HomeMy WebLinkAboutRFQ 16-04-02 LandscapeArch (Final)
City of Sunny Isles Beach |Request for Qualifications No. 16-04-02 1
Request for Qualifications
Services
Landscape Architect Services
Request for Qualifications No. 16-04-02
Publish Date:
Responses Due and Opening Date:
04/05/2016 05/12/2016 at 2:30 PM
All Questions Due:
04/22/2016 by 5:00 PM
Where to Deliver Responses
Attn: City Clerk
Sunny Isles Beach Government Center
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
City of Sunny Isles Beach |Request for Qualifications No. 16-04-02 2
TABLE OF CONTENTS
Table of Contents....................................................................................................................... Page 2
Legal Advertisement/Notice to Respondents ................................................................................ Page 3
Instructions to Bidder/General Terms and Conditions .................................................... Section 1, Page 4
Special Terms and Conditions ...................................................................................... Section 2, Page 9
Scope of Services & Technical Specifications ............................................................... Section 3, Page 12
Evaluation Process .................................................................................................... Section 4, Page 14
Content and Format .................................................................................................. Section 5, Page 15
Forms:
Cover Page ........................................................................................................................ Page 17
Addenda Acknowledgement ................................................................................................ Page 18
Affidavits ..................................................................................................................................Page 19
Non-Collusion Affidavit
Public Entity Crimes
Equal Opportunity / Affirmative Action Statement
Conflict of Interest Statement
Dispute Disclosure Form
Anti-Kickback Affidavit
City of Sunny Isles Beach |Request for Qualifications No. 16-04-02 3
LEGAL ADVERTISEMENT
NOTICE TO RESPONDENTS
NOTICE IS HEREBY GIVEN that the City of Sunny Isles Beach (City), pursuant to Florida Statute Section
287.055, “Consultants’ Competitive Negotiation Act”, is seeking to retain the services of
Landscape Architect Services
RFQ No. 16-04-02
The Request for Qualifications (RFQ) is available from DemandStar by calling (800) 711-1712 or by
accessing their website at www.demandstar.com. The RFQ may also be examined at the City of Sunny
Isles Beach – Office of the City Clerk. Firms who obtain the RFQ from sources other than DemandStar or
the City of Sunny Isles Beach are cautioned that their response package may be incomplete. Addenda will
be posted and disseminated by DemandStar at least five days prior to the submittal date to all firms who
are listed on the official list. The City may not accept incomplete submissions.
Sealed submittals will be received by the City Clerk no later than 2:30 PM on Thursday, May 12th 2016
at the Sunny Isles Beach Government Center located at 18070 Collins Avenue, 4th floor, Sunny Isles Beach,
Florida, 33160. Submittals received after this time will not be considered. The City is under no obligation
to return submittals. Responses will be publicly opened and firm names read aloud at that time.
The envelope containing the sealed RFQ must be clearly marked:
RFQ No. 16-04-02
Landscape Architect Services
OPENING DATE AND TIME: Thursday, May 12th 2016 at 2:30 PM
The City reserves the right to reject any or all submittals, with or without cause, to waive technical errors
and informalities, and to accept the submittal determined to be in the best interest of the City and pursuant
to the requirements set forth in the Consultants’ Competitive Negotiation Act (“CCNA”), Section 287.055,
Florida Statutes.
All questions regarding this RFQ shall be directed in writing to Jane A. Hines, CMC, City Clerk, NO LATER
THAN APRIL 22ND 2016 BY 5:00 PM Questions may be submitted via email to: JHines@sibfl.net or
via facsimile (305) 792-1563. 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 Qualifications No. 16-04-02 4
SECTION 1
INSTRUCTIONS TO RESPONDENTS / GENERAL TERMS AND CONDITIONS
THESE INSTRUCTIONS ARE STANDARD FOR ALL REQUEST FOR QUALIFICATIONS 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
QUALIFERS. ANY AND ALL SPECIAL CONDITIONS THAT MAY VARY FROM THE GENERAL CONDITIONS SHALL HAVE PRECEDENCE. FIRM AGREES THAT THE PROVISIONS
INCLUDED WITHIN THIS RFQ SHALL PREVAIL OVER ANY CONFLICTING PROVISION WITHIN ANY STANDARD FORM CONTRACT OF THE QUALIFER REGARDLESS OF ANY
LANGUAGE IN QUALIFER’S CONTRACT TO THE CONTRARY.
1.1 CLARIFICATION/EXPLANATION/QUESTIONS:
Any questions concerning this Request for Qualifications 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 Request for Qualification
documents. Only questions answered by written addenda shall be
binding. Oral interpretations or clarifications shall be without legal
effect. No plea of ignorance or delay or required need of additional
information shall exempt a Respondent from submitting their
submission on the required date and time as publicly noted.
1.2 PLAN HOLDER’S LIST:
As a convenience to vendors, the City of Sunny Isles Beach has made
available via Internet lists of all plan holders for each Request for
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 firms
(those who have been registered as receiving qualifications) receive
the documents. It is the responsibility of the firm prior to the
submission of any Submittal 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’s must be acknowledged
on the ACKNOWLEDGEMENT OF ADDENDA sheet.
