HomeMy WebLinkAboutINVITATION TO BID 23-02-02 TOWN CENTER PARK MEDITATION GARDEN
1
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
INVITATION TO BID
Goods & Services
ITB 23-02-02
TOWN CENTER PARK MEDITATION GARDEN
RELEASE DATE: FEBURARY 28, 2023
NON-MANDATORY PRE-BID MEETING
THURSDAY, MARCH 16, 2023 AT 11:00 AM
SUNNY ISLES BEACH GOVERNMENT CENTER
18070 COLLINS AVENUE, 1ST FLOOR CONFERENCE RM
SUNNY ISLES BEACH, FLORIDA 33160
ALL QUESTIONS DUE: MARCH 17, 2023 AT 5:00 PM
SUBMISSION DUE DATE: THURSDAY, MARCH 30, 2023 AT 11:00 AM
SUBMIT SEALED BIDS TO:
Envelope must clearly provide your firm’s
name, phone # and contact information and
must be labeled with the ITB # and name.
CITY CLERK
SUNNY ISLES BEACH GOVERNMENT CENTER
18070 COLLINS AVENUE, 1ST FLOOR
SUNNY ISLES BEACH, FLORIDA 33160
2
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
TABLE OF CONTENTS PAGE NO.
TABLE OF CONTENTS
LEGAL ADVERTISEMENT/ NOTICE TO FIRM 3
GENERAL TERMS & CONDITIONS 4
SPECIAL TERMS & CONDITIONS 10
SCOPE OF WORK / TECHNICAL SPECIFICATIONS 22
PROPOSAL FORMAT 23
BID SUBMITTAL FORM 32
ATTACHMENTS - MUST BE REVIEWED BY YOUR FIRM
ATTACHMENT A - CONSTRUCTION PLANS
ATTACHMENT B - SCULPTURE WATER FEATURE PLANS
ATTACHMENT C - ELECTRICAL PROJECT MANUAL
ATTACHMENT D - CIVIL / SITE ENGINEERING PERMIT BOOK
ATTACHMENT E – MIAMI-DADE COUNTY TREE REMOVAL PERMIT
ATTACHMENT F – BID PRICE SHEET
AFFIDAVITS
BID BOND AND PERFORMANCE BOND
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
3
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
LEGAL ADVERTISEMENT
NOTICE TO FIRM
NOTICE IS HEREBY GIVEN that the City of Sunny Isles Beach is seeking sealed Bids for the following work as
specified.
TOWN CENTER PARK MEDITATION GARDEN
INVITATION TO BID NO. 23-02-02
The Specifications for this INVITATION TO BID 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.
Any 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.
Sealed Bids will be received by the City Clerk no later than 11:00 AM ON THURSDAY, MARCH 30, 2023 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 names of firms read aloud at this time. The envelope containing
the sealed bid must be clearly marked:
“IMPORTANT, BID ENCLOSED SUBMIT TO CITY CLERK’S OFFICE”
INVITATION TO BID NO. 23-02-02
TOWN CENTER PARK MEDITATION GARDEN
OPENING DATE AND TIME: THURSDAY, MARCH 30, 2023 AT 11:00 AM
The Owner 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
Owner in conformity with the criteria set forth in Section 62-8 of the Code of Ordinances of the City of Sunny
Isles Beach. 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 ITB from the time of the ITB initial release
through the award.
The City will host a non-mandatory pre-bid conference on THURSDAY, MARCH 16, 2023 AT 11:00 AM at the
City of Sunny Isles Beach Government Center, 1ST Floor Conference Room.
All questions regarding this bid shall be directed in writing by MARCH 17, 2023 AT 5:00 PM. Questions may 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
4
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
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 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 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 FOR
PROPOSALS, INVITATION TO 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 INVITATION TO 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 INVITATION TO 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
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:
5
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
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 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. 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 shall 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.
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
INVITATION TO 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-
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
6
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
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 INVITATION TO BID 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 five (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 or Proposal: The offer of the Bidders/Proposers
submitted on the prescribed form setting
forth the prices for the Work to be
performed.
Proposers or Bidders: 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,
Invitation to Bid, 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 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.
7
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
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 ITB shall be awarded to the lowest responsible and
responsive Bidder whose Bid best serves the interests of and
represents the best value to the City. 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
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
8
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
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 (termination for
convenience) 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 Contractor.
1.46 PROHIBITION AGAINST CONTRACTING WITH
SCRUTINIZED COMPANIES:
Pursuant to Florida Statutes Section 217.4725, contracting with any
entity that is listed on the Scrutinized Companies that Boycott Israel
List or that is engaged in the boycott of Israel is prohibited.
