indicating in their letter the specific regulation which
required an alteration. The City of Sunny Isles Beach reserves the
right to accept any such alteration, including any price adjustments
occasioned thereby, or to cancel at no further expense to the City.
1.19 SAFETY STANDARDS:
The Proposers warrants that the product(s) supplied to the City
conforms in all respects to the standards set forth in the occupational
safety and health act (OSHA) and its amendments. Bids must be
accompanied by a materials data safety sheet (MSDS) when
applicable.
1.20 WARRANTIES:
Successful Proposers shall act as agent for the City in the follow-up
and compliance of all items under Warranty/Guaranty and complete
all forms for Warranty/Guarantee coverage under this Contract.
1.21 COPYRIGHTS/PATENT RIGHTS:
Proposers warrants that there has been no violation of copyrights or
patent rights in manufacturing, producing or selling of goods shipped
or ordered, as a result of this Bid. The seller agrees to indemnify
City from any and all liability, loss, or expense occasioned by any
such violation.
1.22 LOCAL BUSINESS TAX (OCCUPATIONAL LICENSE
REGISTRATION):
The contractor shall be responsible for obtaining and maintaining
throughout the contract period his or her city and county local
business tax receipts. Each vendor submitting a Bid on this Request
for Bid shall include a copy of the company’s local business
tax/occupational license(s) with the Bid response. For information
specific to City of Sunny Isles Beach local business tax/occupational
licenses, please call Code Enforcement & Licensing at (305) 792-
1705. If the contractor is operating under a fictitious name as
defined in Section 865.059, Florida Statutes, proof of current
registration with the Florida Secretary of State shall be submitted
with the Bid. A business formed by an attorney actively licensed to
practice law in this state, by a person actively licensed by the
Department of Business and Professional Regulations or the
Department of Health for the purpose of practicing his or her licensed
profession, or by any corporation, partnership, or other commercial
entity that is actively organized or registered with the Department of
State shall submit a copy of the current licensing from the
appropriate agency and/or proof of current active status with the
Division of Corporations of the State of Florida.
1.23 LIABILITY, INSURANCE, PERMITS AND LICENSES:
Proposers shall assume the full duty, obligation, and expense of
obtaining all necessary licenses, permits, inspections, and insurance
required. The Proposers shall be liable for any damages or loss to
the City occasioned by negligence of the Proposers (or their agent)
or any person the Proposers has designated in the completion of
their contract as a result of the Bid. Contractor shall be required to
furnish a copy of all licenses, certificates of competency or other
licensor requirements necessary to practice their profession as
required by Florida State Statute, Miami-Dade County, and City of
Sunny Isles Beach Code. Contractors shall include current Miami-
City of Sunny Isles Beach | RFP Bella Vista Park Dock Reconstruction 19-10-01 6
Dade County Certificates of Competency. These documents shall be
furnished to the City along with the Bid response. Failure to furnish
these documents or to have required licensor will be grounds for
rejecting the Bid.
1.24 CERTIFICATE(S) OF INSURANCE:
Proposers shall furnish to the Office of the City Clerk, City of Sunny
Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida 33160,
certificate(s) of insurance which indicate that insurance coverage has
been obtained from an insurance company authorized to do business
in the State of Florida or otherwise secured in a manner satisfactory
to the City, for those coverage types and amounts listed in this
document, in an amount equal to 100% of the requirements and
shall be presented to the City prior to issuance of any Contract(s) or
Award(s) Document(s). The City of Sunny Isles Beach shall be
named as "additional insured" with respect to this coverage. The
required certificates of insurance shall not only name the types of
policies provided, but shall also refer specifically to this Bid and
section. At the time of Bid submission the Proposers must submit
certificates of insurance as outlined in the General Conditions
section. All required insurances shall name the City of Sunny Isles
Beach as additional insured and such insurance shall be issued by
companies authorized to issue insurance in the State of Florida. It
shall be the responsibility of the Proposers and insurer to notify the
City Manager of the City of Sunny Isles Beach of cancellation, lapse,
or material modification of any insurance policies insuring the
Proposers, which relate to the activities of such vendor and the City
of Sunny Isles Beach. Such notification shall be in writing, and shall
be submitted to the City finance support service director thirty (30)
days prior to cancellation of such policies. This requirement shall be
reflected on the certificate of insurance. Failure to fully and
satisfactorily comply with the city's insurance and bonding
requirements set forth herein will authorize the City Manager to
implement a rescission of the Bid award without further City
Commission action. The Proposers hereby holds the City harmless
and agrees to indemnify City and covenants not to sue the City by
virtue of such rescission.
1.25 ASSIGNMENT:
The Contractor shall not transfer or assign the performance required
by this Bid without prior written consent of the City Manager. Any
award issued pursuant to the Request for Proposal and monies which
may be due hereunder are not assignable except with prior written
approval of the City Manager. Further, in the event that the majority
ownership or control of the Contractor changes hands subsequent to
the award of this contract, Contractor shall promptly notify City in
writing (via United States Postal Service – Certified Mail, Return
Receipt Requested) of such change in ownership or control at least
thirty (30) days prior to such change and City shall have the right to
terminate the contract upon sixty (60) days written notice, at City’s
sole discretion.
1.26 HOLD HARMLESS/INDEMNIFICATION:
The Contractor shall indemnify, hold harmless, and defend the City
of Sunny Isles Beach, it's officers, agents and employees from and
against any claims, demands or causes of action of whatsoever kind
or nature arising out of error, omission, negligent act, conduct, or
misconduct of the Contractor, their agents, servants or employees in
the provision of goods or the performance of services pursuant to
this Bid and / or from any procurement decision of the City including
without limitation, awarding the Contract to the Contractor.
1.27 NON-CONFORMANCE TO CONTRACT:
The City of Sunny Isles Beach may withhold acceptance of, or reject
items which are found upon examination, not to meet the
specification requirements. Upon written notification of rejection,
items shall be removed within (5) calendar days by the vendor at
their own expense and redelivered at their expense. Rejected goods
left longer than thirty (30) calendar days will be regarded as
abandoned and the City shall have the right to dispose of them as
its own property. Rejection for non-conformance or failure to meet
delivery schedules may result in the Contractor being found in
default.
1.28 DEFAULT PROVISION:
In case of default by the Proposers, the City of Sunny Isles Beach
may procure the articles or services from other sources and hold the
Proposers responsible for any excess costs occasioned or incurred
thereby.
1.29 SECONDARY/OTHER VENDORS:
The City reserves the right in the event the primary vendor cannot
provide an item(s) or service(s) in a timely manner as requested, to
seek other sources without violating the intent of the Contract.
1.30 DEFINITIONS:
Wherever used in these General Conditions or in the other Contract
Documents, the following terms shall have the meaning indicated
which shall be applicable to both the singular and plural thereof:
Acceptance: Acceptance by the City of the Work as
being fully complete in accordance with
the Contract Documents subject to
waiver of claims.
Agreement: The written Agreement between the City
and the Contractor covering the Work to
be performed, which includes the
Contract Documents.
Addenda: Written or graphic instruments issued
prior to the Bid Opening which modify or
interpret the Contract Documents,
Drawings and Specifications, by addition,
deletions, clarifications or corrections.
Approved: Means approved by the City.
Bid: The offer of the Proposers submitted on
the prescribed form setting forth the
prices for the Work to be performed.
Proposers: Any person, firm or corporation
submitting a Bid for Work.
Bonds: Bid, performance bond and other
instruments of security, furnished by the
Contractor and their surety in accordance
with the Contract Documents and in
accordance with the law of the State of
Florida.
Change Order: A written order to the Contractor signed
by the City authorizing an addition,
deletion or revision in the Work, or an
adjustment in the Contract Price or the
Contract Time issued after execution of
the Agreement.
City: City of Sunny Isles Beach, 18070 Collins
Avenue, Sunny Isles Beach, Florida
33160.
Contract Documents: Contract Documents shall include,
Instructions to Proposers, Contractor's
Bid, the Bonds, the Notice of Award, the
Agreement between the City and
Contractor as well as any addenda
thereto, these General Conditions,
Special Conditions, the Technical
Specifications, Drawings and
Modifications, Notice to Proceed,
Request for Proposal, Insurance
Certificates, Change Orders and
Acknowledgment of Conformance with
the City of Sunny Isles Beach.
City of Sunny Isles Beach | RFP Bella Vista Park Dock Reconstruction 19-10-01 7
Contract Price: The total monies payable to the
Contractor under the Contract
Documents.
Contract Time: The number of calendar days stated in
the Agreement for the completion of the
Work.
Contracting Officer: The individual who is authorized to sign
the contract documents on behalf of the
City’s governing body.
Contractor: The person, firm or corporation with
whom the City has executed this
Agreement.
Day: A calendar day of twenty-four hours
measured from midnight to the next
midnight.
Field Order: A written order issued by the City which
clarifies or interprets the Contract
Documents or orders minor changes in
the Work.
Modification: Modification means any one of the
following: (a) a written amendment of
the Contract Documents signed by both
parties, (b) a Change Order, (c) a written
clarification or interpretation if issued by
the City, or (d) a written order for minor
change or alteration in the Work issued
by the City. A modification may only be
issued after execution of the Agreement.
Notice of Award: The written notice by City to the apparent
successful Proposers stating that upon
compliance with the conditions precedent
to be fulfilled by him within the time
specified, City will execute and deliver
the Agreement to him.
Samples: Physical examples which illustrate
materials, equipment or workmanship
and establish standards by which the
Work will be judged.
Specifications: Those portions of the Contract
Documents consisting of written
technical descriptions of materials,
equipment, construction systems,
standards and workmanship as applied to
the Work.
Statement of Services: The form furnished by the City which is
to be used by the Contractor in
requesting progress payments.
Supplier: Any person or organization who supplies
materials or equipment for the Work,
including that fabricated to a special
design, but who does not perform labor
at the site.
Work: Any and all obligations, duties and
responsibilities necessary to the
successful completion of the Project
assigned to or undertaken by Contractor
under the Contract Documents, including
all labor, materials, equipment and other
incidentals, and the furnishing thereof.
Written Notice: The term “Notice” as used herein shall
mean and include all written notices,
demands, instructions, claims, approvals
and disapproval’s required to obtain
compliance with Contract requirements.
Written notice shall be deemed to have
been duly served if delivered in person to
the individual or to a member of the firm
or to an officer of the corporation for
whom it is intended, or to an authorized
representative or such individual, firm, or
corporation, or if delivered at or sent by
registered mail to the last business
address known to them who gives the
notice. Unless otherwise stated in
writing, any notice to or demand upon
the City under this Contract shall be
delivered to the City.
1.31 BID AWARD:
The City reserves the right to reject any and all Bids at its sole
discretion. Bids shall be awarded by the City after the City performs
all necessary searches, inquiries, exploration, and analysis of the
Bids. The Bid shall be awarded to the lowest responsible and
responsive proposer whose Bid best serves the interests of and
represents the best value to the City in conformity with the criteria
set forth in Section 62-8 of the City Code. No Notice of Award will
be given until the City has concluded any investigation(s) as they
deem necessary to establish the Proposer’s capability to perform the
Services as described in this RFP, ITB, RFQ or ITQ, as substantiated
by the required professional experience, client references, technical
knowledge and qualifications; and sufficient labor and equipment to
comply with the City’s established standards, as well as the financial
capability of the Proposer to perform the Work in accordance with
the Contract Documents to the satisfaction of the City within the time
prescribed. The City reserves the right to reject the Bid of any
Proposers on the basis of these queries and investigations and who
does not meet the City’s satisfaction, even though the firm may be
the lowest dollars and cents Bid. In analyzing Bids, the City will also
take into consideration client references, past work experience and
work product, proven ability to satisfactorily perform. If the Contract
is awarded, the City will issue the Notice of Award and give the
successful Proposers a Contract for execution within ninety (90) days
after opening of Bids. The City specifically reserves the right to award
the contract to a proposer who is not necessarily the lowest dollars
and cents proposers on the basis of the results of these queries and
investigation(s).
1.32 EXECUTION OF AGREEMENT:
At least four counterparts of the Agreement, the Performance Bond,
the Certificates of Insurance and such other Documents as required
by the Contract Documents shall be executed and delivered by
Contractor to the City within ten (10) calendar days of receipt of the
Notice of Award.
1.33 LAWS AND REGULATIONS:
The Contractor will give all notices and comply with all laws,
ordinances, rules and regulations applicable to the Work. If the
Contractor observes that the Specifications are at variance therewith,
they will give the City prompt written notice thereof, and any
necessary changes shall be adjusted by an appropriate modification.
If the Contractor performs any Work knowing it to be contrary to
such laws, ordinances, rules and regulations, and without such notice
to the City, they will bear all costs arising wherefrom.
1.34 TAXES:
The City of Sunny Isles Beach is exempt from sales tax imposed by
the State and/or Federal Government. Florida Sales Tax Exemption
No. 23-00-477131-54C appears on each purchase order. Exemption
certificates are available upon request.
