HomeMy WebLinkAboutSpecifications
REQUEST FOR
PROPOSALS NO. 10-09-01
DESIGN AND CONSTRUCTION OF
FABRIC CANOPY STRUCTURE AT
GOVERNMENT CENTER
CITY OF SUNNY ISLES BEACH
MIAMI-DADE COUNTY, FLORIDA
TABLE OF CONTENTS
RFP
Public Notice........................ .............................. ................... ........................................................... .................... 1
Section 1.1 Introduction. ...... ............................................................................................................................... 3
Section 1.2 Proposer's Responsibilities.............................................................................................................. 3
Section 1.3 Submittal requirements.......... ..... ........................ ............................................................................ 3
Section 1.4 Submission Date and Mandatory Pre-RFP Submission Conference ..........................................4
Section 1.5 Additional Information and Clarification........ ...... ............. ................ ....... .................. ......... ......... 5
Section 1.6 Selection, Award, and Protest Procedures ..................................................................................... 5
Section 1.7 Contract Execution ................................................... ............................ .......... ........... ......................6
Section 1.8 Instructions............. ......................... .......................... .......................................................................6
Section 1.9 Changes/Alterations........................... ............................................................. ......... ....... .................6
Section 1.10 Discrepancies, Errors, and Omissions.......................................................................................... 6
Section 1.11 Disqualification............................................................................................................... ................7
Section 1.12 Submissions Receipt....................................................... ........................ ........................................7
Section 1.13 Capital Expenditures........................................................ ..................... .................... ....................7
Section 1.14 Hold Harmless and Indemnification. ..... ......... .............. ...... ...... .................... ............... ....... ..... ....7
Section 1.15 Reservation of Rights ..................................................................................................................... 8
Section 1.16 Additional Information........................................... ..... ................................... ............................... 8
Section 1.17 Attachments........ ............................. .......................... .............................. ........ ........... ............... .....9
Public Entity Crime Affidavit (Attachment "A").. ........... ............. ........ ....... ........... ............. ............................ 10
Non Collusion Affidavit (Attachment "B") ..... ............ ........ ........... .......... .......................... ............... ................ 13
Agreement between City and Successful Proposer (Attachment "C")...........................................................15
Canopy Installation Specifications (Attachment "D") .................................................................................... 21
2
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN that the City of Sunny Isles Beach (the "City") is soliciting
proposals to design and construct a "fabric" type canopy at 18070 Collins A venue in the City
of Sunny Isles Beach as depicted on Attachment "D" and made part of this RFP. Interested
firm/individuals ("Proposer (s)") may pick-up a copy of Request for Proposals ("RFP") No.
10-09-01 to be issued on Tuesday, September 28, 2010 at Sunny Isles Beach Government
Center, 18070 Collins Avenue, City Clerk's Office, Fourth Floor, Sunny Isles Beach, Florida,
33160. RFP No. 10-09-01 is also available from DemandStar by calling (800) 711-1712 or
by accessing their website at www.demandstar.com. The RFP contains detailed and specific
information about the scope of services, submission requirements and selection procedures.
One (1) original, four (4) copies of the completed and executed Submissions must be
delivered to the following address no later than Wednesday, October 20, 2010 at 10:00
a.m.:
Sunny Isles Beach Government Center
18070 Collins Avenue, City Clerk
First Floor Meeting Room
Sunny Isles Beach, Florida, 33160
The City reserves the right to accept or not accept late submitted bids in the sole discretion of
the City Manager or his designee.
The envelope containing the sealed Proposal must be clearly marked as follows:
"SEALED PROPOSAL"
RFP NO. 10-09-01 DESIGN AND CONSTRUCTION OF FABRIC CANOPY
STRUCTURE AT GOVERNMENT CENTER
OPENING DATE AND TIME: Wednesday, October 20, 2010 at 10:00 a.m.
A mandatory Pre-RFP Submission Conference is scheduled for Wednesday, October 6,
2010 at 10:00 a.m. at the Sunny Isles Beach Government Center, 18070 Collins Avenue,
First Floor Meeting Room, Sunny Isles Beach, Florida. All Proposers planning to submit
Submissions shall be required to attend this meeting. Proposers should allow sufficient time
to ensure arrival prior to the indicated time. Those who do not attend this mandatory pre-RFP
submission conference will not be authorized to submit a proposal.
The City of Sunny Isles Beach (the "City") intends to enter into an agreement with the
successful Proposer to design and construct a fabric canopy structure at the Government
Center in the City of Sunny Isles Beach, Florida, located at 18070 Collins Avenue.
The contract will be awarded by the City to the Proposer whose proposal best serves the
interests of, and represents the best value to, the City in accordance with the criteria set forth
in Section 62-8 of the City Code.
':l
-
The City reserves the right to reject any or all proposals, with or without cause, to waive
technical errors and informalities, and to accept the proposal which best serves the interest of
and represents the best value to the City.
