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REQUEST FOR
PROPOSALS NO. 09-11-01
PROFESSIONAL DESIGN AND
BUILD SERVICES FOR A
SKATEBOARD PARK AT
TOWN CENTER PARK
CITY OF SUNNY ISLES BEACH
MIAMI-DADE COUNTY, FLORIDA
TABLE OF CONTENTS
RFP
Public Notice........,............................................................................................................................ ..............,.... 1
Section 1.1 Introduction.................................................................................................................. .................... 3
Section 1.2 Background........... ........................,..................................... ,.............................. ................... ....... ,.... 3
Section 1.3 -Specific Requirements................................................................................................................... 3
Section 1.4 -Scope of Services and Construction Budget ................................................................................4
Section 1.5 - Submittal Requirements..... .................................................................... .......... ,.................,.,....... 5
Section 1.6 - Submission Date and Mandatory Pre-RFP Submission Conference........................................ 6
Section 1.7 - Additional Information or Clarification .....................................................................................6
Section 1.8 - Selection, Award, and Protest Procedures..................................................................................7
Section 1.9 - Contract Execution .......................................................................................................................7
Section 1.10 - Payment Bond.............................................................................................................. ................ 7
Section 1.11 - Instructions............................................................................................. ,.................. .... .............. 8
Section 1.12 - Changes/Alterations............. .............................................................................. ,...... .................. 8
Section 1.13 - Discrepancies, Errors, and Omissions .......................................................................................9
Section 1.14 - Disqualification........................................................................................................... .................9
Section 1.15 - Submissions Receipt.................................................................................................................... 9
Section 1.16 - Capital Expenditures................................................................................................ ..... .............9
Section 1.17 - Hold Harmless and Indemnification ......................................................................................... 9
Section 1.18 - Reservation of Rights.................................................................................................................. 10
Section 1.19 - Additional Information..............................................................,................................................ 11
Section 1.20 - Exhibit........................................................................................................................ ....... ........... 12
Demonstrative Exhibits (Attachment "A")................................................................. ............... 13
Public Entity Crime Affidavit (Attachment "B") ............................................................................................. 16
Non-Collusive Affidavit (Attachment "C") ........................,............................................................... ............... 19
Agreement between City and Successful Proposer (Attachment "D") ....,...................................................... 21
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN that pursuant to Section 287.055, Florida Statutes, the
"Consultants' Competitive negotiation Act", the CITY OF SUNNY ISLES BEACH is
seeking proposals for professional design and build services for a skateboard park at Town
Center Park, a 3 acre park located on the west side of Collins A venue and 1720d Street.
Interested firm/individuals ("Proposer (s)") may pick-up a copy of Request for Proposals
("RFP") No. 09-11-01 to be issued on Monday, November 2, 2009 at Sunny Isles Beach
Government Center, 18070 Collins Avenue, City Clerk's Office, Fourth Floor, Sunny Isles
Beach, Florida, 33160. The RFP contains detailed and specific information about the scope
of services, submission requirements and selection procedures. The RFP package will also
be available on Demand Star at www.demandstar.com.
One (1) original, four (4) copies of the completed and executed Submissions must be
delivered to the following address no later than Wednesday, December 2, 2009 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. 09-11-01 PROFESSIONAL DESIGN AND BUILD SERVICES FOR A
SKATEBOARD PARK AT TOWN CENTER PARK
OPENING DATE AND TIME: Wednesday, December 2, 2009
A mandatory Pre-RFP Submission Conference is scheduled for Wednesday, November
18, 2009 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 are required to attend this meeting. Proposers should allow sufficient
time to ensure arrival prior to the indicated time, those arriving after the discussion has
begun will not be considered to be in attendance. Submissions from those who have failed
to attend will not be accepted.
The City of Sunny Isles Beach (the "City") intends to enter into an agreement with the
successful Proposer to design and build a skateboard park at Town Center Park, a 3 acre park
located on the west side of Collins A venue and 1720d Street in the City of Sunny Isles Beach,
Florida.
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.
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. 09-11-01 are to be directed in writing to Jorge Vera,
Assistant City Manager, at the following address: 18070 Collins Ave., Fourth Floor, Sunny
Isles Beach, Florida 33160. Alternatively, any questions may be sent via email to:
JV era@sibfl.net.