1.35 DUTY TO DEFEND, INDEMNIFY AND SAVE HARMLESS:
In consideration of the separate sum of twenty-five dollars ($25.00)
and other valuable consideration, the Contractor shall defend,
indemnify and hold harmless the City, its officers, agents and
employees, from or on account of any injuries or damages, received
or sustained by any person or persons during or on account of any
City of Sunny Isles Beach | RFP Bella Vista Park Dock Reconstruction 19-10-01 8
operations connected with the Work described in the Contract
Documents, or by or in consequence of any negligence in connection
with the same; or by use of any improper materials or by or on
account of any act or omission of the said Contractor or his Sub-
Contractor, agents, servants or employees. The Contractor will
defend, indemnify and hold harmless the City and their agents or
employees from and against all claims, damages, losses and
expenses including attorneys' fees arising out of or resulting from
the performance of the Work, provided that any such claim damage,
loss or expense (a) is attributable to bodily injury, sickness, disease
or death, or to injury to or destruction of tangible property (other
than Work itself) including the loss of use resulting wherefrom and
(b) is caused in whole or in part by any negligent act or omission of
the Contractor, Sub-Contractor, anyone directly or indirectly
employed by any of them or anyone for whose acts any of them may
be liable, regardless of whether or not it is caused by a party
indemnified hereunder. In the event that a court of competent
jurisdiction determines that Sec. 725.06 (2), F.S. is applicable to this
Work, then in lieu of the above provisions of this section the parties
agree that Contractor shall indemnify, defend and hold harmless the
City, their officers and employees, to the fullest extent authorized by
Sec. 725.06 (2) F.S., which statutory provisions shall be deemed to
be incorporated herein by reference as if fully set forth herein. In
the event that any action or proceeding is brought against City by
reason of any such claim or demand, Contractor, upon written notice
from City shall defend such action or proceeding by counsel
satisfactory to City. The indemnification provided above shall
obligate Contractor to defend at its own expense or to provide for
such defense, at City’s option, any and all claims of liability and all
suits and actions of every name and description that may be brought
against City, excluding only those which allege that the injuries arose
out of the sole negligence of City, which may result from the
operations and activities under this Contract whether the Work be
performed by Contractor, its Sub-Contractors, or by anyone directly
or indirectly employed by either.
1.36 DECISIONS ON DISAGREEMENTS:
The City will be the initial interpreter of the Technical Specifications.
1.37 CITY MAY TERMINATE:
If the Contractor is adjudged bankrupt or insolvent, or if they make
a general assignment for the benefit of their creditors, or if a trustee
or receiver is appointed for the Contractor or for any of their
property, or if they file a petition to take advantage of any debtor’s
act, or to reorganize under bankruptcy or similar laws, or if they
repeatedly fails to supply sufficient skilled workmen or suitable
materials or equipment, or if they repeatedly fail to make prompt
payments to Sub-Contractors or for labor, materials or equipment or
they disregard laws, ordinances, rules, regulations or orders of any
public body having jurisdiction, or if they disregard the authority of
the City, of if they otherwise violate any provision of, the Contract
Documents, then the City may, without prejudice to any other right
or remedy and after giving the Contractor and the surety ten (10)
days written notice, terminate the services of the Contractor and take
possession of the Project and of all materials, equipment, tools,
construction equipment and machinery thereon owned by the
Contractor, and finish the Work by whatever method they may deem
expedient. In such case the Contractor shall not be entitled to
receive any further payment until the Work is finished. If the unpaid
balance of the Contract Price exceeds the direct and indirect costs of
completing the Project, including compensation for additional
professional services, such excess shall be paid to the Contractor. If
such costs exceed such unpaid balance, the Contractor will pay the
difference to the City. Such costs incurred by the City will be
determined by the City and incorporated in a Change Order. If after
termination of the Contractor under this Section, it is determined by
a court of competent jurisdiction for any reason that the Contractor
was not in default, the rights and obligations of the City and the
Contractor shall be the same as if the termination had been issued
pursuant to this document.
1.37.1 Where the Contractor’s services have been so
terminated by the City said termination shall not affect
any rights of the City against the Contractor then
existing or which may thereafter accrue. Any retention
or payment of moneys by the City due the Contractor
will not release the Contractor from liability.
1.37.2 Upon immediate written notice to the Contractor, the
City may, without cause and without prejudice to any
other right or remedy, elect to terminate the
Agreement. In such case, the Contractor shall be paid
for all Work executed and accepted by the City as of
the date of the termination. No payment shall be made
for profit for Work which has not been performed.
1.38 MISCELLANEOUS:
Proposers acknowledge the following miscellaneous conditions:
1.38.1 Whenever any provision of the Contract Documents
requires the giving of written notice it shall be deemed
to have been validly given if delivered in person to the
individual or to a member of the firm or to an officer of
the corporation for whom it is intended, or if delivered
at or sent by registered or certified mail, postage
prepaid, to the last business address known to them
who gives the notice.
1.38.2 The Contract Documents shall remain the property of
the City. The Contractor shall have the right to keep
one record set of the Contract Documents upon
completion of the Project.
1.38.3 The duties and obligations imposed by these General
Conditions, Special Conditions and Supplemental
Conditions and the rights and remedies available
hereunder, and, in particular but without limitation, the
warranties, guarantees and obligations imposed upon
Contractor and those in the Special Conditions and the
rights and remedies available to the City, shall be in
addition to, and shall not be construed in any way as a
limitation of, any rights and remedies available by law,
by special guarantee or by other provisions of the
Contract Documents.
1.38.4 Should the City or the Contractor suffer injury or
damage to its person or property because of any error,
omission, or act of the other or of any of their
employees or agents or others for whose acts they are
legally liable, claim shall be made in writing to the other
party within a reasonable time of the first observance
of such in jury or damage.
1.39 WAIVER OF JURY TRIAL:
City and Contractor knowingly, irrevocably voluntarily and
intentionally waive any right either may have to a trial by jury in
State or Federal Court proceedings in respect to any action,
proceeding, lawsuit or counterclaim based upon the Contract
Documents or the performance of the Work there under.
1.40 GOVERNING LAW:
The Contract shall be construed in accordance with and governed by
the law of the State of Florida.
1.41 VENUE:
Venue of any action to enforce the Contract Documents shall be in
Miami-Dade County, Florida.
1.42 ARBITRATION:
It is the intention of the parties that whenever possible, if a dispute
or controversy arises hereunder then such dispute or controversy
shall be settled by arbitration in accordance with the procedures,
rules and regulations of the American Arbitration Association. The
decision rendered by the Arbitrator shall be final and binding upon
the parties and judgment upon the award rendered by the arbitrator
may be entered in any court having jurisdiction. Arbitration shall be
held in Miami-Dade County, Florida. All costs of arbitration and
City of Sunny Isles Beach | RFP Bella Vista Park Dock Reconstruction 19-10-01 9
attorneys’ fees incurred by the parties shall be paid by the non-
prevailing party or, if neither party prevails on the whole, each party
shall be responsible for a portion of the costs of arbitration and their
respective attorneys’ fees as may be determined by the court on
confirmation.
1.43 PROJECT RECORDS:
City shall have right to inspect and copy during regular business
hours at City’s expense, the books and records and accounts of
Contractor which relate in any way to the Project, and to any claim
for additional compensation made by Contractor, and to conduct an
audit of the financial and accounting records of Contractor which
relate to the Project. Contractor shall retain and make available to
City all such books and records and accounts, financial or otherwise,
which relate to the Project and to any claim for a period of three
years following final completion of the Project. During the Project
and the three year period following final completion of the Project,
Contractor shall provide City access to its books and records upon
five days written notice.
1.44 SEVERABILITY:
If any provision of the Contract or the application thereof to any
person or situation shall to any extent, be held invalid or
unenforceable, the remainder of the Contract, and the application of
such provisions to persons or situations other than those as to which
it shall have been held invalid or unenforceable shall not be affected
thereby, and shall continue in full force and effect, and be enforced
to the fullest extent permitted by law.
1.45 INDEPENDENT CONTRACTOR:
The Contractor is an independent Contractor under the Contract.
Services provided by the Contractor shall be by employees of the
Contractor and subject to supervision by the Contractor, and not as
officers, employees, or agents of the City. Personnel policies, tax
responsibilities, social security and health insurance, employee
benefits, purchasing policies and other similar administrative
procedures, applicable to services rendered under the Contract shall
be those of the Contractor.
End of Section
City of Sunny Isles Beach | RFP Bella Vista Park Dock Reconstruction 19-10-01 10
Section 2
Special Terms and Conditions
2.1 PURPOSE OF BID
The City of Sunny Isles Beach, FL (“OWNER”) is seeking to retain a qualified “CONTRACTOR”
capable of providing all services associated with the removal of damaged sections of the original
dock located at 500 Sunny Isles Boulevard. Upon contract award, the contractor will reconstruct
dock to original configuration. New dock to consist of reusing existing pilings, constructing joists
and stringers using 2" x 6" pressure treated lumber and stainless steel hardware, 2" x 6" pressure
treated lumber decking, water lines and electric lines, lights and pedestals to service 6 slips, install
float-on kayak launching dock and stairs. The work covered by these specifications includes the
furnishing of all materials; labor, equipment, personnel and performing all operations in
connection with the services as specified herein and shown on the bid documents, along with
attached exhibits and drawings. Dock will be used for boat dockage and a kayak/canoe rental as
part of the refurbished park once completed in about 2 years. The Contractor performing work
covered by this contract shall have all applicable licenses. The Contractor shall provide shop
drawings for Building permit with the City and Derm.
The specifications included in this RFP establish the performance, quality requirements and the
minimum standards for quality of workmanship and appearance. The successful Contractor must
adhere to all requirements and regulations established by the Federal Emergency Management
Agency FEMA (Attachment A), Florida Department of Environmental Protection (DEP), the Stafford
Act and any other governmental agency with jurisdiction over response and recovery actions,
including the City’s requirements. The selected firm will be responsible for staying current with all
FEMA and other agencies guidelines and regulations. This dock repair will be submitted as a claim
to FEMA subsequent to Hurricane Irma.
2.2 PRE-BID CONFERENCE
A Non-Mandatory pre-bid conference will be held on October 17, 2019 at 2:00 PM at Sunny
Isles Beach Government Center, 18070 Collins Avenue, Sunny Isles Beach, FL 33160; 1st Floor
Conference Room to discuss the special conditions and specifications included within this
solicitation. A site walk-thru will be conducted immediately following the pre-bid conference to
allow bidders to gain familiarity with the site and the existing infrastructure.
Bidders are requested to bring this solicitation document to the conference, as additional copies
may not be available.
2.3 CONTRACT TERM
The Substantial Completion of the Project shall occur no later than sixty (60) calendar days
from date of issuance of all permits, and Final Completion shall occur no later than ninety (90)
calendar days from date of issuance of all permits.
2.4 DISCRIMINATION
City of Sunny Isles Beach | RFP Bella Vista Park Dock Reconstruction 19-07-01 11
An entity or affiliate who has been placed on the discriminatory vendor list may not submit a Bid
on a Contract to provide goods and services to a public entity, may not submit a Bid on a
Contract with a public entity for the construction or repair of a building or public work, may not
submit Bids on leases of real property to a public entity, may not award or perform work as a
contractor, supplier, subcontractor or consultant under any Contract with any public entity, and
may not transact business with any public entity.
2.5 EQUAL EMPLOYMENT OPPORTUNITY
Contractor shall not discriminate against any employee or applicant for employment because
of race, religion, age, color, sex or national origin, or physical or mental handicap, or marital
status. Contractor shall take affirmative action to ensure that applicants are employed, and
that employees are treated during their employment without regard to their race, religion,
age, color, sex or national origin, or physical or mental handicap, or marital status. Such actions
shall include, but not be limited to the following: employment, upgrading, demotion, or
transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms
of compensation; and selection for training, including apprenticeship.
2.6 PRICE
If a Proposal is awarded a contract under this solicitation, the Price shall remain fixed and firm
during the contract term. Contractor shall be responsible for mobilization and demobilization of
labor, permits, materials and equipment. Payment for mobilization and demobilization will be
included in the lump sum price indicated in the RFP. Pricing shall include such amounts, as proposer
deems proper, for all labor, materials, supplies, equipment, subcontractors, insurance, bonds,
overhead, profit and any other costs to provide the Services as noted in this Request for Proposal.
2.7 PERFORMANCE AND PAYMENT BOND
The City of Sunny Isles Beach shall require the successful proposer to furnish a Performance Bond
and Payment Bond in the amount of 100% of the total Bid Price, with the City of Sunny Isles Beach
as the Obligee, as security for the faithful performance of the Contract and for the payment of all
persons performing labor or furnishing materials in connection herewith within ten (10) calendar
days after issuance of the Notice of Award by the City. The Performance and Payment Bond shall
continue in effect through the contract term. The bonds shall be with a surety company authorized
to do business in the State of Florida and having been in business with a record of successful
continuous operation for at least five (5) years.