1.4 SPECIAL ACCOMMODATIONS:
Any person requiring a special accommodation at a 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-Qualifications
Conference or 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 submittal on a contract to provide any goods or
services to a public entity, may not submit a submittal on a contract
with a public entity for the construction or repair of a public Facility
or public work, may not submit submittals 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 RESPONDENT DEADLINE:
Package must be submitted no later than the time and date shown
within this document.
1.7 SEALED BID:
Intentionally Omitted
1.8 QUALIFICATION EXECUTION, SIGNATURES,
ERASURE/CORRECTION:
All submissions shall be signed in blue ink. All corrections made by
the firms prior to the opening must be initialed and dated by the
firms. No changes or corrections will be allowed after RFQ’s are
opened. Submissions must contain an original, manual signature of
an authorized representative of the company.
1.9 WITHDRAWAL OF SUBMISSIONS:
Qualified Firms may withdraw submissions only by written request
and shall forward the withdrawal request via “Certified U.S. Mail –
Return Receipt Requested” prior to opening time. Negligence on the
part of the Firm in preparing the document confers no right for the
withdrawal of the submission after it has been opened.
1.10 SUBMISSION OPENING:
Submissions will be opened publicly at the time and place stated in
the Notice to Qualifier. It is the responsibility of the Firm, to insure
that the submission reaches the Office of the City Clerk on or before
the closing hour and date stated on the Request for Qualifications.
After the submission opening, the names of the submitting Firms will
be made public for the information of firms and other interested
parties who may be present either in person or by representative.
Submissions that are received after the opening time will not be
considered and will not be returned.
1.11 EVALUATION OF SUBMISSIONS:
The City, at its sole discretion, reserves the right to inspect any/all
Firms facilities to determine their capability of meeting the
requirements for the Contract. Also, responsibility, and
responsiveness of the Firm, 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 Firm’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
submission, as applicable.
1.11.2 Cancellation: Failure on the part of the Firm 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
City of Sunny Isles Beach |Request for Qualifications No. 16-04-02 5
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 PERFORMANCE BOND:
Intentionally Omitted
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. The City holds a firm stance on our standard
NET 30 payment terms and the responding firm shall understand and
accepts this. All invoices must bear the purchase order number.
1.14 BRAND NAMES:
Intentionally Omitted
1.15 MATERIAL:
Intentionally Omitted
1.16 SAMPLES:
Intentionally Omitted
1.17 QUANTITY GUARANTY:
Intentionally Omitted
1.18 GOVERNMENTAL RESTRICTIONS ON MATERIALS:
Intentionally Omitted
1.19 SAFETY STANDARDS:
Intentionally Omitted
1.20 WARRANTIES:
Intentionally Omitted.
1.21 COPYRIGHTS/PATENT RIGHTS:
Intentionally Omitted
1.22 LOCAL BUSINESS TAX (OCCUPATIONAL LICENSE
REGISTRATION):
The firm shall be responsible for obtaining and maintaining
throughout the contract period his or her city and county local
business tax receipts. Each Firm submitting a submittal on this
Request for Qualifications shall include a copy of the company’s local
business tax/occupational license(s) with the qualifiers 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. 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:
Firms shall assume the full duty, obligation, and expense of obtaining
all necessary licenses, permits, inspections, and insurance required.
The Firm shall be liable for any damages or loss to the City
occasioned by negligence of the Firm (or their agent) or any person
the Firm has designated in the completion of their contract as a result
of the submission. Firm 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.
Firm shall include current Miami-Dade County Certificates of
Competency. These documents shall be furnished to the City along
with the Firms response. Failure to furnish these documents or to
have required licensor will be grounds for rejecting the submission.
1.24 CERTIFICATE (S) OF INSURANCE:
Firm 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 RFQ and
section. At the time of Firms submission the Firm 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 Firm 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 Firms,
which relate to the activities of such vendor and the City of Sunny
Isles Beach. Such notification shall be in writing, and shall be
submitted to the City finance support service director thirty (30) days
prior to cancellation of such policies. This requirement shall be
reflected on the certificate of insurance. Failure to fully and
satisfactorily comply with the city's insurance and bonding
requirements set forth herein will authorize the City Manager to
implement a rescission of the Bid award without further City
Commission action. The Firm 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 Firm shall not transfer or assign the performance required by
this RFQ without the prior written consent of the City Manager. Any
award issued pursuant to the Request for Qualifications 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 Firm changes hands subsequent
to the award of this contract, Firm 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 Firm 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 RFQ and / or from any procurement decision of the City including
without limitation, awarding the Contract to the Firm.
City of Sunny Isles Beach |Request for Qualifications No. 16-04-02 6
1.27 NON-CONFORMANCE TO CONTRACT:
Intentionally Omitted
1.28 DEFAULT PROVISION:
In case of default by the Firm, the City of Sunny Isles Beach may
procure the articles or services from other sources and hold the Firms
responsible for any excess costs occasioned or incurred thereby.
1.29 SECONDARY/OTHER FIRMS:
Intentionally Omitted.
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.
