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HomeMy WebLinkAboutSpecifications DESIGN AND CONSTRUCTION OF CANOPY STRUCTURES AT HERITAGE PARK AND GOLDEN SHORES PARK PROPOSAL SPECIFICATIONS Request for Proposal No. 11-10-01 Publish Date: 10/14/2011 Pre-Proposal Conference: Intentionally Omitted Proposal Due and Proposal Opening Date: 11/07/2011 at 10:00 AM Sunny Isles Beach Government Center 18070 Collins Avenue Sunny Isles Beach, Florida 33160 SECTION 1 TABLE OF CONTENTS Table of Contents Legal Advertisement/Notice to Bidder Instructions to Bidder / General Terms Special Terms & Conditions Scope of Work / Technical Specifications Evaluation Process Proposal Format Bid Submittal Form Affidavits Non-Collusive Affidavit Public Entity Crimes Equal Opportunity / Affirmative Action Statement Conflict of Interest Statement Dispute Disclosure Form Anti-Kickback Affidavit Bid Bond Performance Bond Attachments Drawings PAGE 2 OF 33 BID No. 11-10-01 Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Page 2 Page 3 Page 4 Page 12 Page 18 Page 24 Page 26 Page 29 Page 1 of 7 Page 2 of 7 Page 4 of 7 Page 5 of 7 Page 6 of 7 Page 7 of 7 Page 8 of 10 Page 9 of 10 LEGAL ADVERTISEMENT NOTICE TO BIDDER NOTICE IS HEREBY GIVEN that the City of Sunny Isles Beach is seeking sealed Bids for the following work as specified. DESIGN AND CONSTRUCTION OF CANOPY STRUCTURES AT HERITAGE PARK AND GOLDEN SHORES PARK Request for Proposal No. 11-10-01 The Bid Specifications for this request for proposal are available from DemandStar by calling (800) 711-1712 or by accessing their website at www.demandstar.com. The Bid Specifications may also be examined at the City of Sunny Isles Beach - Office of the City Clerk. Vendors who obtain the Bid Specifications from sources other than DemandStar or the City of Sunny Isles Beach are cautioned that their Bid response package may be incomplete. Addenda will be posted and disseminated by DemandStar at least five days prior to the submittal date to all vendors who are listed on the official list. The City may not accept incomplete Bids. Bids shall be on a unit price basis; segregated Bids will not be accepted. Sealed Bids will be received by the City Clerk no later than 10:00 AM, on Monday, 11/07/2011 at the Sunny Isles Beach Government Center located at 18070 Collins Avenue, 4th floor, Sunny Isles Beach, Florida, 33160. Bids received after this time will not be considered. The City is under no obligation to return Bids. Timely submitted Bids will be opened publicly and read aloud at this time. The envelope containing the sealed Bid must be clearly marked: "IMPORTANT, BID ENCLOSED" Request for Proposal No. 11-10-01 DESIGN AND CONSTRUCTION OF CANOPY STRUCTURES AT HERITAGE PARK AND GOLDEN SHORES PARK OPENING DATE AND TIME: Monday, 11/07/2011 at 10:00 AM The Owner reserves the right to reject any or all Bids, with or without cause, to waive technical errors and informalities, and to accept the Bid, which best serves the interest of, and represents the best value to, the Owner in conformity with the criteria set forth in Section 62-8 of the Code of Ordinances of the City of Sunny Isles Beach. All questions regarding Request for Proposal No. 11-10-01 shall be directed in writinq to Jane A. Hines, CMC, City Clerk, at least five (5) business days prior to the date of the Bid opening. Questions may be submitted via email to: JHines(Ci)sibfl.net or via facsimile (305) 792-1563 or via regular mail at: Jane A. Hines, CMC, City Clerk, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, FL 33160. Jane Hines, CMC, City Clerk City of Sunny Isles Beach PAGE 3 OF 33 BID No. 11-10-01 SECTION 1 INSTRUCTIONS TO BIDDER I GENERAL TERMS AND CONDITIONS 1.1 CLARlFICATION/EXPLANATION/OUESTIONS TO INSURE ACCEPTANCE OF YOUR BID, PLEASE FOLLOW THESE INSTRUCTIONS: Any questions concerning the Bid Specifications or any required need for clarification must be made to Jane A. Hines, CMC, City Clerk via email to: JHines@sibfl.net or via facsimile (305) 792- 1563 or via regular mail at: Jane A. Hines, CMC, City Clerk, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, FL 33160. Such requests for clarification/explanation or questions must be made in writing to Jane A. Hines, CMC, City Clerk, at least five (5) business days prior to the date of the Bid opening. Interpretations or clarifications considered necessary by the City will be issued by addenda and posted/disseminated by DemandStar (www.demandstar.com) to all parties listed on the official plan holders' list as having received the Bid documents. Only questions answered by written addenda shall be binding. Oral interpretations or clarifications shall be without legal effect. No plea of ignorance or delay or required need of additional information shall exempt a Proposers from submitting their Bid on the required date and time as publicly noted. 1.2 PLAN HOLDER'S LIST As a convenience to vendors, the City of Sunny Isles Beach has made available via internet lists of all plan holders for each invitation to Bid, Invitation to Bid, and request for qualifications. The information is available on-line at www.demandstar.com or by calling the Office of the City Clerk at (305) 792-1703. 1.3 ADDENDA TO SPECIFICATIONS If any addenda are issued after the initial specifications are released, the City will post and disseminate the addenda through DemandStar. For those projects with separate plans, blue prints, or other materials that cannot be accessed through the internet, the Office of the City Clerk will make good faith effort to ensure that all registered proposers (those who have been registered as receiving a Bid package) receive the documents. It is the responsibility of the vendor prior to the submission of any Bid to check the above website or contact the Office of the City Clerk at (305) 792-1703 to verify any addenda issued. The receipt of all addenda must be acknowledged on the Bid Response Sheet. 1.4 SPECIAL ACCOMMODATIONS Any person requiring a special accommodation at a Pre-Bid Conference or Bid/RFP/RFQ opening because of a disability should call the Office of the City Clerk at (305) 792-1703 at lease five (5) days prior to the Pre-Bid Conference or Bid/RFP/RFQ opening. If you are hearing or speech impaired, please contact the Office of the City Clerk by calling the City of Sunny Isles Beach using the Florida Relay Service which can be reached at 1(800) 955-8771 (TDD). 1.5 PUBLIC ENTITY CRIMES STATEMENT Pursuant to the provisions of paragraph (2) (a) of section 287.133, Florida statutes -"a person or affiliate who has been placed on the convicted vendor list following a conviction for a publiC entity crime !ll2Y1lQt submit a Bid on a contract to provide any goods or services to a publiC entity, may not submit a Bid on a contract with a publiC entity for the construction or repair of a public building or public work, may not submit Bids on leases of real property to a publiC entity, may not be awarded to perform work as a Contractor, supplier, sutrContractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in section 287.107, for category two for a period of 36 months from the date of being placed on the convicted vendor list". 1.6 BID DEADLINE PAGE 4 OF 33 BID NO. 11-10-01 Bids must be submitted no later than the time and date shown within this document. 1.7 SEALED BID The entire Bid Response Package shall be placed in an opaque envelope (with all items listed on the Bid checklist form and all other items required within this Invitation to Bid must be executed) and submitted in a sealed envelope. Proposers shall use the Bid Forms furnished in this Invitation to Bid. Failure to do so may cause the Bid to be rejected. Proposers shall deliver to the City, as Bid submission: 1.7.1 Bid Response Sheet and Forms: One (1) original and four (4) copies of all Bid Forms and other requested information on the proper forms and in the manner herein prescribed. 1.7.2 (If applicable) Bid Security/Bonding Requirements: Bid Security in the form of a cashier's check or approved Bid Bond in the amount of five percent (5%) of the total amount of the base Bid must be ~ to the front inside cover of the Bid Specifications. A company or personal check shall not be deemed a valid Bid Security. 1.7.3 Certificates of Competencies/Licenses/Local Business Tax Receipt: Copies of all Certificates of Competencies, Licenses, and Local Business Tax Receipt. 1.7.4 Certificate(s) Of Insurance(s): Copies of all Certificates of Insurance naming the City as an additional insured in the amounts specified in the Contract. 1.8. BID EXECUTION, SIGNATURES. ERASURE/CORRECTION All Bids shall be signed in blue ink. All price quotes shall be typewritten or printed with ink. All corrections made by the proposers prior to the opening must be initialed and dated by the proposers. No changes or corrections will be allowed after Bids are opened. Bids must contain an original, manual signature of an authorized representative of the company. 1.9 WITHDRAWAL OF BIDS Proposers may withdraw Bids only by written request and shall forward the withdrawal request via "Certified U.s. Mail - Return Receipt Requested" prior to the Bid opening time. Negligence on the part of the Proposers in preparing the Bid confers no right for the withdrawal of the Bid after it has been opened. 1.10 BID OPENING Bids will be opened publicly at the time and place stated in the Notice to Bidder. It is the responsibility of the proposers to insure that the Bid reaches the Office of the City Clerk on or before the closing hour and date stated on the invitation to Bid. After the Bid opening, the contents of the Bid Form will be made public for the information of vendors and other interested parties who may be present either in person or by representative. Bids that are received after the Bid opening time will not be considered and will not be returned. 