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HomeMy WebLinkAboutRTQ 22-10-01 REQUEST TO QUALIFY CANOPY AND AWNING (1) City of Sunny Isles Beach |Request to Qualify No. 22-10-01 1 REQUEST TO QUALIFY Goods & Services CANOPY AND AWNING SERVICES ON AN AS-NEEDED BASIS REQUEST TO QUALIFY NO. 22-10-01 RELEASE DATE: WEDNESDAY, OCTOBER 12, 2022 ALL QUESTIONS DUE: All questions will be answered via addendum posted to DemandStar. NO LATER THAN OCTOBER 21, 2022 AT 5:00 PM IN WRITING TO PURCHASING@SIBFL.NET DUE DATE FOR PROPOSALS: NO LATER THAN NOVEMBER 2, 2022 BY 11:00 AM SUBMIT SEALED PROPOSALS TO: Envelope must clearly provide your firm’s name, phone # and contact information and must be labeled with the RFP # and name. CITY OF SUNNY ISLES BEACH GOVERNMENT CENTER OFFICE OF THE CITY CLERK 18070 COLLINS AVENUE, 4TH FLOOR SUNNY ISLES BEACH, FLORIDA 33160 ONLINE SUBMITTALS ARE NOT ACCEPTED City of Sunny Isles Beach |Request to Qualify No. 22-10-01 2 TABLE OF CONTENTS PAGE NO. TABLE OF CONTENTS 2 LEGAL ADVERTISEMENT/NOTICE TO BIDDER 3 INSTRUCTIONS TO BIDDER / GENERAL TERMS 4 SPECIAL TERMS & CONDITIONS 9 SCOPE OF WORK / TECHNICAL SPECIFICATIONS 15 EVALUATION PROCESS 26 PROPOSAL FORMAT 19 BID SUBMITTAL FORM 23 EXHIBIT A – FEDERAL PROCUREMENT GUIDELINES EXHIBIT B – PICTURES OF AWNINGS THROUGHOUT THE CITY AFFIDAVITS NON-COLLUSIVE AFFIDAVIT PUBLIC ENTITY CRIMES EQUAL OPPORTUNITY / AFFIRMATIVE ACTION STATEMENT CONFLICT OF INTEREST STATEMENT DISPUTE DISCLOSURE FORM ANTI-KICKBACK AFFIDAVIT ANTI-BOYCOTT CERTIFICATION E-VERIFY AFFIDAVIT BYRD ANTI-LOBBYING CERTIFICATION BUY AMERICA City of Sunny Isles Beach |Request to Qualify No. 22-10-01 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. CANOPY AND AWNING SERVICES- AS NEEDED REQUEST TO QUALIFY NO. 22-10-01 The Bid Specifications for this Request to Qualify are available from DemandStar by calling (800) 711-1712 or by accessing their website at www.demandstar.com. The Bid Specifications may also be examined at the City of Sunny Isles Beach – Office of the City Clerk. Vendors who obtain the Bid 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 vendors who are listed on the official list. The City may not accept incomplete Bids. Sealed submittals will be received by the City Clerk no later than Wednesday, November 2, 2022 at 11:00 AM at the Sunny Isles Beach Government Center located at 18070 Collins Avenue, 4th floor, Sunny Isles Beach, Florida, 33160. The City is under no obligation to return Submittals. Responses will be publicly opened and firm names and bid totals are read aloud at that time. The envelope containing the sealed RTQ must be clearly marked: CANOPY AND AWNING SERVICES - AS NEEDED RTQ No. 22-10-01 OPENING DATE AND TIME: WEDNESDAY, NOVEMBER 2, 2022 BY 11:00 AM The City reserves the right to reject any or all submittals, with or without cause, to waive technical errors and informalities, and to accept the submittal determined to be in the best interest of the City. Potential and actual proposers shall not solicit or otherwise communicate in any manner whatsoever, directly or indirectly, with the City Council, City Manager, evaluation committee members, or City staff, other than Purchasing Division personnel, regarding this RTQ from the time of the RTQ initial release through the award. Potential and actual proposers shall not solicit or otherwise communicate in any manner whatsoever, directly or indirectly, with the City Council, City Manager, evaluation committee members, or City staff, other than Purchasing Division personnel, regarding this RFP from the time of the RFP initial release through the award. This RTQ is being solicited in accordance with the Procurement Requirements for Federal grants, as provided for in Title 2 Code of Federal Regulations (CFR) Part 200 as detailed in EXHIBIT A. All questions regarding this RFP shall be directed in writing to Purchasing by OCTOBER 21, 2022 AT 5:00 PM. Questions must be submitted via email to: Purchasing@sibfl.net. 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 |Request to Qualify No. 22-10-01 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 CONDITIO0NS SHALL HAVE PRECEDENCE. BIDDER AGREES THAT THE PROVISIONS INCLUDED WITHIN THIS BID OR RTQ 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 the Bid Specifications or any required need for clarification must be addressed to Purchasing at Purchasing@sibfl.net by the date mentioned above. 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 Bid 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 Proposers from submitting their Bid 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 to Qualify, Request for Proposal, and Invitation to Bid. 