HomeMy WebLinkAboutSpecifications
REQUEST FOR
QUALIFICATIONS
NO. 09-05-01
THRESHOLD INSPECTION
SERVICES FOR THE HERITAGE
PARK PARKING GARAGE
CITY OF
SUNNY ISLES BEACH
MIAMI-DADE COUNTY,
FLORIDA
TABLE OF CONTENTS
RFQ NO. 09-05-01
Pub Ii c N oti ce . ......... 11.,. ,..........., ... ,...,. II ....... II I....... '" " I. " I... " I. I... '" I.... II II II.... II II...... II II.. II II ... II II... II II II II.. 1,..1
S ecti on 1.1 - In trod u cti on . II II 1,.,1 ... II.... II.. ......... II .... .... II... ... II ...... ... 11.,1 II II...... II II II II II II II II II II... ....... II II 1,.,1 11.3
Section 1.2 - Background. ......................................................II .... II ............. II II ............. ....... ..... II ..... .... II 3
Section 1.3 - Proj eel Description ........... ............................. ........ .... II II II II ............................. ..... ............3
Section 1.4 - Su bmission Date .................. ..................................... .......... ......................... ....... .............4
Section 1.5 -Statement of Qualifications ............ ............. ...................... ......... .............. ............ ....... ....4
Section 1.6 - Scope of Services ... ............................................................................................. ....... ....... 5
Secti on 1.7 - Submittal Requiremen ts ...................... .............................................. ....................... ......5
Section 1.8 - Additional Information or Clarification .......................................................................6
Section 1.9 - Award of Contract........... ................................................. ....................... ..... ......... .......... 6
Section 1.10 - Con tract execution ........................................................... ........................................ ......7
Section 1.11 - Unauthorized Work ...................................................................................................... 7
Section 1.12 - Instructions ............................................. .......... ...... ............. .................. ........................ 7
Section 1.13 - Changes! Alterations ...................................................................................................... 7
Section 1.14 - Discrepancies, Errors, and Omissions .........................................................................7
Section 1.15 - Disqualifications ....... .............................................................. .............. ..... ......... ........... 8
S ecti on 1.16 - Sub mission Recei pt... ....................................................... ..............................................8
Section 1.17 - Capital Expenditures ........... .................................................. ........................ ...............8
Section 1.18 - Scope of Work for Construction ..................................................................................8
Section 1.19 - Use of Premises ..............................................................................................................8
Section 1.20 - City's Occupancy Requirements..................................................................................9
Section 1.21 - Work Restrictions........... ................................................ ....................... ............. ........... 9
Section 1.22 - Reservation of Rights ....................................................................................................9
Section 1.23 _ Additional lor ormation .. ... ................................................. ............................. .............. 9
Section 1.24 - Exhibits ........................ ...... ................ .............................................. ....... ............... .........11
Public En ti ty Crime Mfidavit...................................................................... ............ ................. ........ ....12
Agreem en t....................................... ............. ............ ........... .............................................. ...................... 15
Sch ematic design and artistic rendering.. .............................. ...... .................................. .... ........... ....... 26
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN that the CITY OF SUNNY ISLES BEACH is seeking
Submissions ("Submissions or Responses") detailing qualifications to provide threshold
inspection services for the construction of the Heritage Park Parking Garage.
Interested finn/individuals ("Applicants") or Contractor(s)") may pick-up a copy of the
Request for Qualification ("RFQ") to be issued on May 28, 2009, at Sunny Isles Beach
Government Center, 18070 Collins Avenue, City Clerk, Fourth Floor, Sunny Isles Beach,
Florida, 33160. The RFQ 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 June 19, 2009.
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 aGcept late submitted bids in the sole
discretion of the City Manager or his designee.
The envelope containing the sealed Submission must be clearly marked as follows:
"SEALED BID"
RFQ NO. 09-05-01 THRESHOLD INSPECTION SERVICES FOR THE
HERITAGE PARK PARKING GARAGE
OPENING DATE AND TIME: Friday, June 19,2009,10:00 A.M.
The City is soliciting Threshold Inspection Services for the Heritage Park Parking
Garage. This will include, but is not limited to, the following tasks:
Foundation
Shear- Wall, Ground floor
Columns, Ground floor
Ground floor slab
Second, Third, Fourth and Fifth floor slab
Columns 2nd, 3rd, 4th, & 5th floors
Shear walls 2nd, 3rd & 4th floors
Stairs and Railings
Store front I Window connection
Shoring
Heritage Park Parking Garage:
The garage must accommodate at least 500 parking spaces meeting minimum City Code
provisions and five (5) levels of parking (including the ground level). Parking will be
allowed on the top (open) level. A driveway entrance to the service road will be required.