1.11 EVALUATION OF BIDS The City, at its sole discretion, reserves the right to inspect any/all Proposers facilities to determine their capability of meeting the requirements for the Contract. Also, price, responsibility, and responsiveness of the Proposers, the financial position, experience, staffing, equipment, materials, references, and past history of service to the City and/or with other units of state, and/or local governments in Florida, or comparable private entities, will be taken into consideration in the Award of the Contract. 1.11.1 Hold Harmless: All Proposer's shall hold the City, it's officials and employees harmless and covenant not to sue the City, it's officials and employees in reference to their decisions to reject, award, or not award a Bid, as applicable. Cancellation: Failure on the part of the Proposers to comply with the conditions, specifications, requirements, and terms as determined by the City, shall be just cause for cancellation of the Award. Disputes: If any dispute concerning a question of fact arises under the Contract, other than termination for default or convenience, the Contractor and the City department responsible for the administration of the Contract shall make a good faith effort to resolve the dispute. If the dispute cannot be resolved by agreement, then the department with the advice of the City Attorney shall resolve the dispute and send a written copy of its decision to the Contractor, which shall be binding on both parties. 1.11.2 1.11.3 1.12 AGREEMENT 1.13 1.14 1.15 After the Bid award, the City will, at its option, prepare an Agreement specifying the terms and conditions resulting from the award of this Bid. The vendor will have ten (10) calendar days after notification of the award by the City to execute the Agreement and provide the required Performance and Payment Bond. The Proposers who has the Contract awarded to them and who fails to execute the Agreement and furnish the Performance and Payment Bond and Insurance Certificates within the specified time shall forfeit the Bid Security that accompanied their Bid, and the Bid Security shall be retained as liquidated damages by the City, and it is agreed that this sum is a fair estimate of the amount of damages the City will sustain in case the Proposers fails to enter into the Contract and furnish the Bonds as herein before provided. Bid Security deposited in the form of a cashier's check drawn on a local bank in good standing shall be subject to the same requirements as a Bid Bond. The performance of the City of Sunny Isles Beach of any of its obligations under the agreement shall be subject to and contingent upon the availability of funds lawfully expendable for the purposes of the agreement for the current and any future periods provided for within the Bid specifications. INDEPENDENT CONTRACTOR STATUS The contractor shall at all times, relevant to this contract, be an independent contractor and in no event shall the Contractor nor any employees or sutrcontractors under it be considered to be employees of the City of Sunny Isles Beach. PAYMENTS Payment will be made after commodities/services have been received, accepted, and properly invoiced as indicated in the contract and/or purchase order. Invoices must bear the purchase order number. LOCAL BUSINESS TAX (OCCUPATIONAL LICENSE REGISTRATION) The contractor shall be responsible for obtaining and maintaining throughout the contract period his or her city and county local business tax receipts. Each vendor submitting a Bid on this Invitation to Bid shall include a copy of the company's local business taX/occupational license(s) with the Bid resoonse. For information specific to City of Sunny Isles Beach local business taX/occupational licenses, please call Code Enforcement & Licensing at (305) 792-1705. If the contractor is operating under a fictitious name as defined in Section 865.059, Florida Statutes, proof of current registration with the Florida Secretary of State shall be submitted with the Bid. A business formed by an attorney actively licensed to practice law in this state, by a person actively licensed by the Department of Business and Professional Regulations or the Department of Health for the purpose of practicing his or her licensed profession, or by any corporation, partnership, or other commercial entity that is actively organized or registered with the Department of State shall submit a copy of the current licensing from the appropriate agency and/or proof of PAGE 5 OF 33 BID NO. 11-10-01 1.16 current active status with the Division of Corporations of the State of Florida. LIABILITY. INSURANCE. PERMITS AND LICENSES Proposers shall assume the full duty, obligation, and expense of obtaining all necessary licenses, permits, inspections, and insurance required. The Proposers shall be liable for any damages or loss to the City occasioned by negligence of the Proposers (or their agent) or any person the Proposers has designated in the completion of their contract as a result of the Bid. Contractor shall be required to furnish a copy of all licenses, certificates of competency or other licensor requirements necessary to practice their profeSSion as required by Florida State Statute, current building code, Miami-Dade County, and City of Sunny Isles Beach Code. Contractors shall include current Miami- Dade County Certificates of Competency. These documents shall be furnished to the City along with the Bid resoonse. Failure to furnish these documents or to have required licensor will be grounds for rejecting the Bid and forfeiture of the Bid Bond. 1.17 CERTIFICATECS) OF INSURANCE Proposers shall furnish to the Office of the City Clerk, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida 33160, certificate(s) of insurance which indicate that insurance coverage has been obtained from an insurance company authorized to do business in the State of Florida or otherwise secured in a manner satisfactory to the City, for those coverage types and amounts listed in this document, in an amount equal to 100% of the requirements and shall be presented to the City prior to issuance of any Contract(s) or Award(s) Document(s). The City of Sunny Isles Beach shall be named as "additional insured" with respect to this coverage. The required certificates of insurance shall not only name the types of policies provided, but shall also refer specifically to this Bid and section. At the time of Bid submission the Proposers must submit certificates of insurance as outlined in the General Conditions section. All required insurances shall name the City of Sunny Isles Beach as additional insured and such insurance shall be issued by companies authorized to issue insurance in the State of Rorida. It shall be the responsibility of the Proposers and insurer to notify the City Manager of the City of Sunny Isles Beach of cancellation, lapse, or material modification of any insurance policies insuring the Proposers, which relate to the activities of such vendor and the City of Sunny Isles Beach. Such notification shall be in writing, and shall be submitted to the City finance support service director thirty (30) days prior to cancellation of such policies. This requirement shall be reflected on the certificate of insurance. Failure to fully and satisfactorily comply with the city's insurance and bonding requirements set forth herein will authorize the City Manager to implement a rescission of the Bid award without further City Commission action. The Proposers hereby holds the City harmless and agrees to indemnify City and covenants not to sue the City by virtue of such rescission. 1.18 ASSIGNMENT The Contractor shall not transfer or assign the performance required by this Bid without prior written consent of the City Manager. Any award issued pursuant to the Invitation to Bid and monies which may be due hereunder are not assignable except with prior written approval of the City Manager. Further, in the event that the majority ownership or control of the Contractor changes hands subsequent to the award of this contract, Contractor shall promptly notify City in writing (via United 5tates Postal Service - Certified Mail, Return Receipt Requested) of such change in ownership or control at least thirty (30) days prior to such change and City shall have the right to terminate the contract upon sixty (60) days written notice, at City's sole discretion. 1.19 HOLD HARMLESS/INDEMNIFICATION The Contractor shall indemnify, save harmless, and defend the City of Sunny Isles Beach, it's officers, agents and employees from and against any claims, demands or causes of action of whatsoever kind or nature arising out of error, omission, negligent act, conduct, or misconduct of the Contractor, their agents, servants or employees in the provision of goods or the performance of services pursuant to this Bid and / or from any procurement decision of the City including without limitation, awarding the Contract to the Contractor. 1.20 NON-CONFORMANCE TO CONTRACT The City of Sunny Isles Beach may withhold acceptance of, or reject items which are found upon examination, not to meet the specification requirements. Upon written notification of rejection, items shall be removed within (5) calendar days by the vendor at their own expense and redelivered at their expense. Rejected goods left longer than thirty (30) calendar days will be regarded as abandoned and the City shall have the right to dispose of them as its own property. Rejection for non-conformance or failure to meet delivery schedules may result in the Contractor being found in default. City: Contract Documents: 1.21 DEFAULT PROVISION In case of default by the Proposers or Contractor, the City of Sunny Isles Beach may procure the articles or services from other sources and hold the Proposers or Contractor responsible for any excess costs occasioned or incurred thereby. 1.22 SECONDARY/OTHER VENDORS The City reserves the right in the event the primary vendor cannot provide an item(s) or service(s) in a timely manner as requested, to seek other sources without violating the intent of the Contract. 