Any questions regarding RFP No. 10-09-01 are to be directed in writing to Gio Batista,
Public Works Director at the following address: 18070 Collins Ave., 4th Floor, Sunny Isles
Beach, Florida 33160. Alternatively, any questions may be sent via email to:
GBatista@sibfl.net.
Any questions or clarifications concerning the proposal specifications must be received by
Gio Batista, Public Works Director at least seven (7) business days prior to the date of the
proposal opening.
For further information, please contact Gio Batista, at 305-792-1909.
Jane A. Hines, CMC, City Clerk
City of Sunny Isles Beach
4
-
CITY OF SUNNY ISLES BEACH, FLORIDA
REQUEST FOR PROPOSAL NO. 10-09-01
DESIGN AND CONSTRUCTION OF FABRIC CANOPY STRUCTURE AT
GOVERNMENT CENTER
1.1 INTRODUCTION
The City of Sunny Isles Beach, Florida, (the "City") a municipality located in Miami-Dade
County, Florida, requests qualified Proposers ("Proposers") to submit proposals for the
design and construction of a canopy structure to be located at the City of Sunny Isles Beach
Government Center located at 18070 Collins Avenue, Florida 33160.
1.2 PROPOSER'S RESPONSIBILITIES
The successful Proposer shall provide all necessary documentation, drawings, schematics,
calculations, permitting documentation, and information necessary to construct, fabricate,
and install the intended canopy structure. Proposer shall design the canopy and the complete
support structure with commercial grade material to withstand the weathering due to the
proximity of the structure to the ocean and the exposure to UV rays. Furthermore it is
intended that the entire assembly compliment the architecture of the existing building. The
entire assembly, structure and composition of the canopy and structural elements and
attachments must comply with the latest version of the Florida Building Code and municipal
regulations.
Prior to fabrication and/or installation, the successful Proposer shall meet with the city staff
to ensure that the proposed canopy design and installation methods are acceptable. The
successful Proposer must obtain all necessary permits. City fees will be waived.
At the time of construction/installation, successful Proposer must provide all material, labor,
equipment, safety measures, and protective devices/control measures to ensure that the
project is successfully implemented, executed, and approved by the City of Sunny Isles
Beach.
1.3 SUBMITT AL REQUIREMENTS
Proposals shall be as thorough and detailed as possible so that the City may properly evaluate
the capabilities of respective firms to provide the required services. All submittals by
Proposers shall contain no more than fifteen (15) pages specifically addressing the following
issues. Items number 8 and 9 below will not be considered a part of the fifteen (15) pages.
5
,
Any Proposer wishing to provide the services described in Sections 1.2 above must submit
one (1) original and four (4) additional complete copies that include, at a minimum, the
following documentation:
1. Name, address and company, including, but not limited to, a business overview,
financial state of the business, annual revenue for past two years, and names and
addresses of persons having financial interest in the firm.
2. Provide a narrative description of current and previous experience for the past five (5)
years in successfully designing and constructing a canopy structure similar to the one
described in this RFP and a corresponding list of client references with contact names
and telephone numbers. The proposal must identify the primary individuals
responsible for supervising the work and include the resumes of the primary
individuals.
3. Provide a detailed cost proposal which shall include all costs associated with the
services described in this RFP.
4. Provide a schedule and work plan to complete the Services within the 60 (sixty) day
completion deadline.
5. Proof of authorization to transact business in Florida from the Florida Secretary of
State, from the prime as well as any supporting firm(s).
6. The name, title, qualifications, experience, and all contact information of the
proposed contact person.
7. Provide copies of all licenses and certifications of the Proposer.
8. Sworn statement pursuant to Section 287. 133(3)(A), Florida Statutes, regarding
Public Entity Crime, a copy of which is attached hereto.
9. Non-collusive and Public Entity Crime Affidavits, copies of which are attached
hereto as Attachments "A" and "B".
1.4 SUBMISSION DATE AND MANDATORY PRE-RFP SUBMISSION
CONFERENCE
Proposals must be received by the City Clerk's Office no later than 10:00 a.m. on
Wednesday, October 20, 2010, at the Sunny Isles Beach Government Center, Attn: City
Clerk, First Floor Conference Room, 18070 Collins Avenue, Sunny Isles Beach, FL 33160.
One (1) original, and four (4) copies of the completed and executed proposal must be
delivered by this deadline. Proposals will be opened publicly and read aloud at this time.
The City reserves the right to accept or not accept late submitted proposals based on the sole
discretion of the City Manager or his designee.
I
I
I
The envelope containing the sealed Proposal must be clearly marked as follows:
6
"SEALED PROPOSAL"
RFP NO. 10-09-01 DESIGN AND CONSTRUCTION OF FABRIC CANOPY
STRUCTURE AT GOVERNMENT CENTER
OPENING DATE AND TIME: Wednesday, October 20, 2010, at 10:00 a.m.