The structure's foot print should not exceed one acre and is anticipated to be
approximately 125 feet by 350 feet.
The RFQ package (without the Plans and Specifications) will be available on Demand
Star at www.demandstar.com.
Complete RFQ packages (Plans, Specifications and Bid Documents) may be
obtained at your expense from:
Miami T -Square
3824 SW 8th Street
Coral Gables, FL 33134
Phone: 305-446-8816
Fax: 305-445-3812
Email: coral2ables@t-sQuare.com
Job Name: Sunny Isles Beach Threshold Inspection Services for the Heritage Park
Parking Garage
All requests for printing of Plans, Specifications, and Bid Documents are needed to
be made via fax or email to Miami T -Square.
The City reserves the right to reject any or all submittals, with or without cause, and to
waive technical errors and informalities, and to accept the submittal which best serves the
interest of the City.
For further information, please contact Jorge Vera, Assistant City Manager, at 305-792-
1701.
Jane A. Hines, CMC, City Clerk
City of Sunny Isles Beach
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CITY OF SUNNY ISLES BEACH, FLORIDA
REQUEST FOR QUALIFICATIONS NO. 09-05-01
THRESHOLD INSPECTOR FOR
THE HERITAGE PARK PARKING GARAGE
1.1 INTRODUCTION
Pursuant to Chapter 62 of the City Code, the City of Sunny Isles Beach, Florida, (the
"City") a municipality located in Miami-Dade County, Florida, requests qualified
applicants to submit letters of interest and statements of qualifications and experience, to
act as the City's threshold inspector. The City intends to pre-qualify up to three (3)
applicants and execute an agreement with the successful applicant for threshold
inspection services for the Heritage Park Parking Garage. The City will create a final list
of three firms for this project, unless the City agrees to consider more than three (3)
applicants.
1.2 BACKGROUND
The City of Sunny Isles Beach was officially incorporated in 1997 and adopted its own
Comprehensive Plan in 2000. At the time of incorporation, the City had no public parks.
Since its incorporation, the City has experienced dramatic growth and development,
prompting the City to create more open space in the City. The City has made it a priority
to create more open/green space. The City has already acquired more than 12 acres over
the past two years, with five (5) acres being acquired this past year alone for parks and
open space. This past year, the City Commission has sponsored an initiative to create a
$50 million dollar fund to acquire land for open/green space purposes.
The Heritage Park and Parking Garage is an integral part of the City's commitment to
open/green space. The City's Heritage Park was specifically identified as an important
element in meeting the City's park and open space needs. Heritage Park will be the first
park created in the northern part of the City. The City envisions that the park will be a
focus point of recreational activities for residents living in the area. The park shall also
include a municipal garage that will be jointly used by residents and a private hotel.
1.3 DESCRIPTION OF HERITAGE PARK PARKING GARAGE
The Heritage Park Parking Garage is located with an approximately 3.82 acre facility
bounded by Collins A venue on the east, Lehman Causeway on the south, Gallahad-Dade
Road (193rd) on the north, and the Ocean View residential development on the west.
PARKING GARAGE:
The garage must accommodate at least five hundred (500) parking spaces meeting
minimum City Codes and five (5) levels of parking (including the ground level).
Parking will be allowed on the top (open) level. A driveway entrance from the service
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road commonly known as Gallahad Dade Boulevard will be required. The structure's
foot print should not exceed one (1) acre and is anticipated to be approximately one
hundred and twenty-five (125) feet by three hundred and fifty (350) feet.
1.4 SUBMISSION DATE
Submittals must be received by the City Clerk's Office no later than June 19, 2009 at
the Sunny Isles Beach Government Center, AUn: City Clerk, First Floor Meeting Room,
18070 Collins Avenue, Sunny Isles Beach, FL 33160. One (1) original, and four (4)
copies of the completed and executed Submission must be delivered by this deadline.
Submittals will be opened publicly and read aloud at this time. The City reserves the
right to accept or not accept late submitted bids based on the sole discretion of the City
Manager or his designee.
The envelope containing the sealed Submission must be clearly marked as follows:
"SEALED SUBMITTAL"
RFQ NO. 09-05-01 THRESHOLD INSPECTION SERVICES
FOR THE HERITAGE PARK PARKING GARAGE
OPENING DATE AND TIME: JUNE 19,2009 AT 10:00 A.M.