1.23 DEFINmONS Contract Price: Wherever used in these General Conditions or in the other Contract Documents, the following terms shall have the meaning indicated which shall be applicable to both the singular and plural thereof: Contract Ti me: Acceptance: Acceptance by the City of the Work as being fully complete in accordance with the Contract Documents subject to waiver of claims. Contracting Officer: Agreement: The written Agreement between the City and the Contractor covering the Work to be performed, which includes the Contract Documents. Contractor: Addenda: Written or graphic instruments issued prior to the Bid Opening which modify or interpret the Contract Documents, Drawings and Specifications, by addition, deletions, clarifications or corrections. Field Order: Day: Approved: Means approved by the City. Bid: The offer or Bid of the Proposers submitted on the prescribed form setting forth the prices for the Work to be performed . Modification: Proposers: Any person, firm or corporation submitting a Bid for Work. Bonds: Bid, performance bond and other instruments of security, furnished by the Contractor and their surety in accordance with the Contract Documents and in accordance with the law of the State of Florida. Notice of Award: Change Order: A written order to the Contractor signed by the City authorizing an addition, deletion or revision in the PAGE 6 OF 33 BID No. 11-10-01 Work, or an adjustment in the Contract Price or the Contract Time issued after execution of the Agreement. City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida 33160. Contract Documents shall include, Instructions to Proposers, Contractor's Bid, the Bonds, the Notice of Award, the Agreement between the City and Contractor as well as any addenda thereto, these General Conditions, Special Conditions, the Technical Specifications, Drawings and Modifications, Notice to Proceed, Invitation to Bid, Insurance Certificates, Change Orders and Acknowledgment of Conformance with the City of Sunny Isles Beach. The total monies payable to the Contractor under the Contract Documents. The number of calendar days stated in the Agreement for the completion of the Work. The individual who is authorized to sign the contract documents on behalf of the City's governing body. The person, firm or corporation with whom the City has executed this Agreement. A calendar day of twenty- four hours measured from midnight to the next midnight. A written order issued by the City which clarifies or interprets the Contract Documents or orders minor changes in the Work. Modification means anyone of the following: (a) a written amendment of the Contract Documents signed by both parties, (b) a Change Order, (c) a written clarification or interpretation if issued by the City, or (d) a written order for minor change or alteration in the Work issued by the City. A modification may only be issued after execution of the Agreement. The written notice by City to the apparent successful Proposers stating that upon compliance with the conditions precedent to be fulfilled by him within the time specified, City will execute and deliver the Notice to Proceed: Project: Samples: Shop Drawings: Specifications: Statement of Services: Sub-Contractor: Substantial Completion: Supplier: Surety: PAGE 7 OF 33 BID No. 11-10-01 Agreement to him. A written notice given by City to Contractor fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform their obligations under the Contract Documents. The entire Scope of Services to be performed as provided in the Contract Documents. Physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. All drawings, diagrams, illustrations, brochures, schedules and other data which are prepared by the Contractor, a Sub- Contractor, manufacturer, supplier, or distributor, and which illustrate the equipment, material or some portion of the work and as required by the Contract Documents. Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work. The form furnished by the City which is to be used by the Contractor in requesting progress payments. An individual, firm or corporation having a direct contract with Contractor or with any other Sutr Contractor for the performance of a part of the Work at the site. The date as certified by the City when the construction of the Project or a certified part thereof is sufficiently completed, in accordance with the Contract Documents, so that the Project or specified part can be utilized for the purposes for which it was intended; or if there be no such certification, the date when final payment is due. Any person or organization who supplies materials or equipment for the Work, including that fabricated to a special design, but who does not perform labor at the site. The corporate body which is bound with the Contractor and which engages to be 1.24 responsible Contractor acceptable the Work. for the and their performance of Work: Any and all obligations, duties and responsibilities necessary to the successful completion of the Project assigned to or undertaken by Contractor under the Contract Documents, including all labor, materials, equipment and other incidentals, and the furnishing thereof. Written Notice: The term "Notice" as used herein shall mean and include all written notices, demands, instructions, claims, approvals and disapproval's required to obtain compliance with Contract requirements. Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or to an authorized representative or such individual, firm, or corporation, or if delivered at or sent by registered mail to the last business address known to them who gives the notice. Unless otherwise stated in writing, any notice to or demand upon the City under this Contract shall be delivered to the City. BID AWARD The City reserves the right to reject any and all Bids at its sole discretion. Bids shall be awarded by the City after the City performs all necessary searches, inquiries, exploration, and analysis of the Bids. The Bid shall be awarded to the lowest responsible and responsive proposer whose Bid best serves the interests of and represents the best value to the City in conformity with the criteria set forth in Section 62-8 of the City Code. No Notice of Award will be given until the City has concluded any investigation(s) as they deem necessary to establish the Proposer's capability to perform the Services as described in this invitation to bid, as substantiated by the required professional experience, client references, technical knowledge and qualifications; and sufficient labor and equipment to comply with the City's established standards, as well as the financial capability of the Proposer to perform the Work in accordance with the Contract Documents to the satisfaction of the City within the time prescribed. The City reserves the right to reject the Bid of any Proposers on the basis of these queries and investigations and who does not meet the City's satisfaction, even though the firm may be the lowest dollars and cents Bid. In analyzing Bids, the City will also take into consideration client references, past work experience and work product, proven ability to satisfactorily perform If the Contract is awarded, the City will issue the Notice of Award and give the successful Proposers a Contract for execution within ninety (90) days after opening of Bids. The City specifically reserves the right to award the contract to a proposer who is not necessarily the lowest dollars and cents proposers on the basis of the results of these queries and investigation(s). 1.25 FORFEITURE OF BID SECURITY. PERFORMANCE BOND (IF APPLICABLE) Within ten (10) calendar days of being notified of the award, Contractor shall furnish an executed agreement and attach a Performance Bond (containing all the provisions of the Performance Bond herein). The Performance Bond shall be in the 1.26 amount of one hundred percent (100%) of the Contract Price guaranteeing to City the completion and performance of the Work covered in such Contract as well as full payment of all suppliers, material man, laborers, or SutrContractors employed pursuant to this Project. Each Bond shall be with a Surety company meeting the qualifications of this document. Each Bond shall continue in effect for one and one half years after final completion and acceptance of the Work with the liability equal to one hundred percent (100%) of the Contract Sum. The Performance Bond shall be conditioned that Contractor will, upon notification by City, correct any defective or faulty Work or materials which appear within one and one half years after final completion of the Contract. Pursuant to the requirements of Section 255.05(1), Florida Statutes, Contractor shall ensure that the Bond(s) referenced above shall be recorded in the public records of Miami- Dade County and provide City with evidence of such recording. 1.25.1 Each 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. 1.25.2 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. 1.25.3 The City will accept a surety bond from a company with a rating B+ or better. 1.25.4 Failure of the successful Proposers to execute and deliver the Agreement and deliver the required bonds and Insurance Certificates shall be cause for the City to annul the Notice of Award and declare the Bid and any security therefore forfeited. CONTRACTOR'S PRE-START REPRESENTATION Contractor represents that they have familiarized themselves with, and assumes full responsibility for having familiarized themselves with the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, State and local laws, ordinances, rules and regulations that may in any manner affect performance of the Work, and represents that they have correlated their study and observations with the requirements of the Contract Documents. Contractor also represents that they have studied all surveys and investigations reports of subsurface and latent physical conditions referred to in the specifications and made such additional surveys and investigations as they deem necessary for the performance of the Work in the Contract Documents and that they have correlated the results of all such data with the requirements of the Contract Documents. 