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/RFP/RTQ 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/RFP/RTQ 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 to Qualify 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 to Qualify. 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 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 City of Sunny Isles Beach |Request to Qualify No. 22-10-01 5 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 to Qualify 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- 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 City of Sunny Isles Beach |Request to Qualify No. 22-10-01 6 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 to Qualify 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 to Qualify, Insurance Certificates, Change Orders and Acknowledgment of Conformance with the City of Sunny Isles Beach. 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 City of Sunny Isles Beach |Request to Qualify No. 22-10-01 7 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, RFP, RTQ 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 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. City of Sunny Isles Beach |Request to Qualify No. 22-10-01 8 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 ten (10) days 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 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 Contract. City of Sunny Isles Beach |Request to Qualify No. 22-10-01 9 Section 2 Special Terms and Conditions 2.1 PURPOSE OF RTQ: Through this Request to Qualify (“RTQ”), the City of Sunny Isles Beach (“the City”) is seeking to establish a pool of pre-qualified vendors that are capable to permit, design, manufacture, install and/or repair canopies and awnings citywide- on an as needed basis. Contractor shall provide all labor, materials, and related items necessary to design, furnish, install or remove awning systems. Entry into the pre-qualification pool is not a contract between the City of Sunny Isles Beach and any member of the pool, but rather is an acknowledgment that the pool member satisfies the pre-qualification criteria set forth below. Pre-qualified vendors will be invited to participate in future spot market competitions. The pool shall remain open for the term of the RTQ, enabling vendors to qualify at any time after the initial RTQ opening date. In the event of a hurricane or disaster, certain job orders may be funded Federal Emergency Management Agency (FEMA). Therefore, the awarded Vendors shall comply with the Federal Requirements more particularly set forth in Section 2.7. Vendors in the Pool will be invited to participate in spot market competitions, as needed. The spot market competition will be in the form of an Invitation to Quote or Work Order Proposal Request that will include the specific goods and/or services required. To participate in the pool for future job order competitions, the vendor must select which Group they are applying for: Group A - Furnish, Repair, Replace, and Install Canopies Group B - Furnish, Repair, Replace, and Install Awnings 2.2 TERM The pre-qualification pool will begin upon the fully executed contract following by the City Commission, or designee, unless otherwise stipulated in the Notice of Qualification Letter. This is contingent upon the completion and submittal of all required RTQ documents. The pre-qualification pool shall expire on the last day of the last month of the five (5) year period. During the term of the RTQ the City reserves the right to add and/or delete pre-qualified vendors. 2.3 DEFINITIONS Invitation to Quote (ITQ) – Shall refer to the solicitation of quotes from the Pool for specific goods and/or services; and awarded based on lowest price, or other quantifiable criteria. Prequalified Pool of Vendors (Pool) – Shall refer to business entities/individuals determined by the City as meeting the minimum standards of business, competence, financial ability, and/or product quality or placement in the Pool, and which may submit a quote or proposal, at the time of need. City of Sunny Isles Beach |Request to Qualify No. 22-10-01 10 Vendor – Shall refer to a business entity/individual responding to this RTQ Submittal – Shall refer to all information, attachments and forms submitted in response to this RTQ. Work Order Proposal Request (WOPR) – Shall refer to the solicitation of offers from the Prequalified Pool of Vendors for specific goods and/or services; and evaluated and awarded based on best value. 