A mandatory Pre-RFP Submission Conference is scheduled for Wednesday, October 6,
2010 at 10:00 a.m., at the Sunny Isles Beach Government Center, 18070 Collins
Avenue, First Floor Conference Room, Sunny Isles Beach, Florida. All Proposers
planning to submit a Proposal are required to attend this meeting. Attendance at this
mandatory Pre-RFP Submission Conference is required in order to submit a proposal for this
RFP. Proposers should allow sufficient time to ensure arrival prior to the indicated
time. Those arriving after the meeting has commenced will not be considered in attendance.
1.5 ADDITIONAL INFORMATION OR CLARIFICATION
Requests for additional information or clarifications must be made in writing and received by
Gio Batista, Public Works Director, specified in the Public Notice Section of this RFP, in
accordance with the deadline for receipt of questions also specified in the Public Notice
Section of this RFP. The request for additional information and clarification must contain
the RFP number and title, Proposer's name, name of Proposer's contact person, address,
phone number, and facsimile number.
Electronic facsimile requesting additional information must be received by Gio Batista,
Public Works Director, at facsimile number (305) 792-1673. Facsimiles must have a cover
sheet which includes, at a minimum, the Proposer's name, name of Proposer's contact
person, address, number of pages transmitted, phone number, facsimile number, and RFP
number and title.
Alternatively, any questions may be sent via email to:GBatista@sibfl.net. Any questions or
clarifications concerning the proposal specifications must be received by Gio Batista, Public
Works Director at least seven (7) business days prior to the date of the proposal opening. The
City will issue responses to inquiries and any other corrections or amendments it deems
necessary in written addenda issued prior to the Submission deadline. Proposers should not
rely on any representations, statements or explanations other than those made in this RFP or
in any written addendum to this RFP. Where there appears to be conflict between the RFP
and any addenda issued, the last addendum issued shall prevail.
1.6 SELECTION. AWARD. AND PROTEST PROCEDURES
The City will select the most qualified Proposer whose proposal best serves the interests of
and represents the best value to the City based on the criteria set forth in Section 62.8 of the
City Code. The City will act, at its sole discretion, in what it considers to be in the best
interest of the City. The City will evaluate the comparable experience, capability, project
management, workload, financial strength, and other factors the City deems pertinent and
7
will select the Proposer that it deems to be most qualified. The City will be the sole judge in
determining the most qualified firm in accordance with the criteria set forth in Section 62-8
of the City Code.
Any protests or objections to the City's Request for Proposals and/or the selection of the
selected Proposer must be submitted in writing in accordance with Section 62-15 of the City
Code. If the City and selected Proposer are unable to negotiate a mutually acceptable
contract, the City may terminate the contract negotiations and begin negotiations with the
other qualified firms. This process may continue until a contract has been executed or all
Proposals have been rejected. No Proposer shall have any rights in the subject project or
against the City arising from such negotiations.
1.7 CONTRACT EXECUTION
A contract will be negotiated and executed between the selected Proposer and the City in
substantially the same form as Attachment "C". The successful operation of this contract
requires that the selected Proposer act in good faith in all matters relating to carrying out the
project and the interpretation of the contract documents.
1.8 INSTRUCTIONS
Careful attention must be given to all requested items contained in this RFP. Proposers are
invited to submit Proposals in accordance with the requirements of this RFP. PLEASE
READ THE ENTIRE SOLICITATION BEFORE SUBMITTING A PROPOSAL.
Proposers shall make the necessary entry in all blanks provided for the responses.
The entire set of documents, together with all attachments hereto, constitutes the RFP. Each
Proposer must return these documents with all information necessary for the City to properly
analyze the response in total and in the same order in which it was issued. Proposer's notes,
exceptions, and comments may be rendered on an attachment, provided the same format of
this RFP text is followed. All responses to this RFP shall be returned in a sealed envelope or
package with the RFP number and opening date clearly noted on the outside of the envelope.
Proposers must provide a response to each requirement of the RFP. Responses should be
prepared in a concise manner with an emphasis on completeness and clarity.
1.9 CHANGES/ALTERATIONS
Proposers may change or withdraw a response at anytime prior to the submission deadline;
however, no oral modifications will be allowed. Written modifications shall not be allowed
following the submission deadline.
1.10 DISCREPANCIES. ERRORS. AND OMISSIONS
Any discrepancies, errors, or ambiguities in the RFP or addenda (if any) should be reported
in writing to Gio Batista, Public Works Director. Should it be necessary, a written addendum
8
will be incorporated to the RFP. The City will NOT be responsible for any oral instructions,
clarifications, or other communications.
1.11 DISQUALIFICATION
The City reserves the right to disqualify responses before or after the submission deadline,
upon evidence of collusion with intent to defraud or other illegal practices on the part of the
Proposer. The City also reserves the right to waive any immaterial defect or informality in
any responses to this RFP; to reject any or all responses in whole or in part; or to reissue an
RFP for the services described herein. '
1.12 SUBMISSION RECEIPT
Sealed responses will be accepted in accordance with the instructions detailed on the cover of
this RFP. The Proposer shall file all documents necessary to support its response and shall
include them with its Proposal. Each Proposer shall be responsible for the actual delivery of
responses during business hours to the exact address indicated in this RFP. The City reserves
the right to accept or not accept late submitted proposals in the sole discretion of the City
Manager or his designee.