Any questions or clarifications concerning the proposal specifications must be received by
Jorge Vera, Assistant City Manager, at least seven (7) business days prior to the date of the
proposal opening.
For further information, please contact Jorge L. Vera, Assistant City Manager, at 305-792-
1928.
Jane A. Hines, CMC, City Clerk
City of Sunny Isles Beach
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CITY OF SUNNY ISLES BEACH, FLORIDA
REQUEST FOR PROPOSALS NO. 09-11-01
PROFESSIONAL DESIGN AND BUILD SERVICES FOR A SKATEBOARD PARK
AT TOWN CENTER PARK
1.1 INTRODUCTION
Pursuant to Section 287.055, Florida Statutes, the "Consultants' Competitive negotiation
Act", 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
professional design and build services for a skateboard park at Town Center Park, a 3 acre
park located on the west side of Collins Avenue and 172nd Street in the City of Sunny Isles
Beach, Florida. The scope of services will also include the professional design and
construction of the path from Collins A venue on the north side of Town Center Park and the
redesign of the entrance area from the southeastern area of Town Center Park. 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.
1.2 BACKGROUND
The City of Sunny Isles Beach is located between the Atlantic Ocean and the Intracoastal
Waterway on the East and West and 193rd Street on the North and Haulover Beach Park on
the South. Our City standards stress a high quality of redevelopment with a focus on creating
visual corridors to the ocean, with access to the ocean as well as redevelopment of Sunny
Isles Boulevard and Collins Avenue with a focus on protecting the environment, providing
landscaping and developing aesthetically attractive structures.
The City has worked diligently to develop and enhance its Green Space Initiative. Through
this initiative, the City has strived to increase park and open space areas throughout the City
for the betterment of the community. The need for park improvements is part of this
initiative. Towards this end, the City held workshops to obtain input about what kinds of
improvements should be provided in park and open space areas. The public reaffirmed the
need for a skateboard park. However, there is currently no skateboard park in the City. The
design and build of a skateboard park at Town Center Park, a 3 acre park located on the west
side of Collins Avenue and 172nd Street, will help the City meets its objective.
1.3 SPECIFIC REQUIREMENTS
The proposed skateboard park shall meet the norms and standards for current skateboard park
design principles, including flow, traffic patterns, and where specified, skill levels, age-use
levels and multiple use capabilities (i.e., skateboards and inline roller blades).
The Town Center skateboard park should be designed with appropriate spacing, flow,
radiuses, and angles. The design shall be aesthetically compatible with its surrounding
environment. The design shall also provide optimum flow, enabling skateboarders to move
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safely from one area to another. The design layout shall also conform to industry standards
for spacing and placement of components.
Materials shall be high quality, free from all defects, low-maintenance, designed for
durability, and tamper/vandal resistant. The skateboard park shall be constructed with
concrete. The successful proposer is responsible for rectifying any of the grounds/foundation
or facilities that are damaged during construction by its employees or subcontractors. The
successful proposer is responsible for securing all necessary permits prior to construction and
for securing the area during construction in order to meet the City's construction site
standards under the City Code. Site cleanup after each day during construction and
installation is mandatory. Appropriate signage shall be installed by the successful proposer
to restrict use of the skateboard park area until the date the City officially opens the
skateboard park area for use.
The successful proposer shall provide maintenance guidelines and inspection checklists upon
completion of installation and shall provide on-site training for the City staff. The City will
make payment for all work and equipment only after final approval of the facility's
acceptability. All paperwork, including but not limited to brochures, instruction manuals,
specifications, blueprints, and operations manuals, shall be provided to the City before final
payment is made. Prior to beginning work, the successful proposer shall submit to the City
final equipment specifications including drawings, equipment layout and locations, etc., for
final approval. All equipment and installation must meet all applicable federal, state and
local codes and laws.
1.4 SCOPE OF SERVICES AND CONSTRUCTION BUDGET
The City is soliciting professional design and build services for the construction of a
skateboard park at Town Center Park, a 3 acre park located on the west side of Collins
Avenue and 172nd Street in the City of Sunny Isles Beach, Florida. The scope of services
will also include the professional design and construction of the path from Collins Avenue on
the north side of Town Center Park and the redesign of the entrance area from the
southeastern area of Town Center Park. Demonstrative pictures of the Town Center Park
area are attached hereto as Attachment "A".