Contractors must certify that the company is not participating in a
boycott of Israel. Any contract for goods or services of One Million
Dollars ($1,000,000) or more shall be terminated at the City’s
option if it is discovered that the entity submitted false documents
of certification, is listed on the Scrutinized Companies with Activities
in Sudan List, the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List, or has been engaged in business
operations in Cuba or Syria after July 1, 2018. Any contract entered
into or renewed after July 1, 2018 shall be terminated at the City’s
option if the company is listed on the Scrutinized Companies that
Boycott Israel List or engaged in the boycott of Israel.
Contractors must submit the certification that is attached to this
agreement. Submitting a false certification shall be deemed a
material breach of contract. The City shall provide notice, in writing,
to the Contractor of the City’s determination concerning the false
certification. The Contractor shall have ninety (90) days following
receipt of the notice to respond in writing and demonstrate that the
determination was in error. If the Contractor does not demonstrate
that the City’s determination of false certification was made in error,
then the City shall have the right to terminate the contract and seek
civil remedies pursuant to Florida Statute Section 215.4725.
End of Section
9
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
Section 2
Special Terms and Conditions
2.1 PURPOSE OF THE ITB
The City of Sunny Isles Beach (the "City"), a municipality located in Miami-Dade County,
Florida, is requesting bids from qualified Contractors (“Proposers”, “Bidders”, “Contractors” or
“Firms”) to construct a meditation garden at the Town Center Park located in 17200 Collins
Avenue, as described in the attachments herein. The Contractor shall furnish all labor, equipment
and materials necessary to construct the garden and sculptures (contractor to provide bases,
sculptures provided by others) in accordance with the specifications herein and the resulting
Contract Documents. Bidder shall warranty all labor completed for 365 days from final
acceptance. This is the site of the old skatepark that is being repurposed as a meditation garden/
art park, there will be 2 significant sculptures added as part of the project. The existing building
will undergo improvements as part of the project, refer to architectural plans. Contractor shall
carefully study and review the Construction Drawings, plans and specifications to assure itself and
Owner that Contractor has observed no defects or discrepancies in the Construction Drawings or
specifications and such plans are consistent, practical, feasible and constructible within the
scheduled construction time. Access shall be provided along the north property line of the park
from Collins Avenue. Contractor shall provide temporary fencing and use plywood sheets to
protect the existing sidewalk.
Contractor shall, by careful examination, satisfy itself, to the extent it deems necessary, as to the
nature and location of the Work, the conformation of the ground and site, access and
transportation of materials, the character, quality and quantity of the materials, storage, handling
and disposal of materials, the character and storage of the equipment and facilities needed
preliminary to and during the prosecution of the Work, the availability, quantity and quality of
labor, water and electric power; availability and condition of roads; climatic conditions; location
of underground utilities; existing site conditions, topography and ground conditions; subsurface
geology and hydrology, and nature and quantity of surface and subsurface materials to be
encountered; the general and local conditions and all other matters which can in any way affect
the performance of the Contract.
The budget for this project is $650,000.00.
KEITH is the City’s Consulting Engineer (“City Engineer”), shall serve as agent for the City in all
matters pertaining to the work on this project. Rodriguez Architects Incorporated will serve as the
agent for the City in all matters pertaining to the building renovation. No changes in the work or
extra charges to the Contract are effective until recommended by the City Engineer and approved
by the City in the form of a written change order. The City Engineer is precluded from bidding on
this Project due to their involvement in the creation of the scope of work.
2.2 MINIMUM QUALIFICATION REQUIREMENTS (MQRS)
a. The Prime Contractor shall hold the proper license in the State of Florida to perform the
Scope of Work set forth within this solicitation to include being registered as a Certified
10
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
General Contractor with the State of Florida along with registration to conduct business
in the State of Florida in all required disciplines. Proposing Firm must provide a copy of
the applicable license(s) with Firm’s response.
b. The Proposing bidder must have been awarded Prime Contractor and successfully
performed three (3) projects of similar or greater size, scope and complexity to the
specifications of the ITB within the last five (5) years.
c. Bidder shall provide reference letters for no less than three (3) projects in which
Contractor served as Prime Contractor for projects similar in size and scope. Please note
that the references must be for the same projects in response to MQR “b” above.
d. Provide documentation of bidder’s total and single project bonding capacity and the
name and current financial rating (A.M. Best) of the surety company utilized by your Firm.
Provide documentation of your firm’s total and single project bonding capacity and the
name and current financial rating (A.M. Best) of the surety company utilized by your firm.
Bidders shall have a single project bonding capability of at least Five Hundred Thousand
($500,000.00) with a surety company with an A.M. Best rating of AA or better.