2.4 MINIMUM QUALIFICATION CRITERIA This RTQ contains Minimum Qualification Requirements (MQRs) which the Vendor must meet for the Vendor to be considered responsive. Vendors must meet the following minimum qualifications at the time of submittal: The qualifications are as follows: A. Vendor shall have a minimum of three (3) years’ experience in providing awning services to commercial clients. B. Vendors must provide three (3) references for which similar scope have been performed within the last three (3) years. C. Vendor(s) shall hold one of the following licenses: Miami-Dade County Canvas Awning Contractor; Metal Awning and Storm Shutters Contractor; Miscellaneous Metals Contractor; General Contractor; Building Contractor or State of Florida Specialty Structure. A copy of the license shall be provided with the Submittal. All requested documentation and/or information shall be provided in the sealed submittal to confirm that the Proposer has satisfied the qualifications criteria in order to be properly evaluated as listed herein. Proposers failing to meet these requirements shall be deemed non-responsive. 2.5 LIQUIDATED DAMAGES Failure to complete an awarded project, in accordance with the a work order and to the satisfaction of the City within the time stated therein, shall result in liquidated damages being assessed. The Awarded Vendors shall be subject to an assessment of liquidated damages in the amount of $100.00 minimum, for each and every calendar day the work remains incomplete 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 said liquidated damages from any amount due or that may become due to the Awarded Vendor(s) under this agreement or to invoice the Awarded Vendor(s) for such damages if the costs incurred exceed the amount due to the Awarded Vendor(s). 2.6 PRICE The cost an awarded project shall remain fixed and firm at the original price quoted to the City through the Invitation to Quote or Work Order Proposal Request process. The prices quoted shall be inclusive of all City of Sunny Isles Beach |Request to Qualify No. 22-10-01 11 costs, fees, materials, labor, and transportation necessary to pick up, deliver, and produce a finished product in providing these services and supplies. No changes or additions shall be allowed without prior written consent from the user department. 2.7 FEDERAL REQUIREMENTS The services and work may be funded in part by federal grant funds. If awarded, Vendor agrees that it shall abide by and adhere to any and all Federal Requirements, including, but not limited to those set forth in Exhibit “B” entitled “FEDERAL REQUIREMENTS” included in this solicitation. Each Vendor must submit proof of good standing in its registration through the Federal System of Award Management, and provide a copy of such within the Submittal. 2.8 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 afforded on 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 must include: o Premises and Operation o Workers Compensation (Statutory) o Independent Contractors o Products and/or Completed Operations Hazard o Broad Form Property Damage o Broad Form Contractual Coverage applicable to this specific Contract o 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. o Professional Liability (Errors and Omissions) 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: o Owned Vehicles; o Hired and Non-Owned Vehicles; o Employers’ Non-Ownership. Before starting the Work, the Contractor 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. City of Sunny Isles Beach |Request to Qualify No. 22-10-01 12 The Contractor 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- Contractor(s) to furnish to them insurance certificates similar to those required by the City in this section. 2.8.1 Cancellation and Re-Insurance: If any insurance should be canceled or changed by the insurance company or should any insurance expire during the period of this contract, the Contractor 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 Contractor and must be approved by the City. At the option of the City, either the Contractor shall eliminate or reduce such deductible or the Contractor shall procure a Bond, in a form satisfactory to the City, covering the same. 2.9 METHOD OF PAYMENT: INVOICES The City of Sunny Isles Beach shall provide payments for products delivered by the Vendor. The Vendor shall provide fully documented invoice to the requesting City Department(s) that requested the service through a purchase or work order. In addition, the invoices shall identify critical, descriptive data. It shall be understood that such invoices shall not be authorized for payment until such time as a City representative has inspected and approved the product. 2.10 LABOR, MATERIALS, AND EQUIPMENT SHALL BE SUPPLIED BY THE PROPOSER Contractor shall furnish the following, including but not limited to, all labor, material, equipment, adequate supervision, and coordination for satisfactory completion of services. When not specifically identified in the technical specifications, such materials and equipment shall be of a suitable type and grade for the purpose. All material, workmanship, and equipment shall be subject to the inspection and approval of the City's responsible staff. 