1.5 STATEMENT OF QUALIFICATIONS
Statements of qualifications should be self-explanatory and presented in a manner to
provide a straightforward presentation of the applicant's capabilities and qualifications.
Elaborate brochures and other promotional type materials are not desirable. The format
shall address and respond to each requirement of the RFQ as outlined below.
1) History of the Firm, including ownership and key management.
2) A summary of any company changes that are anticipated to occur during the
Project.
3) Location of corporate headquarters and other divisional offices.
4) Location of office(s) that will be involved in this Project.
5) Applicant shall demonstrate state certification for threshold inspector
6) Number of years of experience as a threshold inspector
7) Description of recent project experience, including projects of similar size,
and client references with contact information.
8) A statement of experience summarizing threshold inspection services on
similar projects and a summary of what your firm can "bring to the table" for
the City of Sunny Isles Beach.
9) A statement addressing your Firm's present and projected workload and now
this project will be scheduled within that workload.
10) Evidence that the firm has the required license, insurance and financial and
bounding capacity necessary to fulfill its responsibility for this project.
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The applicant shall furnish such additional information as the City may reasonably
require. This includes information that indicates financial resources as well as the ability
to provide and maintain the requested services.
1.6 SCOPE OF SERVICES
The City is soliciting threshold inspection services for the Heritage Park Parking Garage
per the plans and specifications prepared by Spillis-Candela-DMJM. This will
include, but is not limited to, the following tasks:
. Foundation
. Shear- Wall, Ground floor
. Columns, Ground floor
. Ground floor slab
. Second, Third, Fourth and Fifth floor slab
. Columns 2nd, 3rd ,4th & 5th floors
. Shear walls 2nd, 3rd & 4th floors
. Stairs and Railings
· Store front / Window connection
. Shoring
1.7 SUBMITT AI.. REQUIREMENTS
All submittals by applicants shall contain no more than ten (10) pages specifically
addressing the following issues. All other required documentation (except for 5 and 6
below) will not be considered a part of the ten (10) pages. Any applicant wishing to
provide the services described in Section 1.6 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. A list of all projects (including government projects) completed or in process for
the past five (5) years, and a corresponding list of client references with contact
names and telephone numbers.
3. Proof of authorization to transact business in Florida from the Florida Secretary of
State, from the prime as well as supporting firms.
4. The name, title, qualifications, experience, and all contact information of the
proposed contact person.
5. A listing of the proposed personnel to be assigned to this project including their
qualifications and experience.
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6. Sworn statement pursuant to Section 287.133(3)(A), Florida Statutes, on Public
Entity Crime, a copy of which is attached hereto.
7. Non-collusive Affidavit, a copy of which is attached hereto.
1.8 ADDITIONAL INFORMATION OR CLARIFICATION
Requests for additional information or clarifications must be made in wntmg and
received by the City Manager specified in the Public Notice section of this RFQ, in
accordance with the deadline for receipt of questions also specified in the Public Section
of this RFQ. The request for additional information and clarification must contain the
RFQ number and title, applicant's name, name of applicant's contact person, address,.
phone number, and facsimile number.
Electronic facsimile requesting additional information must be received by the City
Manager for this RFQ at the fax number (305) 792-1561. Facsimiles must have a cover
sheet which includes, at a minimum, the applicant's name, name of applicant's contact
person, address, number of pages transmitted, phone number, facsimile number, and RFQ
number and title.
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. Applicants
should not rely on any representations, statements or explanations other than those made
in this RFQ or in any written addendum to this RFQ. Where there appears to be conflict
between the RFQ and any addenda issued, the last addendum issued shall prevail.
1.9 SELECTION. AWARD. AND PROTEST PROCEDURES
The City will select the applicant the City determines to be the most qualified and
responsive applicant ("Successful Applicant") based on the City's evaluation of the
Statement of Qualifications in accordance with Section 1.5 of this RFQ and interviews, if
conducted. 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
will select the firm 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 Qualifications, select of the
Successful Applicant, and/or Applicant award process must be submitted in writing in
accordance with Section 62-15 of the City Code.
If the City and Successful Applicant 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
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Submissions have been rejected. No Applicant shall have any rights in the subject
project or against the City arising from such negotiations.
1.10 CONTRACT EXECUTION
A contract will be negotiated and executed between the Successful Applicant and the
City in substantially the same form as the Agreement attached hereto. The successful
operation of this contract requires that the Successful Applicant and the City agree to act
in good faith in all matters relating to carrying out the project and the interpretation of the
contract documents.