Firm: Any person or corporation submitting a
package for RFQ 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 Firms, Contractor's Bid,
the Bonds, the Notice of Award, the
Agreement between the City and
Contractor as well as any addenda
thereto, these General Conditions,
Special Conditions, the Technical
Specifications, Drawings and
Modifications, Notice to Proceed,
Request for Qualifications, 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 Firms 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 that 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
City of Sunny Isles Beach |Request for Qualifications No. 16-04-02 7
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 REQUEST FOR QUALIFICATION AWARD:
The City reserves the right to reject any and all submissions at its
sole discretion. The City shall award contract after the City performs
all necessary searches, inquiries, exploration, and analysis of the
submissions. The award of the contract shall be done in accordance
with the Consultants’ Competitive Negotiation Act (“CCNA”), Section
287.055, Florida Statutes. No Notice of Award will be given until the
City has concluded any investigation(s) as they deem necessary to
establish the Firm’s capability to perform the Services as described
in this RFQ 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 Firms 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 submissions of any Firms on the basis of these
queries and investigations and to reject those who do not meet the
City’s satisfaction. When analyzing submissions, the City will 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 Firm a Contract for execution within ninety (90) days after
opening of submissions.
1.32 EXECUTION OF AGREEMENT:
At least four counterparts of the Agreement, the Certificates of
Insurance and such other Documents as required by the Contract
Documents shall be executed and delivered by the Firm to the City
within ten (10) calendar days of receipt of the Notice of Award.
1.33 LAWS AND REGULATIONS:
The Firm will give all notices and comply with all laws, ordinances,
rules and regulations applicable to the Work. If the Firm 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 Firm 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 Firm 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 Firm, agents, servants or employees. The
Firm 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 Firm or 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 Firm 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, Firm,
upon written notice from City shall defend such action or proceeding
by counsel satisfactory to City. The indemnification provided above
shall obligate Firm 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 Firm 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 Firm 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 Firm 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 fail to supply
sufficient skilled workmen or equipment, or if 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 Firm ten (10) days written notice and terminate the
services of the Firm if they fail to cure the noted violations within this
day cure period. In such case the Firm shall only be paid for Work
satisfactorily performed up to the effective date of termination.
1.37.1 Where the Firm’s services have been so terminated by
the City said termination should not affect any rights of
the City against the Firm then existing or which may
thereafter accrue. Any retention or payment of
moneys by the City due the Firm will not release the
Firm from liability.
1.37.2 Upon ten (10) days written notice to the Firm, the City
may, without cause and without prejudice to any other
right or remedy, elect to terminate the Agreement
without cause. In such case, the Firm shall be paid for
all Work satisfactorily performed and accepted by the
City as of the effective date of the termination. No
payment shall be made for lost profit or any other
consequential damages for Work that has not been
performed regardless of whether Firm is terminated
with or without cause.
1.38 MISCELLANEOUS:
Firm 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.
City of Sunny Isles Beach |Request for Qualifications No. 16-04-02 8
1.38.2 The Contract Documents shall remain the property of
the City. The Firm 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
Firm 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 Firm 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 Firm 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, VENUEAND WAIVER OF JURY TRIAL:
It is agreed that this Agreement shall be governed by, construed and
enforced in accordance with the laws of the State of Florida. In the
event it becomes necessary for either party to initiate legal action
regarding this Agreement venue shall be in the Eleventh Judicial
Circuit in and for Miami Dade County, Florida, for any claims under
state law and in the Southern District of Florida, Miami Division, for
any claims brought in federal court. If either party utilizes such legal
action, including appeals, if necessary, to enforce this Agreement,
the prevailing party shall be entitled to recover its reasonable
attorney’s fees and costs at the pretrial, trial and appellate levels.
Each of the parties hereto hereby knowingly, voluntarily and
intentionally, waives the right which any party may have to a jury
trial in respect of any action, proceeding, litigation or counterclaim
based hereon or arising out of, under, on or in connection with this
Agreement or any course of conduct, course of dealing, statements
(whether verbal or written) or actions of either of party
1.41 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 Firm
which relate in any way to the Work, and to any claim for additional
compensation made by Firm, and to conduct an audit of the financial
and accounting records of Firm which relate to the Work. Firm shall
retain and make available to City all such books and records and
accounts, financial or otherwise, which relate to the Work and to any
claim for a period of three years following final completion of the
Work. During the Work and the three-year period following final
completion of the Work, Firm shall provide City access to its books
and records upon five days written notice.
1.42 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.
1.43 INDEPENDENT FIRM:
The Firm is an independent contractor under the Contract. Services
provided by the Firm shall be by employees of the Firm and subject
to supervision by the Firm, 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 Firm.
End of Section
City of Sunny Isles Beach |Request for Qualifications No. 16-04-02 9
SECTION 2
SPECIAL TERMS AND CONDITIONS
2.1 PURPOSE OF SOLICITATION
The City of Sunny Isles Beach, Florida (City) a municipality located in Miami-Dade County, Florida,
seeks to retain the services of landscape architect firm pursuant to Florida Statute Section 287.055,
Consultants’ Competitive Negotiation Act. The City intends to retain one or more qualified firms to
provide such services on an as-needed basis through continuing contracts.
