HomeMy WebLinkAboutRFP No. 14-11-02 Town Center Park Shade Structure (Final)
CITY OF SUNNY ISLES BEACH |Request for Proposal No. 14-11-02 1
Request for Proposal
Goods & Services
Town Center Park Shade Structure
Spool Piece Fabrication
Request for Proposal No. 14-11-02
Publish Date:
Bid Due and Bid Opening Date:
11/18/2014 1/07/2015 2:00 PM
Pre-Bid Conference:
Where to Deliver Proposal
Intentionally Omitted
All Questions Due:
12/12/2014 by 5:00 PM
Sunny Isles Beach Government Center
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
CITY OF SUNNY ISLES BEACH |Request for Proposal No. 14-11-02 2
TABLE OF CONTENTS
Table of Contents Page 2
Legal Advertisement/Notice to Bidder Page 3
Instructions to Bidder / General Terms Section 1 Page 4
Special Terms & Conditions Section 2 Page 10
Scope of Work / Technical Specifications Section 3 Page 16
Evaluation Process Section 4 Page 18
Proposal Format Section 5 Page 20
Bid Submittal Form Section 6 Page 22
Affidavits
Non-Collusive Affidavit Page 1 of 7
Public Entity Crimes Page 2 of 7
Equal Opportunity / Affirmative Action Statement Page 4 of 7
Conflict of Interest Statement Page 5 of 7
Dispute Disclosure Form Page 6 of 7
Anti-Kickback Affidavit Page 7 of 7
Attachments
CITY OF SUNNY ISLES BEACH |Request for Proposal No. 14-11-02 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.
Town Center Park Shade Structure Spool Piece Fabrication
Request for Proposal No. 14-11-02
The Bid Specifications for this Request for Proposal 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. Bidders 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 d ays
prior to the submittal date to all bidders who are listed on the official list. The City may not accept
incomplete Bids.
Bids shall be on a unit price basis; segregated Bids will not be accepted. Sealed Bids will be received by
the City Clerk no later than 2:00 PM, on Tuesday, January 7, 2015 at the Sunny Isles Beach
Government Center located at 18070 Collins Avenue, 4th floor, Sunny Isles Beach, Florida, 33160. Bids
received after this time will not be considered. The City is under no obligation to return Bids. Timely
submitted Bids will be opened publicly and read aloud at this time.
The envelope containing the sealed Bid must be clearly marked:
“IMPORTANT, BID ENCLOSED”
Bid No. 14-11-02
Town Center Park Shade Structure Spool Piece Fabrication
OPENING DATE AND TIME: Tuesday, 01/07/15 at 2:00 PM
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.
All questions regarding Request for Proposal No. 14-11-02 shall be directed in writing to Jane A. Hines,
CMC, City Clerk, NO LATER THEN DECEMBER 12TH 2014 BY 5:00 PM Questions may be submitted via
email to: JHines@sibfl.net or via facsimile (305) 792-1563 or via regular mail at: Jane A. Hines, MMC, City
Clerk, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, FL 33160. All Questions will be
answered in the form of Addendum that will be released a few days after the question due date listed
above.
Jane Hines, MMC, City Clerk
City of Sunny Isles Beach
CITY OF SUNNY ISLES BEACH |Request for Proposal No. 14-11-02 4
SECTION 1
INSTRUCTIONS TO BIDDER / GENERAL TERMS AND CONDIT IONS
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 CONDITIONS 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 made to Jane A. Hines, CMC, City Clerk via
email to: JHines@sibfl.net or via facsimile (305) 792-1563 or via
regular mail at: Jane A. Hines, CMC, City Clerk, City of Sunny Isles
Beach, 18070 Collins Avenue, Sunny Isles Beach, FL 33160. Such
requests for clarification/explanation or questions must be made in
writing to Jane A. Hines, CMC, City Clerk, at least five (5) business
days prior to the date of the Bid opening. Interpretations or
clarifications considered necessary by the City will be issued by
addenda and posted/disseminated by DemandStar
(www.demandstar.com) to all parties listed on the official plan
holders’ list as having received the 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 proposers, the City of Sunny Isles Beach has
made available via internet lists of all plan holders for each Request
for Proposal, Request for Proposal, 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
proposer 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 proposer 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 Proposer list”.
1.6 BID DEADLINE:
Bids must be submitted no later than the time and date shown within
this document.
1.7 SEALED BID:
The entire Bid Response Package shall be placed in an opaque
envelope (with all items listed on the Bid checklist form and all other
items required within this Request for Proposal must be executed)
and submitted in a sealed envelope.
1.8 BID EXECUTION, SIGNATURES, ERASURE/CORRECTION:
All Bids shall be signed in blue ink. All price quotes shall be
typewritten or printed with ink. All corrections made by the
proposers prior to the opening must be initialed and dated by the
proposers. No changes or corrections will be allowed after Bids are
opened. Bids must contain an original, manual signature of an
authorized representative of the company.
1.9 WITHDRAWAL OF BIDS:
Proposers may withdraw Bids only by written request and shall
forward the withdrawal request via “Certified U.S. Mail – Return
Receipt Requested” prior to the Bid opening time. Negligence on the
part of the Proposers in preparing the Bid confers no right for the
withdrawal of the Bid after it has been opened.