The Performance Bond shall guarantee all work and materials furnished under the
Contract including losses resulting from defects in the materials or improper performance
of Work under the Contract that may appear or be discovered during performance of the Work or
during any applicable warranty period after completion of all Work, and for latent defects,
during the time periods set forth in section 95.11(3)(c), Florida Statutes. The Payment Bond shall
stay in effect until the time required by section 255.05, Florida Statutes, for the making of
claims under such Bond, or when all claimants submitting valid claims have been paid, whichever
is later.
City of Sunny Isles Beach | RFP Bella Vista Park Dock Reconstruction 19-10-01 12
2.8 BID BOND
The City of Sunny Isles Beach shall require that every Bidder furnish a bid bond in the amount of
5% of the total bid price. The Bid Bond shall be countersigned by an agent of the surety company
licensed to operate in the State of Florida.
2.9 INSURANCE
2.9.1 Comprehensive General Liability Insurance
Comprehensive General Liability with minimum limits of One Million Dollars
($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and
Property Damage Liability. Coverage must be offered in a form no more restrictive than
the latest edition of the Comprehensive General Liability policy, without restrictive
endorsements, as filed by the Insurance Services Office, and shall specifically include the
following with minimum limits not less than those required for Bodily Injury Liability and
Property Damage Liability:
Premises and Operation;
Independent Contractors;
Products and/or Completed Operations Hazard;
Broad Form Property Damage;
Broad Form Contractual Coverage applicable to this specific Contract, including
any hold harmless and/or indemnification agreement.
Personal Injury Coverage with Employee and Contractual Exclusions removed, with
minimum limits of coverage equal to those required for Bodily Injury Liability and
Property Damage Liability.
2.9.2 Business Automobile Liability
Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00)
per occurrence combined single limit for Bodily Injury Liability and Property Damage
Liability. Coverage must be afforded on a form no more restrictive than the latest edition
of the Business Automobile Liability policy, without restrictive endorsements, as filed by
the Insurance Services Office, and must include:
Owned Vehicles;
Hired and Non-Owned Vehicles;
Employers’ Non-City ship.
Before starting the Work, the Bidder will file and make sure that all certificates of insurance
required by this document and by the Contract are in the City’s possession. These
certificates shall contain a provision that the coverage afforded under the policies will not
be canceled or materially changed until at least thirty (30) days prior written notice has
been given to the City by certified mail. The City shall be named as an additional insured
on the above-referenced policies.
The Bidder agrees that if any part of the Work under the Contract is sublet, they will require
the Sub-Contractor(s) to carry insurance as required, and that they will require the Sub-
City of Sunny Isles Beach | RFP Bella Vista Park Dock Reconstruction 19-10-01 13
Contractor(s) to furnish to them insurance certificates similar to those required by the City
in this section.
2.9.3 Worker’s Compensation Insurance
Worker's Compensation Insurance for statutory obligations imposed by Worker's
Compensation or Occupational Disease Laws, including, where applicable, the United States
Longshoremen's and Harbor Worker's Act, the Federal Employers’ Liability Act and the Homes
Act. Employer's Liability Insurance shall be provided with a minimum of One Hundred
Thousand and 00/100 dollars ($100,000.00) per accident. Bidder agrees to be responsible
for the employment, conduct and control of its employees and for any injury sustained by
such employees in the course of their employment
2.9.4 Environmental Pollution Insurance
The Contractor shall carry an Environmental Pollution Insurance for pollution-related
incidents, including the cost of cleaning up a site after a pollution incident, with limits not
less than $500,000.00 Dollars per occurrence with deductible not greater than
$100,000.00. An additional Form or endorsement to the Commercial General Liability
Insurance to include an Environmental Pollution Insurance coverage providing the
specified coverage, is acceptable.
2.9.5 Cancellation and Re-Insurance
If any insurance should be cancelled or changed by the insurance company or should any
insurance expire during the period of this contract, the Consultant shall be responsible for
securing other acceptable insurance to provide the coverage specified in this section to
maintain coverage during the life of this Contract. All deductibles must be declared by the
Bidder and must be approved by the City. At the option of the City, either the Bidder shall
eliminate or reduce such deductible or the Bidder shall procure a Bond, in a form
satisfactory to the City, covering the same.
NOTE: THE CITY OF SUNNY ISLES BEACH, CONTRACT NUMBER AND TITLE MUST
APPEAR ON EACH CERTIFICATE OF INSURANCE. THE CITY OF SUNNY ISLES BEACH
MUST BE SHOWN AS AN ADDITIONAL INSURED WITH RESPECT TO THIS COVERAGE.
2.10 EXAMINATION OF SITE
Each proposer shall visit the site of the proposed work before submitting a proposal and shall fully
familiarize themselves with conditions relating to construction and labor so that he or she may fully
understand the facilities, difficulties and restrictions attending the execution of work under the
Contract. It will be assumed that the Bidder has investigated and is satisfied as to the conditions
of work to be performed and materials to be furnished and shall base Bid on their own opinion of
the conditions likely to be encountered, and for the bid price must assume all risk of variance, by
whomsoever made in any computation or statement of amounts or quantities necessary to fully
complete the work in strict compliance with the Contract Documents.
Each proposer shall thoroughly examine and be familiar with the plans and specifications. The
failure or omission of any proposer to receive or examine any form, instrument, addendum or other
documents, or to visit the site and acquaint themselves with conditions there existing, shall in no
City of Sunny Isles Beach | RFP Bella Vista Park Dock Reconstruction 19-07-01 14
way relieve any proposer from any obligation with respect to their proposal or to the Contract. The
submission of a proposal shall be taken as prima facie evidence of compliance with this document.
No plea of ignorance of conditions that exist or that may hereafter exist, or of conditions or
difficulties that may be encountered in the execution of the work under this Contract, as a result
of failure to make the necessary examinations and investigations, will be accepted as an excuse
for any failure or omission on the part of the Contract to fulfill, in every detail, all of the
requirements of Contract Documents, nor will they be accepted as a basis on any claim whatsoever
for extra compensation or for any extension of time.
2.11 INTERPRETATION OF PLANS AND DRAWINGS
On all drawings, the figured dimension shall govern in case of discrepancy between the scales and
figures. The Contractor shall take no advantage of any error or omission in the Drawings or of any
discrepancy between the Drawings and Specifications. The Engineer of Record shall make
such interpretations as may be deemed necessary for the fulfillment of the intent of the Drawings
and Specifications as construed by the Engineer, and his/her decision shall be final. If there is a
discrepancy between plans and specifications, the specifications govern.
2.12 LABOR REGULATIONS
The Contractor shall fully comply with all laws and regulations concerning labor, work
hours, wage rates, labor conditions and related matters. No contractor or subcontractor contracting
for any part of the contract work which may require or involve the employment of laborers or
mechanics shall require or permit any such laborer or mechanic in any workweek in which he or
she is employed on such work to work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less than one and one-half times the basic
rate of pay for all hours worked in excess of forty hours in such workweek.
2.13 LICENSES, PERMITS AND FEES
The Contractor shall obtain and pay for all licenses, permits and inspection fees required for this
project; and shall comply with all laws, ordinances, regulations and building code requirements
applicable to the work contemplated herein. Damages, penalties and or fines imposed on the City
or the Contractor for failure to obtain required licenses, permits or fines shall be borne by the
Contractor. Contractor shall be required to furnish a certified copy of all licenses, certificates of
competency or other licensure requirements necessary to practice his profession as required by
Florida Statutes, Florida Building Code, Miami-Dade County, or City of Sunny Isles Beach Code.
These documents shall be furnished to the City along with the Bid response. Failure to furnish
these documents or to have required licensure will be grounds for rejecting the Bid as non-
responsive or otherwise. The successful Bidder shall comply with all federal, state and local
ordinances, regulations, rules and permits as well as any other laws that would apply to the services
being provided.
2.14 QUALIFICATION OF BIDDER
The Contractor will be required to show, to the complete satisfaction of the Owner, that they have
the necessary facilities, equipment, ability, and financial resources to perform the work in a
City of Sunny Isles Beach | RFP Bella Vista Park Dock Reconstruction 19-07-01 15
satisfactory manner, within the time specified, at the time of submission. No Contract will be
awarded except to responsible Contractors and businesses capable of performing the class of work
contemplated. The Contractor must be in business for at least 5 years relating to dock construction
experience and a minimum contract value of one hundred thousand ($100,000) dollars or larger.
Proposals must contain evidence of Bidder's qualification to do business in the State of Florida or
covenant to obtain such qualification prior to award of the contract . Contractor shall have all
licenses, certifications and/or permits required by Federal, State, and Local Statutes, Regulations,
and/or Ordinances for performing the Work specified in the Bid Documents at the time of RFP
submittal. Additionally, Contractor must comply with regulations, policies and codes of the City of
Sunny Isles Beach.
2.15 SUBCONTRACTORS:
If one or more subcontractors are to be used, the subcontractor must be clearly identified and
noted in the submittal when the RFP is submitted. The City must approve any changes in the use
of subcontractors in advance and in writing. No such approval will be construed as making the City
a party to such subcontract, or subjecting the City to liability of any kind to any subcontractor. N o
subcontractor will under any circumstances relieve the Respondent of its liability and obligation
under any resulting contract. Subcontractor is subject to the same contractual conditions as is the
Respondent.
The Engineer shall promptly notify the Contractor, in writing, if either the Owner or Engineer, after
due investigation, has reasonable objections to any subcontractor on said list and does not accept
them. Failure of the Owner or Engineer to make objection within three (3) weeks to any
subcontractor on the list shall constitute acceptance of such subcontractor. After acceptance, no
subcontractor shall be changed without written approval by the Owner and Engineer.
2.16 PAYMENTS
Each invoice or payment application must be accompanied by all supporting documentation and
other information reasonably requested by City, including, but not limited to a Partial Release of
Lien or Final Release of Lien as appropriate in the forms set forth in Chapter 713.20, Florida
Statutes. Reference herein to Chapter 713, Florida Statutes is for convenience, and shall not be
construed as a waiver of sovereign immunity or authority for imposition of liens against public
property. Each progress payment shall be reduced by 10% retainage. Subject to other
requirements of the Contract Documents, retainage shall be released after final completion of the
Work and City’s receipt of acceptable reports and other documentation including certification of
payment to subcontractors, if any, and a Final Release of Lien in the form set forth in Section
713.20, Florida Statutes.
A final payment invoice or application must be accompanied by written notice from Contractor that
the entire Work is completed. The City’s engineer of record will make a final inspection and notify
Contractor in writing with a punch list of all particulars in which this inspection reveals that the
Work is incomplete or defective. Contractor shall immediately take such measures as are necessar y
to complete the punch list and remedy deficiencies. Contractor’s obligation to perform and complete
the Work in strict accordance with the Contract Documents shall be absolute. The City may refuse
City of Sunny Isles Beach | RFP Bella Vista Park Dock Reconstruction 19-10-01 16
payment if (a) the Work is defective or completed Work has been damaged requiring correction or
replacement, (b) the City has been required to correct defective Work or complete Work in
accordance with the Contract Documents, or (c) because claims have been made against the City
on account of Contractor’s performance or furnishing of the Work or liens or claims have been filed
or asserted in connection with the Work or there are other items entitling the City to a set-off
against the amount due. No payment will be made for Work performed by the Contractor to replace
defective work; for work which is not shown or ordered in the Contract Documents; or additional
work performed by Contractor without prior written approval of City.
Invoices shall be supported with detailed information and mailed to:
City of Sunny Isles Beach
18070 Collins Ave, 4th Floor
Sunny Isles Beach, FL 33106
AccountsPayable@sibfl.net
2.17 TAXES
Contractor must pay all applicable sales, consumer, use and other taxes required by law. Contractor
is responsible for reviewing the pertinent state statutes involving state taxes and complying with
all requirements.
2.18 LABOR, MATERIALS, AND EQUIPMENT SHALL BE SUPPLIED BY THE CONTRACTOR
The Contractor shall furnish the following, including but not limited to, all labor, material,
equipment, barricading, Maintenance of Traffic (MOT) inclusive of any required off duty police
officers, adequate supervision, and coordination for satisfactory contract performance. When not
specifically identified in the technical specifications, such materials and equipment shall be of a
suitable type and grade for the purpose and meeting or exceeding all permit or industry standard
requirements. All material, workmanship, 100% design, testing and equipment shall be subject to
the inspection and approval of the City Manager or his designated representative for this project.
2.19 MATERIALS SHALL BE NEW AND WARRANTED AGAINST DEFECTS
The Contractor hereby acknowledges and agrees that all materials, except where recycled content
is specifically requested, supplied by the Bidder in conjunction with this solicitation and resultant
contract shall be new, warranted for their merchantability, and fit for a particular purpose. In the
event any of the materials supplied to the City by the Contractor are found to be defective or do
not conform to specifications: (1) the materials may be returned to the Contractor at the
Contractor’s expense and the contract cancelled or (2) the City may require the Contractor to
replace the materials at the Contractor’s expense. No provisions or allotments for delays or time
extensions to the schedule as a result of “defective”, unacceptable material, or reused material
found shall be granted.