This site is located near an environmentally sensitive area, i.e. mangroves. An adequate
buffer is necessary between the skateboard park area and the environmentally sensitive
mangrove area and neighboring condominiums.
The successful design and build team will include, but not be limited to, the following tasks:
. Facility location and planning
. Environmental considerations
. Landscape coordination
. Specialized construction for a skateboard park
. Possible public involvement
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The City contemplates the design and build team will include (but not be limited to) the
following minimum disciplines:
. Environmental design specialists
. Landscape professionals
. Park development specialists
The intent is to have the design and build team provide a viable holistic approach to the
construction of the skateboard park. The final product must be economically feasible, it must
be aesthetically pleasing and it must be compatible with the environmentally sensitive
mangrove area and neighboring condominiums. The estimated design and construction
budget is $250,000.00 (two hundred and fifty thousand dollars).
1.5 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. All other required documentation (except for 11 and 12 below) will not be considered
a part of the fifteen (15) pages.
Any Proposer wishing to provide the services described in Sections 1.1 through 1.4 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 design and build services for a skateboard park, as well as a corresponding
list of client references with contact names and telephone numbers.
3. Provide a detailed cost proposal which shall include all costs associated with the
design and construction of the proposed skateboard park located at Town Center
Park.
4. Provide a specific task oriented timeline for the design and construction of the
skateboard park.
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. A listing of the proposed personnel to be assigned to this project, including their
qualifications, professional licensure and experience.
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8. All warranty, guarantee, or other information regarding the expected life of the
skateboard park construction materials. Warranties shall not commence for the
equipment installed until the City of Sunny Isles Beach has given the successful
proposer written acceptance of the equipment and its installation.
9. Full listing of materials to be used in the construction of the skateboard park facility.
10. A schematic design of the proposed equipment and facility, including color scheme,
style, height, and ramp grades, and all support amenities. Please note that no portion
of the skateboard park ramp shall exceed 4 (four) feet in height.
11. Sworn statement pursuant to Section 287. 133(3)(A), Florida Statutes, regarding
Public Entity Crime, a copy of which is attached hereto.
12. Non-collusive and Public Entity Crime Affidavits, copies of which are attached
hereto as Attachments "B" and "C".
1.6 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., December
2,2009, at the Sunny Isles Beach Government Center, Attn: 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 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.
The envelope containing the sealed Proposal must be clearlv marked as follows:
"SEALED PROPOSAL"
RFP NO. 09-11-01 PROFESSIONAL DESIGN AND BUILD SERVICES FOR A
SKATEBOARD PARK AT TOWN CENTER PARK
OPENING DATE AND TIME: Wednesday, December 2, 2009
A mandatory Pre-RFP Submission Conference is scheduled for Wednesday, November
18, 2009, at the Sunny Isles Beach Government Center, 18070 Collins Avenue, First
Floor Meeting Room, Sunny Isles Beach, Florida. All Proposers planning to submit a
Proposal are required to attend this meeting. Proposers should allow sufficient time to
ensure arrival prior to the indicated time, those arriving after the discussion has begun
will not be considered to be in attendance. Submittals from those who have failed to
attend will not be accepted.
1.7 ADDITIONAL INFORMATION OR CLARIFICATION
Requests for additional information or clarifications must be made in writing and received by
Jorge Vera, the Assistant City Manger specified in the Public Notice Section of this RFP, in
accordance with the deadline for receipt of questions also specified in the Public Notice
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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 Jorge Vera,
Assistant City Manager, for this RFP at the fax number (305) 792-1561. 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.
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.
1.8 SELECTION. AWARD. AND PROTEST PROCEDURES
The City will select the Proposer the City determines to be the lowest responsible and
responsive 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 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.
1.9 CONTRACT EXECUTION
A contract will be negotiated and executed between the selected Proposer and the City in
substantially the same form as Attachment "D". 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.
1.10 PA YMENT BOND
The City shall require the successful Proposer to furnish a Payment Bond in the amount of
Two Hundred Fifty Thousand ($250,000.00), which shall be provided to the City as the
Obligee, as security for payment of all persons performing labor or furnishing materials in
connection herewith.