1.10 BID OPENING:
Bids will be opened publicly at the time and place stated in the Notice
to Bidder. It is the responsibility of the proposers to insure that the
Bid reaches the Office of the City Clerk on or before the closing hour
and date stated on the Request for Proposal. After the Bid opening,
the contents of the Bid Form will be made public for the information
of proposers 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.
CITY OF SUNNY ISLES BEACH |Request for Proposal No. 14-11-02 5
1.11.2 Cancellation: Failure on the part of the Proposers to
comply with the conditions, specifications,
requirements, and terms as determined by the City,
shall be just cause for cancellation of the Award.
1.11.3 Disputes: If any dispute concerning a question of fact
arises under the Contract, other than termination for
default or convenience, the Contractor and the City
department responsible for the administration of the
Contract shall make a good faith effort to resolve the
dispute. If the dispute cannot be resolved by
agreement, then the department with the advice of the
City Attorney shall resolve the dispute and send a
written copy of its decision to the Contractor, which
shall be binding on both parties.
1.12 AGREEMENT:
After the Bid award, the City will, at its option, prepare an Agreement
specifying the terms and conditions resulting from the award of this
Bid. The proposer 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 Proposer 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 Proposer 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 Proposer 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. Proposer 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 Proposer 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:
Proposer 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 Proposer submitting a Bid on this
Request for Proposal 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:
Proposer shall assume the full duty, obligation, and expense of
obtaining all necessary licenses, permits, inspections, and insurance
required. The Proposer shall be liable for any damages or loss to the
City occasioned by negligence of the Proposer (or their agent) or any
person the Proposer has designated in the completion of their
contract as a result of the Bid. Proposer shall be required to furnish
a copy of all licenses, certificates of competency or other licensor
CITY OF SUNNY ISLES BEACH |Request for Proposal No. 14-11-02 6
requirements necessary to practice their profession as required by
Florida State Statute, Miami-Dade County, and City of Sunny Isles
Beach Code. Proposer 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 proposer 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 Proposer hereby holds the City harmless
and agrees to indemnify City and covenants not to sue the City by
virtue of such rescission.
1.25 ASSIGNMENT:
The Contractor shall not transfer or assign the performance required
by this Bid without prior written consent of the City Manager. Any
award issued pursuant to the Request for Proposal and monies which
may be due hereunder are not assignable except with prior written
approval of the City Manager. Further, in the event that the majority
ownership or control of the Contractor changes hands subsequent to
the award of this contract, Contractor shall promptly notify City in
writing (via United States Postal Service – Certified Mail, Return
Receipt Requested) of such change in ownership or control at least
thirty (30) days prior to such change and City shall have the right to
terminate the contract upon sixty (60) days written notice, at City’s
sole discretion.
1.26 HOLD HARMLESS/INDEMNIFICATION:
The Contractor shall indemnify, hold harmless, and defend the City
of Sunny Isles Beach, it's officers, agents and employees from and
against any claims, demands or causes of action of whatsoever kind
or nature arising out of error, omission, negligent act, conduct, or
misconduct of the Contractor, their agents, servants or employees in
the provision of goods or the performance of services pursuant to
this Bid and / or from any procurement decision of the City including
without limitation, awarding the Contract to the Contractor.
1.27 NON-CONFORMANCE TO CONTRACT:
The City of Sunny Isles Beach may withhold acceptance of, or reject
items which are found upon examination, not to meet the
specification requirements. Upon written notification of rejection,
items shall be removed within (5) calendar days by the Proposer 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 Proposer 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. The term is
inclusive of terms vendor and contractor.
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
CITY OF SUNNY ISLES BEACH |Request for Proposal No. 14-11-02 7
Modifications, Notice to Proceed,
Request for Proposal, 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.
Specifications: Those portions of the Contract
Documents consisting of written
technical descriptions of materials,
equipment, construction systems,
standards and workmanship as applied to
the Work.
Statement of Services: The form furnished by the City which is
to be used by the Contractor in
requesting progress payments.
Supplier: Any person or organization who supplies
materials or equipment for the Work,
including that fabricated to a special
design, but who does not perform labor
at the site.
Work: Any and all obligations, duties and
responsibilities necessary to the
successful completion of the Project
assigned to or undertaken by Contractor
under the Contract Documents, including
all labor, materials, equipment and other
incidentals, and the furnishing thereof.
Written Notice: The term “Notice” as used herein shall
mean and include all written notices,
demands, instructions, claims, approvals
and disapproval’s required to obtain
compliance with Contract requirements.
Written notice shall be deemed to have
been duly served if delivered in person to
the individual or to a member of the firm
or to an officer of the corporation for
whom it is intended, or to an authorized
representative or such individual, firm, or
corporation, or if delivered at or sent by
registered mail to the last business
address known to them who gives the
notice. Unless otherwise stated in
writing, any notice to or demand upon
the City under this Contract shall be
delivered to the City.