1.11 UNAUTHORIZED WORK
The Successful Applicant shall not begin work until a Notice to Proceed is received. The
Notice to Proceed shall specify the period of time allotted for the completion of the work.
1.12 INSTRUCTIONS
Careful attention must be given to all requested items contained in this RFQ. Applicants
are invited to submit Submissions in accordance with the requirements of this RFQ.
PLEASE READ THE ENTIRE SOLICITATION BEFORE SUBMITTING A
SUBMITT AL. Applicants shall make the necessary entry in all blanks provided for the
responses.
The entire set of documents, together with all attachments hereto, constitutes the RFQ.
The Applicants must return these documents with all information necessary for the City
to properly analyze applicant's response in total and in the same order in which it was
issued. Applicant's notes, exceptions, and comments may be rendered on an attachment,
provided the same format of this RFQ text is followed. All responses to this RFQ shall be
returned in a sealed envelope or package with the RFQ number and opening date clearly
noted on the outside of the envelope.
Applicant's must provide a response to each requirement of the RFQ. Responses should
be prepared in a concise manner with an emphasis on completeness and clarity.
1.13 CHANGES/ALTERATIONS
Applicant 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.
1.14 DISCREPANCIES. ERRORS. AND OMISSIONS
Any discrepancies, errors, or ambiguities in the RFQ or addenda (if any) should be
reported in writing to the City Manager or his designee. Should it be necessary, a written
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addendum will be incorporated to the RFQ. The City will NOT be responsible for any
oral instructions, clarifications, or other communications.
1.15 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 Applicant. The City also reserves the right to waive any immaterial defect
or informality in any responses to this RFQ; to reject any or all responses in whole or in
part; or to reissue an RFQ for the services described herein.
1.16 SUBMISSION RECEIPT
Sealed responses will be accepted in accordance with the instructions detailed on the
cover of this RFQ. The Applicant shall file all documents necessary to support its
response and shall include them with its Submission. Applicant shall be responsible for
the actual delivery of responses during business hours to the exact address indicated in
this RFQ. The City reserves the right to accept or not accept late submitted bids in the
sole discretion of the City Manager or his designee.
1.17 CAPITAL EXPENDITURES
The Successful Applicant understands that any capital expenditures that the Successful
Applicant makes, in order to perform the services required in this RFQ, is a business risk
which the Successful Applicant may include in its proposed price. The City, however, is
not and shall not payor reimburse any capital expenditures or any other expenses
incurred by any Applicant in anticipation neither of a contract award nor to maintain the
approved status of the Successful Applicant if a contract is awarded.
1.18 SCOPE OF WORK FOR THRESHOLD INSPECTOR SERVICES
The City is soliciting threshold inspection services for the Heritage Park Parking Garage.
The City intends to pre-qualify up to three (3) threshold inspectors and execute an
agreement with the Successful Applicant for threshold services at the Heritage Park
Parking Garage.
1.19 USE OF PREMISES
The Successful Applicant shall have use of the premises for threshold inspection services
during the construction of the Heritage Park Parking Garage. However, the Successful
Applicant's use of premises is limited by the City's right to perform work or retain other
contractors on portions of the work. Deliveries shall be scheduled in a manner that will
minimize the space and time required for storage of materials and equipment on site.
There shall be no closure of vehicular lanes. The Successful Applicant and Successful
Applicant's employees are prohibited from parking on the project site without the
advance, express written consent of the City.
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1.20 CITY'S OCCUPANCY REOUIREMENTS
The City reserves the right to occupy and to place and install equipment in completed
areas of the project site, before Substantial Completion, provided such occupancy does
not interfere with completion of the Work. Such placement of equipment and partial
occupancy shall not constitute acceptance of the total Work. The City or its designee will
prepare a Certificate of Substantial Completion for each specific portion of the Work to
be occupied before occupancy by the City.
Before partial occupancy, mechanical and electrical systems shall be fully operational
and required tests and inspections shall be successfully completed. On occupancy, the
City will operate and maintain mechanical and electrical systems servicing occupied
portions of the building. On occupancy, the City will assume responsibility for the
maintenance and custodial service of the occupied portions of the building.
1.21 WORK RESTRICTIONS
Work shall be performed at the project site during normal business working hours from 7
A.M. to 5 P.M. Monday through Friday, and Saturday from 9 A.M. to 5 P.M. except as
otherwise approved by the City.