2.11 WARRANTY The Contractor warrants to the city that all materials and equipment furnished under this contract will be new and that all work will be of good quality free from faults and defects and is in conformance with the contract. All work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. As required by the city, the Contractor shall furnish satisfactory evidence as to the kind and quality of the materials and equipment; this may include shop drawings, manufacturer’s cut-sheets and other descriptive materials which indicate conformance with the requirements of the contract. Furnish shop drawings, manufacturer’s cut-sheets and other descriptive materials without delaying the work and without any additional cost to the city. All work, equipment and materials furnished as part of the contract shall be warranted for a minimum of one year. Warranty periods shall begin at the date of final written acceptance of the work by the city. If any work, materials or equipment is determined to not be in conformance with the contract requirements during this warranty period, or is otherwise found to be defective, such items shall be corrected or replaced, at Contractor’s expense. City of Sunny Isles Beach |Request to Qualify No. 22-10-01 13 It is the responsibility of the Contractor to repair any damages incurred in the area that is directly related to the project. When damages occur, the City’s Project Manager is to be notified and shall inspect the repairs upon completion. 2.12 FEDERAL, STATE AND LOCAL REGULATIONS The successful Vendor shall comply with all federal, state and local ordinances, regulations, and rules as well as any other laws that would apply to the proposed project. Any costs associated with regulatory requirements shall be included in any resultant work order whether depicted specifically or not within the body of the Submittal. 2.13 METHOD OF AWARD The City intends to pre-qualify one or multiple Vendors for canopy and awning services. Award of a pre- qualification contract does not guarantee any future work to be awarded. For a given project or task, the City will conduct spot market competitions. The best suited Vendor as determined by the City, for a particular task or Project will be selected. If an ITQ is issued, the project or task will be awarded based upon the lowest price or other quantifiable criteria. If a Work Order Proposal Request is issued, the vendors will be evaluated and awarded based on best value. In the event a Vendor is selected for a specific project pursuant to a Work Order Proposal Request, the selected Vendor will be required to negotiate an agreement based on the hourly rates. Depending on the type and dollar amount of the Project, City Commission approval by resolution may be required. 2.14 PROPRIETARY RIGHTS The Proposer hereby acknowledges and agrees that the City retains all rights, title and interests in and to all materials, data, documentation and copies thereof furnished by the City to the Proposer hereunder or furnished by the Proposer to the City and/or created by the Proposer for delivery to the City, even if unfinished or in process, as a result of the Services the Proposer performs in connection with the Agreement, including all copyright and other proprietary rights therein, which the Proposer as well as its employees, agents, sub-Proposers and suppliers may use only in connection with the performance of Services under the Agreement. The Proposer shall not, without the prior written consent of the City, use such documentation on any other project in which the Proposer or its employees, agents, sub-Proposers or suppliers are or may become engaged. Submission or distribution by the Proposer to meet official regulatory requirements or for other purposes in connection with the performance of Services under the Agreement shall not be construed as publication in derogation of the City's copyrights or other proprietary rights. 2.15 POLYSTYRENE (STYROFOAM) ADMINISTRATIVE POLICY The City of Sunny Isles Beach Sustainable Procurement Policy was approved by the City Commission during the June 17, 2021 Commission Meeting via R2021-3208. The Policy is to preserve and enhance the health and quality of the environment in Sunny Isles Beach by restricting the use of City funds by City employees, contractors and/or vendors to purchase expanded polystyrene (plates, bowls, cups, containers, lids, trays, coolers, ice chests, single-use plastic beverage straws and all similar articles) for use or sale on City property City of Sunny Isles Beach |Request to Qualify No. 22-10-01 14 or City facilities. Under the policy, City funds may not be expended to purchase Styrofoam food services articles for use or sale in City facilities or on City property. This includes funds used by City employees or used to pay City Contractors or vendors. Styrofoam food service articles will no longer be permitted to be sold or used in City facilities or on City properties by contractors or vendors that are paid with City funds. A violation of this section shall be deemed a default under the terms of the City contract, lease or concession agreement and is grounds for revocation of a special event permit. Click here to access more information on the City’s ECOMMITTED campaign. 