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Within ten (10) calendar days of being notified of the award, the selected proposer shall
furnish an executed agreement (in substantially the same form as the Agreement attached
hereto) and attach a Payment Bond (containing all the provisions of the Payment Bond
herein). The Payment Bond shall be in an amount of Two Hundred Fifty Thousand
($250,000) guaranteeing to City the full payment of all suppliers, material, laborers, or Sub-
Contractors employed pursuant to the work described in this RFP. The Payment Bond shall
be with a Surety company meeting the qualifications of this document and shall continue in
effect for one and one half years after final completion and acceptance of the work described
in this RFP. Pursuant to the requirements of Section 255.05(1), Florida Statutes, the selected
proposer shall ensure that the Payment Bond referenced herein shall be recorded in the public
records of Miami-Dade County and provide City with evidence of such recording.
The Payment Bond must be executed by a Surety company authorized to do business in the
State of Florida as a surety, having a resident agent in the State of Florida and having been in
business with a record of successful continuous operation for at least five (5) years. The
Surety company shall hold a current certificate of authority as acceptable surety on federal
bonds in accordance with the United States Department of Treasury Circular 570, current
Revisions. The City will accept a surety bond from a company with a rating B+ or better.
Failure of the successful Proposer to execute and deliver the Agreement and deliver the
required bond and Insurance Certificates as stipulated in this RFP shall be cause for the City
to annul the Notice of Award and declare the Proposal and any security therefore forfeited.
1.11 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 SOLICIT A TION 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.
1.12 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.
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1.13 DISCREPANCIES. ERRORS. AND OMISSIONS
Any discrepancies, errors, or ambiguities in the RFP or addenda (if any) should be reported
in writing to Jorge Vera, Assistant City Manager. Should it be necessary, a written
addendum will be incorporated to the RFP. The City will NOT be responsible for any oral
instructions, clarifications, or other communications.
1.14 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.
1.15 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.
1.16 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 neither of a contract award nor to
maintain the approved status of the selected Proposer if a contract is awarded.
1.17 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 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 any operations connected with the design
and/or construction of the skateboard park at Town Center Park, 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
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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
or anyone for whose acts any of them may be liable, regardless of whether or not it is caused
by a party indemnified hereunder.
In the event that a court of competent jurisdiction determines that Sec. 725.06 (2), F.S. is
applicable to the design and construction of the skateboard park, then in lieu of the above
provisions of this section the parties agree that selected Proposer shall indemnify, defend and
hold harmless the City, their officers and employees, to the fullest extent authorized by Sec.
725.06 (2) F.S., which statutory provisions shall be deemed to be incorporated herein by
reference as if fully set forth herein. In the event that any action or proceeding is brought
against City by reason of any such claim or demand, the selected Proposer, upon written
notice from City shall defend such action or proceeding by counsel satisfactory to City. The
indemnification provided above shall obligate selected Proposer to defend at its own expense
or to provide for such defense, at City's option, any and all claims of liability and all suits
and actions of every name and description that may be brought against City, excluding only
those which allege that the injuries arose out of the sole negligence of City, which may result
from the operations and activities described in this RFP whether the design and/or
construction operations be performed by selected Proposer, its Sub-Proposers, or by anyone
directly or indirectly employed by either.
1.18 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.
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1.19 ADDITIONAL INFORMATION
. The Submission must clearly be marked on the front of the envelope:
"SEALED PROPOSAL"
RFP NO. 09-11-01 PROFESSIONAL DESIGN AND BUILD SERVICES FOR A
SKATEBOARD PARK AT TOWN CENTER PARK
OPENING DATE AND TIME: Wednesday, December 2, 2009
. Questions regarding this RFP must be directed, no later than seven (7) calendar days
before the opening of the RFP, to:
Jorge Vera
Assistant City Manager
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 792-1912
Email: JVera@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
18070 Collins Avenue
First Floor Meeting Room
Sunny Isles Beach, FL 33160
. The opening of the Proposals will be in the First Floor Meeting 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.
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1.20 A TT ACHMENTS
The Exhibits to this RFP are as follows:
Attachment "A"
Attachment "B"
Attachment "C"
Attachment "D"
Demonstrative Exhibits
Public Entity Crime Affidavit
Non-Collusive Affidavit
Agreement
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14
~f
'I'
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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 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
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person who has been convicted of a public entity cnme III Florida during the
preceding 36 months shall be considered an affiliate.
5. I understand that a "person" as defined in Paragraph 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 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)
17
STATE OF FLORIDA )
)ss.