1.22 RESERVATION OF RIGHTS
While pursuing this RFQ process, the City reserves the right to:
· Accept any or all responses, and the right, in its sole discretion, to accept the
applicant 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 applicant, including officers, principals, senior management,
and supervisors, as well as staff identified in the response to RFQ.
· Investigate the applicant's qualifications or any of its agents, as it deems
appropriate
· Conduct personal interviews of any or all applicants prior to selection (the City
shall not be liable for any costs incurred by the applicant in connection with such
interviews).
· Waive any of the conditions or criteria set forth in this RFQ.
· The City reserves the right on any advertised selection process to decide whether
to select a firm based on the Statement of Qualifications received or whether to
hold interviews with the firms the City deems best qualified for the Project.
1.23 ADDITIONAL INFORMATION
· The Submission must clearly be marked on the front of the envelope:
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"SEALED BID"
RFQ NO. 09-05-01 PROFESSIONAL THRESHOLD INSPECTION SERVICES
FOR THE HERITAGE PARK PARKING GARAGE
OPENING DATE AND TIME: FRIDAY, JUNE 19,2009, AT 10:00 A.M.
. Questions regarding this RFQ must be directed, no later than seven (7) calendar
days before the opening of the RFQ, to:
Jorge Vera
Assistant City Manager
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 792-1928
Email: ivera@sibfl.net
. Responses to this RFQ must be delivered by the stated deadline to:
Attn: Jane A. Hines, CMC
City Clerk
Sunny Isles Beach Government Center
18070 Collins Avenue
First Floor Conference Room
Sunny Isles Beach, FL 33160
· The opening of the Submissions will be in the First Floor Conference Room,
18070 Collins Avenue, Sunny Isles Beach, Florida 33160 at the stated time.
· Submissions will be opened publicly and read aloud at this time.
· The City is under no obligation to return the Submissions.
. The City will not be liable for any cost incurred in the preparation of the response
to RFQ.
· The Submissions shall be prima facie evidence that the applicant 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 applicants shall furnish the City with such additional information as the City
may reasonably require.
. Under no circumstance should any applicant 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 applicant. Likewise, contact
with the City Commission or City Staff against the interest of other prospective
applicants are prohibited. Any such activities may result in the exclusion of the
applicant from consideration by the City.
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1.24 EXHIBITS
The Exhibits to this RFQ are as follows:
Exhibit "A" Public Entity Crime Affidavit
Exhibit "B" Non-Collusive Affidavit
Exhibit "C" Agreement
Exhibit "D" Schematic design and artistic rendering of the Heritage Park and Parking
Garage
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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 Section 287.133(l)(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 Section 287. 133(l)(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 Section 287.133(l)(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 crime.
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
12
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.
5. I understand that a "person" as defined in Section 287. 133(1)(e), Florida Statutes,
means any natural person or entity organized under the laws of any state or of the
United States with the legal power to enter into a binding contract and which bids or
applies to bid on contracts for the provision of goods or services let by a public entity,
or which otherwise transacts or applies to transact business with a public entity. The
term "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 Officers 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 [mal 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.
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SIGNATURE OF AFFIANT
(printed or Typed Legal Name of Affiant)
State of Florida of County of Miami-Dade
Sworn to and subscribed before me this
2009,
day of
by
Notary Seal:
Notary's Name Printed, Stamped or Typed
Personally Known:
or Produced Identification
Identification Produced
14
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CITY OF SUNNY ISLES BEACH
THRESHOLD INSPECTION SERVICES
AGREEMENT WITH CONTRACTOR
CONTRACT NO.
THIS CONTRACTOR AGREEMENT made and entered into this _ day of
2009, by and between the CITY OF SUNNY ISLES BEACH,
FLORIDA, a municipal corporation of the State of Florida, (hereinafter referred as to
"City") and ,a Florida corporation, authorized to do business in the
State of Florida, (hereinafter referred to as "Contractor").
WHEREAS, the City wishes to employ Contractor to provide professional
engineering Threshold Inspection Services for the City's Heritage Park Parking Garage,
located within an approximately 3.82 acre facility bounded by Collins Avenue on the
east, Lehman Causeway on the south, Gallahad-Dade Road (193rd) on the north, and the
Ocean View residential development on the west; and
WHEREAS, the Threshold Inspection Services include the following tasks:
foundation; shear-wall (ground floor); columns (ground floor); ground floor slab; floor
slabs (2nd through 5th floors); and columns (2nd through 5th floors); and
WHEREAS, the Contractor is qualified, willing and able to provide the desired
services on the terms and conditions set forth herein.