1.27 COMMENCEMENT OF CONTRACT TIME 1.28 1.29 1.30 The Contract Time will commence to run on the date stated in the Notice to Proceed. STARTING THE PROJECT Contractor shall start to perform their obligations under the Contract Documents on the date when the Contract Time commences to run. No Work shall be done at the site prior to the date on which the Contract Time commences to run, except with the written consent of the City. BEFORE STARTING CONTRACT Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. They shall at once report in writing to City any conflict, error, or discrepancy which they may discover; however, they shall not be liable to City for their failure to discover any conflict, error, or discrepancy in the Specifications. PRE-START MEETING Within five (5) days after delivery of the executed Agreement by City to Contractor, but before starting the Work at the site, a Pre- PAGE 8 OF 33 BID No. 11-10-01 Start conference will be held to review the above schedules, and for processing Statement of Services, and to establish a working understanding between the parties as to the Project. Present at the conference will be the City representative and the Contractor. 1.31 CORRELATION. INTERPRETATION. AND INTENT OF CONTRACT DOCUMENTS It is the intent of the Specifications to describe a complete Project to be delivered in accordance with the Contract Documents. The Contract Documents comprise the entire Agreement between the City and the Contractor. They may be altered only by a Modification. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. If Contractor finds a conflict, error or discrepancy in the Contract Documents, they shall call it to the City's attention in writing at once and before proceeding with the Work affected thereby. The various Contract Documents shall be given precedence in case of conflict, error or discrepancy, as follows: Change Orders, Supplemental General Conditions, Agreement Modifications, Addenda, Special Conditions, Instructions to Proposers, General Conditions, and Specifications. If the requirements of other Contract Documents are more stringent than those of the Supplemental General Conditions, the more stringent requirements shall apply. The words "furnish" and "furnish and install", "install", and "provide" or words with similar meaning shall be interpreted, unless otherwise speCifically stated, to mean "furnish and install complete in place and ready for service". Miscellaneous items and accessories which are not specifically mentioned, but which are essential to produce a complete and properly operating installation, or usable structure or plant, providing the indicated function, shall be furnished and installed without change in the Contract Price. Such miscellaneous items and accessories shall be of the same quality standards, including material, style, finish, strength, class, weight and other applicable characteristics, as specified for the major component of which the miscellaneous item or accessory is an essential part, and shall be approved by the City before installation. The above requirement is not intended to include major components not covered by or inferable from the Specifications. The Work of all trades under this Contract shall be coordinated by the Contractor in such manner as to obtain the best workmanship posSible for the entire Project, and all components of the Work shall be installed or erected in accordance with the best practices of the particular trade. 1.32 CONTRACTOR'S LIABILITY INSURANCE Contractor shall provide and maintain in force until all the Work to be performed under this Contract has been completed and accepted by City (or for such duration as is otherwise specified hereinafter), the insurance coverage set forth in section 2.0 paragraph 2.8 1.33 CONTRACTOR'S RESPONSIBILITY The Contractor shall have the following responsibilities: 1.33.1 The Contractor will not employ any Sub-Contractor, against whom the City may have reasonable objection, nor will the Contractor be required to employ any SutrContractor who has been accepted by the City, unless the City determines that there is good cause for doing so. 1.33.2 The Contractor shall be fully responsible for all acts and omissions of their SutrContractors and of persons and organizations directly or indirectly employed by them and of persons and organizations for whose acts any of them may be liable to the same extent that they are responsible for the acts and omissions of persons directly employed by them. Nothing in the Contract Documents shall create any contractual relationship between City or Contractor and any SutrContractor or other person or organization having a direct contract with Contractor, nor shall it create any obligation on the part of City to payor to see to payment of any persons due any Sub-Contractor or other person or organization, except as may otherwise be requ ired by law. City may furnish to any SutrContractor or other person or organization, to the extent practicable, evidence of 1.34 1.35 1.36 amounts paid to the Contractor on account of specified Work done in accordance with the schedule values. 1.33.3 The divisions and sections of the Specifications shall not control the Contractor in dividing the Work among SutrContractors or delineating the Work performed by any speCific trade. 1.33.4 The Contractor agrees to bind specifically every Sutr Contractor to the applicable terms and conditions of the Contract Documents for the benefit of the City. 1.33.5 All Work performed for the Contractor by a Sutr Contractor shall be pursuant to an appropriate agreement between the Contractor and the Sutr Contractor. 1.33.6 The Contractor shall be responsible for the coordination of the trades, SutrContractors and material and men engaged upon their Work: 1.33.6.1 The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the Work to bind SutrContractors to the Contractor by the terms of these General Conditions and other Contract Documents insofar as applicable to the Work of Sub- Contractors, and give the Contractor the same power as regards to terminating any subcontract that the City may exercise over the Contractor under any provisions of the Contract Documents. 1.33.6.2 The City will not undertake to settle any differences between the Contractor and their Sub-Contractors or between Sutr Contractors. 1.33.6.3 If in the opinion of the City, any Sutr Contractor on the Project proves to be incompetent or otherwise unsatisfactory; they shall be promptly replaced by the Contractor if and when directed by the City in writing. LAWS AND REGULATIONS The Contractor will give all notices and comply with all laws, ordinances, rules and regulations applicable to the Work. If the Contractor observes that the Specifications are at variance therewith, they will give the City prompt written notice thereof, and any necessary changes shall be adjusted by an appropriate modification. If the Contractor performs any Work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the City, they will bear all costs arising wherefrom. TAXES The City of Sunny Isles Beach is exempt from sales tax imposed by the State and/or Federal Government. Florida Sales Tax Exemption No. 23-00-477131-54C appears on each purchase order. Exemption certificates are available upon request. DUTY TO DEFEND. INDEMNIFY AND SAVE HARMLE5S In consideration of the separate sum of twenty-five dollars ($25.00) and other valuable consideration, the Contractor shall defend, 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 Work described in the Contract Documents, or by or in consequence of any negligence in connection with the same; or by use of any improper materials or by or on account of any act or omission of the said Contractor or his SutrContractor, agents, servants or employees. The Contractor will defend, indemnify and hold harmless the City and their agents or employees from and against all claims, damages, losses and expenses including attorneys' fees arising out of or resulting from the performance of the Work, PAGE 9 OF 33 BID NO. 11-10-01 provided that any such claim damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than Work itself) including the loss of use resulting wherefrom and (b) is caused in whole or in part by any negligent act or omission of the Contractor, Sub-Contractor, 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.5. is applicable to this Work, then in lieu of the above provisions of this section the parties agree that Contractor 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 sha II 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, Contractor, upon written notice from City shall defend such action or proceeding by counsel satisfactory to City. The indemnification provided above shall obligate Contractor to defend at its own expense or to provide for such defense, at City's option, any and all claims of liability and all suits and actions of every name and description that may be brought against City, excluding only those which allege that the injuries arose out of the sole negligence of City, which may result from the operations and activities under this Contract whether the Work be performed by Contractor, its SutrContractors, or by anyone directly or indirectly employed by either. 1.37 CITY'S RESPONSIBILITY The City will issue all communications to the Contractor; the City will furnish the data required of them under the Contract Documents promptly; and the City's duties in respect to providing lands and easements are set forth in this section. 1.38 DECISIONS ON DISAGREEMENTS The City will be the initial interpreter of the Technical Specifications. 1.39 CHANGES IN WORK Without invalidating the Agreement, the City may, at any time or from time to time, order additions, deletions or revisions in the Work; these shall be authorized by Change Orders. Upon receipt of a Change Order, the Contractor will proceed with the Work involved. All such Work shall be executed under the applicable conditions of the Contract Documents. If any Change Order causes an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, an equitable adjustment will be made as provided in this document. A Change Order signed by the Contractor indicates their agreement therewith. 