1.31 BID AWARD:
The City reserves the right to reject any and all Bids at its sole
discretion. Bids shall be awarded by the City after the City performs
all necessary searches, inquiries, exploration, and analysis of the
Bids. The Bid shall be awarded to the lowest responsible and
responsive proposer whose Bid best serves the interests of and
represents the best value to the City in conformity with the criteria
set forth in Section 62-8 of the City Code. No Notice of Award will
be given until the City has concluded any investigation(s) as they
deem necessary to establish the Proposer’s capability to perform the
Services as described in this RFP, ITB, RFQ or ITQ, as substantiated
by the required professional experience, client references, technical
knowledge and qualifications; and sufficient labor and equipment to
comply with the City’s established standards, as well as the financial
capability of the Proposer to perform the Work in accordance with
the Contract Documents to the satisfaction of the City within the time
prescribed. The City reserves the right to reject the Bid of any
Proposers on the basis of these queries and investigations and who
does not meet the City’s satisfaction, even though the firm may be
the lowest dollars and cents Bid. In analyzing Bids, the City will also
take into consideration client references, past work experience and
work product, proven ability to satisfactorily perform. If the Contract
is awarded, the City will issue the Notice of Award and give the
successful Proposers a Contract for execution within ninety (90) days
after opening of Bids. The City specifically reserves the right to award
the contract to a proposer who is not necessarily the lowest dollars
and cents proposers on the basis of the results of these queries and
investigation(s).
1.32 EXECUTION OF AGREEMENT:
At least four counterparts of the Agreement, the Performance Bond,
the Certificates of Insurance and such other Documents as required
by the Contract Documents shall be executed and delivered by
Contractor to the City within ten (10) calendar days of receipt of the
Notice of Award.
1.33 LAWS AND REGULATIONS:
The Contractor will give all notices and comply with all laws,
ordinances, rules and regulations applicable to the Work. If the
Contractor observes that the Specifications are at variance therewith,
they will give the City prompt written notice thereof, and any
necessary changes shall be adjusted by an appropriate modification.
If the Contractor performs any Work knowing it to be contrary to
such laws, ordinances, rules and regulations, and without such notice
to the City, they will bear all costs arising wherefrom.
1.34 TAXES:
The City of Sunny Isles Beach is exempt from sales tax imposed by
the State and/or Federal Government. Florida Sales Tax Exemption
CITY OF SUNNY ISLES BEACH |Request for Proposal No. 14-11-02 8
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
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 injury 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:
CITY OF SUNNY ISLES BEACH |Request for Proposal No. 14-11-02 9
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.
End of Section
CITY OF SUNNY ISLES BEACH |REQUEST FOR PROPOSAL NO. 14-11-02 10
Section 2
Special Terms and Conditions
2.1 PURPOSE OF BID:
The City of Sunny Isles Beach (the “City”) requests qualified proposers (“Proposers”) to submit
proposals for design, fabrication and installation of an extension mechanism to raise the existing
steel frame and shade structure canopy at least 2-ft higher than currently exists. The shade
structure is located above the playground area within the Town Center Park at 17200 Collins
Avenue in the City of Sunny Isles Beach. It is the intent of this proposal document that all work
shall result in compliance with the specifications documents and all regulatory requirements
applicable to such service.
2.2 PRE-BID CONFERENCE:
Intentionally Omitted.
2.3 TERM:
This contract shall commence upon the date of Notice to Proceed and shall remain in effect until
such time as the commodities, equipment and/or services acquired in conjunction with this request
for proposal have been completed.
2.4 OPTIONS TO RENEW:
Intentionally Omitted
2.5 METHOD OF AWARD:
See Section 4
2.6 PRICE:
Prices shall remain fixed and firm through the term of the contract.
2.7 PERFORMANCE AND PAYMENT BOND:
The City of Sunny Isles Beach shall require the successful Proposer to furnish a Performance and
Payment Bond in the amount of 100% of the total Proposal 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 of furnishing materials in connection herewith within ten (10)
calendar days after notification of the award by the City. The binds shall be with a surety company
authorized to do business in the State of Florida.
CITY OF SUNNY ISLES BEACH |REQUEST FOR PROPOSAL NO. 14-11-02 11
2.8 BID BOND
The City of Sunny Isles Beach shall require that every Proposer furnish a Bid Bond in the amount
of 5% of the total Proposal Price.
2.9 DELIVERY:
Intentionally Omitted
2.10 INSURANCE:
Comprehensive General Liability with primary limits of $1,000,000 per occurrence/$2,000,000 in
the annual aggregate and an additional Excess Umbrella limit of $1,000,000 per occurrence and in
the aggregate. 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 Ongoing Completed Operations – on a primary and non-contributory basis including
waiver of subrogation on behalf of the City of Sunny Isles Beach.
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, including any hold
Harmless and/or indemnification agreement.
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.
At the Contractor’s expense, Workers’ Compensation will be provided in accordance with Florida
Statute including Employers’ Liability with separate Employer Liability limits of One Million Dollars
(1,000,000.00).
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.
CITY OF SUNNY ISLES BEACH |REQUEST FOR PROPOSAL NO. 14-11-02 12
Before starting the Work, the proposer will file and make sure that all certificates of insurance
required by this document and by the Contract are in the City’s possession. These certificates shall
contain a provision that the coverage afforded under the policies will not be canceled or materially
changed until at least thirty (30) days prior written notice has been given to the City by certified
mail. The City shall be named as an additional insured on the above-referenced policies.
The Proposer 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.