2.2 CONTRACT TERM AND RENEWALS
The initial contract term shall be one year. The City, at its sole option, may renew the contract for
four (4) one-year renewal terms.
2.3 METHOD OF AWARD
Award shall be made in accordance with Section 1.31 of the General Terms and Conditions and
other requirements of this RFQ, including Florida Statute Section 287.055, Consultants’ Competitive
Negotiation Act.
2.4 MINIMUM QUALIFICATION
To be eligible to respond to this RFQ, Firms must meet all of the following minimum
qualification at the time when responses are due:
2.4.1 Firm shall possess a State of Florida Registered Landscaping Architect license;
and Certificate of Authorization for Landscape Architecture Busine ss (Florida
Statutes Chapter 481).
2.4.2 Firm shall be properly registered and in compliance with the State of Florida in
addition to being licensed and registered with the Department of Business and
Professional Regulation to practice their profession in the State of Florida.
2.4.3 Firm must have a minimum of five (5) years municipal experience in landscape
architecture. Provide a list of not less than three (3), nor more than seven (7)
municipal projects for which the Firm has been directly involved.
2.4.4 Be able to provide references for at least three (3) business clients and/or
governmental agencies to which it is currently providing, or has provided
services in Florida within the last five years. Only one reference may be used
for projects completed for the City.
City of Sunny Isles Beach |Request for Qualifications No. 16-04-02 10
2.5 EXECUTION OF THE AGREEMENT
The Agreement shall be executed and delivered by the Firm to the City within ten (10) calendar
days of receipt of the Agreement. At that time, the Firm shall also provide the Certificate of
Insurance in accordance with the following subsection.
2.6 INSURANCE
In addition to the Certificate of Insurance requirements specified in the General Terms and
Conditions, the following types of insurance and their respective limits are required:
2.6.1 Comprehensive General Liability Insurance
Firm shall be required to purchase, maintain, and keep in full force, effect, and good
standing, Comprehensive General Liability with primary limits of One Million Dollars
($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate during the
initial and any renewal term of this Agreement. 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:
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.
Independent Contractors
Broad Form Property Damage
Broad Form Contractual Coverage applicable to this specific Contract, including
any hold
Harmless and/or indemnification agreement.
Personal Injury Coverage with Employee and Contractual Exclusions removed, with
minimum limits of coverage equal to those required for Bodily Injury L iability and
Property Damage Liability.
2.6.2 Umbrella Insurance
Firm shall be required to purchase, maintain, and keep in full force, effect, and good
standing, Umbrella Liability Insurance above the primary commercial general liability,
automobile liability, and employers' liability policies required herein. The limit shall not be
less than One Million Dollars ($1,000,000.00) each occurrence and annual aggregate per
occurrence during the initial and any renewal term.
2.6.3 Worker’s Compensation Insurance
Worker's Compensation Insurance for statutory obligations imposed by Worker's
Compensation or Occupational Disease Laws, including, where applicable, the United States
Longshoremen's and Harbor Worker's Act, the Federal Employers’ Liability Act and the Homes
Act. Employer's Liability Insurance shall be provided with a minimum of One Million Dollars
($1,000,000.00) per accident. Contractor agrees to be responsible for the employment,
City of Sunny Isles Beach |Request for Qualifications No. 16-04-02 11
conduct and control of its employees and for any injury sustained by such employees in the
course of their employment.
2.6.4 Professional Liability Insurance
Professional Liability Insurance including Errors and Omissions with minimum limits of One
Million Dollars ($1,000,000.00) $1,000,000.00 per occurrence.
2.6.5 Cancellation and Re-Insurance
If any insurance should be cancelled or changed by the insurance company or should any
insurance expire during the period of this contract, the Firm shall be responsible for
securing other acceptable insurance to provide the coverage specified in this sectio n to
maintain coverage during the life of this Contract. All deductibles must be declared by the
Firm and must be approved by the City. At the option of the City, either the Firm shall
eliminate or reduce such deductible or the Firm shall procure a Bond, in a form satisfactory
to the City, covering the same.
NOTE: THE CITY OF SUNNY ISLES BEACH, CONTRACT NUMBER AND PROJECT
TITLE MUST APPEAR ON EACH CERTIFICATE OF INSURANCE.
END OF SECTION
City of Sunny Isles Beach |Request for Qualifications No. 16-04-02 12
SECTION 3
SCOPE OF SERVICES / TECHNICAL SPECIFICATIONS
3.1 SCOPE OF SERVICES
The scope of services may include, but is not limited to, the following:
Provision of signed and sealed drawings and specifications for landscaping construction
projects
Site master planning, analysis and design
Urban design plans/concept diagrams
Open space planning, analysis and design
Development of design guidelines
Development of Maintenance Standards
Renderings
Beach and Dunescaping
Active and Passive Park Design
Irrigation Design, Operation and Maintenance
Median and Swale Landscaping Design
Streetscape planning, analysis and design
Natural resource planning, analysis and design
Cost estimates
Provide plans developed on AutoCAD’s latest version, and copies of a reproducible hard
copy and CD of plans to the City
Feasibility analysis
Peer review analysis
Construction phase services including site inspections
Building Department plan and permit review
Permit assistance
Tree surveys
RER tree removal permitting
Attendance at meetings with City staff and presentations to City Commission
3.2 REQUIREMENTS AND DELIVERABLES
Firms shall be responsible for reviewing existing Miami-Dade County, City of Sunny Isles Beach
Codes, Resolutions and Ordinances and State of Florida Building Codes and for incorporating data
into complete construction documents including final construction plans (working drawings),
technical specifications, construction estimates, and related bid documents necessary for the
bidding and construction of projects.