1.39.1 The City may authorize minor changes or alterations in the Work not involving extra cost and not inconsistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order. If the Contractor believes that any minor change or a ~eration authorized by the City entitles them to an increase in the Contract Price or extension of Contract Time, they may make a claim therefore as provided in this document. 1.39.2 Additional Work performed by the Contractor without authorization of a Change Order will not entitle them to an increase in the Contract Price or an extension of the Contract Time, except in the case of an emergency as provided in this document. 1.39.3 The City will execute appropriate Change Orders covering changes in the Work, to be performed and Work performed in an emergency as provided in this section and any other claim of the Contractor for a change in the Contract Time or the Contract Price which is approved by the City. 1.39.4 It is the Contractor's responsibility to notify his Surety of any changes affecting the general scope of the Work or change in the Contract Price or Contract Time and the amount of the applicable bonds shall be 1.40 1.41 adjusted accordingly. The Contractor will furnish proof of such an adjustment to the City. SUSPENSION OF WORK AND TERMINATION The City may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety (90) days by notice in writing to the Contractor which shall fix the date on which Work shall be resumed. For suspensions longer than ninety (90) days, the Contractor may be allowed an increase in the Contract Price or an extension of the Contract Time, or both. CITY MAY TERMINATE If the Contractor is adjudged bankrupt or insolvent, or if they make a general assignment for the benefit of their creditors, or if a trustee or receiver is appointed for the Contractor or for any of their property, or if they file a petition to take advantage of any debtor's act, or to reorganize under bankruptcy or similar laws, or if they repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment, or if they repeatedly fail to make prompt payments to SutrContractors or for labor, materials or equipment or they disregard laws, ordinances, rules, regulations or orders of any public body having jurisdiction, or if they disregard the authority of the City, of if they otherwise violate any provision of, the Contract Documents, then the City may, without prejudice to any other right or remedy and after giving the Contractor and the surety ten (10) days written notice, terminate the services of the Contractor and take possession of the Project and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor, and finish the Work by whatever method they may deem expedient. In such case the Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Project, including compensation for additional professional services, such excess shall be paid to the Contractor. If such costs exceed such unpaid balance, the Contractor will pay the difference to the City. Such costs incurred by the City will be determined by the City and incorporated in a Change Order. If after termination of the Contractor under this Section, it is determined by a court of competent jurisdiction for any reason that the Contractor was not in default, the rights and obligations of the City and the Contractor shall be the same as if the termination had been issued pursuant to this document. 1.41.1 Where the Contractor's services have been so terminated by the City said termination shall not affect any rights of the City against the Contractor then existing or which may thereafter accrue. Any retention or payment of moneys by the City due the Contractor will not release the Contractor from liability. 1.41.2 Upon ten (10) days written notice to the Contractor, the City may, without cause and without prejudice to any other right or remedy, elect to terminate the Agreement. In such case, the Contractor shall be paid for all Work executed and accepted by the City as of the date of the termination. No payment shall be made for profit for Work which has not been performed. 1.42 MISCELLANEOUS Proposers acknowledge the following miscellaneous conditions: 1.42.1 Whenever any provision of the Contract Documents requires the giving of written notice it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to them who gives the notice. 1.42.2 The Contract Documents shall remain the property of the City. The Contractor sha II have the right to keep one record set of the Contract Documents upon completion of the Project. 1.42.3 The duties and obligations imposed by these General PAGE 10 OF 33 BID NO. 11-10-01 1.43 Conditions, Special Conditions and Supplemental Conditions and the rights and remedies available hereunder, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon Contractor and those in the Special Conditions and the rights and remedies available to the City, shall be in addition to, and shall not be construed in any way as a limitation of, any rights and remedies available by law, by special guarantee or by other provisions of the Contract Documents. 1.42.4 Should the City or the Contractor suffer injury or damage to its person or property because of any error, omission, or act of the other or of any of their employees or agents or others for whose acts they are legally liable, claim shall be made in writing to the other party within a reasonable time of the first observance of such injury or damage. WAIVER OF JURY TRIAL City and Contractor knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, lawsuit or counterclaim based upon the Contract Documents or the performance of the Work there under. 1.43.1 GOVERNING LAW The Contract shall be construed in accordance with and governed by the law of the State of Florida. 1.43.2 ~ Venue of any action to enforce the Contract Documents shall be in Miami-Dade County, Florida. 1.43.3 ARBITRATION It is the intention of the parties that whenever possible, if a dispute or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in accordance with the procedures, rules and regulations of the American Arbitration Association. The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration shall be held in Miami-Dade County, Florida. All costs of arbitration and attorneys' fees incurred by the parties shall be paid by the non- prevailing party or, if neither party prevails on the whole, each party shall be responsible for a portion of the costs of arbitration and their respective attorneys' fees as may be determined by the court on confirmation. 1.44 PROJECT RECORDS City shall have right to inspect and copy during regular business hours at City's expense, the books and records and accounts of Contractor which relate in any way to the Project, and to any claim for additional compensation made by Contractor, and to conduct an audit of the financial and accounting records of Contractor which relate to the Project. Contractor shall retain and make available to City all such books and records and accounts, financial or otherwise, which relate to the Project and to any claim for a period of three years following final completion of the Project. During the Project and the three year period following final completion of the Project, Contractor shall provide City access to its books and records upon five days written notice. 145 SEVERABILITY If any provision of the Contract or the application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of the Contract, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 1.46 INDEPENDENT CONTRACTOR The Contractor is an independent Contractor under the Contract. Services provided by the Contractor shall be by employees of the Contractor and subject to supervision by the Contractor, and not as officers, employees, or agents of the City. Personnel policies, END OF SECTION PAGE 11 OF 33 BID No. 11-10-01 tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures, applicable to services rendered under the Contract shall be those of the Contractor. Section 2 Special Terms and Conditions 2.1 PURPOSE OF PROPOSAL: The City of Sunny Isles Beach, Florida, (the "City'') a municipality located in Miami-Dade County, Florida, requests qualified Proposers ("Proposers'') to submit proposals for the design, fabrication, and installation of canopy structures to be installed at Heritage Park (19200 Collins Avenue, Sunny Isles Beach Florida) and Golden Shores Park (191 Terr. and Atlantic Blvd.). 2.2 PRE-PROPOSAL CONFERENCE: Intentionally Omitted 2.3 TERM This contract shall commence upon the date of the Notice to PROCEED and shall remain in effect until such time as the commodities, equipment and/or services acquired in conjunction with this Request for Proposal have been completed and accepted by the City's authorized representative and upon completion of the expressed and/or implied warranty periods. 2.4 OPTIONS TO RENEW Intentionally Omitted 2.5 PRICE If the proposer is awarded a contract under this solicitation, the prices proposed by the proposer shall remain fixed and firm during the term of contract and shall be inclusive of all necessary tasks and services to provide the City with a 100% acceptable product. 2.6 PERFORMANCE AND PAYMENT BOND The City of Sunny Isles Beach shall require the successful Proposer to furnish a Performance and Payment Bond in the amount of 100% of the total Proposal Price, with the City of Sunny Isles Beach as the Obligee, as security for the faithful performance of the Contract and for the payment of all persons performing labor or furnishing materials in connection herewith within ten (10) calendar days after notification of the award by the City. The bonds shall be with a surety company authorized to do business in the State of Florida. 2.7 BID BOND The City of Sunny Isles Beach shall require that every Proposer furnish a Bid Bond in the amount of 5% of the total Proposal Price. 