NOW THERFORE, in consideration of the premises and the mutual covenants
herein named, the parties hereto agree as set forth below:
1. RECITALS. The Recitals set forth above are hereby incorporated into this
Agreement and made a part of hereof for reference.
2. SERVICES TO BE PERFORMED. Contractor shall perform the required
Threshhold Inspection Services at the City's Heritage Park Parking Garage located in the
City of Sunny Isles Beach, Florida, in compliance with the terms and conditions of this
Agreement.
a. Contractor agrees to furnish all labor and materials in a good and workmanlike
and professional manner, to perform the work designated in Attachment "A"
attached hereto, which is incorporated herein by reference.
b. The services described in Attachment "A" shall be performed by Contractor to the
full satisfaction of the City. Contractor agrees to immediately inform the City via
telephone and in writing of any problems that could cause damage to Property and
persons at the Property.
15
c. Contractor will require its employees to perform their work in a manner befitting
the type and scope of work to be performed. In the event that the Contractor fails
to complete performance pursuant to the terms of this contract and City must
undertake the completion of performance of services, Contractor agrees to
indemnify the City for all costs incurred with respect to the completion of those
services and any damages the City may suffer as a result of the failure of
performance by Contractor.
3. ADDITIONAL SERVICES. If the need for additional work or changes under
this Agreement is identified by Contractor during the course of performing its obligations
hereunder, Contractor shall set forth such additional work and the cost thereof in a
supplemental work order (a "Supplemental Work Order") and submit such Supplemental
Work Order for approval by the City. No such additional work shall be done or paid for
without the specific prior written approval of the City.
4. TERM. This Agreement shall be for a term of , beginning
, and ending , unless terminated sooner
pursuant to paragraph 11 of this Agreement. Services shall commence upon execution
by both parties and the issuance of a Notice to Proceed. Any change in fee, tenns or
conditions shall be accomplished by written amendment to this Agreement and approval
by the City.
5. COMPENSATION. Payment to Contractor for all charges and tasks under this
Agreement shall not exceed a total amount of $ in accordance
with this Agreement and the schedule of charges reflected in Exhibit "A". This fee to the
Contractor shall be disbursed on a monthly basis accompanied by itemized invoices and
under the following conditions:
a. Disbursements. There are no reimbursable expenses associated with this
contract.
b. Payment Schedule. Invoices received for services rendered in confonnity
with the Agreement will be sent to the Finance Department for payment.
Invoices must reference the contract number assigned hereto. Invoices
will be paid in accordance with the State of Florida Prompt Payment Act.
c. Availability of Funds. The City's performance and obligation to pay
under this Agreement is contingent upon an annual appropriation for its
purpose by the City Commission.
d. Final Invoice. In order for both parties herein to close their books and
records, the Contractor will clearly state "final invoice" on the
Contractor's fmalllast billing to the City. This certifies that all services
have been properly performed and all charges and costs have been
invoiced to the City. Since this account will thereupon be closed, any and
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other additional charges, if not properly included on this final invoice are
waived by the Contractor.
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.
Contractor shall not pledge the City's credit or make it a guarantor of payment or
surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness.
The Contractor further warrants and represents that it has no obligation or indebtedness
that would impair its ability to fulfill the terms of this Agreement.
6. UNDISCLOSED CONDITIONS. In the event that undisclosed conditions are
discovered during the performance of this Agreement, the City shall have the right to
cancel this Agreement upon thirty (30) days written notice to Contractor. Upon
termination, the City may re-bid the project if the Contractor fails to perform under this
Agreement due to the undisclosed conditions.
7. 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.
8. 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 coverage to protect the City and Contractor against all loss, claims,
damage and liabilities caused by Contractor, its agents, sub-Contractors or employees, as
indicated below:
I:l Comprehensive General liability insurance, including broad form
contractual liability coverage for all operations, including, but not limited
to, contractual, products, and completed operations, personal injury and
property damage liability with minimum limits of One Million Dollars
($1,000,000) per occurrence and Two Million Dollars ($2,000,000)
aggregate.
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o Professional LiabilitylErrors and Omissions Insurance applying to all
professional activities performed under this Agreement with minimum
limits of not less than One Million Dollars ($1,000,000) per occurrence.
o Worker's Compensation, as required by law, but with no less than
$1,000,000 for Employer's Liability.
o Business Automobile Liability which shall include coverage for all owned,
non-owned and hired vehicles for minimum limits of not less than One
Million Dollars ($1,000,000) per occurrence, One Million Dollars
($1,000,000) per accident for bodily injury and Five Hundred Thousand
Dollars ($500,000) per accident for property damage.
o UmbrellalExcess Liability coverage in addition to the foregoing limits that
when combined with the foregoing limits provide total coverage of at least
Five Million Dollars ($5,000,000).