COUNTY OF MIAMI-DADE)
The foregoing Form was acknowledged before me this_ day of , 2009, by
,~ ~
, 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:
18
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
19
The foregoing Affidavit was acknowledged before me this_ day of , 2009, by
, as of
, a Florida corporation, on behalf of said corporation and
limited partnership. He/She personally appeared before me and is personally known to me.
{ NOTaRIAL SEAL}
Notary:
Print Name:
Notary Public, State of Florida
My Commission Expires:
20
CITY OF SUNNY ISLES BEACH
AGREEMENT WITH TO
DESIGN AND BUILD A SKATEBOARD PARK
AT TOWN CENTER PARK
CONTRACT NO.
THIS CONTRACTOR AGREEMENT made and entered into this _ day of
20_, 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 design and build a skateboard
park at Town Center Park pursuant to the specifications outlined in RFP No. 09-11-01; and
WHEREAS, the Contractor was selected by the City as the lowest responsible,
responsive bidder in response to RFP No. 09-11-01; and
WHEREAS, the Contractor is qualified, willing and able to provide the desired
Services on the terms and conditions set forth herein.
NOW THEREFORE, 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 services
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 Services designated in RFP No. 09-11-01, and
Attachment "A", (the "Services") which are incorporated herein by reference.
b. The Services 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 Town Center Park.
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.
d. The Contractor shall promptly correct all Services rejected by the City as faulty,
defective, or failing to conform to this Agreement whether observed before or after
21
substantial completion of the Services, and whether or not fabricated, installed or
completed. The Contractor shall bear all costs of correcting such rejected Services.
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 12 of this Agreement. Services shall commence upon execution by both parties
and the issuance of a Notice to Proceed (the "Commencement Date"). Any change in fee,
terms or conditions shall be accomplished by written amendment to this Agreement and
approval by the City.
5. TIME OF PERFORMANCE. Time is of the essence of this Agreement. The
parties agree that all tasks specified in RFP No. 09-11-01, and Attachment "A", shall be
substantially complete no later than from the Commencement Date
("Substantial Completion Date"), unless extended through mutual agreement in writing by
the City and Contractor. 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.
6. 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 conformity
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
final/last 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
22
account will thereupon be closed, any and 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.
7. 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-issue the RFP to design and build the skateboard park at Town Center Park if the
Contractor fails to perform under this Agreement due to the undisclosed conditions.
8. 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.
9. 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:
o Comprehensive General Liability ("CGL") insurance, with minimum limits of
One Million Dollars ($1,000,000) per occurrence, combined single limit for
Bodily Injury Liability and Property Damage Liability, and Two Million
Dollars ($2,000,000) aggregate. Coverage must be afforded on a form no
more restrictive than the latest edition of the Comprehensive General Liability
policy, without restrictive endorsements, as filed by the Insurance Services
Office, and must include:
23
· Products and/or Completed Operations for contracts with an
Aggregate Limit of One Million Dollars ($1,000,000.00)
Additionally, Contractor shall maintain in force until at least three
(3) years after completion of all Services required under this
Agreement, coverage for Products and Completed Operations,
including Broad Form Property Damage.
· Personal and Advertising Injury with an aggregate limit of One
Million Dollars ($1,000,000.00).
CGL Required Endorsements include the following:
· Employees included as insured
· Independent Contractor's Coverage
· Contractual Liability
· Waiver of Subrogation
. Premises and/or Operations
. Explosion, Collapse and Underground Hazards
. Loading and Unloading
· Mobile Equipment (Contractor's Equipment) whether
owned, leased, borrowed or rented by Contractor or
employees of Contractor
City is to be expressly included as an Additional Insured with respect
to liability arising out of operations performed for City by or on behalf
of Contractor or acts or omissions of Contractor in connection with
general supervision of such operation.
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 Umbrella Policy (Excess Follow Form) which shall include bodily injury and
property damage liability with limits of three million dollars ($3,000,000.00)
each occurrence and an aggregate limit of three million dollars
($3,000,000.00). Umbrella Policy coverage shall provide excess coverage
over (1) Commercial General Liability and (2) Business Automobile Liability.
o Professional Liability Insurance - Error's and Omissions. The Contractor
shall maintain Professional Liability insurance including Errors and
Omissions coverage in the minimum amount of three million dollars
($3,000,000.00) per claim three million dollars ($3,000,000.00) per aggregate,
combined single limits providing for all sums which the Contractor shall be
24
legally obligated to pay as damages for claims arising out of the services
performed by the Contractor or any person employed by the Contractor in
connection with this Agreement. This insurance shall be maintained for at
least one (1) year after completion of the construction and acceptance of the
Services covered by this Agreement.