2.8 DELIVERY Intentionally Omitted 2.9 INSURANCE Comprehensive General Liability with minimum limits of Two Million Dollars ($2,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. PAGE 12 OF 33 BID No. 11-10-01 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: o Premises and Operation o Independent Contractors o Products and/or Completed Operations Hazard o Broad Form Property Damaged o Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. o Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. Business Automobile Liability with minimum limits of One Million Dollars (1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: o Owned Vehicles; o Hired and Non-Owned Vehicles; o Employers' Non-Ownership. Before starting the Work, the Contractor will file and make sure that all certificates of insurance required by this document and by the Contract are in the City's possession. These certificates shall contain a provision that the coverage afforded under the policies will not be canceled or materially changed until at least thirty (30) days prior written notice has been given to the City Manager or his designee by certified mail. The City shall be named as an additional insured on the above-referenced policies. The Contractor agrees that if any part of the Work under the Contract is sublet, they will require the Sub-Contractor(s) to carry insurance as required, and that they will require the Sub-Contractor(s) to furnish to them insurance certificates similar to those required by the City in this section. 2.9.1 Cancellation and Re-Insurance: If any insurance should be canceled or changed by the insurance company or should any insurance expire during the period of this contract, the Contractor shall be responsible for securing other acceptable insurance to provide the coverage speCified in this section to maintain coverage during the life of this Contract. All deductibles must be declared by the Contractor and must be approved by the City. At the option of the City, either the Contractor shall eliminate or reduce such deductible or the Contractor shall procure a Bond, in a form satisfactory to the City, covering the same. 2.10 MONTHLY INVOICES PAYMENTS Cut-off date is the close of the business day of the 20th day of each month. Proposer shall submit by the 25th day of each month Contractor's completed Statement of Services/Invoice. Should the 25th fall on a weekend or holiday, Contractor shall submit his application on the next workday. Contractor is advised that processing of invoices must follow this schedule, as the Owner has funding requirements and other payment obligations which may prevent payment of PAGE 13 OF 33 BID No. 11-10-01 late Statement of Services for that month's billing cycle. A late Statement of Services with a recommendation for payment will be paid in the next month's billing cycle. The City shall process payment NO LATER THAN 20 business days of submission of proper documentation (not the date of the invoice). This is the date when the City representative acknowledges that the proposer has provided all necessary documentation to justify payment. Documentation shall include but shall not be limited to ORIGINAL partial and final releases of lien, Original Contractor's affidavit of partial and final releases of lien, an Original invoice on an acceptable form approved by the City representative (AlA forms are Required), and other documentation required by the City for processing of payment. All payments, excluding final payment, shall be reduced by a 10% retainage to be paid at close- out and final. This project requires that all payment include original releases of lien from all vendors. 2.11 LABOR. MATERIALS. AND EQUIPMENT SHALL BE SUPPLIED BY THE PROPOSER Unless otherwise provided in Section 3 of this solicitation the proposer shall furnish the following, including but not limited to, all labor, material, equipment, barricading, adequate supervision, and coordination for satisfactory contract performance. When not specifically identified in the technical specifications, such materials and equipment shall be of a suitable type and grade for the purpose. All material, workmanship, 100% design, testing and equipment shall be subject to the inspection and approval of the City's Project Manager. 2.12 CLEAN-UP All unusable materials and debris shall be removed from the premises at the end of each workday, and disposed of in an appropriate manner. Upon final completion, the proposer shall thoroughly clean up all areas where work has been involved as mutually agreed with the associated user department's project manager. 2.13 FEDERAL. STATE AND LOCAL REGULATIONS The successful Proposer shall comply with all federal, state and local ordinances, regulations, and rules as well as any other laws that would apply to the design and installation of the canopy structure at Heritage Park and Golden Shores Park. The proposer's costs associated with regulatory requirements shall be included in the project cost whether depicted specifically or not within the body of the proposal. 2.14 MATERIALS SHALL BE NEW AND WARRANTED AGAINST DEFECTS The proposer hereby acknowledges and agrees that all materials, except where recycled content is specifically requested, supplied by the proposer in conjunction with this solicitation and resultant contract shall be new, warranted for their merchantability, and fit for a particular purpose. In the event any of the materials supplied to the City by the proposer are found to be defective or do not conform to specifications: (1) the materials may be returned to the proposer at the proposer's expense and the contract cancelled or (2) the City may require the proposer to replace the materials at the proposer's expense. In the event that material is suspected by the City Representative of being reused or not new in original packaging, the material may be rejected. The Proposer shall remove such material and replace it at his/her cost and within the original schedule. No provisions or allotments for delays PAGE 14 OF 33 BID No. 11-10-01 or time extensions to the schedule as a result of "defective", unacceptable material, or reused material found shall be granted. 2.15 NOTIFICATION TO BEGIN WORK SHALL BE GIVEN THROUGH A NOTICE TO PROCEED: The proposer shall neither commence any work, nor enter a City work premise, until a written Notice to Proceed (NTP) directing the proposer to proceed with the work has been received by the proposer from any authorized City manager or his designee representative; provided- however, that such notification shall be superseded by any emergency work that may be required in accordance with provisions included elsewhere in this solicitation and resultant contract. 2.16 ACCIDENT PREVENTION AND BARRICADES Barricades, cones, construction fencing and temporary construction fencing, per City regulations and other relevant requirements, shall be provided by the proposer when work is performed in areas traversed by persons or when deemed necessary by the City Manager or his designee at no extra cost to the City. Temporary construction fencing (chain link - 6' high) is required by the City and such cost of placement shall be borne by the proposer for any work that requires demolition and/or requires the containment of equipment or material or protection of work and citizens. The fence shall be covered for dust control, shall have a windscreen, and/or a privacy screen as directed by the City at the proposers sole cost. Coordination with Coastal shall be necessary to ensure that work on both sides can proceed without delays. Proposer shall comply with regulations and permit requirements for the placement of the proper fencing. Precautions shall be exercised at all times for the protection of persons and property. All proposers performing services under this contract shall conform to all relevant OSHA, State and City regulations during the course of such effort. Any fines levied by the above mentioned authorities for failure to comply with these requirements shall be borne solely by the responsible proposer. 2.17 WARRANTY SHALL BE SUPPLIED IN WRITTEN FORM A. Type of Warranty Coverage Required The proposer shall provide a copy of its written warranty certificates with its initial offer, or upon request from the City. Failure to meet this requirement may result in the offer being deemed non-responsive. The warranty supplied by the proposer shall remain in force for the full period identified by the proposer; regardless of whether the proposer is under contract with the City at the time of defect. Any payment by the City on behalf of the goods or services received from the proposer does not constitute a waiver of these warranty provisions. Proposer's warranties shall be 1 year from final completion shall include all delivery, labor, material, and equipment for the correction, replacement, reinstallation, and/or removal of defective and/or unacceptable work. Warranties for specific components of the work shall be provided separately and on fabricators or manufacturers original letterhead with original signatures. B. Correcting Defects Covered Under Warranty The proposer shall be responSible for promptly correcting any deficiency, at no cost to the City, within seven (7) calendar days after the City notifies the proposer of such PAGE 15 OF 33 BID No. 11-10-01 deficiency in writing. If the proposer fails to satisfy the warranty within the period specified in the notice, the City may (a) place the proposer in default of its contract, and/or (b) procure the products or services from another source and charge the proposer for any additional costs that are incurred by the City for this work or items; either through a credit memorandum or through invoicing. 