Insurance required of the Contractor shall be primary to, and not contribute with, any
insurance or self-insurance maintained by the City.
Such insurance shall not diminish Contractor's indemnification and obligations
hereunder. The insurance policy(ies) shall be issued by companies authorized to do
business under the laws of the State of Florida and acceptable to the City with a minimum
A.M. Best rating of A-Excellent. 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 shall be
appropriately endorsed for contractual liability, with the City named as 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) days
prior written notice to the City. The City reserves the right from time to time to change
the insurance coverage and limits of liability required to be maintained by Contractor
hereunder.
Contractor shall also require and ensure that each of its sub-Contractors providing
services hereunder (if any) procures and maintains, until the completion of the services,
insurance of the types and to the limits specified herein.
ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS
SECTION MUST BE APPROVED IN WRITING BY THE CITY.
9. OWNERSHIP OF DOCUMENTS AND EOUlPMENT. 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.
18
Contractor shall deliver to the City for approval and acceptance, and before being
eligible for final payment or any amounts due, all documents and materials prepared by,
and for, the City under this Agreement.
All oral and written information not in the public domain or not previously
known, and all information and data obtained, developed or supplied by the City, or at its
expense, will be kept confidential by the Contractor and will not be disclosed to any other
party, directly or indirectly, without the City's prior written consent, unless required by a
lawful order. All drawings, maps, sketches, programs, data base, reports and other data
developed or purchased under this Agreement for, or at the City's expense, shall be and
remain the City's property and may be reproduced and reused at the discretion of the
City.
The City and Contractor shall comply with the provisions of Chapter 119, Florida
Statutes (Public Records Law).
All covenants, agreements, representations and warranties made herein, or
otherwise made in writing by any party pursuant hereto, including, but not limited to, any
representations made herein relating to disclosure or ownership of documents, shall
survive the execution and delivery of this Agreement and the consummation of the
transactions contemplated hereby.
10. INDEMNIFICATION. Contractor agrees to indemnify, defend and hold
harmless, the City, its officers, agents, and 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 pursuant to that 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.
11. TERMINATION.
a. Termination for Default. 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
19
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.
1. 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, as provided in Paragraph 5 herein.
11. 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.
111. After receipt of a Termination Notice and except as otherwise
directed by the City, the Contractor shall:
1. Stop work on the date and to the extent
specified;
2. Terminate and settle all orders and
subcontracts relating to the performance of
the terminated work;
3. Transfer all work in process, completed
work and other materials related to the
terminated work to the City; and
4. Continue and complete all parts of that
work that have not been terminated.
b. Termination for Convenience of City. The City may, for its convenience
and without cause terminate the services then remaining to be performed
provided that the Contractor is given thirty (30) days notice.
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.
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I
12. ASSIGNMENTS. TRANSFERS. SUBCONTRACTING. The Contractor shall
not subcontract, assign or transfer any work under this agreement without the prior
written consent of the City. Should the Contractor subcontract any services under this
agreement, it shall be 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.
13. TIME OF COMPLETION. The services to be rendered by the Contractor shall
be commenced upon execution of this contract and shall be completed by
. 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 or acts of God
which render the performance of the Contractor's duty impracticable.
14. AUTHORITY TO PRACTICE. Contractor hereby represents and warrants that
it has and will continue to maintain all licenses and approvals required to conduct its
business and that it will at all times conduct its business activities in a reputable manner.
Proof of such licenses and approvals shall be submitted to the City prior to
commencement of work under this Agreement.
15. MODIFICATIONS OF WORK. The City reserves the right to make changes in
the work, including alterations, reductions or additions thereto. Upon receipt of the
City's notification of a contemplated change, the Contractor shall (1) if requested by the
City, provide an estimate for the increase or decrease in cost due to the contemplated
change, (2) notify the City of any estimated change in completion date, and (3) advise the
City in writing if the contemplated change shall affect the Contractor's ability to meet the
completion dates or schedules of this Agreement.