In the event that material is suspected by the City of being reused or not new in original packaging,
the material may be rejected. The Contractor shall remove such material and replace it at his/her
cost and within the original schedule. No provisions or allotments for delays or time extensions to
the schedule as a result of “defective”, unacceptable material, or reused material found shall be
granted.
City of Sunny Isles Beach | RFP Bella Vista Park Dock Reconstruction 19-10-01 17
2.20 NOTIFICATION TO BEGIN WORK SHALL BE GIVEN THROUGH A NOTICE TO PROCEED
The Contractor shall neither commence any work, nor enter a City work premise, until a written
Notice to Proceed (NTP) directing the Contractor to proceed with the work has been received by
the Contractor from the City Manager; provided however, that such notification shall be superseded
by any emergency work that may be required in accordance with provisions included elsewhere in
this solicitation and resultant contract. In addition to the written NTP, the Contractor must supply
the City with the required insurance and bond documents.
2.21 ACCIDENT PREVENTION AND BARRICADES
Barricades, cones, construction fencing, temporary construction fencing and off duty police officers,
per City regulations and other relevant requirements, shall be provided by the Contractor when
work is performed in areas traversed by persons, vehicular traffic or when deemed necessary by
the City Manager at no extra cost to the City. CONTINUOUS OFF-DUTY POLICE SUPPORT SHALL
BE REQUIRED FOR ALL WORK RESULTING IN MODIFICATIONS TO THE EXISTING TRAFFIC FLOW
PATTERNS INCLUDING BUT NOT LIMITED TO LANE CLOSURES AND DETOURS OR WHERE
OTHERWISE REQUESTED BY THE CITY.
Contractor shall comply with City, State and Federal regulations and permit requirements for the
placement of the proper Traffic Control Devices. Precautions shall be exercised at all times for the
protection of persons and property. All services performed under this contract shall conform to all
relevant regulations as prescribed in the current edition of the Manual of Uniform Traffic Control
Devices (MUTCD), the Florida Department of Transportation’s Design Standards (DS) and OSHA
during the course of such effort. Where requirements vary or conflict, the more stringent shall
apply. Any fines levied by the above mentioned authorities for failure to comply with these
requirements shall be borne solely by the Contractor.
2.22 SAFETY MEASURES:
Contractor shall take all necessary precautions for the safety of employees, and shall erect
and properly maintain at all times all necessary safeguards for the protection of the
employees and the public. Contractor to follow all OSHA Safety Standards. Danger signs warning
against hazards created by his/ her operation and work in progress must be posted.
All employees of the contractor shall be expected to wear safety glasses or goggles,
appropriate clothing, and hearing protection when and wherever applicable. The contractor shall
use only equipment that is fully operational and in safe operating order. Contractor shall be
especially careful when servicing property when pedestrians and/ or vehicles are in close proximity
— work shall cease until it is safe to proceed.
2.23 DELIVERY & PROTECTION OF MATERIAL AND EQUIPMENT
All material must be F.O.B. destination. The Contractor is solely liable and responsible for the
purchase, delivery, and installation of all materials and equipment. The contractor will make all
arrangements for delivery. Contractor will be solely liable for receiving, inspecting, accepting, and
replacing any damaged materials or equipment and filing any and all claim with suppliers or
City of Sunny Isles Beach | RFP Bella Vista Park Dock Reconstruction 19-10-01 18
transporters. Contractor is responsible for the protection of all materials and equipment from
adverse weather conditions, damage, deterioration, and theft until the Work has been accepted by
the City.
2.24 CORRECTION OR REMOVAL OF DEFECTIVE WORK
If required by City, Contractor shall promptly, as directed and at its sole expense, either correct all
defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected
by City, remove it from the site and replace it with non-defective Work. Contractor shall bear all
direct, indirect and consequential costs of such correction or removal (including but not limited to
fees and charges of engineers, architects, attorneys and other professionals) made necessary
thereby.
2.25 CHANGE ORDER
The Contract may only be changed by a Change Order approved by the City. Any
increase or decrease in the Contract Price or adjustment in the Contract Time shall be based
on written notice by the Contractor delivered promptly to the City (but in no event later than
seven (7) days) after the acknowledgement or occurrence of the event giving rise to the claim
and stating the general nature of the claim. Within fourteen (14) days thereafter, notice of the
amount of the claim with all supporting data shall cover all amounts (direct, indirect and
consequential) to which the claimant is entitled as a result of the occurrence of said event. All
claims for adjustment in the Contract Price or Contract Time shall be determined by the City.
Contractor acknowledges and agrees that no claim for an adjustment in the Contract Price or
Contract Time will be valid or enforceable if not submitted in strict accordance with this
paragraph.
The value of any Work covered by a Change Order or of any claim for an increase or
decrease in the Contract Price or Contract Time shall be determined by: 1) mutual
acceptance of a lump sum (which may include an allowance for overhead and profit) or 2) by
application of unit prices contained in the Contract Documents to the quantities of the items
involved. The City shall decide, in its sole discretion, whether to issue and agree to a Change
Order, and verbal representations or instructions may not be relied upon by the Contractor.
2.26 GUARANTEES
No guarantee or warranty is given or implied by the City as to a minimum or total amount
of services that may or may not be purchased from any resulting contract or award. The
quantities and frequencies provided herein are for proposal purposes only and will be used for
tabulation and presentation of the bid. The City reserves the right to increase or decrease
service quantities and frequencies, as deemed necessary to serve the best interests of the
City.
2.27 WARRANTY SHALL BE SUPPLIED IN WRITTEN FORM
In addition to any manufacturer’s warranties, Contractor warrants and guarantees to the Town
that all work will be in strict accordance with the Contract Documents and will not be defective.
City of Sunny Isles Beach | RFP Bella Vista Park Dock Reconstruction 19-10-01 19
All defective Work, whether or not in place, may be rejected, corrected or accepted as provided
below.
2.27.1 Correcting Defects Covered Under Warranty
The Contractor shall be responsible for promptly correcting any deficiency, at no cost to
the City, within seven (7) calendar days after the City notifies the Contractor of such
deficiency in writing. If the Contractor fails to satisfy the warranty within the period
specified in the notice, the City may (a) place the Contractor in default of its contract,
and/or (b) procure the products or services from another source and charge the Contractor
for any additional costs that are incurred by the City for this work or items; either through
a credit memorandum or through invoicing.
2.27.2 Owner May Stop the Work
If the Work is defective or Contractor fails to supply sufficiently skilled workers or suitable
materials or equipment, or fails to furnish or perform the Work in such a way that the
completed Work will strictly conform to the Contract Documents, Town may order
Contractor to stop the Work, or any portion thereof, until the cause for such order has
been eliminated. However, this right of Town to stop the Work shall not give rise to any
duty on the part of Town to exercise this right for the benefit of Contractor or any other
party.
2.28 ONE YEAR CORRECTION PERIOD
In the event any work is found to be defective within one year after the date of Final Completion,
Contractor shall promptly, without cost to City and in accordance with City’s written instructions,
either correct such defective Work, or, if it has been rejected by City, remove it from the site and
replace it with non-defective Work. If Contractor does not promptly comply with the terms of such
instructions, or in an emergency where delay would cause serious risk of loss or damage, City may
have the defective Work corrected or the rejected Work removed and replaced, and all direct,
indirect and consequential costs of such removal and replacement (including but not limited to fees
and charges of engineers, architects, attorneys and other professionals) will be promptly paid by
Contractor. Nothing in this RFP or the Contract shall be construed as a limitation on any right or
remedy for breach of the Contract or defects in the Work. All rights set forth herein and in the
Contract shall be deemed cumulative and in addition to any rights or remedies which may be
afforded by Florida law.
2.29 LIQUIDATED DAMAGES FOR INCOMPLETE PROJECTS
The Contractor is obligated and guarantees to complete the Project in the time set forth in the
Contract or any approved extension of time the Contractor may be granted by the City Manager.
The Contractor will be notified in writing of any approved exceptions or extensions by the City
Manager. Failure to complete the project in accordance with the specifications and to the
satisfaction of the City within the time stated for substantial and/or final completion shall cause the
Contractor to be subject to charges for liquidated damages for each and every calendar day the
work remains incomplete beyond these deadlines. The liquidated damages amounts is five
hundred dollars ($500.00), for each calendar day.
City of Sunny Isles Beach | RFP Bella Vista Park Dock Reconstruction 19-10-01 20
As compensation due to the City for loss of use and for additional costs incurred by the City due to
such non-completion of the work, the City shall have the right to deduct the said liquidated
damages from any amount due, or that may become due to the Contractor under this agreement,
or to invoice the Contractor for such damages if the costs incurred exceed the amount due to the
Contractor.
2.30 FRAUD AND MISREPRESENTATION
The City may terminate this Contract based on any attempt by the Contractor to meet its
contractual obligations with the City through fraud, misrepresentation or material misstatement.
Should this occur the Contractor will be responsible for all direct or indirect costs associated with
termination or cancellation of the Contract.
2.31 BACKGROUND CHECKS
The successful Firm will be responsible for hiring the necessary personnel to conduct the specified
services and will comply with all federal, state, and local laws related to minimum wage, social
security, nondiscrimination, Americans with Disabilities Act (“ADA”), unemployment compensation,
and workers’ compensation. All staff assigned to this contract shall be required, at their sole cost
and expense, to pass a criminal background check prior to award of the contract. The criminal
background check shall consist of a Florida Department of Law Enforcement (“FDLE”) Florida Crime
Information Center/National Crime Information Center (“FCIC/NCIC”) criminal records check. Any
employee not meeting this requirement will not be permitted to work at any City facility.
2.32 PUBLIC RECORDS LAW
The City is subject to Chapter 119, Florida Statutes, “Public Records Law.” No claim of
confidentiality or proprietary information in all or any portion of a response will be honored unless
a specific exemption from the Public Law exists and is cited in the response. An incorrectly claimed
exemption does not disqualify the firm, only the exemption claimed. Contractor acknowledges the
public shall have access at all reasonable times, to all documents and information pertaining to
City’s 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.
To the extent that Contractor has been provided access to or has received security sensitive
information, as defined by Florida Statutes, Section 119.071 and/or has executed a Confidential
Information Acknowledgement and Agreement as part of the ITB process, Contractor shall keep
and maintain the security sensitive information as confidential and exempt from public disclosures
as required by Florida Statutes.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
SUCCESSFUL PROPOSER’S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS AGREEMENT, CONTACT THE
City of Sunny Isles Beach | RFP Bella Vista Park Dock Reconstruction 19-10-01 21
CUSTODIAN OF PUBLIC RECORDS AT CITY OF SUNNY ISLES
BEACH 18070 COLLINS AVENUE, SUNNY ISLES BEACH, FL
33160. THE CITY CLERK’S OFFICE MAY BE CONTACTED BY
PHONE AT (305) 792-1703 OR VIA EMAIL AT
MBetancur@sibfl.net.
END OF SECTION
City of Sunny Isles Beach | RFP Bella Vista Park Dock Reconstruction 19-10-01 22
Section 3
Scope of Services / Technical Specifications
3.1 SCOPE OF WORK
The City of Sunny Isles Beach, FL (“OWNER”) is seeking to retain a qualified “CONTRACTOR”
capable of providing all services associated with the removal of damaged sections of the original
dock located at 500 Sunny Isles Boulevard. Upon contract award, the contractor will reconstruct
dock to original configuration. New dock to consist of reusing existing pilings, constructing joists
and stringers using 2" x 6" pressure treated lumber and stainless steel hardware, 2" x 6" pressure
treated lumber decking, water lines and electric lines, lights and pedestals to service 6 slips,
install float-on kayak launching dock and stairs. The work covered by these specifications includes
the furnishing of all materials; labor, equipment, personnel and performing all operations in
connection with the services as specified herein and shown on the bid documents, along with
attached exhibits and drawings. Dock will be used for boat dockage and a kayak/canoe rental as
part of the refurbished park once completed in about 2 years. No power or utilities are at the site.
The selected contractor should expect to attend meetings with City staff, engineer. Contractor
should also expect to present a phased approach for permitting, planning, design and
implementation of the proposed improvements. The selected firm will be expected to assist the
City in the preparation and submittal of the appropriate regulatory permitting associated with the
replacement of the docks. No public restrooms onsite, Contractor will need to bring a portable.
The project will be carried out into two phases:
Phase one:
Contractor shall remove and dispose of all old dock sections and miscellaneous
equipment. Contractor shall remove old sections of the dock and leave piling in place.
Second Phase:
Contractor shall provide shop drawings for permitting and installation of the new dock at
Bella Vista Park. Piling shall be cleaned and reused. Dock substructure shall be 2” x 6”
pressure treated lumber connected with 5/8” stainless steel bolts and hardware. Floating
dock shall be manufactured by AccuDock, model KD12x16 for kayak launching and include
a walkway for access. Pedestal services shall be EATON lighthouse power pedestal,
30A/30A, 30A/30A, 20A service with water hookups.