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.
10. Payment Bond. City shall require Contractor to furnish a Payment Bond. The
Payment Bond, in the amount of Two Hundred Fifty Thousand ($250,000.00), shall be
provided to City as the Obligee, as security for the payment of all persons performing labor
or furnishing materials in connection herewith.
Within ten (10) calendar days of being notified of the award, Contractor shall execute this
Agreement and attach a Payment Bond. The Payment Bond shall be in an amount of Two
Hundred Fifty Thousand ($250,000) guaranteeing to City the full payment of all suppliers,
material, laborers, or Sub-Contractors employed pursuant to the work described in the
Request for Proposal and this Agreement. The Payment Bond shall be with a Surety
company meeting the qualifications of the Request for Proposal and this Agreement. The
Payment Bond shall continue in effect for one and one half years after final completion and
acceptance of the work described in the Request for Proposal and this Agreement. Pursuant
to the requirements of Section 255.05(1), Florida Statutes, Contractor shall ensure that the
Payment Bond referenced above shall be recorded in the public records of Miami-Dade
County and provide City with evidence of such recording.
The Payment Bond must be executed by a Surety company authorized to do business in the
State of Florida as a surety, having a resident agent in the State of Florida and having been in
business with a record of successful continuous operation for at least five (5) years. The
25
Surety company shall hold a current certificate of authority as acceptable surety on federal
bonds in accordance with the United States Department of Treasury Circular 570, current
Revisions. City will accept a surety bond from a company with a rating B+ or better.
Failure of Contractor to execute and deliver the Agreement and deliver the required payment
bond and Insurance Certificates as stipulated in the Request for Proposal and this Agreement
shall be cause for City to annul the Notice of A ward and declare Contractor and any security
therefore forfeited.
11. 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.
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.
12. 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 personnel 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.
26
13. 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 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 6 herein.
H. 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.
HI. 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 ten (10) 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
27
in voluntary or involuntary bankruptcy or makes any assignment for the
benefit of creditors.
14. 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.
15. 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.
16. 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.
17. 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 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 City Manager, Rick Conner, shall be considered
unauthorized and shall not be compensated/paid by the City.
18. 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. 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.
19. 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
28
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.
20. 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 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,
21. 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.
22. 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.
23. 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 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.
29
24. 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 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.
25. PATENTS AND COPYRIGHTS. The Contractor shall pay all royalties and
assume all costs arising from the use of any invention, design, process, materials, equipment,
product or device in performance of the Services, which is the subject of patent rights or
copyrights. Contractor shall, at its own expense, hold harmless, indemnify and defend the
City against any claim, suit or proceedings brought against the City which is based upon a
claim, whether rightful or otherwise, that the Services, or any part thereof, furnished under
this Agreement, constitutes an infringement of any patent or copyright of the United States.
The Contractor shall pay all damages, costs and attorney's fees awarded against the City.
26. WARRANTY. The Contractor warrants that the Services including equipment and
materials provided shall conform to professional standards of care and practice in effect at
the time the Services are performed, be of the highest quality, and be free from all faults,
defects or errors. The Contractor further warrants that all equipment and materials provided
shall be new. If the Contractor is notified in writing of a fault, deficiency or error in the
Services provided within one (1) year, unless a longer period is specified in the solicitation,
from completion of the Services, the Contractor shall, at the City's option, either re-perform
such portions of the Services to correct such fault, defect or error, at no additional cost to the
City, or refund to the City, the charge paid by the City, which is attributable to such portions
of the faulty, defective or erroneous Services, including the costs for re-performance of the
work provided by other Contractors.
27. 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 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
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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, including any attachments hereto.
28. FORCE MAJEUREIINTERRUPTION. 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").
29. ENTIRE AGREEMENT. This Agreement 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.
30. 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 ill
triplicate on the day and year first written above.
WITNESSES:
COMPANY
Signature
BY:
Name & Title
Print Name
WITNESSES:
Signature
Print Name
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ATTEST:
CITY OF SUNNY ISLES BEACH
BY:
Jane A. Hines, CMC, City Clerk
BY:
Norman S. Ede1cup, Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Hans Gttinot, City Attorney
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