16. COORDINATION OF SERVICES. The City's representative/liaison during
the performance of this Agreement shall be Jorge Vera, Assistant City Manager whose
phone number is 305/792-1912. Contractor shall not respond to requests for services
under this Agreement unless the request is received directly from Jorge Vera, Assistant
City Manager, or his designated personnel. Any requests received from other City
departments/divisions shall be referred to Jorge Vera first for approval or if Jorge Vera is
unavailable, then to the Acting City Manager, Rick Conner for approval prior to the
commencement of any work. Services performed without authorization by Jorge
Vera, Assistant City Manager, or the Acting City Manager, Rick Conner, shall be
considered unauthorized and shall not be compensated/paid by the City.
17. 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
21
County, Florida. The non-prevailing party shall pay all costs of arbitration and attorneys'
fees incurred by the parties 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.
18. 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.
19. NOTICES. All notices and communications hereunder shall be in writing and
shall be deemed given when sent postage prepaid by registered or certified mail, return
receipt requested and, if intended for City to Acting City Manager, Rick Conner, with a
copy to Hans Ottinot, City Attorney, City of Sunny Isles Beach, 18070 Collins Avenue,
Sunny Isles Beach, Florida 33160, and, if intended for Contractor, shall be addressed to,
20. GOVERNING LAW. The validity of this Agreement and the interpretation and
performance of all of its terms shall be construed and enforced in accordance with the
laws of the State of Florida, without regard to principles of conflict of laws thereof. The
location of any action or proceeding commenced under or pursuant to this Agreement
shall be in Miami-Dade County, in the State of Florida.
21. 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.
22. 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 I 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/family 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
22
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.
23. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be
governed by the Miami-Dade County Confl ict of Interest Ordinance Section 2-11.1, as
amended; and by Sunny Isles Beach Ordinance No. 99-82, which are incorporated by
reference herein as if fully set forth herein, in connection with the Agreement conditions
hereunder. Contractor covenants that it presently has no interest and shall not acquire
any interest, direct or indirectly that should conflict in any manner or degree with the
performance of the services.
24. CONFLICTING PROVISIONS. The terms and conditions in this agreement
supersede any other conflicting provisions that are contained in any other document.
25. MISCELLANEOUS.
a. The rights granted to Contractor hereunder are nonexclusive, and the City
reserves the right to enter into agreements with other persons or firms to perform services
including those provided hereunder.
b. Contractor and its employees shall promptly observe and comply with applicable
provisions of all published federal, state and local laws, rules and regulations which
govern or apply to the services rendered by Contractor hereunder, or to the wages paid by
Contractor to its employees.
c. Contractor shall obtain and keep in force during the term of this Agreement all
necessary licenses, registrations, certificates, permits and other authorizations as are
required by law in order for Contractor to render the service(s) required hereunder.
d. Contractor shall not use the name or official seal of the City in any promotional
material without the prior written consent of the City.
e. Except as expressly provided for in this Agreement, Contractor is not authorized
to act as the City's Agent hereunder and shall have no authority, expressed or implied, to
act for or bind the City hereunder, either in Contractor's relations with sub-Contractors,
or in any other manner whatsoever.
f. The terms and conditions of this Agreement shall prevail over any contrary or
inconsistent terms in any other documents.
23
26. FORCE MAJEURE/INTERRUPTION. Neither party shall be liable for any
failure to perform any of its obligations under this Agreement (except payment
obligations) due to unforeseen circumstances or causes beyond the party's reasonable
control, including without limitation, acts of God, riot, embargoes, acts of governmental
authorities, fire, earthquake, flood, accident, strikes, or inability to secure transmission
facilities ("Force Majeure").
27. ENTIRE AGREEMENT. This Agreement, and Attachment Exhibit "A," which
is expressly incorporated herein by reference, shall constitute the entire agreement
between the parties with respect to the subject matter hereof, and it shall supersede all
previous and contemporaneous oral and written negotiations, commitments, agreements
and understanding relating hereto. This Agreement may be executed in multiple identical
counterparts, each of which shall be deemed an original for all purposes.
28. AMENDMENT. Any modification of this Agreement shall be effective only if in
writing and signed by the parties to this Agreement. No waiver of any provision of this
Agreement shall be valid or enforceable unless such waiver is in writing and signed by
the party granting such waiver.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in
triplicate on the day and year first written above.
(The remainder of this page has been intentionally left blank.)
24
WITNESS:
Print Name:
Print Name:
CONTRACTOR:
Signatureffitle
ATTEST:
By:
Jane A. Hines, CMC, City Clerk
CITY OF SUNNY ISLES BEACH
By:
Norman S. Edelcup, Mayor
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
By:
Hans OUinot, City Attorney
25
26
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