2.16 PUBLIC RECORDS IF THE SUCCESSFUL PROPOSER 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 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 |Request to Qualify No. 22-10-01 15 Section 3 Scope of Services / Technical Specifications 3.1 SCOPE OF SERVICES The Vendor agrees to perform contracted services in a professional and workmanlike manner and in compliance with all applicable laws, ordinances, rules, regulations, and permits. Only the highest quality workmanship shall be acceptable. Services, equipment and workmanship not conforming to the agreement or meeting the approval of the city may be rejected. Replacements and/or rework, as required, shall be accomplished on a timely basis at no additional cost to the City. Vendor(s) shall assign a competent company representative who can be contacted Monday through Friday from 8:00 a.m. to 5:00 p.m. (local time) for quotations and site-visits. Vendor(s) are required to provide their representative(s) name, phone number, and e-mail address. For all work performed during business hours, the contractor shall provide all necessary barricades, signs, or other safety equipment for work areas as necessary as to avoid any unnecessary disruption or accidents. Prior scheduling of areas to undergo construction shall be coordinated with the project manager prior to commencement of work. If an engineer is required for the project, the awarded Contractor must ensure the engineering firm is licensed under State of Florida Engineering license under Florida Statute 471 issued by the State of Florida Department of Business and Professional Regulations. 3.2 INVITATION TO QUOTE AND WORK ORDER PROPOSAL REQUESTS Invitations to Quote will include a detailed scope of work and may require a mandatory site- visit. Note that the scope of work listed below is a general scope of work intended to describe typical work order: • Removal of existing awnings, disposal of old cover, cleaning of existing frame, removal of dirt and grime build up on storefront beneath old awning. • Fabrication of new cover of awning (acrylic canvas) and fastening to existing frame. • Awnings specifications will be provided per individual work order. Typical awning types may include but are not limited to convex and triangle styles, varying widths, projections, and drops. • Sign specifications will be provided per individual work order. Cost schedule provides approximate dimensions as example work order components. • Contractor shall provide all labor, materials, and equipment necessary to perform the work required. • Designs and permits shall be obtained by the awarded contractor. City of Sunny Isles Beach |Request to Qualify No. 22-10-01 16 END OF SECTION City of Sunny Isles Beach |Request to Qualify No. 22-10-01 17 Section 4 Evaluation Process 4.1 Review of Proposals for Responsiveness The purpose of the Vendor’s proposal is to demonstrate the qualifications, competence and capacity of the Vendors seeking to undertake the referenced project herein in conformity with the requirements of this Request to Qualify. The proposal should demonstrate the qualifications of the Vendor and of the particular staff to be assigned to this engagement. 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, submitted in the format outlined in this solicitation, 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 Evaluation Committee shall review and evaluate the proposal(s) received in response to this solicitation. The Evaluation Committee will be responsible for selecting the most qualified Vendor to contract with for the services described in this solicitation. The weighted scoring criteria contained below in this solicitation, shall be the basis of selection. 4.2 Evaluation Criteria Proposals will be evaluated on the criteria listed below. EVALUATION CRITERIA MAXIMUM POTENTIAL POINTS 1. VENDOR QUALIFICATIONS AND RELEVANT EXPERIENCE: • Indicate the Vendor’s number of years of experience in providing the required services. The proposal must demonstrate the qualifications and experience of the Vendor. • Specify what unique circumstances sets the Vendor apart from others who perform the same or similar services. • Provide resumes of key management personnel and support staff, including education, experience, and any other pertinent information for each member to be assigned to this project. • Licenses and certifications held by the Vendor. 