Firms shall be responsible for obtaining all Federal, State and local permits and/or approvals from
DERM/RER, Florida Department of Environmental Protection, Miami -Dade County, Florida
City of Sunny Isles Beach |Request for Qualifications No. 16-04-02 13
Department of Transportation (FDOT) as necessary and all City of Sunny Isles Beach Building
permits necessary for the construction of projects.
Firms shall provide a comprehensive summary of the experience and qualifications of the individual
who will be selected to serve as the Project Manager. This individual must have a minimum of five
(5) years experience in landscape architecture for municipal projects and should serve as Project
Manager on a minimum of three (3) similar projects. This individual must be capable of speaking
and making decisions on behalf of the Firm.
Additionally, Firms shall:
• Provide timely delivery services and resources
• Ensure that candidates for projects meet required qualifications and check references before
recommending to the City
• Supervise consulting and sub consulting staff; oversee their work and performance
• Manage the project (timelines, budget, deliverables, and contingencies) and track the
progress
• Quality assures all deliverables; ensure written reports are polished and coherent
• Communicate regularly with the City Work Order Project Managers
Deliverables shall be submitted by the Firm on or before the date as delineated in the Agreement
for each project.
The City shall review, comment, reject and/or approve the deliverables.
3.3 WORK ORDER ASSIGNMENT AND COST NEGOTIATION
The City Manager or his designee will be the Contract Administrator for each project. As the need
arises, the Contract Administrator will provide the scope of services to one of the contracted Firms
for a specific project. The Firm will provide a detailed level of effort, and a project and staffing
schedule that conforms to the Contract Administrator’s project and schedule requirements. The
Firm shall include the experience and capability of particular personnel who will perform the work.
The City will negotiate the contract in accordance with Florida Statute Section 287.055, Consultants’
Competitive Negotiation Act.
Each project will require a fully executed amendment, subject to City Commission approval, if
necessary, to the existing Agreement between the Firm and City prior to the commencement of
any services.
END OF SECTION
City of Sunny Isles Beach |Request for Qualifications No. 16-04-02 14
SECTION 4
EVALUATION PROCESS
4.1 EVALUATION COMMITTEE AND PROCESS
A fact finding committee will be established to review all submittals in response to this RFQ. The
committee will first review each submittal for compliance with the minimum qualifications set forth
in Section 2.4 of this RFQ. Firms may be deemed non-responsive if they do not meet the minimum
qualifications.
Next, the fact finding committee will review the submissions to determine if they are responsive to
the RFQ 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. Failure
to comply with these requirements may result in the proposal being deemed non -responsive.
Firms who have both met the minimum qualifications and where their submissions were deemed
responsive and responsible will be further reviewed by the committee. Evaluation of submissions
will include the criteria set forth in Florida Statute Section 287.055. The fact finding committee will
then submit their findings to the City Manager who will rank the Firms for award consideration.
The City reserves the right to accept or reject any or all submissions, based upon its deliberations
and opinions.
If oral presentations are requested by the City, Firms will be given one week to prepare and present
to the fact finding committee. The City Manager will re-rank the Firms upon the completion of the
oral presentations.
After the ranking has been completed, the City Manager will present the ranking of the top Firm(s)
to the City Commission for consideration.
The City Manager reserves the right to cancel this solicitation at any time.
END OF SECTON
City of Sunny Isles Beach |Request for Qualifications No. 16-04-02 15
SECTION 5
CONTENT AND FORMAT
5.1 INSTRUCTIONS TO RESPONDENTS
The fact finding committee is tasked to review all qualified submissions as described in the pre vious
Section. To do so, it is very important that all of the submissions are well organized, concise, and
include the required RFQ information for the committee to conduct meaningful evaluations. Firms
are instructed to provide the specific information and any additional information they deem
necessary to show that they are fully qualified to provide the services. Give special attention to the
submission requirements in this Section.
All submissions must be bound. Submit one (1) original, three (3) copies, and one (1) digital
compact fie (CD-ROM) or flash drive (must be clearly labeled with Company Name, Bid Title and
Number). The original submission must contain an original signature and clearly marked as
“Original”. The individual signing the Firm’s submission must be authorized to commit the Firm to
the terms and conditions of this RFQ and its submittal.
5.2 RESPONSE CONTENT AND FORMAT
All submissions are required to include the following information, forms, and attachments. In
addition, submissions must be organized, tabbed, and labelled in the following order:
1. Cover Page
Complete and sign the Cover Page form that is provided in this RFQ.
2. Table of Contents
Outline the major areas required in this RFQ with corresponding page numbers.