3.2 REQUIREMENTS OF THE CONTRACTOR
Contractors interested in performing these services must exhibit considerable relevant experience
with this type of work, and should emphasize both experience and capability of particular personnel
who will actually perform the work. Contractors should demonstrate that they have experience
working with docks reconstruction, preferably for government. Contractor will be responsible for
assisting with final DERM permit application to be submitted. Contractor must have at least (5)
years of dock construction experience over the past 10 years of similar size, nature
City of Sunny Isles Beach | RFP Bella Vista Park Dock Reconstruction 19-10-01 23
and complexity as requested within this RFP, with a construction amount exceeding $200,000
and provide evidence of same using the Project Verification Form provided herein.
3.3 CITY ENGINEER
All communications and correspondence shall be directed to the City Engineer and appointed
project manager.
3.4 DESIGNATED PERSONNEL
The Contractor shall designate the personnel according to the organization chart submitted along
with proposal, indicating who will be assigned specifically to the performance of this work. At the
time of negotiation for entry into a formal contract, the City shall have the right to specify those
key project personnel for whom the successful firm assigns to the project. Contractor shall not be
allowed to substitute other personnel without prior written permission of the City Manager.
3.5 STORAGE
A. The Contractor shall be responsible for providing satisfactory storage facilities which are
acceptable to the Engineer.
B. The Contractor shall be responsible for the maintenance and protection of all equipment,
materials, and products placed in storage and shall bear all costs of storage, preparation for
transportation, transportation, rehandling, and preparation for installation.
C. Unless otherwise permitted in writing by the Engineer, building products and materials such as
cement, grout, plaster, gypsum-board, particleboard, resilient flooring, acoustical tile, paneling,
finish lumber, insulation, wiring, etc., shall be stored indoors in a dry location. Building products
such as rough lumber, plywood, concrete block, and structural tile may be stored outdoors under
a properly secured waterproof covering.
D. Tarps and other coverings shall be supported above the stored equipment or materials on
wooden strips to provide ventilation under the cover and minimize condensation. Tarps and covers
shall be arranged to prevent ponding of water.
3.6 DISCREPANCIES FROM PLANS
If the Contractor, in the course of work, finds any discrepancy between the drawings and the
physical conditions of the locality, or any errors or omissions in drawings or in layout as given by
points and instructions, it shall be his duty to immediately inform the Engineer, in writing, and the
Engineer shall promptly verify the same. Any work done after such discovery, until authorized, shall
be done at the Contractor's risk.
City of Sunny Isles Beach | RFP Bella Vista Park Dock Reconstruction 19-10-01 24
3.7 AS-BUILT RECORDS
A complete set of as-built records shall be kept by the Contractor at the job site. These records
shall show all items of construction and equipment which differ in size, shape or location from
those shown on the Contract drawings, also any additional work, existing features or utilities
revealed by construction work which are not shown on the Contract drawings. These records shall
be kept up to date daily. They may be kept on a marked set of Contract drawings to be furnished
the Contractor for this purpose, or in any other form which is approved prior to the beginning of
the work. They shall be available at all times during construction for reference by the Engineer,
and shall be delivered to the Engineer prior to pre-final inspection.
3.8 ON-SITE WORK HOURS
Except as provided herein, no person or entity shall operate construction tools and equipment
except between the following hours:
A. Standard time: 7:00 a.m. to 5:00 p.m. Monday through Friday
B. Prohibited acts: No construction activities shall take place on Sunday and on the following
holidays: New Year's Day, Fourth of July, Labor Day, Yom Kippur, Thanksgiving Day, and Christmas
Day. As it is the City's desire to expedite this project to the extent possible, the City will permit
extended work hours in most cases following a written request by the Contractor.
3.9 CLEAN-UP
All unusable materials and debris shall be removed from the premises at the end of each workday,
and disposed of in an appropriate manner. No equipment, material, debris, trailers or other items
may be stored in any location outside of the provided construction easements without written
approval from the City and the property owner. Upon final completion, the Contractor shall
thoroughly clean up all areas where work has been involved as mutually agreed with the City.
Damage to Public and/or Private Property: Extreme care shall be taken by Contractor to safeguard
all existing facilities, site amenities, utilities, irrigation systems on or around the job site. Damage
to public and/or private property shall be the responsibility of the Contractor and shall be repaired
and/or replaced by Contractor at no additional cost to the City. The Contractor shall use all means
to protect existing objects, structures and vegetation designated to remain. In the event of
damage, the Contractor shall immediately make all repairs, replacements and dressings to
damaged materials, to the approval of the City, at no additional cost to the City.
END OF SECTION
City of Sunny Isles Beach | RFP Bella Vista Park Dock Reconstruction 19-07-01 25
Section 4
Response Format
4.0 FORMAT
Submittals shall be submitted in duplicate. Submit one (1) original, four (4) copies and one (1)
electronic copy of the submittal on USB Drive or CD. All required signatures shall be manual, in
blue ink of an authorized representative who has the legal authority to bind the CONTRACTOR in
contractual obligations. Each page of the bid should state the name of the CONTRACTOR, the bid
number, and the page number. The City reserves the right to request additional data or material
to support bid. All material submitted in response to the RFP will become the property of the City.
LABEL EACH SECTION AS NUMBERED
The proposal must be in the following format at the time of submittal:
1. Company Information
In response to this Proposal, all Contractors must provide the following:
Name of Agency/Company (including any "Doing Business As" names)
Company Location(s)
Internet Web Site Address (if any)
Details of Entity Business Structure (Corporation, Partnership, LLC)
Date Founded
Office address and telephone number, email address
List of any outstanding litigation that would threaten the viability of the firm or
the performance of this contract
Proof of insurance
Proposer must submit a copy of Florida Division of Corporations Sunbiz report
with your company registered as active.
W9
2. Qualifications
Proposer’s relevant experience, qualifications and past performance
An explanation of why the Contractor is the best qualified to perform the
contract, include General Contractor’s license.
Provide a brief introduction letter highlighting the overall experience and
qualifications of the Respondent with respect to the services requested under this
Solicitation. Project list demonstrating this minimum experience and shall include,
at a minimum: the project, date of completion, base contract amount, number and
amount of change orders, if any, the name, address, and phone number of the
owner or owner’s representative familiar with the work. Specifically list any
projects, either complete or underway, that are located in Miami-Dade, Broward
or Palm Beach, Florida Counties.
City of Sunny Isles Beach | RFP Bella Vista Park Dock Reconstruction 19-10-01 26
3. Staffing
Relevant experience and qualifications of key personnel, including key personnel of
subcontractors, that will be assigned to this project and experience and qualifications of
subcontractors
•The size and experience of the company staff pool from which staff assigned to
the management contract can be drawn
The composition of the staff team that will be assigned to the contract, their
function in the company.
The name of the person who will be responsible for the coordination of work.
Each proposal must identify the name(s) and address(es) of all Subcontractors,
suppliers and other persons and organizations including those who are to furnish
the principal items of material and equipment. If requested by City after Bid
Opening and before Award, the successful bidder shall submit to City additional
detail on any or all Subcontractors or Suppliers including without limitation,
pertinent information regarding similar projects, and other evidence of qualification
for each such Subcontractor, Supplier, other persons or organization.
4.Approach / Methodology
Proposers approach methodology to providing the services requested in this solicitation
Suitability of the methodologies and approaches used in achieving tasks
Work plan explaining how they intend on meeting the established deadlines.
5.References
Each Proposer must submit contact information to three (3) references of Current and Past
Customers, preferably government agencies of which they have provided services similar
in scope and size of those described herein. No staff at the City of Sunny Isles Beach shall
be listed as a reference.
The City retains the right to request any additional information pertaining to the
Contractor’s ability, qualifications, and procedures used to accomplish all work under the
contract as it deems necessary to ensure safe and satisfactory work.
6.Corporate Standing and Authorized Signatory
Respondent must demonstrate that the company is in good standing and that the person
signing this submittal is an Authorized Signatory on behalf of the respondent to sign bids,
proposals, negotiate and/or sign contracts, agreements, amendments and related
documents to which the respondent will be duly bound. The respondent must provide a
copy of the State Certificate of good standing listing the officers of the company. If the
signatory is not one of the officers listed on the State Certificate, the respondent must
provide one of the following forms of evidence of Signatory Authority with its response:
City of Sunny Isles Beach | RFP Bella Vista Park Dock Reconstruction 19-10-01 27
a.A copy of a resolution listing the members of staff as authorized signatories for the
firm; and
b.A letter from a corporate officer listing the members of staff that are authorized
signatories for the firm.
7.Litigation History
CONTRACTOR shall provide a summary of any 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 against or involving any public entity. The
summary shall state the nature of the litigation or arbitration, a brief description of the
case, the outcome or projected outcome, and the monetary amounts involved. The CITY
may disqualify any CONTRACTOR it determines to be excessively litigious.
8.Forms and Attachments
Enclosed Forms;
Respondent must complete, sign as required, and submit the Addenda and all forms
Firm’s Current Certificate(s) of Insurance; and attach a financial statement including
bidder’s latest balance sheet and income statement.
END OF SECTION
City of Sunny Isles Beach | RFP Bella Vista Park Dock Reconstruction 19-07-01 28
SECTION 5
Evaluation Process
5.1 Review of Proposals for Responsiveness
Each proposal will be reviewed to determine if the proposal is responsive to the submission
requirements outlined in the solicitation. A responsive proposal is one which follows the
requirements of this solicitation that includes all documentation, is submitted in the format outlined
in this solicitation, is of timely submission, and has the appropriate signatures as required on each
document. Failure to comply with these requirements may result in the proposal being deemed
non-responsive. The City reserves the right to select the Contractor who represents the best value,
and to accept or reject any proposal submitted in response to this solicitation.
EVALUATION METHOD AND CRITERIA
The City will consider the following factors below in evaluating the qualifications of the bidders:
1. Previous experience with dock construction/ repair projects. Contractor to include
if they have any experience working with FEMA.
2. Firm possesses all appropriate Contractors and professional licenses required to
do business in the State of Florida.
3. i.The ability, capacity, skill, and organization of the Contractor to perform and
support the needs and objectives within the scope of work as proposed.
ii.The character, integrity, reputation, judgment, experience of Contractor.
iii.The schedule and availability of the Contractor; to include response time.
iv.Financial stability.
v. The Current and projected workload of the Contractor; to include current
contracts with other government entities.
4. Price Schedule
5.2 Price Evaluation
The price proposal should include all components of specifications provided. It shall be evaluated
subjectively in combination with the qualifications provided, including an evaluation of how well it
matches Contractor’s understanding of the City’s needs described in this solicitation, the
Contractor’s assumptions, and the value of the proposed services. The pricing evaluation is used
as part of the evaluation process. The City reserves the right to negotiate the final terms, conditions
and pricing of the contract as may be in the best interest of the City.
5.3 Negotiations
The City may award a contract on the basis of initial offers received, without discussions. Therefore,
each initial offer should contain the Contractor’s best terms from a monetary and technical
standpoint.
City of Sunny Isles Beach | RFP Bella Vista Park Dock Reconstruction 19-10-01 29
Notwithstanding the foregoing, if the City and said Contractor cannot reach agreement on a
contract, the City reserves the right to terminate negotiations and may, at the City Manager’s or
designee’s discretion, begin negotiations with the next lowest responsible and responsive
Contractor. This process may continue until a contract acceptable to the City has been executed
or all proposals are rejected. No Contractor shall have any rights against the City arising from such
negotiations or termination thereof.
Any Contractor recommended for negotiations must provide to the City:
a)Its most recent financial statements as of a date not earlier than the end of the Contractor’s
preceding official tax accounting period. A copy of the most recent business income tax return
will be accepted if financial statements are unavailable.
b)Information concerning any prior or pending litigation, either civil or criminal, involving a
governmental agency or which may affect the performance of services to be rendered herein,
in which the Contractor, any of its employees or subcontractors is or has been involved within
the last three years.
5.4 DISCUSSIONS & PRESENTATIONS
The short-listed contractor’s may be requested to make presentations to the City. The City
may require additional information after evaluation of the submittals that does not affect the overall
competition of the procurement, the contractor shall agree to furnish such information upon
the City’s request. Hence, proposals should be initially submitte d on the most complete and
favorable terms which contractors are capable of offering to the City. Contractors shall be accorded
fair and equal treatment with respect to any opportunity for discussion and revision of proposals.
END OF SECTION
City of Sunny Isles Beach | RFP Bella Vista Park Dock Reconstruction 19-10-01 30
BID FORM 1
DELIVER TO:
City of Sunny Isles Beach
City Clerk
18070 Collins Avenue
Sunny Isles Beach, FL 33160
OPENING: 2:30 P.M.
Wednesday, November 6,
2019
PLEASE QUOTE PRICES, LESS TAXES, FOR THE
CITY OF SUNNY ISLES BEACH, FLORIDA
NOTE: City of Sunny Isles Beach is exempt from all taxes (Federal, State, and Local). Bid price should be
less all taxes. Tax Exemption Certificate furnished upon request.