40 City of Sunny Isles Beach |Request to Qualify No. 22-10-01 18 2. PAST PERFORMANCE (REFERENCES): Provide three (3) references of similar engagements, scope of work and complexity that have been completed by your company within the last three (3) years which demonstrate the experience of the company and team that will be assigned to provide the services as required by this RTQ. 25 3. APPROACH TO THE PROJECT: • Staffing and turnaround time/availability. Respondent(s) shall have adequate and sufficient work force to meet the specified job. Vendor’s Capacity to effectively deliver service, including turnaround time. • Vendor must demonstrate in their Submittal the approach to the services required in this RTQ, including, but not limited to, staffing, proposed schedules, performance benchmarks and plans, marketing and advertisement strategy. • Warranty of fabrics 35 TOTAL POINTS 100 END OF SECTION City of Sunny Isles Beach |Request to Qualify No. 22-10-01 19 Section 5 Proposal Format 5.1 FORMAT Proposers must submit (1) original and four (4) copies of the proposal and one (1) USB. The original Proposal must contain an original signature. Be sure that the individual signing the Proposal is authorized to commit the Proposer's organization to the Proposal as submitted. Each page of the Proposal should state the name of the Proposer, the RTQ number, and the page number. The City reserves the right to request additional data or material to support Proposals. All material submitted in response to the RTQ will become the property of the City. Proposer must provide all MQRs as requested, in addition to the information requested below. LABEL EACH SECTION AS NUMBERED The proposal must be in the following format: 1. Company Information  In response to this Proposal, all Proposers must provide the following: • Name of Agency/Company (including any "Doing Business As" names) • Company Locations • Internet Web Site Address (if any) • Details of Entity Business Structure (Corporation, Partnership, LLC) • Date Founded • Office address and telephone number, phone number and email address of main contact, including resume. • List of any outstanding litigation that would threaten the viability of the Vendor or the performance of this contract • Proof of insurance • Indicate which group your Vendor is applying for- Group A and/or Group B 2. Qualifications Proposer’s relevant experience, qualifications and past performance  An explanation of why the Proposer is the best qualified to perform the contract and demonstrate its qualifications including an item-by-item disclosure outlining how the Proposer meets or exceeds the requirements of this RTQ.  Indicate which one of the following licenses your company holds 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. City of Sunny Isles Beach |Request to Qualify No. 22-10-01 20  The size and experience of the company staff pool from which staff assigned to these services can be drawn.  The names and credentials of the employees in the area responsible for this account and their function in the company.  The name and credentials of the person who will be responsible for the coordination of work.  Experience and qualifications of staff and satisfactory record of performance of staff. 4. Approach / Methodology Proposers approach methodology to providing the services requested in this solicitation  Suitability of the methodologies and approaches used in achieving tasks.  Overall organization to completing the project.  Ability to meet desired timelines and deadlines listed in section 3.1.  Service delivery approach and contingency plans in the event of emergency or disaster.  An explanation of the proposer’s approach for quality assurance. 5. Contract Forms All completed contract forms 6. Exceptions Vendor must list any exceptions taken to the terms and condition in this RTQ. END OF SECTION City of Sunny Isles Beach |Request to Qualify No. 22-10-01 21 DELIVER TO: City of Sunny Isles Beach City Clerk 18070 Collins Avenue Sunny Isles Beach, FL 33160 REQUEST TO QUALIFY SECTION 6 BID SUBMITTAL FORMS OPENING: 11:00 A.M. WEDNESDAY, NOVEMBER 2, 2022 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: CITY OF SUNNY ISLES BEACH Date issued: 10/12/2022 This Bid Submittal Consists of Pages 31+ Sealed submittals are subject to the Terms and Conditions of this Request to Qualify and the accompanying Submittal. Such other contract provisions, specifications, drawings or other data as are attached or incorporated by reference in