2.3 NON-MANDATORY PRE-BID MEETING
A non-mandatory pre-bid conference will be held on THURSDAY, MARCH 16, 2023 AT 11:00 AM
at Sunny Isles Beach Government Center located at 18070 Collins Avenue Sunny Isles Beach, FL
33160, First Floor Conference Room, to discuss the special conditions and specifications included
within this solicitation. Proposers are requested to bring this solicitation document to the
conference, as additional copies may not be available. It is strongly encouraged that Firms
interested in proposing to this ITB attend the Pre-Bid Meeting as a tool to be successful in
responding to the City’s project.
2.4 EXAMINATION OF SITE
Each bidder shall visit the site of the proposed work before submitting a bid 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.
2.5 CONTRACT TERM
The Contractor shall neither commence any work, nor enter a City work premise, until a written
Notice to Proceed (NTP) from the agency directing the Contractor to proceed with the work has
been received by the Contractor from the City Manager or designee; provided however, that such
notification shall be superseded by any emergency work that may be required in accordance with
11
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
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.
The project shall be substantially completed within one-hundred and eighty (180) calendar days
from the Project initiation specified in the Notice to Proceed and final completion within two-
hundred and ten (210) calendar days from Project date specified in the Notice to Proceed. The
total two-hundred and ten (210) calendar days include weekend days and holidays.
For the purpose of this project, Final Completion shall be defined at that point after which the City Engineer
or their representative, have made and approved the Final Inspection and the Punch List has been
completed, and all deliverables have been provided to the City.
Failure to complete all the work within the time specified above, including any extension granted
in writing by the City, shall obligate the Contractor to pay the City, as liquidated damages and not
as a penalty, an amount equal to Five Hundred Dollars ($500) for each calendar day of delay in
the completion of all the work. If any liquidated damages are unpaid by the Contractor, the City
shall be entitled to deduct these unpaid liquidated damages from the monies due the Contractor.
2.6 METHOD OF AWARD
The term “lowest responsible and responsive Bidder” as used herein shall mean the Bidder whose
bid is the lowest of those Bidders possessing the skill, ability and integrity necessary for the faithful
performance of the work, whose bid best serves the interests of and represents the best value to
the City, as determined by the City Commission and/or the City Manager. The bidder will also be
evaluated as part of their “responsibleness” on their quality control plan, safety plan and
proposed project schedule.
Firms will be evaluated by relevant experience, preferably with government agencies, successful
past performance, no conflicts of interest, approach to the project and whose bid best serves the
interest of and represents the best value to the City in conformity with the criteria set. The City
Manager may also reject all proposals received. Section 62-8 of the City Code provides that the
City may consider the following:
The ability, capacity and skill of the vendor to perform the Contract.
The character, integrity, reputation, judgment, experience and efficiency of the vendor.
The quality of performance of previous contracts with the City and references.
The previous and existing compliance by the vendor with laws and ordinances relating to
the Contract.
The City also reserves the right to waive minor variations to specifications (interpretation of minor
variations will be made by applicable City Procurement personnel). In addition, the City reserves
the right to cancel any contract by giving thirty (30) days written notice. The City reserves the right
to negotiate the type and cost of specific types of services to be purchased.
2.7 SUB-CONTRACTORS
12
CITY OF SUNNY ISLES BEACH
18070 Collins Ave. | Sunny Isles Beach, FL 33160
305.792.1707 | sibfl.net | Purchasing@sibfl.net
If one or more subcontractors are to be used, the subcontractor must be clearly identified and
noted in the submittal when it 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. No
subcontractor will under any circumstances relieve the Proposer of its liability and obligation
under any resulting contract. Subcontractor is subject to the same contractual conditions as is the
Respondent.
The City/City’s Representative shall promptly notify the Contractor, in writing, if either the City or
Engineer, after due investigation, has reasonable objections to any subcontractor on said list and
does not accept them. Failure of the City or Engineer to make objection to any subcontractor on
the list shall constitute acceptance of such subcontractor. After acceptance, no subcontractor
shall be changed without written approval by the City and Engineer.
2.8 FIRM BID PRICE
If the Bidder is awarded a contract under this solicitation, the prices proposed by the Bidder shall
remain fixed and firm during the term of the contract.
2.9 PERFORMANCE AND PAYMENT BOND
The City of Sunny Isles Beach shall require the successful Bidder 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
period agreed upon.
BONDING CAPACITY LETTER:
Provide documentation of bidder’s total and single project bonding capacity and the
name and current financial rating (A.M. Best) of the surety company utilized by your Firm.
2.10 DELIVERY & PROTECTION OF MATERIAL AND EQUIPMENT
Requirements warrant that lead-times for furnishing and delivery of equipment and supplies will
need to be considered to accommodate the project timeframe. Due to long fabrication and