2.10.1 Cancellation and Re-Insurance:
If any insurance should be cancelled or changed by the insurance company or should any insurance
expire during the period of this contract, the proposer 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 proposer and must be approved
by the City. At the option of the City, either the proposer shall eliminate or red uce such deductible
or the proposer shall procure a Bond, in a form satisfactory to the City, covering the same.
2.11 MONTHLY INVOICES PAYMENTS:
Cut-off date is the close of the last business day of the month. Proposer shall submit by the 10th
day of the following month proposer's completed Statement of Services/Invoice. Should the 10th
fall on a weekend or holiday, proposer shall submit his application on the next workday.
Proposer is advised that processing of invoices must follow this schedule, as the City has funding
requirements and other payment obligations which may prevent payment of late Statement of
Services for that month’s billing cycle. A late Statement of Services with a recommendation for
payment will be paid in the next month’s billing cycle.
2.12 LABOR, MATERIALS AND EQUIPMENT SHALL BE SUPPLIED BY PROPOSER:
Unless otherwise provided in Section 3 of this solicitation the proposer shall furnish the following,
including but not limited to, all labor, material, equipment, barricading, Maintenance of Traffic
(MOT) inclusive of any required off duty police officers, adequate supervision, and coordination for
satisfactory contract performance. When not specifically identified in the technical specifications,
such materials and equipment shall be of a suitable type and grade for the purpose and meeting
or exceeding all permit or industry standard requirements. All material, workmanship, 100%
design, testing and equipment shall be subject to the inspection and approval of the City Manager
or his designated representative for this project.
2.13 CLEAN-UP:
All unusable materials and debris shall be removed from the premised at the end of each workday,
and disposed of in an appropriate manner. Upon final completion, the proposer shall thoroughly
CITY OF SUNNY ISLES BEACH |REQUEST FOR PROPOSAL NO. 14-11-02 13
clean up all areas where work has been involved as mutually agreed with the a ssociated user
department’s project manager.
2.14 FEDERAL, STATE AND LOCAL REGULATIONS:
The successful Proposer shall comply with all federal, state and local ordinances, regulations, and
rules as well as any other laws that would apply to the proposed proje ct. Such Proposer’s costs
associated with regulatory requirements shall be included in the project cost whether depicted
specifically or not within the body of the proposal.
2.15 MATERIALS SHALL BE NEW AND WARRANTIED AGAINST DEFECTS:
The proposer hereby acknowledges and agrees that all materials, except where recycled content
is specifically requested, supplied by the proposer in conjunction with this solicitation and resultant
contract shall be new, warranted for their merchantability, and fit for a part icular purpose. In the
event any of the materials supplied to the City by the proposer are found to be defective or do not
conform to specifications: (1) the materials may be returned to the proposer at the proposer’s
expense and the contract cancelled or (2) the City may require the proposer to replace the materials
at the proposer’s expense. No provisions or allotments for delays or time extensions to the
schedule as a result of “defective”, unacceptable material, or reused material found shall be
granted.
In the event that material is suspected by the City of being reused or not new in original packaging,
the material may be rejected. The Proposer shall remove such material and replace it at his/her
cost and within the original schedule. No provisions or allotments for delays or time extensions to
the schedule as a result of “defective”, unacceptable material, or reused material found shall be
granted.
2.16 NOTIFICATION TO BEGIN WORK SHALL BE GIVEN THROUGH A NOTICE TO PROCEED:
The Proposer shall neither commence any work, nor enter a City work premise, until a written
Notice to Proceed (NTP) directing the Proposer to proceed with the work has been received by the
Proposer from the City Manager or his designee representative; provided however, that such
notification shall be superseded by any emergency work that may be required in accordance with
provisions included elsewhere in this solicitation and resultant contract.
2.17 ACCIDENT PREVENTION AND BARRICADES:
Barricades, cones, construction fencing and temporary construction fencing, per City regulations
and other relevant requirements, shall be provided by the Proposer when work is performed in
areas traversed by persons or when deemed necessary by the City Manager or his designe e at no
extra cost to the City.
Proposer shall comply with regulations and permit requirements for the placement of proper
fencing. Precautions shall be exercised at all times for the protection of persons and property. All
CITY OF SUNNY ISLES BEACH |REQUEST FOR PROPOSAL NO. 14-11-02 14
Proposers performing services under this contract shall conform to all relevant OSHA, State and
City regulations during the course of such effort. Any fined levied by the above mentioned
authorities for failure to comply with these requirements shall be borne solely by the responsible
Proposer.
2.18 WARRANTY SHALL BE SUPPLIED IN WRITTEN FORM:
2.18.1 Type of Warranty Coverage Required
The proposer shall provide a copy of its written warranty certificates with its initial offer, or upon
request from the City. Failure to meet this requirement may result in the offer being deemed non-
responsive. The warranty supplied by the proposer shall remain in force for the full period identified
by the proposer; regardless of whether the proposer is under contract with the City at the time of
defect. Any payment by the City on behalf of the goods or services received from the proposer
does not constitute a waiver of these warranty provisions. Proposer’s warranties shall be 1 (one)
year from final completion, backed by a warranty bond and shall include all delivery, labor, material,
and equipment for the correction, replacement, reinstallation, and/or removal of defective and/or
unacceptable work.