2.18 DEFICIENCIES IN WORK TO BE CORRECTED BY THE PROPOSER The proposer shall promptly correct all apparent and latent deficiencies and/or defects in work, and/or any work that fails to conform to the contract documents regardless of project completion status. All corrections shall be made within seven (7) calendar days after such rejected defects, deficiencies, and/or non-conformances are verbally reported to the proposer by the City's project administrator, who may confirm all such verbal reports in writing. The proposer shall bear ALL costs of correcting such rejected work. If the proposer fails to correct the work within the period specified, the City may, at its discretion, notify the proposer, in writing, that the proposer is subject to contractual default provisions if the corrections are not completed to the satisfaction of the City within seven (7) calendar days of receipt of the notice. If the proposer fails to correct the work within the period specified in the notice, the City shall place the proposer in default. 2.19 FURNISH AND INSTALL REOUIREMENTS The specifications and/or statement of work contained within this solicitation describe the various functions and classes of work required as necessary for the completion of the work. Any omissions of inherent technical functions or classes of work within the specifications and/or statement of work shall not relieve the proposer from furnishing, installing or performing such work where required to the satisfactory completion of the project. 2.20 LICENSES. PERMITS AND FEES The proposer shall obtain and pay for all licenses, permits and inspection fees required for this project; and shall comply with all laws, ordinances, regulations and building code requirements applicable to the work contemplated herein. Damages, penalties and or fines imposed on the City or the proposer for failure to obtain required licenses, permits or fines shall be borne by the proposer. 2.21 REPAIR/DAMAGE TO EXISTING STRUCTURES AND PARK AREA TO REMAIN The proposer shall ensure that all elements of the site required to remain in operation or remain in place are protected against damage during the performance of work. Proposer shall ensure that all of work remains intact and is protected during the course of the proposer's work. All coordination related to this item shall be the proposer's responsibility. Proposer is to maintain open lines of communication with coastal to ensure that all work is finalized adequately. The proposer shall coordinate with the City Manager or his designee. All costs associated with protection, coordination, repairs to damaged property, replacement of damaged property, and other costs shall be paid for by the Proposer. 2.22 L10UIDATED DAMAGES FOR INCOMPLETE PROJECTS Failure to complete the project in accordance with the specifications and to the satisfaction of the City within the time stated shall cause the vendor to be subject to charges for liquidated damages in the amount of $400.00 for each and every calendar day the work remains incomplete. As compensation due the City for loss of use and for additional costs incurred by the City due to such non-completion of the work, the City shall have the right to deduct the said PAGE 16 OF 33 BID No. 11-10-01 liquidated damages from any amount due, or that may become due to the vendor under this agreement, or to invoice the vendor for such damages if the costs incurred exceed the amount due to the vendor. 2.23 WEEKLY PROGRESS REPORTS The City shall require that the successful proposer provide weekly progress reports on the status of the project. The report shall include at the minimum the following information; . Background on the project itself . Discussion of the achievements since last reporting . Discussion of problems that have arisen . Discussion of work that lies ahead . Assessment of whether you will meet the objectives in the proposed schedule and budget END OF SECTION PAGE 17 OF 33 BID No. 11-10-01 Section 3 Scope of Services I Technical Specifications 3.1 SCOPE OF SERVICES The City of Sunny Isles Beach, Florida, (the "City") a municipality located in Miami-Dade County, Florida, requests qualified Proposers ("Proposers") to submit proposals for the design, permitting, fabrication, and installation of canopy structures to be located at the following parks over the existing non-covered playground areas: 1. Heritage Park Stage 19200 Collins Avenue (see attachment) 2. Golden Shores Park 191 Terr. and Atlantic Blvd. (see attachment) NOTE: Failure by the Proposer to incorporate sufficient information in the conceptual drawings, plans, documentation, and drawing notes does not preclude the Proposer from being responsible for providing a 100% complete project acceptable to the City of Sunny Isles Beach. Given some of the complexities and differences between the two projects, the proposals shall be divided into two projects as each park shall be approved conceptually, designed, permitted, and scheduled separate from each other. This shall ensure that regardless of one, the other can be completed without being dependent on the other. Two crews may be necessary to ensure that the less complex project is completed ahead of the more complex project. Proposer shall provide all labor, material, equipment, coordination, supervision, designs, and any other service/task that would enable the proposer to provide a 100% approved turn-key project related to the design, fabrication, and installation of an acceptable canopy structure at the Heritage Park playground and the Golden Shores Park playground. In addition to other items listed within this RFP, the services requested from the Proposer for each playground canopy shall include, but shall not be limited to, the following sections: 3.2 COORDINATION Coordination with other vendors, sub-consultants, sub-contractors, suppliers, material men, City staff, maintenance personnel, and others to ensure that the project is completed in a satisfactory manner acceptable to the City. 3.3 CONCEPTUAL DRAWINGS/RENDERINGS Preparation of complete conceptual drawings/renderings. One for each park location. These rendering shall be discussed with City staff. Any modifications requested by the City shall be incorporated into a new rendering at the cost of the proposer. A written approval for the conceptual drawing for either park is required prior to the commencement of the design process. o i\t the tlllJ~_oLpLQP.c>.S..aJ' proposer MUST submit a sketch or simple rendering of what is proposed. A listing of all the beneficial elements related to the proposal must be clearly defined for consideration. Failure to provide sufficient data, information, descriptions, and/or material may result in proposal rejection. Once an agreement has been executed with the successful proposer, such rendering, submitted at the time of the Proposal, shall be modified and revised as necessary to reflect the desires of the City. Such modifications shall be provided by the Proposer at no extra cost to the City. 3.4 SURVEYS PAGE 18 OF 33 BID No. 11-10-01 The City requires that the Proposer prepare surveys for the two sites necessary to obtain permits. Surveys shall be inclusive of underground lines verified in the field by the proposer. No adjustment in costs shall be provided to the proposer in the event of conflicts with underground lines not verified in advance and/or overlooked. 3.5 CONSTRUCTION SCHEDULE Preparation of a construction schedule for each park location. The construction schedule shall be provided in calendar days (NOT WORK DAYS). Schedule shall include but shall not be limited to the time for conceptual drawing approval, time for a 3 phase design development (30%- 50%(dry-run)-90%), permit process with ALL agencies having jurisdiction, prefabrication, installation, finalization, and closeout. 3.6 SCHEDULE OF VALUES A complete schedule of values must be provided at the time an notice to proceed (NTP) is issued. 3.7 DRAWINGS Preparation of 100% design and calculation for a complete assembly that is acceptable to the City and permissible by all agencies having jurisdiction. Design must be in full compliance with all pertinent Florida Building Codes, federal, state, and municipal regulations, as well as municipal ordinances that are applicable for the intended construction type. 3.8 PERMITS Proposer is responsible for applying for and obtaining all permits and paying for all permit fees (excluding City of Sunny Isles Beach fees). Any documentation necessary to obtain permits as required by the agencies having jurisdiction shall be obtained at the sole cost of the Proposer. The City of Sunny Isles Beach does not provide any documentation for permitting. 3.9 DESIGN CONSIDERATIONS and PHASED SUBMISSION: Design/Plans must include sufficient notations as required by the City to ensure a complete design. The intent of such notations shall be considered by the Proposer and all work, time, material, and labor necessary to accommodate such notations shall be included by the Proposer in the proposal at the time of submission. Unless specifically stated, these notations apply to both playground areas. The notations and/or the intent of the notations should cover the following areas: . Depiction of extent of demolition and removal of structures must be provided for. . Depiction of limits of staging area and notes to secure other areas adjacent to the project area. . Provisions for protecting areas to remain and repairing damaged areas immediately. . The playground area has "safety buffers" that must remain free and clear of any permanent features such as poles, columns, others. These safety buffers are to allow safe usage of the playground equipment. The safety buffers are provided by Rep Services for each piece of playground equipment installed. Proposer must coordinate safety buffer with the final layout of the columns that will hold the shades. Columns MUST be placed outside of any safety zone. PAGE 19 OF 33 BID No. 11-10-01 - . Provisions for removing/securing existing playground elements. Playground equipment provide through Rep Services Inc. . Provisions for removing/replacing rubber playground surface in a manner acceptable to the City. Playground surface provided by Rep Services Inc. . Provisions requiring the locating of existing underground lines, cable, conduit, etc...that may be impacted during construction. Contact Electrical provided by Southeastern Electric. . Provisions to secure and/or repair/replace underground