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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. '. 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