Warranties for specific components of the work shall be provided separately and on fabricators or
manufacturers original letterhead with original signatures.
2.18.2 Correcting Defects Covered Under Warranty
The proposer shall be responsible for promptly correcting any deficiency, at no cost to the City,
within seven (7) calendar days after the City notifies the proposer of such deficiency in writing. If
the proposer fails to satisfy the warranty within the period specified in the notice, the City may (a)
place the proposer in default of its contract, and/or (b) procure the products or services from
another source and charge the proposer for any additional costs that are incurred by the City for
this work or items; either through a credit memorandum or through invoicing.
2.19 DEFICINECIES IN WORK TO BE CORRECTED BY THE PROPOSER:
The Proposer shall be responsible for promptly correcting all apparent and latent deficiencies and/or
defects in work, and/or any work that fails to conform to the contract documents regardless of
project completion and status. All corrections shall be made with seven (7) calendar days after
such rejected defects, deficiencies and/or non-conformances are verbally reported to the Proposer
by the City’s project administrator, who may confirm all such verbal reports in writing. The Proposer
shall bear ALL costs of correcting such rejected work. If the Proposer fails to correct the work
within the period specified, the City may, at its discretion, notify the Proposer, in writing, that
the Proposer is subject to contractual defa ult provisions if the corrections are not completed to
the satisfaction of the City within seven (7) calendar days of receipt of the notice. If the proposer
fails to correct the work within the period specified in the notice, the City shall place the proposer
in default.
2.20 FURNISH AND INSTALL REQUIREMENTS:
CITY OF SUNNY ISLES BEACH |REQUEST FOR PROPOSAL NO. 14-11-02 15
The specifications and/or statement of work contained within this solicitation describe the various
function and classes of work required as necessary for the completion of work. Any omissions of
inherent technical functions or classes or work within the specifications and/or state ment of work
shall not relieve the proposer from furnishing, installing or performing such work where required
to the satisfactory completion of the project.
2.21 LICENSES, PERMITS AND FEES:
The Proposer shall obtain and pay for all licenses, permits and inspection fees required for this
project; and shall comply with all laws, ordinances, regulations and building code requirements
applicable to the work contemplated herein. Damages, penalties and/or fines imposed on the City
or the Proposer for failure to obtain required licenses, permits or fines shall be borne by the
Proposer.
2.22 LIQUIDATED DAMAGES FOR INCOMPLETE PROJECTS:
Failure to complete the project in accordance with the specifications and to the satisfaction of the
City with the time stated shall cause the bidder to be subject to charges for liquidated damages in
the amount four hundred dollars ($400.00) for each and every calendar day the work remains
incomplete beyond the scheduled completion deadline . As compensation due 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 ded uct the said liquidated damages from any amount due, or that may
become due to the bidder under this agreement, or to invoice the bidder for such damages if the
costs incurred exceed the amount due to the bidder.
2.23 WEEKLY PROGRESS REPORTS
Intentionally Omitted
END OF SECTION
CITY OF SUNNY ISLES BEACH |REQUEST FOR PROPOSAL NO. 14-11-02 16
Section 3
Scope of Services / Technical Specifications
3.1 SCOPE OF SERVICES
The City of Sunny Isles Beach, Florida, (the “City”) a municipality located in Miami -Dade County,
Florida, seeks Request for Proposals (“RFP”) responses from interested licensed and certified
Florida general contracting professionals (“Contractors” / “Proposers”) to submit proposals to
provide the City of Sunny Isles Beach with ALL the necessary work, labor, and equipment to design,
fabricate and install an extension piece to raise the existing steel frame and shade structure canopy
at Town Center Park a minimum of 2-ft higher than is currently existing. Work shall include removal
and reinstallation of the existing canopy. The successful Proposer shall deliver a 100% approved
turn-key project and will be expected to update the City regularly on the project progress.
It is understood that the selected Contractor is of a professional status, licensed to provide services
in the State of Florida and licensed for all applicable professional discipline(s) requiring licenses.
3.2 PROJECT SPECIFIC REQUIREMENTS
3.2.1 Additional Requirements
This RFP is intended to ensure that any successful Proposer provides a full turn-key operation.
Below is a list of additional requirements that form part of this project:
1. All steel plates must be ASTM A36
2. Steel tubes to be ASTM A500 Grade B, Fy = 46ksi
3. Steel pipes to be ASTM A500 Grade C, Fy = 46ksi
4. All welding shall be done in accordance with latest AWS standards. All welds are to
develop full strength of all component parts.
5. All bolts to be ASTM A325. Anchor bolts to be A307.
6. All bolts, nuts, rods etc to be galvanized G90 and painted to match existing
7. All holes in steel to be 13/16” diameter.
8. All fabricated steel to be powder coated to match existing
9. Proposer shall consider that the City is desirous to maintain the park open at all times.
The playground area beneath the canopy can be closed for limited time periods in order
to facilitate removal of the canopy structure. Any design proposed shall consider safety
CITY OF SUNNY ISLES BEACH |REQUEST FOR PROPOSAL NO. 14-11-02 17
controls and a schedule that will adhere to these requirements.