Issued by: Purchasing Agent
GENESIS CUEVAS
Date Issued:
10/9/2019
This Bid Submittal Consists of
Pages 31+
Sealed RFPs are subject to the Terms and Conditions of this Request for Proposal and the accompanying
Bid Submittal. Such other contract provisions, specifications, drawings or other data as are attached or
incorporated by reference in the Bid Submittal, will be received at the office of the City Clerk at the address
shown above until the above stated time and date, and at that time, publicly opened for furnishing the
supplies or services described in the accompanying Bid Submittal Requirement.
RFP 10-01-01
BELLA VISTA PARK DOCK RECONSTRUCTION
PROCUREMENT AGENT: FIRM NAME:
GENESIS CUEVAS
________________________________________
COMMODITY CODE(S):
RETURN ONE ELECTRONIC COPY (FLASHDRIVE OR CD) ONE ORIGINAL AND FOUR COPIES OF BID
SUBMITTAL PAGES AND AFFIDAVITS
FAILURE TO SIGN PAGE 32 OF SECTION 4 BID SUBMITTAL WILL RENDER YOUR BID NON-
RESPONSIVE
City of Sunny Isles Beach | RFP Bella Vista Park Dock Reconstruction 19-10-01 31
Bid Title: Bella Vista Park Dock Reconstruction
THE UNDERSIGNED BIDDER PROPOSES AND AGREES, IF THIS BID IS ACCEPTED, TO ENTER
INTO AN AGREEMENT WITH THE CITY OF SUNNY ISLES BEACH TO PERFORM AND FURNISH
ALL WORK AS SPECIFIED OR INDICATED IN THE CONTRACT DOCUMENTS FOR THE CONTRACT
PRICE AND WITHIN THE CONTRACT TIME INDICATED IN THIS BID AND IN ACCORDANCE
WITH THE OTHER TERMS AND CONDITIONS OF THE CONTRACT DOCUMENTS.
The Bidder accepts all of the terms and conditions of the RFP and Instructions to Bidders, including without
limitation those dealing with the disposition of Bid Security. This Bid will remain subject to acceptance for
90 days after the day of Bid opening. The Bidder agrees to sign and submit the Agreement and other
documents required by this RFP within ten days after the date of the City’s Notice of Award.
IN SUBMITTING THIS RFP, THE BIDDER REPRESENTS, AS MORE FULLY SET FORTH IN THE
AGREEMENT, THAT:
The Bidder has familiarized himself/herself with the nature and extent of the Contract Documents,
Work, site, locality, and all local conditions and Law and Regulations that in any manner may affect
cost, progress, performance, or furnishing of the Work.
The Bidder has given the City written notice of all conflicts, errors, discrepancies that it has discovered
in the Contract Documents and the written resolution thereof by City is acceptable to the Bidder.
This RFP is genuine and not made in the interest of or on behalf of any undisclosed person, firm or
corporation and is not submitted in conformity with any agreement or rules of any group, association,
organization, or corporation; the Bidder has not directly or indirectly induced or solicited any other
Bidder to submit a false or sham Bid; the Bidder has not solicited or induced any person, firm or
corporation to refrain from Bidding; and Bidder has not sought by collusion to obtain for itself any
advantage over any other Bidders or over the City.
The Contractor understands and agrees that the Bid is for unit prices to furnish and install individual Work
Items for maintenance and/or repair work, complete in place. Estimates are provided for the purpose of
Bid evaluation and to establish unit prices for individual Work Items for maintenance and/or repair work to
be contracted by the City under individual Purchase Orders, based on the unit prices established under this
Bid.
The City and the successful Bidder will establish completion times for each individual Work Item and the
successful Bidder agrees that the work will be completed within the time frames agreed upon and
stipulated in the individual Purchase Orders and/or Notice to Proceed.
Exact Legal Company Name: ______________________________________________________________
Business Name (dba), if any: ______________________________________________________________
Street Address: __________________________________________________________________________
Mailing Address (if different): ________________________________________________________________
City of Sunny Isles Beach | RFP Bella Vista Park Dock Reconstruction 19-10-01 32
Telephone No.: ______________________________________________________
Fax No.: ___________________________________________________________
Email Address: ______________________________________________________
FEIN No.: __________________________________________________________
*By signing this document the bidder agrees to all Terms
Authorized Signature: ________________________________________________
Print Name: ________________________________________________________
Title: ______________________________________________________________
THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF BIDDER TO BE
BOUND BY THE TERMS OF ITS BID. FAILURE TO SIGN THIS SOLICITATION WHERE
INDICATED ABOVE BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE BID NON-
RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY BID THAT
INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE BIDDER TO THE
TERMS OF ITS OFFER.
City of Sunny Isles Beach | RFP Bella Vista Park Dock Reconstruction 19-10-01 33
BID FORM 2
QUESTIONNAIRE
Contractor to list projects of similar project scope fulfilling the following qualification
requests:
1. List Project Management Personnel, include resumes. Personnel cannot be changed
without written approval.
* Principal in charge
* Project Manager
2. How many years has your organization been in business as a General Contractor?
3. List minimum of two (2) previous similar dock projects, preferably from a public entity.
Include: Project Name, Owner, Project Address, Contact person, Phone, Contract Amount,
Date of Completion and Description of Work.
4. Have you personally inspected the proposed work, are there any concerns that may
impede your performance on this project?
5. Will you subcontract any part of this work? If so, give details such as the subcontractor
name, address, phone number and type of work to be performed. Also, indicate the
percentage of the total work to be performed by the subcontractor.
City of Sunny Isles Beach | RFP Bella Vista Park Dock Reconstruction 19-10-01 34
6.What equipment will you purchase for the proposed work?
7. Have you ever completed a public works project or marine project in Dade County,
Florida? If so please provide project description, contract/project number, and final contract
price.
8. The business is a (sole proprietorship) (partnership) (corporation) and name of owner:
9. Are there any exceptions to any of the terms in this RFP, and outline what, if any,
alternative is being offered.
City of Sunny Isles Beach | RFP Bella Vista Park Dock Reconstruction 19-10-01 35
10.Each Proposer must submit a list of three (3) references of Current and Past Customers,
preferably government agencies of which they have provided services similar in scope and
size of those described herein:
CONTRACTOR MUST ATTACH LICENSES, SUCH AS GENERAL CONTRACTOR’S LICENSE, TRAININGS AND
CERTIFICATIONS OF CONTRACTOR AND SUBCONTRACTORS AND THE COMPANY’S CURRENT FINANCIAL
STATEMENTS.
City of Sunny Isles Beach | RFP Bella Vista Park Dock Reconstruction 19-10-01 36
BID FORM 3
ADDENDA ACKNOWLEDGEMENT
INSTRUCTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES
PART I:
LIST BELOW ARE THE DATES OF ISSUE FOR EACH ADDENDUM RECEIVED IN CONNECTION WITH THIS
ITB
Addendum #1, Dated
Addendum #2, Dated
Addendum #3, Dated
Addendum #4, Dated
Addendum #5, Dated
Addendum #6, Dated
Addendum #7, Dated
Addendum #8, Dated
PART II:
NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS ITB
FIRM NAME: __________________________________________________________________________
SIGNATURE: ______________________________________________
TITLE: __________________________________________
City of Sunny Isles Beach | RFP Bella Vista Park Dock Reconstruction 19-10-01 37
DATE: ________________
ATTACHMENT A
ELECTRONIC CODE OF FEDERAL REGULATIONS
e-CFR data is current as of January 6, 2017
Title 2 → Subtitle A → Chapter II → Part 200
Title 2: Grants and Agreements
Procurement Standards
§200.318 General procurement standards.
(a) The non-Federal entity must use its own documented procurement procedures which reflect
applicable State, local, and tribal laws and regulations, provided that the procurements conform to
applicable Federal law and the standards identified in this part.
(b) Non-Federal entities must maintain oversight to ensure that contractors perform in accordance with
the terms, conditions, and specifications of their contracts or purchase orders.
(c)(1) The non-Federal entity must maintain written standards of conduct covering conflicts of interest
and governing the actions of its employees engaged in the selection, award and administration of
contracts. No employee, officer, or agent may participate in the selection, award, or administration of a
contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a
conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate
family, his or her partner, or an organization which employs or is about to employ any of the parties
indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered
for a contract. The officers, employees, and agents of the non-Federal entity may neither solicit nor accept
gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. However,
non-Federal entities may set standards for situations in which the financial interest is not substantial or
the gift is an unsolicited item of nominal value. The standards of conduct must provide for disciplinary
actions to be applied for violations of such standards by officers, employees, or agents of the non-Federal
entity.
(2) If the non-Federal entity has a parent, affiliate, or subsidiary organization that is not a state, local
government, or Indian tribe, the non-Federal entity must also maintain written standards of conduct
covering organizational conflicts of interest. Organizational conflicts of interest means that because of
relationships with a parent company, affiliate, or subsidiary organization, the non-Federal entity is
City of Sunny Isles Beach | RFP Bella Vista Park Dock Reconstruction 19-10-01 38
unable or appears to be unable to be impartial in conducting a procurement action involving a related
organization.
(d) The non-Federal entity's procedures must avoid acquisition of unnecessary or duplicative items.
Consideration should be given to consolidating or breaking out procurements to obtain a more
economical purchase. Where appropriate, an analysis will be made of lease versus purchase alternatives,
and any other appropriate analysis to determine the most economical approach.
(e) To foster greater economy and efficiency, and in accordance with efforts to promote cost-effective
use of shared services across the Federal Government, the non-Federal entity is encouraged to enter into
state and local intergovernmental agreements or inter-entity agreements where appropriate for
procurement or use of common or shared goods and services.
(f) The non-Federal entity is encouraged to use Federal excess and surplus property in lieu of purchasing
new equipment and property whenever such use is feasible and reduces project costs.
(g) The non-Federal entity is encouraged to use value engineering clauses in contracts for construction
projects of sufficient size to offer reasonable opportunities for cost reductions. Value engineering is a
systematic and creative analysis of each contract item or task to ensure that its essential function is
provided at the overall lower cost.
(h) The non-Federal entity must award contracts only to responsible contractors possessing the ability to
perform successfully under the terms and conditions of a proposed procurement. Consideration will be
given to such matters as contractor integrity, compliance with public policy, record of past performance,
and financial and technical resources. See also §200.213 Suspension and debarment.
(i) The non-Federal entity must maintain records sufficient to detail the history of procurement. These
records will include, but are not necessarily limited to the following: rationale for the method of
procurement, selection of contract type, contractor selection or rejection, and the basis for the contract
price.
(j)(1) The non-Federal entity may use a time and materials type contract only after a determination that
no other contract is suitable and if the contract includes a ceiling price that the contractor exceeds at its
own risk. Time and materials type contract means a contract whose cost to a non-Federal entity is the
sum of:
(i) The actual cost of materials; and
(ii) Direct labor hours charged at fixed hourly rates that reflect wages, general and administrative
expenses, and profit.
(2) Since this formula generates an open-ended contract price, a time-and-materials contract provides
no positive profit incentive to the contractor for cost control or labor efficiency. Therefore, each
City of Sunny Isles Beach | RFP Bella Vista Park Dock Reconstruction 19-07-01 39
contract must set a ceiling price that the contractor exceeds at its own risk. Further, the non-Federal
entity awarding such a contract must assert a high degree of oversight in order to obtain reasonable
assurance that the contractor is using efficient methods and effective cost controls.
(k) The non-Federal entity alone must be responsible, in accordance with good administrative practice
and sound business judgment, for the settlement of all contractual and administrative issues arising out
of procurements. These issues include, but are not limited to, source evaluation, protests, disputes, and
claims. These standards do not relieve the non-Federal entity of any contractual responsibilities under
its contracts. The Federal awarding agency will not substitute its judgment for that of the non-Federal
entity unless the matter is primarily a Federal concern. Violations of law will be referred to the local,
state, or Federal authority having proper jurisdiction.
[78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19, 2014; 80 FR 43309, July 22, 2015]
§200.319 Competition.
(a) All procurement transactions must be conducted in a manner providing full and open competition
consistent with the standards of this section. In order to ensure objective contractor performance and
eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements,
statements of work, or invitations for bids or requests for proposals must be excluded from competing
for such procurements. Some of the situations considered to be restrictive of competition include but
are not limited to:
(1) Placing unreasonable requirements on firms in order for them to qualify to do business;
(2) Requiring unnecessary experience and excessive bonding;
(3) Noncompetitive pricing practices between firms or between affiliated companies;
(4) Noncompetitive contracts to consultants that are on retainer contracts;
(5) Organizational conflicts of interest;
(6) Specifying only a “brand name” product instead of allowing “an equal” product to be offered and
describing the performance or other relevant requirements of the procurement; and
(7) Any arbitrary action in the procurement process.
(b) The non-Federal entity must conduct procurements in a manner that prohibits the use of statutorily
or administratively imposed state, local, or tribal geographical preferences in the evaluation of bids or
proposals, except in those cases where applicable Federal statutes expressly mandate or encourage
geographic preference. Nothing in this section preempts state licensing laws. When contracting for
architectural and engineering (A/E) services, geographic location may be a selection criterion provided
its application leaves an appropriate number of qualified firms, given the nature and size of the project,
to compete for the contract.