3. Minimum Requirements
Submit supporting documents for minimum requirements specified in Section 2.4.1 and
2.4.2 for both the prime and supporting Firms, if any.
4. Background and Organizational Structure
Describe the Firm’s organization, history and background, principals, officers, owners,
board of directors and/or trustees, the primary markets served, the total current number
of employees, the current number of professional employees by classification, state the
number of years that the Firm has been in business . Include a current organizational
chart, identifying key professionals and their area of responsibility, including
subcontractors, if applicable.
City of Sunny Isles Beach |Request for Qualifications No. 16-04-02 16
5. Qualifications
Provide a complete Standard Form 330. Inclusive of a list of the professional members
of the Firm and provide a brief resume that includes education, experience, licenses and
any other pertinent information to demonstrate their qualifications.
6. Standard Schedule of Fees
Provide a copy of the Firm’s current standard schedule of fees.
7. Minority/Women (M/WBE) Participation
If your firm is a certified minority business enterprise as defined by the Florida Small
and Minority Business Assistance Act, include your certification.
If your firm is not a certified M/WBE, describe your company’s previous efforts, as well
as planned efforts in meeting M/WBE procurement goals under Florida Statute Section
287.09451
8. Joint Ventures
Any firms involved in a joint venture in its submission will be evaluated individually, as
each firm of the joint venture would have to stand on its own merits.
9. Subconsultants
Firm must clearly reflect in its Proposal any subconsultants proposed to be utilized along
with a summary of their background and qualifications. The City retains the right to accept
or reject any proposed subconsultant.
10. Attachments
Complete, sign, and attach the following documents that are provided in this RFQ:
Addenda Acknowledgement Form
Non-Collusion Affidavit
Public Entity Crimes
Equal Opportunity / Affirmative Action Statement
Conflict of Interest Statement
Dispute Disclosure Form
Anti-Kickback Affidavit
END OF SECTION
City of Sunny Isles Beach |Request for Qualifications No. 16-04-02 17
COVER PAGE
Landscape Architect Services
RFQ 16-04-02
Legal Name of Firm __________________________________________________
DBA, if any _________________________________________________________
FEIN ____________________________
Mailing Address _____________________________________________________
City, State, Zip Code _________________________________________________
Contact Name _________________________________________
Title _________________________________________________
Contact Email Address __________________________________
Contact Telephone Number ______________________________
1. I hereby certify that I am authorized to act on behalf of the Firm and that all statements made in this
document are true and correct to the best of my knowledge.
2. By submitting a proposal, the Firm certifies that the Firm has fully read and understands the RFQ and
has full knowledge of the scope, nature and quality of work to be performed.
3. Firm understands and agrees to be bound by the conditions in the solicitation and shall conform to all
the requirements.
4. Firm proposes and agrees, if this submission is accepted, to enter into an agreement with the City of
Sunny Isles Beach to perform and furnish landscape architect services.
Authorized Signature _________________________________________________
Print Name _________________________________________________________
Title _______________________________________________________________
Date ______________________________________________________________
City of Sunny Isles Beach |Request for Qualifications No. 16-04-02 18
ADDENDA ACKNOWLEDGEMENT
INSTRUCTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES
PART I:
LIST BELOW ARE THE DATES OF ISSUE FOR EACH ADDENDUM RECEIVED IN CONNECTION WITH THIS RFQ
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 RFQ
FIRM NAME: __________________________________________________________________________
SIGNATURE: ______________________________________________
TITLE: __________________________________________
DATE: _____________________
City of Sunny Isles Beach |Request for Qualifications No. 16-04-02 19
AFFIDAVITS
NON-COLLUSION AFFIDAVIT
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 947-0606 Fax: (305) 949-3113
STATE OF FLORIDA )
)
COUNTY OF _____________)
The undersigned being first duly sworn as provided by law, deposes, and says:
This Affidavit is made with the knowledge and intent that it is to be filed with the City of Sunny Isles Beach City Commission and that it will be
relied upon by said County, in any consideration which may give to and any action it may take with respect to this Bid.
The undersigned is authorized to make this Affidavit on behalf of,
_____________________________________________________________
(Name of Corporation, Partnership, Individual, etc.)
a, ________________________________, formed under the laws of _____________
(Type of Business) (State)
of which he is ________________________________________________.
(Sole Owner, Partner, President, etc.)
Neither the undersigned nor any person, firm, or corporation named in above Paragraph 10.2, nor anyone else to the knowledge of the
undersigned, have themselves solicited or employed anyone else to solicit favorable action for this Bid by the City, also that no head of any
department or employee therein, or any officer of the City of Sunny Isles Beach, Florida is directly interested therein.
This Bid is genuine and not collusive or a sham; the person, firm or corporation named above in Paragraph 10.2 has not colluded, conspired,
connived or agreed directly or indirectly with any proposers or person, firm or corporation, to put in a sham Bid, or that such person, firm or
corporation, shall refrain from Bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication
or conference with any person, firm or corporation, to fix the prices of said Bid or Bids of any other proposers; and all statements contained in
the Bid or Bids described above true; and further; neither the undersigned, nor the person, firm or corporation named above in Paragraph
10.2, has directly or indirectly submitted said Bid or the contents thereof, or divulged information or data relative thereto, to any association or
to any member or agent thereof.