10. The Contractor must submit to the City a work plan detailing the procedure and schedule
to be used to execute the project. The work plan shall include a list of personnel and their
qualifications and experience (including back-up personnel in the event that an individua l
is unavailable), list of sub-contractors (if any), a schedule of work activity, a safety plan,
and contingency plans for possible problems. Work plan should be comprehensive, realistic
and based on actual working conditions for this particular project. Plan should document
the thoughtful planning required to complete the project.
11. The Contractor shall be responsible to obtain all necessary permits and ensure that the
permits remain active for the entire duration of the project at the sole expense of the
Contractor.
12. The successful proposer will be required to protect the areas to remain and repair/replace
damaged areas at no additional cost to the City.
3.2.2 Conceptual Plans:
At the time of proposal submission, the Proposer MUST submit a detailed sketch of what is being
proposed. Failure to provide sufficient data, information, and descriptions and/or material may
result in proposal rejection.
END OF SECTON
CITY OF SUNNY ISLES BEACH |REQUEST FOR PROPOSAL NO. 14-11-02 18
Section 4
Evaluation Process
4.1 Review of Proposals For Responsiveness
Each proposal will be reviewed to determine if the proposal is responsive to the submission
requirements outlined in the solicitation. A responsive proposal is one which follows the
requirements of this solicitation that includes all documentation, is submitted in the format
outlined in this solicitation, is of timely submission, and has the appropriate signatures as
required on each document. Failure to comply with these requirements may result in the
proposal being deemed non- responsive. The contract will be awarded to the lowest
responsible and responsive proposer whose proposal best serves the interest of and
represents the best values to the City in conformity with the criteria set forth in Section
62-8 of the City code.
4.2 Qualifications
Proposals will be evaluated on the criteria listed below.
Technical Qualifications
1. Proposer’s relevant experience, qualifications and past performance
2. 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
3. Proposer’s approach methodology to providing the services requested in this
solicitation
4. Proposed solution functionality, implementation and other objectives and
requirements as stated
Price
5. Proposer’s proposed price
4.2.1 MINIMUM REQUIREMENTS
In order to be considered responsive, Proposers shall, at a minimum, demonstrate
compliance with the following Pre-Qualification Criteria in their proposal. All
requested documentation and/or information shall be provided in the Proposal to
confirm that the Proposer has satisfied the Prequalification Criteria in order to be
properly evaluated as listed herein. Proposers failing to meet these requirements
shall be deemed non responsive. The Proposer shall, at the time of Proposal
submittal, time of award, and throughout the duration of the Contract, continue
to meet the following Pre-qualification Criteria requirements as stated in the
Solicitation Documents.
General Contractors License
Minimum of 5 years of Experience in Similar Construction
Meet minimum bonding and insurance requirements
Licensed to perform scope of work within Florida
CITY OF SUNNY ISLES BEACH |REQUEST FOR PROPOSAL NO. 14-11-02 19
4.3 Price Evaluation
The price proposal will be evaluated in combination with the technical proposal, including
an evaluation of how well it matches Proposer’s understanding of the City’s needs
described in this solicitation, the Proper’s assumptions, and the value of the proposed
services. The pricing evaluation is used as part of the evaluation process. The City reserves
the right to negotiate the final terms, conditions and pricing of the contract as may be in
the best interest of the City. Price is only one factor and the contract will be awarded in
conformity with the criteria set forth in Section 62-8 of the City Code.
4.4 Negotiations
The City may award a contract on the ba sis of initial offers received, without discussions.
Therefore, each initial offer should contain the Proposer’s best terms from a monetary and
technical standpoint.
Notwithstanding the foregoing, if the City and said Proposer(s) cannot reach agreement
on a contract, the City reserves the right to terminate negotiations and may, at the City
Manager’s or designee’s discretion, begin negotiations with the next lowest responsible
and responsive Proposer. This process may continue until a contact acceptable to the City
has been executed or all proposals are rejected. No Proposer shall have any rights against
the City arising from such negotiations or termination thereof.
Any Proposer recommended for negotiations may be required to provide to the City:
a) Its most recent certified business financial statements as of a date not earlier than the
end of the Proposer’s preceding official tax accounting period, together with a
statement in writing, signed by a duly authorized representative, stating that the
present financial condition is materially the same as that shown on the balance sheet
and income statement submitted, or with an explanation for material change in the
financial condition. A copy of the most recent business income tax return will be
accepted if certified financial statements are unavailable.
b) Information concerning any prior or pending litigation, either civil or criminal, involving
a governmental agency or which may affect the performance of services to be
rendered herein, in which the Proposer, any of its employees or subcontractors is or
has been involved within the last three years.
END OF SECTON
CITY OF SUNNY ISLES BEACH |REQUEST FOR PROPOSAL NO. 14-11-02 20
Section 5
Proposal Format
5.0 FORMAT
Proposers must submit (1) original and four (4) copies of the Proposal and one (1) CD or
electronic copy. The original Proposal must contain an original signature. Be sure that the
individual signing the Proposal is authorized to commit the Proposer's orga nization to the
Proposal as submitted. Each page of the Proposal should state the name of the Proposer,
the RFP 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 RFP will
become the property of the City.
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
Home office address and telephone number, and local address and phone
number
List of any outstanding litigation within the last five (5) years
Proof of insurance
Proof of bid guarantee
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 firm meets or exceeds the requirements of
this RFP.