(c) The non-Federal entity must have written procedures for procurement transactions. These
procedures must ensure that all solicitations:
(1) Incorporate a clear and accurate description of the technical requirements for the material, product,
or service to be procured. Such description must not, in competitive procurements, contain features
which unduly restrict competition. The description may include a statement of the qualitative nature of
the material, product or service to be procured and, when necessary, must set forth those minimum
City of Sunny Isles Beach | RFP Bella Vista Park Dock Reconstruction 19-07-01 40
essential characteristics and standards to which it must conform if it is to satisfy its intended use. Detailed
product specifications should be avoided if at all possible. When it is impractical or uneconomical to make
a clear and accurate description of the technical requirements, a “brand name or equivalent” description
may be used as a means to define the performance or other salient requirements of procurement. The
specific features of the named brand which must be met by offers must be clearly stated; and
(2) Identify all requirements which the offerors must fulfill and all other factors to be used in evaluating
bids or proposals.
(d) The non-Federal entity must ensure that all prequalified lists of persons, firms, or products which are
used in acquiring goods and services are current and include enough qualified sources to ensure maximum
open and free competition. Also, the non-Federal entity must not preclude potential bidders from
qualifying during the solicitation period.
[78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19, 2014]
§200.320 Methods of procurement to be followed.
The non-Federal entity must use one of the following methods of procurement.
(a) Procurement by micro-purchases. Procurement by micro-purchase is the acquisition of supplies or
services, the aggregate dollar amount of which does not exceed the micro-purchase threshold (§200.67
Micro-purchase). To the extent practicable, the non-Federal entity must distribute micro-purchases
equitably among qualified suppliers. Micro-purchases may be awarded without soliciting competitive
quotations if the non-Federal entity considers the price to be reasonable.
(b) Procurement by small purchase procedures. Small purchase procedures are those relatively simple
and informal procurement methods for securing services, supplies, or other property that do not cost
more than the Simplified Acquisition Threshold. If small purchase procedures are used, price or rate
quotations must be obtained from an adequate number of qualified sources.
(c) Procurement by sealed bids (formal advertising). Bids are publicly solicited and a firm fixed price
contract (lump sum or unit price) is awarded to the responsible bidder whose bid, conforming with all the
material terms and conditions of the invitation for bids, is the lowest in price. The sealed bid method is
the preferred method for procuring construction, if the conditions in paragraph (c)(1) of this section apply.
(1) In order for sealed bidding to be feasible, the following conditions should be present:
(i) A complete, adequate, and realistic specification or purchase description is available;
(ii) Two or more responsible bidders are willing and able to compete effectively for the business; and
(iii) The procurement lends itself to a firm fixed price contract and the selection of the successful bidder
can be made principally on the basis of price.
(2) If sealed bids are used, the following requirements apply:
City of Sunny Isles Beach | RFP Bella Vista Park Dock Reconstruction 19-07-01 41
(i) Bids must be solicited from an adequate number of known suppliers, providing them sufficient
response time prior to the date set for opening the bids, for local, and tribal governments, the invitation
for bids must be publicly advertised;
(ii) The invitation for bids, which will include any specifications and pertinent attachments, must define
the items or services in order for the bidder to properly respond;
(iii) All bids will be opened at the time and place prescribed in the invitation for bids, and for local and
tribal governments, the bids must be opened publicly;
(iv) A firm fixed price contract award will be made in writing to the lowest responsive and responsible
bidder. Where specified in bidding documents, factors such as discounts, transportation cost, and life
cycle costs must be considered in determining which bid is lowest. Payment discounts will only be used
to determine the low bid when prior experience indicates that such discounts are usually taken
advantage of; and
(v) Any or all bids may be rejected if there is a sound documented reason.
(d) Procurement by competitive proposals. The technique of competitive proposals is normally conducted
with more than one source submitting an offer, and either a fixed price or cost-reimbursement type
contract is awarded. It is generally used when conditions are not appropriate for the use of sealed bids. If
this method is used, the following requirements apply:
(1) Requests for proposals must be publicized and identify all evaluation factors and their relative
importance. Any response to publicized requests for proposals must be considered to the maximum
extent practical;
(2) Proposals must be solicited from an adequate number of qualified sources;
(3) The non-Federal entity must have a written method for conducting technical evaluations of the
proposals received and for selecting recipients;
(4) Contracts must be awarded to the responsible firm whose proposal is most advantageous to the
program, with price and other factors considered; and
(5) The non-Federal entity may use competitive proposal procedures for qualifications-based
procurement of architectural/engineering (A/E) professional services whereby competitors'
qualifications are evaluated and the most qualified competitor is selected, subject to negotiation of fair
and reasonable compensation. The method, where price is not used as a selection factor, can only be
used in procurement of A/E professional services. It cannot be used to purchase other types of services
though A/E firms are a potential source to perform the proposed effort.
(e) [Reserved]
(f) Procurement by noncompetitive proposals. Procurement by noncompetitive proposals is procurement
through solicitation of a proposal from only one source and may be used only when one or more of the
following circumstances apply:
(1) The item is available only from a single source;
(2) The public exigency or emergency for the requirement will not permit a delay resulting from
competitive solicitation;
City of Sunny Isles Beach | RFP Bella Vista Park Dock Reconstruction 19-07-01 42
(3) The Federal awarding agency or pass-through entity expressly authorizes noncompetitive proposals in
response to a written request from the non-Federal entity; or
(4) After solicitation of a number of sources, competition is determined inadequate.
[78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19, 2014; 80 FR 54409, Sept. 10, 2015]
§200.321 Contracting with small and minority businesses, women's business enterprises, and labor
surplus area firms.
(a) The non-Federal entity must take all necessary affirmative steps to assure that minority businesses,
women's business enterprises, and labor surplus area firms are used when possible.
(b) Affirmative steps must include:
(1) Placing qualified small and minority businesses and women's business enterprises on solicitation
lists;
(2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever
they are potential sources;
(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit
maximum participation by small and minority businesses, and women's business enterprises;
(4) Establishing delivery schedules, where the requirement permits, which encourage participation by
small and minority businesses, and women's business enterprises;
(5) Using the services and assistance, as appropriate, of such organizations as the Small Business
Administration and the Minority Business Development Agency of the Department of Commerce; and
(6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in
paragraphs (1) through (5) of this section.
§200.322 Procurement of recovered materials.
A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors
must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation
and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines
of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of
recovered materials practicable, consistent with maintaining a satisfactory level of competition, where
the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding
fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes
energy and resource recovery; and establishing an affirmative procurement program for procurement of
recovered materials identified in the EPA guidelines.
[78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19, 2014]
§200.323 Contract cost and price.
(a) The non-Federal entity must perform a cost or price analysis in connection with every procurement
action in excess of the Simplified Acquisition Threshold including contract modifications. The method and
City of Sunny Isles Beach | RFP Bella Vista Park Dock Reconstruction 19-07-01 43
degree of analysis is dependent on the facts surrounding the particular procurement situation, but as a
starting point, the non-Federal entity must make independent estimates before receiving bids or
proposals.
(b) The non-Federal entity must negotiate profit as a separate element of the price for each contract in
which there is no price competition and in all cases where cost analysis is performed. To establish a fair
and reasonable profit, consideration must be given to the complexity of the work to be performed, the
risk borne by the contractor, the contractor's investment, the amount of subcontracting, the quality of its
record of past performance, and industry profit rates in the surrounding geographical area for similar
work.
(c) Costs or prices based on estimated costs for contracts under the Federal award are allowable only to
the extent that costs incurred or cost estimates included in negotiated prices would be allowable for the
non-Federal entity under Subpart E—Cost Principles of this part. The non-Federal entity may reference its
own cost principles that comply with the Federal cost principles.
(d) The cost plus a percentage of cost and percentage of construction cost methods of contracting must
not be used.
§200.324 Federal awarding agency or pass-through entity review.
(a) The non-Federal entity must make available, upon request of the Federal awarding agency or pass-
through entity, technical specifications on proposed procurements where the Federal awarding agency or
pass-through entity believes such review is needed to ensure that the item or service specified is the one
being proposed for acquisition. This review generally will take place prior to the time the specification is
incorporated into a solicitation document. However, if the non-Federal entity desires to have the review
accomplished after a solicitation has been developed, the Federal awarding agency or pass-through entity
may still review the specifications, with such review usually limited to the technical aspects of the
proposed purchase.
(b) The non-Federal entity must make available upon request, for the Federal awarding agency or pass-
through entity pre-procurement review, procurement documents, such as requests for proposals or
invitations for bids, or independent cost estimates, when:
(1) The non-Federal entity's procurement procedures or operation fails to comply with the procurement
standards in this part;
(2) The procurement is expected to exceed the Simplified Acquisition Threshold and is to be awarded
without competition or only one bid or offer is received in response to a solicitation;
(3) The procurement, which is expected to exceed the Simplified Acquisition Threshold, specifies a “brand
name” product;
(4) The proposed contract is more than the Simplified Acquisition Threshold and is to be awarded to other
than the apparent low bidder under a sealed bid procurement; or
(5) A proposed contract modification changes the scope of a contract or increases the contract amount
by more than the Simplified Acquisition Threshold.
City of Sunny Isles Beach | RFP Bella Vista Park Dock Reconstruction 19-07-01 44
(c) The non-Federal entity is exempt from the pre-procurement review in paragraph (b) of this section if
the Federal awarding agency or pass-through entity determines that its procurement systems comply with
the standards of this part.
(1) The non-Federal entity may request that its procurement system be reviewed by the Federal awarding
agency or pass-through entity to determine whether its system meets these standards in order for its
system to be certified. Generally, these reviews must occur where there is continuous high-dollar funding,
and third party contracts are awarded on a regular basis;
(2) The non-Federal entity may self-certify its procurement system. Such self-certification must not limit
the Federal awarding agency's right to survey the system. Under a self-certification procedure, the Federal
awarding agency may rely on written assurances from the non-Federal entity that it is complying with
these standards. The non-Federal entity must cite specific policies, procedures, regulations, or standards
as being in compliance with these requirements and have its system available for review.
§200.325 Bonding requirements.
For construction or facility improvement contracts or subcontracts exceeding the Simplified
Acquisition Threshold, the Federal awarding agency or pass-through entity may accept the
bonding policy and requirements of the non-Federal entity provided that the Federal awarding
agency or pass-through entity has made a determination that the Federal interest is adequately
protected. If such a determination has not been made, the minimum requirements must be as follows:
(a) A bid guarantee from each bidder equivalent to five percent of the bid price. The “bid guarantee” must
consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument
accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute such
contractual documents as may be required within the time specified.
(b) A performance bond on the part of the contractor for 100 percent of the contract price. A
“performance bond” is one executed in connection with a contract to secure fulfillment of all the
contractor's obligations under such contract.
(c) A payment bond on the part of the contractor for 100 percent of the contract price. A “payment bond”
is one executed in connection with a contract to assure payment as required by law of all persons
supplying labor and material in the execution of the work provided for in the contract.
§200.326 Contract provisions.
The non-Federal entity's contracts must contain the applicable provisions described in Appendix II to Part
200—Contract Provisions for non-Federal Entity Contracts Under Federal Awards.
Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards
In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made
by the non-Federal entity under the Federal award must contain provisions covering the following, as
applicable.
City of Sunny Isles Beach | RFP Bella Vista Park Dock Reconstruction 19-07-01 45
(A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the
inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative,
contractual, or legal remedies in instances where contractors violate or breach contract terms, and
provide for such sanctions and penalties as appropriate.
(B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-
Federal entity including the manner by which it will be effected and the basis for settlement.
(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that
meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the
equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246,
“Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended
by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment
Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor.”
(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation,
all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a
provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented
by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts
Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must
be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified
in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay
wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage
determination issued by the Department of Labor in each solicitation. The decision to award a contract or
subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity
must report all suspected or reported violations to the Federal awarding agency. The contracts must also
include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as
supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on
Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”).
The Act provides that each contractor or sub-recipient must be prohibited from inducing, by any means,
any person employed in the construction, completion, or repair of public work, to give up any part of the
compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected
or reported violations to the Federal awarding agency.
(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts
awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or
laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by
Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must
be required to compute the wages of every mechanic and laborer on the basis of a standard work week
City of Sunny Isles Beach | RFP Bella Vista Park Dock Reconstruction 19-07-01 46
of 40 hours. Work in excess of the standard work week is permissible provided that the worker is
compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in
excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction
work and provide that no laborer or mechanic must be required to work in surroundings or under working
conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the
purchases of supplies or materials or articles ordinarily available on the open market, or contracts for
transportation or transmission of intelligence.