___________________________________ ___________________________________
AFFIANT’S NAME AFFIANT’S TITLE
TAKEN, SWORN AND SUBSCRIBED TO BEFORE ME this _____ day of _______________________, 200_.
Personally Known ________ or Produced Identification ________;
Type of identification ___________________________________
(Affix seal here)
___________________________________
NOTARY PUBLIC (name printed or typed)
DECEMBER 28, 2010 1 of 7
PUBLIC ENTITY CRIMES
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 947-0606 Fax: (305) 949-3113
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a)
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
PUBLIC ENTITY CRIMES
Pursuant to the provisions of paragraph (2) (a) of Section 287.133, Florida State Statutes - "A person or affiliate
who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a
Bid on a Contract to provide any goods or services to a public entity, may not submit a Bid on a Contract with a
public entity for the construction or repair of a public building or public Work, may not submit Bids on leases of
real property to a public entity, may not be awarded to perform Work as a Contractor, supplier, Sub-Contractor, or
Consultant under a Contract with any public entity, and may not transact business with any public entity in excess
of the threshold amount Category Two of Sec. 287.017, FS for thirty six months from the date of being placed on
the convicted vendor list".
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
11.1. This sworn statement is submitted to City of Sunny Isles Beach _____________
by____________________________________________________________________________
[print individual’s name and title]
for____________________________________________________________________________
[print name of entity submitting sworn statement]
whose business address is:
_______________________________________________________________________________
_______________________________________________________________________________
and (if applicable) its Federal Employer Identification number (FEIN) is_____________________.
(If the entity had no FEIN, include the Social Security Number of the individual signing this sworn
statement:_________________________________.)
11.2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a
violation of any state or federal law by a person with respect to and directly related to the transaction of
business with any public entity or with an agency or political subdivision of any other state or with the
United States, including, but not limited to, any Bid or Contract for goods or services to be provided to any
public entity or an agency or political subdivision of any other state of the United States and involving
antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
11.3. I understand that "convicted" or "conviction" as defined in Para. 287.133(1)(b), Florida Statutes, means a
finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any
federal or state trail court of record relating to charges brought by indictment or information after July 1,
1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere.
11.4. I understand that an "affiliate" as defined in Para. 287.133(1)(a), Florida Statutes, means:
a.) predecessor or successor of a person convicted of a public entity crime; or
b.) Any entity under the control of any natural person who is active in the management of the entity
and who has been convicted of a public entity crime. The term "affiliate" includes those officers,
directors, executors, partners, shareholders, employees, members, and agents who are active in
the management of an affiliate. The ownership by one person of shares constituting a controlling
interest in another person, or a pooling of equipment or income among persons when not for fair
DECEMBER 28, 2010 2 of 7
10/1998
market value under an arm's length agreement, shall be a prime facie case that one person
controls another person. A person who knowingly enters into a joint venture with a person who
has been convicted of a public entity crime in Florida during the preceding 36 months shall be
considered an affiliate.
11.5. I understand that a "person" as defined in Para. 287.133(1)(e), Florida Statutes, means any natural
person or entity organized under the laws of any state or of the United States with the legal power to
enter into a binding Contract and which Bids or applies to Bid on Contracts for the provision of goods or
services let by a public entity, or which otherwise transacts or applies to transact business with a public
entity. The term "persons" includes those officers, directors, executives, partners, shareholders,
employees, members, and agents who are active in management of any entity.
11.6. Based on information and belief, the statement which I have marked below is true in relation to the entity
submitting this sworn statement. (Indicate which statement applies.)
____ Neither the entity submitting this sworn statement, nor any of it's officers, directors, executives, partners,
shareholders, employees, members, or agents who are active in the management of the entity, nor any
affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1,
1989.
____ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners,
shareholders, employees, members, or agents who are active in the management of the entity, or an
affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1,
1989.
____ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners,
shareholders, employees, members, or agents who are active in the management of the entity, or an
affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1,
1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of
Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer of the
State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer
determined that it was not in the public interest to place the entity submitting this sworn statement on the
convicted vendor list. (Attach a copy of the final order.)
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE
PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 11.1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND,
THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I
ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO
A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA
STATUTES, FOR CATEGORY TWO OF ANY, CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
By:
______________________________________
(Signature)
______________________________________
(Printed Name)
______________________________________
(Title)
Sworn to and subscribed before me this ______ day of_______________________, 20_____, by
__________________________________________________.
(AFFIX NOTARY STAMP HERE) ______________________________________
Signature: Notary Public – State of Florida
______________________________________
Print or Type Commissioned Name
Personally Known __________ OR Produced Identification __________
Type of Identification Produced ________________________________
3 of 7
EQUAL OPPORTUNITY /
AFFIRMATIVE ACTION
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 947-0606 Fax: (305) 949-3113
EQUAL OPPORTUNITY/AFFIRMATIVE ACTION STATEMENT
The contractors and all subcontractors hereby agree to a commitment to the principles and
practices of equal opportunity in employment and to comply with the letter and spirit of
federal, state, and local laws and regulations prohibiting discrimination based on race,
color, religion, national region, sex, age, handicap, marital status, and political affiliation or
belief.