1.13 CAPIT AL EXPENDITURES
The selected Proposer understands that any capital expenditures that the selected Proposer
makes, in order to perform the services required in this RFP is a business risk. The City,
however, is not and shall not payor reimburse any capital expenditures or any other
expenses, incurred by any Proposer, in anticipation either of a contract award or to maintain
the approved status of the selected Proposer if a contract is awarded.
1.14 HOLD HARMLESS AND INDEMNIFICATION
All Proposers shall hold the City, its officials and employees harmless and covenant not to
sue the City, its officials and employees in reference to their decisions to reject, award, or not
award a RFP, as applicable. Additionally, the selected Proposer shall indemnify, defend and
save 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 the
Proposer's performance of its services under this RFP, or by or in consequence of any
negligence (excluding the sole negligence of City), 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 selected
Proposer or his Sub-Proposer, agents, servants or employees. The selected Proposer shall
indemnify, defend 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 described in the RFP, 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 selected Proposer, Sub-Proposer, anyone directly or indirectly employed by any of them
9
or anyone for whose acts any of them may be liable, regardless of whether or not it is caused
by a party indemnified hereunder.
1.15 RESERVATION OF RIGHTS
While pursuing this RFP process, the City reserves the right to:
· Accept any or all responses, and the right, in its sole discretion, to accept the Proposer
who will best serve the interests of, and represent the best value to, the City in
conformity with the criteria set forth in Section 62-8 of the City Code.
· Reject any and all qualifications and to seek new qualifications when such a
procedure is reasonably in the best interest of the City.
· Investigate the financial capability, integrity, experience, and quality of performance
of each Proposer, including officers, principals, senior management, and supervisors,
as well as staff identified in the response to RFP.
· Investigate the Proposer's qualifications or any of its agents, as it deems appropriate
· Conduct personal interviews of any or all Proposers prior to selection (the City shall
not be liable for any costs incurred by the Proposer(s) in connection with such
interviews) .
· Waive any of the conditions or criteria set forth in this RFP.
· The City reserves the right on any advertised selection process to decide whether to
select a firm based on submission received in response to this RFP or whether to hold
interviews with the firms the City deems best qualified for the project.
1.16 ADDITIONAL INFORMATION
· The Submission must clearly be marked on the front of the envelope:
"SEALED PROPOSAL"
RFP NO. 10-09-01 DESIGN AND CONSTRUCTION OF FABRIC CANOPY
STRUCTURE AT GOVERNMENT CENTER
OPENING DATE AND TIME: Wednesday, October 20,2010 at 10:00 a.m.
· Questions regarding this RFP must be directed, no later than seven (7) calendar days
before the opening of the RFP, to:
Gio Batista
Public Works Director
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 792-1909
Email: GBatista@sibfl.net
· Responses to this RFP must be delivered by the stated deadline to:
Attn: Jane A. Hines, CMC
City Clerk
Sunny Isles Beach Government Center
10
-
18070 Collins Avenue
First Floor Conference Room, Sunny Isles Beach, FL 33160
. The opening of the Proposals will be in the First Floor Conference Room, 18070
Collins Avenue, Sunny Isles Beach, Florida 33160 at the stated time.
. Proposals will be opened publicly and read aloud at this time.
. The City is under no obligation to return the Proposals.
. The City will not be liable for any cost incurred in the preparation of the response to
RFP.
. The Proposals shall be prima facie evidence that the Proposer has full knowledge of
the scope, nature, quantity and quality of work to be performed; the detailed
requirements of the specifications; and the conditions under which the work is to be
performed.
. The Proposers shall furnish the City with such additional information as the City may
reasonably require.
· Under no circumstance should any prospective Proposer or anyone acting on their
behalf, seek to influence or to gain the support of any member of the City
Commission or City Staff favorable to the interest of the prospective Proposer.
Likewise, contact with the City Commission or City Staff against the interest of other
prospective Proposers is prohibited. Any such activities may result in the exclusion
of the prospective Proposer from consideration by the City.
1.17 ATTACHMENTS
The Exhibits to this RFP are as follows:
Attachment "A"
Public Entity Crime Affidavit
Attachment "B"
Non-Collusive Affidavit
Attachment "C"
Agreement
Attachment "D"
Canopy Installation Specifications
11
""
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a)
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY
PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted
to
by
for
whose business address is
and (if applicable) its Federal Employer Identification Number (FEIN)
(If the entity had no FEIN, include the Social Security Number of the individual signing
this sworn statement:
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 of 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 or of the United States and involving
antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material
misrepresentation.