(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the
definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or sub -recipient
wishes to enter into a contract with a small business firm or nonprofit organization regarding the
substitution of parties, assignment or performance of experimental, developmental, or research work
under that “funding agreement,” the recipient or sub-recipient must comply with the requirements of 37
CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued
by the awarding agency.
(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-
1387), as amended—Contracts and sub-grants of amounts in excess of $150,000 must contain a provision
that requires the non-Federal award to agree to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution
Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding
agency and the Regional Office of the Environmental Protection Agency (EPA).
(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR
180.220) must not be made to parties listed on the government-wide exclusions in the System for Award
Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive
Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment
and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise
excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other
than Executive Order 12549.
(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding
$100,000 must file the required certification. Each tier certifies to the tier above that it will not and has
not used Federal appropriated funds to pay any person or organization for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, officer or employee of Congress,
or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any
other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds
that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier
to tier up to the non-Federal award.
(J) See §200.322 Procurement of recovered materials.
City of Sunny Isles Beach | RFP Bella Vista Park Dock Reconstruction 19-07-01 47
[78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75888, Dec. 19, 2014]
City of Sunny Isles Beach | RFP Bella Vista Park Dock Reconstruction 19-07-01 48
ATTACHMENT B
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FOUND NAIL&DISKCIA,CURBillE-`0,-:•/' :'„.: :: ,.:,,,- •:. ..-::,,,,t.,,,,,,,,/,.• in:ii,ii R. x- c> .I. l i 7,1_.,,,- (7‘2„;.'i; ..•/, '.. ,, : i•-/-1:6,/<:-/. y:i::44:::,..6, p::::::: ., l'. ..-1 • : : LB3653 (12/22/04) o ct.x
0b, I .. I riv,,,...s..-.. ,... ,'/, :,/, -,„.y....3./,.,- v, ,-, , ,zi. -, , ,,?,-.4 . '.,/ -,.:iM(-5,6 o' I I FOUND NAIL& DISK 4,. 45 'fr.T*4 "
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7 , , : .Fit.itm.„\A,r -,,./44 ,...-,:„,.,.., ./. y.7T,r,- AINE).171).-.L) ''PIP.',. .-' ,.-1 :,' '-,1-..‹•411/..11;11.:::::::::::::' r"1:1.M1.:::: e:','1 bi NORTHEAST CORNER LEGAL DESCRIPTION:IN WATER 4e''-- 54 /-.'/;;;'..;•/-;-‘ /<</7,/-`, ,/ .'/;', .--e/:, ',/"; /:•;;•-`7 .».' .--/.. ' ).-1.,0,l'; ::::: :::' t:::;:: .. - ;tcP f.X.11, ' . P:::::: OF LOT 22
I••4 i24
SOUTH RIGHT-OF-WAY LINE 1 I y,„' i,v„,-'-/-'../,, /-, „, , •;/,,•`, -',›•/' ./> ‘,IX).-.6/:, ]::: :::,AS OF (12/22/04)1 OF EAST SUNNY ISLES BOU EVARD i,
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BLOotok225,0,1sIpaangde 24, aonfdthVeistpaullpsilicanRd,
e title and interest of C) Z (I) 8
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BACKFLOW:•••:-.:... " cSoenicsonodf RDeavdiseedcoPutanttyófRBorEidLIAa. Also allaSilUBthDeIVIrSiglOhNt,
as recorded in Plat
I,G.,,H.T„.C.),:,-VVAY MAP 87170-2517 SHEET 2 OF 8 ,t I I '
4;''
tr- ge. .. MONT Or *Ay ,,,.. eA iiE.LECTRICAL STA,lE ROAC RIGHT''--.A ADSIV 1ii,i 1 t: . 1;.!.gPANIEL 87170- 2617, sHEET'..2 •AY-Y8.1--• ‘,114,r4If
the Grantors and predecessor in title, Edward k Griffin
theandGertrudeLNeumann, his wife, if anYelne end ;to. the,-following described property, which includes ae.e..,„,
Ae
iii' Portion of the foregoing described p reperty to wit: Beginning at a point on the Northeast corner of Lot 22,I-;,-if-.,,-.,''''.....°°---;'-''-llz'' ' -u;::::.;,...,- ,
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r. 5 • -ii of the Second Revised Plat of BE LLA VISTA SUBDIVISION, recorded in Plat Book 50, Page 76, Public Records
afl.P.e.:Mte,,,Grifpo,„...,,his_wife, anci, Olt? G. Neumann
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f> ''.--'-' ":,..". ,.,'•:.',.. :,--- ,r'.t' '.1-4?,E,mAt4Rote.71,-,,--R-o.o-4‹,-.2s"'"---- i'V''' of Dade County, Florida, proceed North 86'0r50" West for a distance of 220.90 feet to a point on the
4..:5: ',::::..-. ;•>• '-/fg' !.:'' x I I '\;., East right of way line of the Intracoastal Waterway, as shown on the above mentioned plot; thence proceed
Lei'OVERHEAD BRIDGE'''''' 1"x:'-,:,0:¡:'.,'*:*'¡'"".:'elf.mtivbr-:,.,:t-§-0-6e,,,,,::::,::::¡::::0:::::x::::::::],::::,,,,,:::::,:: 1:::";:r ,:.,<'''.;SUPPORT 5 A. South 03'2529" East for a distance Of 170.24 feet to a point; thence proceed South 70°22'27" East for a
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distance of 165.39 feet to a point; thence run North 14.3525" East for a distance of 216.62 feet to a
I 44 < .
8...,44 en7 .• 1,..• •....• ...._.• ,,..:‘,...„...:..i. ...6,o;, 11,.r;...,.'.; . .; ',;T.O.P•oF - '-' -..:. .1':";"':-,-,"';::,:,,',,•::::::::::::.:.,::::: ::g.' 74t:: ::::0,];.„ „„,,:,,:. , , E X.?,:, ,,, ' - .„,„.,..., ,- ,,....„i ...... 1:::... , --,•imii,,4*, t. 4.• point of beginning. Said land being set forth in the Second Revised Plat of BELLA VISTA SUBDIVISION, as
cs /
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t.,4,. .x. . -"BANK Y'',',•*.':: ::::•;:::0;M:;:j;]:',:::',=:6...:::::::: : ::: :: ::::::,s' \ ":::::.m::::;„ • • -,.::.::::,;:„.. st/ re-1
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ii, oli). . . - . . , ..4...e07 - r " ....-....,. .;.,.:. ,,,,,,i.,i::A-,..izve,,,,,,,:::::,..:.,, --...-_..7, -7.,_....____ ....... .......(i'',',... ' ""'''''"::"":'.ii:••,,:,::::::::::*:,,,,,,-,- recorded in Plat Book 50 at Page 76, Public Records of Dade County, Florida. The property is commonly
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ZIE.3.0'. - known as 500 Sunny Isles Blvd., Sunny Isles, Florida,
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FOUND NA &DISK SURVEYOR'S NOTES: W 001:,::::,:.:, ...,„v •-,:::::,...,:::;:.,¡::-
I.D. NOT VISIBLE (5/24/04)C‘1
1 . , CL 9i, 11:11:,11] C:1 110.„ : 1
This site lies in Section 14, Township 52 South, Range 42 East, City of Sunny Isles Beach,
x •-•'''',:,:--::::;::::%R%:; i4,,?...: :,,,i,„:.3 E CA ' 0-'lviiami-Dade County, Florida.
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LOCATED) i:imi:.-.,,i,,,„;.....;',
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1 ! 0. o 0 . =.:', •'..? .' ,..; '::......':,... RN z.„,.,..:..„w X- All documents are recorded in the Public Records of Miami-Dade County, Floridaix• ; ' ; ' '; ;' ; • • . '. •.° 'lli NO BUILDINGS) 4v.- unless otherwise noted.P4 8 to fn. z •. .r,3: w.-.6,9,.;. . . . . . ...;-- s........,, '..,,. `,...: ,•-. ;::;: 0., z9. 0 Ca . , *, .....1 • ;R:..41:r AS OF 11/10/10) ---/ .. ''';:'rtP- - - "•-i,
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iip : • . . Lands shown hereon were abstracted for easements and/or rights-of-way of records per First
American Title Insurance Company Commitment No. FA-C-Ncs-92175-FTL with an effective date 1"6•4 C-)
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of April 26, 2004. All easements and or rights of way of record per title commitment that4,,,VI WV xY)LIT I z* L.,., "1-.dit1/41 L. A. ,
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a.& :"::::::*... S.'..5 ... are plottable are shown on this "Boundary Survey".e. e •. '. `. '. '. '. •. '. '. '. '. .'. •
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1..lt•Ce-' 1 : ueee. e: recorded in Plat Book 5OPage 76.
NO EASEMENTS SHOWN ON PLATW--.- ----- iee.:: ' I.".: 4' •'`el:'':10 Ordinance Na, 80-13 recorded in O.R.B. 10702, Page 1615.e- Lu d WW
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Affects parcel but not subject to location. CC
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Nl::: ::.11 State of Florida Department of Transportation Right of Way Resolution for 0441 ocoi4.,---4 ,8il.'`,?-1- 'l''"'''''':.":y.:'''' Y'''''--,Fr'd" l-::kl-V,';--i , ' ':;:ig:.:- : wat co oi:::: ,,..csi _1c:: :a.o aii•';"::-Es"E',. -'-..' Primary Road Projects recorded in O.R.B. 11888, Page 2454.
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12 Easement granted to Florida Power & Light Company, recorded in O.R.B. 14683,
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ASPHALTPAVEMENT-\\ r "1..).'1 . .. ..7jGATe11'!,541-1*Page 276. D oit..m.... . .....,
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cp.........of Miami-Dade County, Florida, unless otherwise indicated.
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cc LIJ4 :;:•:t.,4 w. 5 ....,Bearings hereon are referred to an cssumed value of N86°07'51''W for the North line of
CO ee. IF4N44414112
ie) :::: Lot 22, and evidenced by one (1) Farad Nail & Disk and one (1) 1/2" Pipe & Cap (Both
being LB3653).s-A i :: zec›.0'< e',/ Ob,,,,,,
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49,..,...:;--- M;;M:Elevations shown hereon are relative lo the National Geodetic Vertical Datum of 1929, 1Lu ,7-,..„...:
I-- Jo>...1-.-. :A, based on Miami-Dade County Bench leiark Na. E-314-R, Elevation +8.68, located onese:'"-l ' i"..
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November 8, 2010 West of the intersection of NE 163rd Street and North Bay Road.
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Lands shown hereon are located Within an area having a Zone Designation AE (EL 8) & AiE20;(
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by the Federal Emergency Management Agency (FEMA), on Flood Insurance Rate Map No
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for Community No. 120688, dated September 11, 2009, and index map revised September 11, 20)
01492,
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and is relative to the National Geodetic: Vertical Datum of 1929.
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Dimensions indicated hereon are field reeasured by electronic measurement, unless otherwise noted.
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SURVEYOR'S CERTIFICATION:
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AS SHOWN ON PLAT BOOK 50, PAGE 76)
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021933FOUNDNAIL& DISK , IN WATER I. ,, "
Not valid without the signature and the original raisediASOF (12/22/04)
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seal of a Florida Licensed Surveyor and Mapper"
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1 PROPERTY LINE AAI 4,ci .!.. -;- Aiie State of Florida 040914
o -AS SHOWN ON PLAT BOOK 50, PAGE 76 "---...„,;..„,,*(6;t. .741.- '..:.., siBLZ 41 Dn. No.
2004-105 aocc0"/
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1 of 1ii,
City of Sunny Isles Beach | RFP Bella Vista Park Dock Reconstruction 19-10-01 49
ATTACHMENT C
PRICING SCHEDULE
BASE BID SCHEDULE
Item Quantity Unit Unit Price Total Price
Mobilization 1 LS
Remove and dispose of existing dock sections and miscellaneous
equipment 1 LS
Prepare shop drawings, permit application and secure permit 1 LS
Clean and reuse existing piles w/ caps 50 EA
Piling trim and bumpers 24 EA
Dock Substructure Joists 1300 LF
Dock Substructure Stringers 3200 LF
Dock Decking 3100 SF
Floating Dock 12'x16'1 EA
Power and water Pedestals 6 EA
Electric to pedestals 200 LF
Water to pedestals 260 LF
Cleats 52 EA
Site Utilities 1 LS
General Conditions 1 LS
Bonds and Insurance 1 LS
Permit Fees 1 LS $1,000.00
Overhead and Profit 1 LS
TOTAL $
RFP 19-10-01 Bella Vista Park Dock Reconstruction
City of Sunny Isles Beach | RFP Bella Vista Park Dock Reconstruction 19-10-01 50
AFFIDAVITS
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
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
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
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
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: . 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 _____________________________________, 2019.
_________________________________ _________________________________
AFFIANT Print or Type Name and Title
Sworn to and subscribed before me this _____ day of ______________________, 2019.
Personally Known ________ OR
Produced Identification ________; Type of Identification _________________________
__________________________________
NOTARY PUBLIC STATE OF FLORIDA
DECEMBER 28, 2010
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
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
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
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,
______________2019 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.
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.