Signed: ________________________________________
Title: ________________________________________
Firm: ________________________________________
Address: ________________________________________
________________________________________
DECEMBER 28, 2010 4 of 7
CONFLICT OF INTEREST
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 947-0606 Fax: (305) 949-3113
CONFLICT OF INTEREST STATEMENT
The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State Statutes. Proposers must
disclose with their Bids, the name of any officer, director, partner, associate or agent who is also an officer or employee of the
City of Sunny Isles Beach or its agencies.
STATE OF FLORIDA
COUNTY OF ___________________
BEFORE ME, the undersigned authority, personally appeared _____________________________, who was duly sworn,
deposes, and states:
18.1. I am the _________________________________________________ of
__________________________________with a local office in _____________________________ and principal office in
_____________________.
18.2. The above named entity is submitting a Bid for the City of Sunny Isles Beach, Bid No. ______________ described
as: Landscape Maintenance Services. The Affiant has made diligent inquiry and provides the information contained in this
Affidavit based upon his own knowledge.
18.3 The Affiant states that only one submittal for the above Bid is being submitted and that the above named entity has
no financial interest in other entities submitting Bids for the same project.
18.4 Neither the Affiant nor the above named entity has directly or indirectly entered into any agreement, participated in
any collusion, or otherwise taken any action in restraints of free competitive pricing in connection with the entity’s submittal for
the above Bid. This statement restricts the discussion of pricing data until the completion of negotiations if necessary and
execution of the Contract for this project.
18.5 Neither the entity nor its affiliates, nor any one associated with them, is presently suspended or otherwise ineligible from
participation in contract letting by any local, State, or Federal Agency.
18.6 Neither the entity, nor its affiliates, nor any one associated with them have any potential conflict of interest due to any
other clients, contracts, or property interests for this project.
18.7 I certify that no member of the entity’s ownership or management is presently applying for any employee position or
actively seeking an elected position with the City of Sunny Isles Beach.
18.8 I certify that no member of the entity’s ownership or management, or staff has a vested interest in any aspect of the City
of Sunny Isles Beach.
18.9 In the event that a conflict of interest is identified in the provision of services, I, on behalf of the above named entity, will
immediately notify the City of Sunny Isles Beach.
Dated this _________ day of _____________________________________, 2010.
_________________________________ _________________________________
AFFIANT Print or Type Name and Title
Sworn to and subscribed before me this _____ day of ______________________, 2010.
Personally Known ________ OR
Produced Identification ________; Type of Identification _________________________
__________________________________
NOTARY PUBLIC STATE OF FLORIDA
DECEMBER 28, 2010 5 of 7
DISPUTE DISCLOSURE
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 947-0606 Fax: (305) 949-3113
DISPUTE DISCLOSURE FORM
Answer the following questions by placing a “X” after “Yes” or “No”. If you answer “Yes”, please
explain in the space provided, or on a separate sheet attached to this form.
19.1. Has your firm or any of its officers, received a reprimand of any nature or been suspended by the
Department of Professional Regulations or any other regulatory agency or professional associations within the last
five (5) years?
YES __________ NO __________
19.2. Has your firm, or any member of your firm, been declared in default, terminated or removed from a
contract or job related to the services your firm provides in the regular course of business within the last five (5)
years?
YES __________ NO __________
19.3. Has your firm had against it or filed any requests for equitable adjustment, contract claims, Bid protests,
or litigation in the past five (5) years that is related to the services your firm provides in the regular course of
business?
YES __________ NO __________ If yes, state the nature of the request for equitable adjustment, contract
claim, litigation, or protest, and state a brief description of the case, the outcome or status of the suit and the
monetary amounts of extended contract time involved.
I hereby certify that all statements made are true and agree and understand that any misstatement or
misrepresentation of falsification of facts shall be cause for forfeiture of rights for further consideration of this Bid
for the City of Sunny Isles Beach.
________________________________________ ______________________________________
Firm Date
________________________________________ _______________________________________
Authorized Signature Print or Type Name and Title
DECEMBER 28, 2010 6 of 7
ANTI-KICKBACK
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 947-0606 Fax: (305) 949-3113
ANTI-KICKBACK AFFIDAVIT
STATE OF FLORIDA )
)
COUNTY OF ___________ )
I, the undersigned, hereby duly sworn and deposed say that no portion of this sum herein Bid
will be paid to any employees of the City of Sunny Isles Beach or its elected officials as a
commission, kickback, reward or gift, directly or indirectly by me or any member of my firm or
by an officer of the corporation.
By: ________________________________
Title: ________________________________
The foregoing instrument was acknowledged before me this _____ day of
__________________, 20____, by _________________________________________ [name
of person], as __________________________________ [type of authority], for
________________________________ [name of party on behalf of whom instrument was
executed].
AFFIX NOTARY STAMP HERE:
_______________________________
Notary Public – State of Florida
________________________________
Print or Type Commissioned Name
Personally Known __________ OR Produced Identification __________
Type of Identification Produced ________________________________
DECEMBER 28, 2010 7 of 7