3. I understand that "convicted" or "conviction" as defined in Paragraph 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 trial court of record relating to
charges brought by indictment or information after July 1, 1989, as a result of a jury
verdict, nonjury trial, or entry of a plea of guilty or nolo contenders.
4. I understand that an "affiliate" as defined in Paragraph 287. 133(1)(a), Florida Statutes,
means:
a. A predecessor or successor of a person convicted of a public entity crime; or
b. An 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 come. The term "affiliate"
includes those officers, directors, executives, 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 market value under an arm's length agreement,
shall be a prima 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.
12
5. I understand that a "person" as defined in Paragraph 287. 133(l)(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
"person" includes those officers, directors, executives, partners, shareholders, employees,
members, and agents who are active in management of any entity.
6. Based on information and belief, the statement which I have marked below is true in a
relation to the entity submitting this sworn statement. (Please indicate which one (1) of
the following three (3) statements is applicable.)
_ (1) Neither the entity submitting this sworn statement, nor any of its officers,
directors, executives, partners, shareholders, employees, members, or agents who are active
in the management of the entity, or any affiliate of the entity has been charged with and
convicted of a public entity crime within the past 36 months.
_(2) 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 any affiliate of the entity has been charged with and
convicted of a public entity crime within the past 36 months.
_(3) 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 agents who are active in management of the entity, or
any affiliate of the entity has been charged with and convicted of a public entity crime
within the past 36 months. However, there has been a subsequent proceeding before a
Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final
Order 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. (Attached is 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 1 (ONE) ABOVE IS FOR THE PUBLIC ENTITY ONLY AND, THAT
THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN
WHICH IT IS FILED AND FOR THE PERIOD OF THE CONTRACT ENTERED INTO,
WHICHEVER PERIOD IS LONGER. 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 THE CATEGORY TWO OF ANY CHANGE IN THE
INFORMATION CONTAINED IN THIS FORM.
SIGNATURE OF AFFIANT
(Printed or Typed Legal Name of Affiant)
13
STATE OF FLORIDA )
)ss.
COUNTY OF MIAMI-DADE)
The foregoing Form was acknowledged before me this_ day of , 2010, by
,~ cl
, a Florida corporation, on behalf of said corporation and
limited partnership. He/She personally appeared before me and is personally known to me.
{NOTARY SEAL}
Notary:
Print Name
Notary Public, State of Florida
My Commission Expires:
14
NON-COLLUSION AFFIDAVIT
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The undersigned being first duly sworn as provided by law, deposes, and says:
1.1. 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 City, in
any consideration which may give to and any action it may take with respect to this proposal.
1.2. The undersigned IS authorized to make this Affidavit on behalf of,
(Name of Corporation, Partnership,
Individual, etc.), a corporation duly organized and existing under the laws of the State of
of which he is (Sole Owner,
Partner, President, etc.)
1.3. Neither the undersigned nor any person, firm, or corporation named in above
Paragraph 1.2, nor anyone else to the knowledge of the undersigned, have themselves
solicited or employed anyone else to solicit favorable action for this proposal 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.
1.4. This proposal is genuine and not collusive or a sham; the person, firm or corporation
named above in Paragraph 1.2 has not colluded, conspired, connived or agreed directly or
indirectly with any Proposer or person, firm or corporation, to put in a sham proposal, or that
such person, firm or corporation, shall refrain from Proposing, 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 proposal or proposals of any
other Proposer; and all statements contained in the proposal or proposals described above are
true; and further; neither the undersigned, nor the person, firm or corporation named above in
Paragraph 1.2, has directly or indirectly submitted said proposal 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
15
The foregoing Affidavit was acknowledged before me this_ day of ,2010, by
,~ cl
, a Florida corporation, on behalf of said corporation and
limited partnership. He/She personally appeared before me and is personally known to me.
{ NOTORIAL SEAL}
Notary:
Print Name:
Notary Public, State of Florida
My Commission Expires:
16
CITY OF SUNNY ISLES BEACH
AGREEMENT WITH FOR
THE DESIGN AND CONSTRUCTION OF
FABRIC CANOPY STRUCTURE AT
GOVERNMENT CENTER
CONTRACT NO.
THIS AGREEMENT, entered into this day of 2010, by
and between the CITY OF SUNNY ISLES BEACH (hereinafter referred as to the "City")
and a Florida corporation, authorized to do business in the State of
Florida (hereinafter referred to as the "Contractor"), whose federal tax identification number
IS
RECIT ALS
WHEREAS, the City is in need of a contractor for the design and construction of
fabric canopy structure at Government Center ("Services"), as more particularly described in
Attachment "A", attached hereto and made a part hereof; and
WHEREAS, the Contractor is qualified, willing and able to provide the Services on
the terms and conditions set forth herein; and
WHEREAS, the City desires to enter into this Agreement with Contractor to provide
the Services in a total amount not to exceed
NOW THEREFORE, in consideration of the foregoing and for the mutual
covenants, representations and warranties and other good and valuable consideration, the
receipt and adequacy of which is hereby acknowledged, the parties agree as follows:
1. RECITALS. The Recitals set forth above are hereby incorporated into this agreement
and made a part hereof for reference.