A schedule of proposed services. The schedule should include the
Proposer's understanding of the issues and tasks of the project at hand.
A list of similar completed projects for work completed in the last eight (8)
years.
Owned equipment to be utilized on the project noting if it is owned by the
prime, subcontractor or rented.
3. Staffing
Relevant experience and qualifications of key personnel, including key personnel
of subcontractors, that will be assigned to this project and experience and
qualifications of subcontractors. The composition of the staff team should include:
CITY OF SUNNY ISLES BEACH |REQUEST FOR PROPOSAL NO. 14-11-02 21
The names of the employees in the area responsible for this contract.
Their function in the company.
The name of the person who will be responsible for the coordination of
work.
Experience and qualifications of staff and satisfactory record of
performance of staff.
Education, certificates and licenses held by key staff.
4. Schedule / 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
5. Cost of Services
Each firm shall submit in their price proposal and any pricing conditio ns or
contingencies must be clearly stated.
6. References
Each Proposer must submit a list of three (3) references of Current and Past
Customers of which they have provided services similar in scope and size of those
described herein.
Each Reference must be supplied on Client’s letterhead
Each Reference letter must be signed with contact person and phone
number.
The City retains the right to request any additional information pertaining to the
Proposer's ability, qualifications, and procedures used t o accomplish all work under
the contract as it deems necessary to ensure safe and satisfactory work.
7. Contract Forms
All completed contract forms
8. Conceptual Sketch
The Proposer MUST submit a detailed sketch of what is being proposed. Failure to
provide sufficient data, information, and descriptions and/or material may result
in proposal rejection.
END OF SECTION
CITY OF SUNNY ISLES BEACH |REQUEST FOR PROPOSAL NO. 14-11-02 22
DELIVER TO:
City of Sunny Isles Beach
City Clerk
18070 Collins Avenue
Sunny Isles Beach, FL 33160
REQUEST FOR PROPOSAL
SECTION 6
BID SUBMITTAL FORMS
OPENING: 2:00 P.M.
January 7, 2015
PLEASE QUOTE PRICES F.O.B. DESTINATION, LESS TAXES, DELIVERED IN
CITY OF SUNNY ISLES BEACH, FLORIDA
NOTE: City of Sunny Isles Beach is exempt from all taxes (Federal, State, and Local). Bid price should be
less all taxes. Tax Exemption Certificate furnished upon request.
Issued by: Purchasing Agent
Andrew J. Rozwadowski
Date Issued:
November 19, 2014
This Bid Submittal Consists of
Pages 22 through 26
Sealed bids are subject to the Terms and Conditions of this Request for Proposal and the accompanying
Bid Submittal. Such other contract provisions, specifications, drawings or other data as are attached or
incorporated by reference in the Bid Submittal, will be received at the office of the City Clerk at the address
shown above until the above stated time and date, and at that time, publicly opened for furnishing the
supplies or services described in the accompanying Bid Submittal Requirement.
RFP No. 14-11-02
TOWN CENTER PARK SHADE STRUCTURE SPOOL PIECE FABRICATION
A Bid Deposit in the amount of 5% of the total amount of the bid shall accompany all bids
A Performance and Payment Bond in the amount of 100% 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
Procurement Agent: Firm Name:
Andrew Rozwadowski
________________________________________
Commodity Code(s):
RETURN ONE ORIGINAL AND FOUR COPIES OF BID SUBMITTAL PAGES AND AFFIDAVITS
FAILURE TO SIGN PAGE 26 OF SECTION 7 WILL RENDER YOUR BID NON-RESPONSIVE
CITY OF SUNNY ISLES BEACH |REQUEST FOR PROPOSAL NO. 14-11-02 23
TOWN CENTER PARK SHADE STRUCTURE SPOOL
PIECE FABRICATION BID FORM
Item
No. Description Qty Price ($)
1 Remove and reinstallation of existing fabric
canopy cover LS ________
2
Fabricate and install custom spool pieces to
raise existing steel frame and cover a
minimum of 2-ft higher than existing
LS 1 ________
3 Permit Allowance LS 1 $1500
Total Bid Price ________
CITY OF SUNNY ISLES BEACH |REQUEST FOR PROPOSAL NO. 14-11-02 24
SECTION 7
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
FIRM NAME:
AUTHORIZED SIGNATURE: DATE:
TITLE OF OFFICER:
CITY OF SUNNY ISLES BEACH |REQUEST FOR PROPOSAL NO. 14-11-02 25
BID SUBMITTAL FORM
Bid Title: TOWN CENTER PARK SHADE STRUCTURE MODIFICATION
The undersigned Proposer proposes and agrees, if this Bid is accepted, to enter into an agreement with
The City of Sunny Isles Beach to perform and furnish all Work as specified or indicated in the Contract
Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with
the other terms and conditions of the Contract Documents.
The Proposer accepts all of the terms and conditions of the Advertisement or Invitation to Bid and
Instructions to Proposers, including without limitation those dealing with the disposition of Bid Security.
This Bid will remain subject to acceptance for 90 days after the day of Bid opening. The Proposer agrees
to sign and submit the Agreement with the Bonds and other documents required by the Bidding
Requirements within ten days after the date of the City’s Notice of Award.