the 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. RTQ 22-10-01 CANOPY AND AWNING SERVICES- AS NEEDED A Bid Deposit in the amount of 0% of the total amount of the bid shall accompany all bids A Performance Bond in the amount of 0% of the total amount of the bid will be required upon execution of the contract by the successful bidder and City of Sunny Isles Beach Purchasing Manager: Vendor Name: Genesis Cuevas ________________________________________ Commodity Code(s): RETURN ONE ORIGINAL AND FOUR COPIES OF BID SUBMITTAL PAGES AND AFFIDAVITS FAILURE TO SIGN PAGE 24 OF SECTION 4 BID SUBMITTAL WILL RENDER YOUR BID NON-RESPONSIVE City of Sunny Isles Beach |Request to Qualify No. 22-10-01 22 SECTION 6 BID SUBMITTAL FOR: ACKNOWLEDGEMENT OF ADDENDA 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 BID 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 BID VENDOR NAME: AUTHORIZED SIGNATURE: DATE: TITLE OF OFFICER: City of Sunny Isles Beach |Request to Qualify No. 22-10-01 23 SUBMITTAL FORM Bid Title: CANOPY AND AWNING SERVICES- AS NEEDED The undersigned Vendor proposes and agrees, if this submittal 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 a resulting work order or purchase order, and in accordance with the other terms and conditions of the Contract Documents. The Vendor accepts all of the terms and conditions of the Advertisement or Request to Qualify and Instructions to Proposers. This Submittal will remain subject to acceptance for 90 days after the day of Submittal opening. The Vendor agrees to sign and submit the Agreement with other documents required by the Bidding Requirements within ten days after the date of the City’s Notice of Award. In submitting this Submittal, the Vendor represents, as more fully set forth in the Agreement, that:  The Vendor has familiarized himself/herself with the nature and extent of the Contract Documents, Work, locality, and all local conditions and Law and Regulations that in any manner may affect cost, progress, performance, or furnishing of the Work.  The Vendor has studied carefully all specifications and requirements.  The Vendor 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 Proposer.  This Submittal 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 Proposer has not directly or indirectly induced or solicited any other Proposers to submit a false or sham Bid; the Proposer has not solicited or induced any person, firm or corporation to refrain from Bidding; and Proposer has not sought by collusion to obtain for itself any advantage over any other Proposers or over the City. The City and the successful Vendor will establish completion times for each individual Work Item and the successful Vendor 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. Firm Name: _____________________________________________________________________________ Street Address: _____________________________________________________________________________ Mailing Address (if different): City of Sunny Isles Beach |Request to Qualify No. 22-10-01 24 _____________________________________________________________________________ Telephone No. _______________________________Fax No. _________________________ Email Address: _______________________________FEIN No. __/__-__/__/__/__/__/__/__ *“By signing this document the vendor agrees to all Terms Signature: __________________________________________________________________ (Signature of authorized agent) Print Name: _________________________ Title:_________________________________________ THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF VENDOR TO BE BOUND BY THE TERMS OF ITS PROPOSAL. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED ABOVE BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE PROPOSAL NON-RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY PROPOSAL THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE PROPOSER TO THE TERMS OF ITS OFFER. City of Sunny Isles Beach |Request to Qualify No. 22-10-01 25 EXHIBIT A AWNINGS THROUGHOUT THE CITY City of Sunny Isles Beach |Request to Qualify No. 22-10-01 26 City of Sunny Isles Beach |Request to Qualify No. 22-10-01 27 HERITAGE PARK - 19200 Collins Ave City of Sunny Isles Beach |Request to Qualify No. 22-10-01 28 City of Sunny Isles Beach |Request to Qualify No. 22-10-01 29 City of Sunny Isles Beach |Request to Qualify No. 22-10-01 30 FORMER TONY ROMAS – 18050 COLLINS AVENUE City of Sunny Isles Beach |Request to Qualify No. 22-10-01 31 City of Sunny Isles Beach |Request to Qualify No. 22-10-01 32 TOWN CENTER PARK - 17200 Collins Avenue City of Sunny Isles Beach |Request to Qualify No. 22-10-01 33 City of Sunny Isles Beach |Request to Qualify No. 22-10-01 34 EXHIBIT B City of Sunny Isles Beach |Request to Qualify No. 22-10-01 35 AFFIDAVITS