2. SERVICES. Contractor shall provide to the City the Services as more particularly
described in Attachment "A" attached hereto and made a part hereof.
3. TERM. Subject to the provisions relating to the termination of this Agreement as set
forth in Paragraph 10 hereunder, the term of this Agreement shall commence from the
execution date of this Agreement and the Services shall be completed no later than 60 (sixty)
days thereafter.
4. LIQUIDATED DAMAGES AND OTHER REMEDIES FOR DELAY. In the event
the Services are not completed within 60 (Sixty) days from the execution date of this
Agreement, and in the absence of any extended calendar days granted by City, then the
Contractor shall be required to pay a liquidated damage penalty of $300.00 (Three Hundred
Dollars) for each calendar day beyond the 60 (Sixty) days period, continuing to the time at
which the Services are complete. Such amount is the actual cash value agreed upon as the
loss to City resulting from Contractor's delay. Additionally, the City shall also be entitled to
17
withhold 50% of the total Compensation to be paid to Contractor until final completion and
acceptance of the Services.
5. COMPENSATION. Payment to Contractor for all charges and tasks under this
Agreement shall be in accordance with this Agreement and a schedule of charges reflected in
Attachment "A". The Contractor shall make no other charges to the City for supplies, labor,
taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or
cost is incurred by Contractor with the prior written approval of the City. If the City disputes
any charges on the invoices, it may make payment of the uncontested amounts and withhold
payment on the contested amounts until they are resolved by agreement with Contractor.
6. INDEPENDENT CONTRACTOR RELATIONSHIP The Contractor is an
independent contractor and shall be treated as such for all purposes. Nothing contained in
this agreement or any action of the parties shall be construed to constitute or to render the
Contractor an employee, partner, agent, shareholder, officer or in any other capacity other
than as an independent contractor other than those obligations which have been or shall have
been undertaken by the City Contractor shall be responsible for any and all of its own
expenses in performing its duties as contemplated under this agreement. The City shall not
be responsible for any expense incurred by the Contractor. The City shall have no duty to
withhold any Federal income taxes or pay Social Security services and that such obligations
shall be that of the Contractor, other than those set forth in this agreement. Contractor shall
furnish its own transportation, office and other supplies as it determines necessary in carrying
out its duties under this agreement.
7. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any
work being performed under this Agreement, procure and maintain the following minimum
insurance coverages to protect the City and Contractor against all loss, claims, damage and
liabilities caused by Contractor, its agents, contractors or employees, as more particularly set
forth below:
(a) General liability insurance with limits of One Million Dollars
($1,000,000) combined single limit occurrence. 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/or Operations.
Independent Contractors.
Broad Form Property Damage.
Broad Form Contractual Coverage applicable to this specific
Agreement.
18
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.
The City of Sunny Isles Beach is to be named as an additional insured
with respect to liability arising out of operations performed for the
City by or on behalf of Contractor or the acts or omissions of
Contractor in connection with such operation.
(b) Workers' Compensation insurance to apply for all employees in
compliance with the Workers Compensation Law of the State of Florida and
all applicable federal laws.
(c) Business Automobile Liability Insurance with minimum limits of Five
Hundred Thousand Dollars ($500,000.00) per occurrence combined single
limit for Bodily Injury Liability and Property Damage Liability. Coverage
must be afforded on a form no more restrictive than the latest edition of the
Business Automobile Liability Policy, without restrictive endorsements, as
filed by the Insurance Services Office and must include:
Owned vehicles.
Hired and non-owned vehicles.
Employers' non-ownership.
Such policies of insurance shall not diminish Contractors indemnification obligations
hereunder. The insurance policy shall be issued by such company, in such forms and with
such limits of liability and deductibles as are acceptable to the City and shall be endorsed to
be primary over any insurance, which the City may maintain. Before any work under this
Agreement is performed, and at any time upon request, Contractor shall furnish to the City
certificates of insurance evidencing the minimum required coverage and appropriatel y
endorsed for contractual liability with the City named as an additional insured. All policies
shall contain a waiver of subrogation endorsement. All policies and certificates shall be in
forms and issued by insurance companies acceptable to the City's Risk Management
Department. All insurance policies and certificates of insurance shall provide that the
policies may not be canceled or altered without thirty (30) calendar days prior written notice
to the City Manager or his designee.
8. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. All documents prepared by
the Contractor pursuant to this agreement and related services to this agreement are intended
and represented for the ownership of the City only. Any other use by Contractor or other
parties shall be approved in writing by the City.