In submitting this Bid, the Proposer represents, as more fully set forth in the Agreement, that:
The Proposer has familiarized himself/herself with the nature and extent of the Contract
Documents, Work, site, locality, and all local conditions and Law and Regulations that in any
manner may affect cost, progress, performance, or furnishing of the Work.
The Proposer has studied carefully all reports and drawings of subsurface conditions and
drawings of physical conditions.
The Proposer 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 Bid 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 Proposer to submit a false or sham Bid; the Proposer has not solicited or induce d
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 Proposer or over the City.
The City and the successful Proposer will establish completion times for each individual Work Item and the
successful Proposer 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.
CITY OF SUNNY ISLES BEACH |REQUEST FOR PROPOSAL NO. 14-11-02 26
Firm Name:
_____________________________________________________________________________
Street Address:
_____________________________________________________________________________
Mailing Address (if different):
_____________________________________________________________________________
Telephone No. _______________________________Fax No. _________________________
Email Address: _______________________________FEIN No. __/__-__/__/__/__/__/__/__
*“By signing this document the bidder agrees to all Terms
Signature:
__________________________________________________________________
(Signature of authorized agent)
Print Name: _________________________
Title:_________________________________________
THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF PROPOSER 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 FOR PROPOSAL NO. 14-11-02 27
AFFIDAVITS
1 of 10
2 of 10
3 of 10
4 of 10
5 of 10
6 of 10
7 of 10
8 of 10
PERFORMANCE BOND
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 947-0606 Fax: (305) 949-3113
FORM OF PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That, pursuant to the requirements of Florida Statute 255.05, we,
_______________________________________, as Principal, hereinafter called Contractor, and
________________________, as Surety, are bound to the City of Sunny Isles Beach, Florida, as Obligee,
hereinafter called City, in the amount of ________________________________ Dollars ($
_____________) for the payment whereof Contractor and Surety bind themselves, their heirs, executors,
administrators, successors and assigns, jointly and severally.
WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract No.:
______________, awarded the day of , 20 , for
_______________________________________ in accordance with contract documents prepared by the City of
Sunny Isles Beach, which Contract is by reference made a part hereof, and is hereafter referred to as the Contract;
THE CONDITION OF THIS BOND is that if the Contractor:
16.1. Fully performs the Contract between the Contractor and the City for
_________________________________ (Bid No. ______________) within calendar days after the
date of Contract commencement as specified in the Notice to Proceed and in the manner prescribed in the
Contract; and
16.2. Indemnifies and pays City all losses, damages (specifically including, but not limited to, damages for delay
and other consequential damages caused by or arising out of the acts, omissions or negligence of Contractor),
expenses, costs and attorney's fees including attorney's fees incurred in appellate proceedings, that City sustains
because of default by Contractor under the Contract; and
16.3. Upon notification by the City, corrects any and all defective or faulty Work or materials which appear within
one and one half (1 1/2) years, and:
16.4. Performs the guarantee of all Work and materials furnished under the Contract for the time specified in
the Contract, then this Bond is void, otherwise it remains in full force. Whenever Contractor shall be, and declared
by City to be, in default under the Contract, the City having performed City’s obligations thereunder, the Surety
may promptly remedy the default, or shall promptly:
16.4.1. Complete the Contract in accordance with its terms and conditions; or
16.4.2. Obtain a Bid or Bids for completing the Contract in accordance with its terms and conditions, and
upon determination by Surety of the best, lowest, qualified, responsible and responsive Bidder,
or, if the City elects, upon determination by the City, and Surety jointly of the best, lowest,
qualified, responsible and responsive Bidder, arrange for a Contract between such Bidder and
City, and make available as Work progresses (even though there should be a default or a
succession of defaults under the Contract or Contracts of completion arranged under this
paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price;
but not exceeding, including other costs and damages for which the Surety may be liable
hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract
Price." as used in this paragraph, shall mean the total amount payable by City to Contractor under
the Contract and any amendments thereto, less the amount properly paid by City to Contractor.
No right of action shall accrue on this Bond to or for the use of any person or corporation other than the City
named herein.
The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and
compliance or noncompliance with any formalities connected with the Contract or the changes do not affect
Surety's obligation under this Bond.
Signed and sealed this day of , 20 .
WITNESS: BY:
(Name of Corporation)
_________________________
Secretary
(Signature)
(CORPORATE SEAL)
(Type Name and Title Signed Above)
IN THE PRESENCE OF; INSURANCE COMPANY:
BY:
*Agent and Attorney-in-Fact
* (Power of Attorney must be attached)
(Address)
______________________________
(City/State/Zip Code)
______________________________
(Telephone)
STATE OF FLORIDA
COUNTY OF _________________________
The foregoing instrument was acknowledged before me this _____ day of __________________, 20____,
by _________________________________________________________ [name of person], as
__________________________________ [type of authority], for ________________________________ [name
of party on behalf of whom instrument was executed].
AFFIX NOTARY STAMP HERE: ______________________________________
Signature: Notary Public – State of Florida
______________________________________
Print or Type Commissioned Name
Personally Known __________ OR Produced Identification __________
Type of Identification Produced ________________________________