19
-
9. DUTY TO DEFEND. INDEMNIFY AND HOLD HARMLESS. Contractor agrees
to defend, indemnify and hold harmless, the City, its officers, agents, employees from, and
against any and all claims, actions, liabilities, losses and expenses including, but not limited
to, attorney's fees for personal, economic or bodily injury, wrongful death, loss of or damage
to property, at law or in equity, which may arise or may be alleged to have risen from the
negligent acts, errors, omissions or other wrongful conduct of the Contractor, agents or other
personal entity acting under Contractor's control in connection with the Contractor's
performance of Services under this Agreement and to that extent the Contractor shall pay
such claims and losses and shall pay all such costs and judgments which may issue from any
lawsuit arising from such claims and losses including wrongful termination or allegations of
discrimination or harassment, and shall pay all costs and attorneys' fees expended by the City
in defense of such claims and losses including appeals. The parties agree that ten percent
(10%) of the total compensation is a specific consideration from the City to the Contractor
for this indemnity.
10. TERMINATION.
A. If, through any cause within the reasonable control the Contractor shall fail to
fulfill in a timely manner or otherwise violate any of the covenants, agreements or
stipulations material to this agreement, the City shall have the right to terminate the services
then remaining to be performed. Prior to the exercise of its option to terminate for cause, the
City shall notify the Contractor of its violation of the particular terms of the agreement and
grant Contractor ten (10) days to cure such default. If the default remains uncured after ten
(10) days the City may terminate this agreement
(i.) In the event of termination, all finished and unfinished documents, data and
other work product prepared by Contractor (and sub Contractor(s)) shall be
delivered to the City and the City shall compensate the Contractor for all
services satisfactorily performed prior to the date of termination.
(ii.) Notwithstanding the foregoing, the Contractor shall not be relieved of liability
to the City for damages sustained by it by virtue of a breach of the agreement
by Contractor and the City may reasonably withhold payments to Contractor
for the purposes of set-off until such time as the exact amount of damages due
the City from the Contractor is determined.
B. Termination for Convenience of City. The City may, for its convenience and
without cause terminate the services then remaining to be performed at any time by given
written notice to Contractor which shall become effective ten (10) days following receipt by
Contractor. The terms of Paragraphs A(i) and (ii) shall be applicable hereunder.
C. Termination for Insolvency. The City also reserves the right to terminate the
remaining services to be performed in the event the Contractor is placed either in voluntary
or involuntary bankruptcy or makes any assignment for the benefit of creditors.
11. ASSIGNMENTS. TRANSFERS. SUBCONTRACTING. The Contractor shall not
subcontract, assign or transfer any work under this agreement with the prior written consent
of the City. Should the Contractor subcontract any services under this agreement, it shall be
20
..
done with continued liability for the Contractor. The Contractor shall remain responsible for
services, responsibilities and liabilities of any person or entity acting under Contractor.
12. TIME OF COMPLETION. The services to be rendered by the Contractor shall be
commenced upon execution of this contract and shall be completed within 60 (Sixty) days
after the execution date of this agreement. A reasonable extension of time shall be granted in
the event the work of the Contractor is delayed or prevented by the City or by circumstances
beyond the reasonable control of the Contractor including weather conditions of acts of God
which render the performance of the Contractor's duty impracticable.
13. WAIVER OF RIGHT TO JURY TRIAL. Each of the parties hereto hereby
knowingly, voluntarily and intentionally, waive the right which any 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.
14. 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.
15. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the
term of this Agreement or any time for a period of TEN (10) years subsequent to that date
upon which the Contractor shall leave the employment of the City for any reason whatsoever,
disclose to any person or entity, other than in the discharge of the duties of the Contractor
under this Agreement, any information which the City designates in writing as "confidential."
As a violation by the Contractor of the provisions of this Section could cause irreparable
injury to the City and there is no adequate remedy at law for such violation, the City shall
have the right, in addition to any other remedies available to it at law or in equity, to enjoin
the Contractor in a court of equity for violating such provisions.
16. NOTICES. All notices and other communications required or permitted to be
given under this Agreement by either party to the other shall be in writing and shall be sent
(except as otherwise provided herein) (i) by certified or registered mail, first class postage
prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally
recognized courier service, or (iii) by facsimile with confirmation receipt (with a copy
simultaneously sent by certified or registered mail, first class postage prepaid, return receipt
requested or by overnight delivery by traditionally recognized courier service), addressed to
such party as follows:
21
If to the City: Rick Conner With a copy to:
City Manager Hans Ottinot
City of Sunny Isles Beach City Attorney
18070 Collins A venue City of Sunny Isles Beach
Fourth Floor 18070 Collins A venue
Sunny Isles Beach, Florida 33160 Fourth Floor
Tel: (305) 792-1701 Sunny Isles Beach, Florida
33160
Tel: (305) 792-1702
If to the Contractor:
17. GOVERNING LAW. This Agreement shall be governed by and construed III
accordance with the laws of the State of Florida.
18. AUDIT. The Contractor shall make available to the City or its representative all
required financial records associated with the Agreement for a period of THREE (3) years.
19. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state
civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title
VIII of the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community
Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the
Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive
Order 11063, and with Executive Order 11248 as amended by Executive Orders 11375 and
12086.
The Contractor will not discriminate against any employee or applicant for employment
because of race, color, creed, religion, ancestry, national origin, sex, disability or other
handicap, age, marital/familial status, or status with regard to public assistance. The
Contractor will take affirmative action to insure that all employment practices are free from
such discrimination. Such employment practices include but are not limited to the following:
hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff,
termination, rates of payor other forms of compensation, and selection for training, including
apprenticeship. The Contractor agrees to post in conspicuous places, available to employees
and applicants for employment, notices to be provided by the City setting forth the provisions
of this non-discrimination clause.
The Contractor agrees to comply with any Federal regulations issued pursuant to compliance
with Section 504 of the Rehabilitation Act of 1973 (29 U.S.c. 708), which prohibits
discrimination against the handicapped in any Federally assisted program.
20. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by
the Miami-Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by
Chapter 33 of the City of Sunny Isles Beach Code of Ordinances, which are incorporated by
reference herein as if fully set forth herein, in connection with the Agreement conditions
hereunder.
22
-
The Contractor covenants that it presently has no interest and shall not acquire any interest,
direct or indirectly which should conflict in any manner or degree with the performance of
the services. The Contractor further covenants that in the performance of this agreement, no
person having any such interest shall knowingly be employed by the Contractor. No member
of, or delegate to the Congress of the United States shall be admitted to any share or part of
this agreement or to any benefits arising therefrom.
21. CONFLICTING PROVISIONS. The terms and conditions in this agreement
supersede any other conflicting provisions that are contained in any other document,
including but not limited to any attachments hereto.
22. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the
parties, and may be amended, waived, changed, modified, extended or rescinded only by a
writing signed by the party against whom any such amendment, waiver, change,
modification, extension and/or rescission is sought.
WITNESSES:
BY:
Print Name
WITNESSES:
Print Name
CITY OF SUNNY ISLES BEACH
BY:
Norman S. Edelcup, Mayor
ATTEST:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Jane A. Hines, CMC, City Clerk
By
Hans Ottinot, City Attorney
23
CANOPY INSTAllATION lOCATION
"
A TT ACHMENT "D"
24
~-:-
I [.
. Ut3'"
..~onQtS:\lJEi.
'.
I
I
JI~
a:li
'.
! . .~
I :. ~
..L
.'p,e. " f I
.~l) -t I
r.
t
f
t
,.
-
t:1=:' " '.
. sw. s....
. t' .'
.~
I
"
~aq tt,
~
- '8~Nl>>l 8~
C.N:.U, . .
.,...
~q,W
~ "0
~
25
~
--..
--...
It~_
\..L
~
~
~'
~
-.>
~
'..'
~."
I'
~~aEVA1lON
CId. '(Jr . ~""
26
~~~_~~_~~~~.~_~__~~~_~D.~
. .. J\.. .. J'l .. ~ ~ .. A." l\. .. " ..".. ... ..
r-
, r.:. ~/'
^~l^
I~ --^-- s
I1q
&J
~
t ~
L
I
l./'-l./
-:;('J ,--^-../
I;;J
L.I _ "--^-./ (
-:-/., - .-... '(
1'6.6. . ~ .
'-JL.I
7~1
11.-_
-
>
"
~ <h
--~ / II 'J~
~"1. 7::. ' -
, ~ ~
~~I -- \
I( j){1"J ~ ~~"
~ ~~~~~~1; ~ \ u
\
s; _ ~ ,r l...
. I _ ~ _ ~f~) k/'7J
It 1'1\ l7\ ~ ~ /~ V\ /\/ \. X / \ ~" ~! ..
;:- 1 ~ /I ~ II ~ I A iiiI... ./
) "'~ y '<__..:;v 'Z_ Y~<-.YrQ~ ~
\J
CAtJ()PY
~CAlloN
!~
~~
ST
~
II>-
.
:0-.
-
$T .
1f9\, ,.u if
...... -- - -- ~ J....- ~ i~ - - I~
~ ~ ~~v--V -)r.: ~~ ~~ .-r,;_ ~ ~.
~.~ ... ._....... ... _.. ~ 1'l:...1#' ~ ~'[jJ ~ 'I
/I ~ ~
'*' -.J 0 }
\ -
'-
-
r
~
IIr v
'tJ
-
'"
l==-
w::;;;:s::;
~
~I
mr
IIII
1111
~
<<i
;c
... ^
~"..... ,10:.1..-
I' ~ 01:
~ ~, \/: M\~
" ~IE[ 1 V
\V' ~
~~
V///.i
~~
V////
~I
J
.1(.1(.,
A7 ,
'"
.L_~_L~ __L
n.. X " J( .. }( J"'X .. 1{ .. I" .. if tlI J
rr
I
I
I Ii
'J
nlJ.~flliN- ?7