sanitary discharge lines that may be impacted during construction. Contact Olympia Plumbers. . Provisions to secure drainage lines that may be impacted during construction. Contact Dade Contracting Inc. . Provisions for the repair and/or protection of the existing coquina bands and pavers impacted by the project. Contact Dade Contracting Inc.jBarreiro Concrete/US Brick and Pavers. . Provisions for the repair and/or protection of the existing irrigation lines. . Depiction of the canopy assembly information including type of material that will withstand the type of environment that exists in the City being adjacent to the bay and the beaches. . Provisions in sufficient detail providing for a secure location. Proposer must ensure that the area is secure by the placement of temporary fencing with dust control around the entire Heritage Park playground area and Golden Shores Park. . Provisions in sufficient detail providing for replacement of all sub-bases and bases with limerock. "Suitable" fill will not be allowable in any application. All fill must be FDOT grade limerock with no stones greater than 3" in diameter. Densities and proctors must be paid for by the Proposer and must be filled with the City to ensure compliance with 98% compaction (Modified Proctor). Extent of excavation and removal of fill must be proVided for in the plans. . Finish notation shall be complete and accurate to meet the needs and demands of the City. It is anticipated that the Proposer will meet with City staff to formalize and finalize the proposed design. Other elements to consider: . Corrosion resistant structure, supports, and connections . Ease of removal of fabric . Design shall complement the area and not detract from the final Heritage Park design or the Golden Shores Park. . The proposal shall have sufficient information so that the City staff can comprehend what is entailed in the design. 3.10 HeritaGe Park Considerations for design should include, but shall not be limited to the following: . Type and size of footings and impact to the existing playground surface, playground equipment, concrete surfaces, underground utilities, landscaping, irrigation. . Replacement of rubber play surface with similar surface of colors to be selected by the City. The proposed surface material and chemical binder shall allow the true color of the selected surface color to come through immediately. Proposer shall consider contacting Rep. Services for additional information on "ambering" and the best application which does not require the material to "amber". PAGE 20 OF 33 BID No. 11-10-01 . All metal structures shall be designed to ensure longevity and low maintenance. Material shall be shop fabricated and with electrostatic paint applied. No field welds will be allowed unless authorized in writing by the City. . All connectors and washers shall be stainless steel. . A full site assessment for underground utilities shall be provided by the Proposer to ensure that when excavation occurs and footing pours are conducted that all elements related to underground lines have been resolved, relocated, and revised as necessary and at the cost of the Proposer. The required time shall be included in the construction schedule as a task to be performed and concluded prior to commencement of design. . Overall height of the canopy shall be such that it allows for easy access for removal and placement. . It is requested that consideration be given to a "sail" type system with a canvass which is NOT water-proof but with at minimum a 10-year warranty, which is mold and mildew resistant. . The entire assembly shall be WARRANTED for 1 year by the Proposer including repairs to assemblies, connectors, welds, canvass, canvass cable system, play surface installed, and any other assembly as required and intended under this RFP. . Include a construction fence around the entire playground area during excavation and assembly. The construction fence shall have necessary dust control and shall be inspected every day to ensure that it remains in an adequate condition. . All material associated with the assembly must be suited for the ocean-side environment of the City. All support fabrication must be shop primed and powder-coated or better. No fabrication will be allowed in the field. Shop Drawings and submittals must be provided and approved by the City prior to fabrication. 3.11 Golden Shores Park Considerations for design should include, but shall not be limited to the following: . Canvas and assembly shall be similar in color and size to the adjacent canopy structure. . Support structure must be located in such a way that there is no impact to the rubber safety surface provide by Vitriturf Inc. through Rep Services. . Brick pavers, limerock base and subbase, must be replaced as required and grass must be replaced level, with no gaps and in such a way that will allow it to grow properly. 3.12 DESIGN PHASES . Phase 1 - conceptual phase. A more comprehensive rendering (POST SUBMISSION) of what is proposed is required prior to formalization of a design. The City representative shall approve the rendering. Proposer shall reply to all comments and make adjustments to the design as necessary to accommodate the City's requests at no extra charge. . Phase 2 - 30% and 50% drawings - the 30% drawing submittal shall be submitted to the City to ensure compliance with all comments. Approval of 50% drawings is necessary at which time a dry-run review shall be requested by the Proposer. . Phase 3 - 90% drawings - 90% drawings will be submitted by the proposer as a dry run review to the City for final City comments prior to submitting to permitting agencies. 3.13 FIELD VERIFICATION Proposer must perform all necessary field verifications to ensure that all aspects of existing elements are CLEARLY understood. Proposer must design the canopy based on field information. Attached to the RFP is a copy of some site layouts and structure information for both parks; however, it is the responsibility of the vendor to understand the field conditions (both surface PAGE 21 OF 33 BID No. 11-10-01 and subsurface conditions) and limitations in which the work is required. No additional compensation shall be provided to the vendor for field conditions not understood and/or observed. . Proposer will be required to protect the entire work area and restore the entire area where damage to property occurs. Coordination with previous contractors may be necessary. List attached. . Proposer must take into consideration the location of all underground utilities prior to designing and construction of the foundations of the structures. . Proposer must protect and completely fence and provide dust control on the fencing during the course of work and during the entire duration of the project. Proposer will not be allowed to close any roadways or drive accesses. . Field verification is required for surface and subsurface lines and shall be part of the proposers cost associated with the design development. . Soil conditions (geotechnical report) shall be verified by the proposer to ensure an adequate design. The City does not have a geotechnical report for soil classification or load bearing capacity at either location. 3.14 TIMES All work shall be taking place during allowable times. All work area controls and protection as necessary (whether necessary or observed to be needed by the City at any time during the project) will be at the cost of the proposer. 3.15 CONSTRUCTION VEHICLES Proposer shall ensure that construction vehicles that have leaks do not remain on any of the paver areas. If necessary, proposer shall ensure that the paver driveways and other paver areas are protected from oil spills and or other vehicular fluids. 3.16 SPECIAL INSPECTIONS/TESTS Proposer shall include the cost for special inspections and tests as required by the building department as part of permitting and project completion. These shall include but not be limited to concrete densities, soil tests, structural support connections, and footings. All inspections and reports shall be provided with original seals and back-up documentation as necessary for filing at the building department. 3.17 100% TURN KEY This project is a 100% turn-key project.:. 3.18 PAYMENTS This project requires that all payment include original releases of lien from all vendors. 3.19 SUBMITTALS Provide a copy of all submittals for all elements that require a color selection, material selection, connector selection, and others as necessary to proVide Quality Control and Assurance for the City. 3.20 SUBS LISTS PAGE 22 OF 33 BID No. 11-10-01 LIST of ALL Sub vendors, Sub consultants, material men, and suppliers that may be used by the Proposer MUST be provided for the City's approval or rejection at the time of PROPOSAL SUBMISSION. The Proposer shall hold prices as stated in the proposal regardless of any requested modification provided by the City. 3.21 PROPOSER'S RESPONSIBILITIES The successful Proposer shall provide/obtain all necessary signed and sealed documentation, signed and sealed drawings, concept drawings, schematics, calculations, permitting documentation, permit applications and permits from all AHJ's, and information necessary to design, construct, fabricate, and install the intended canopy structures and leave the site in good condition acceptable to the City. Proposer shall design the canopy and the complete support structure with industrial grade material (all metal fabrication, must be primed and powder coated in the shop) to withstand the weathering due to the proximity of the structure to the ocean and the exposure to UV rays. Furthermore, it is intended that the entire assembly shall compliment the architecture of the existing surrounding facilities and park area. The entire assembly, structure and composition of the canopy and structural elements and attachments must comply with the latest version of the Florida Building Code and federal, state and local regulations. Prior to fabrication and/or installation, the successful Proposer shall meet with the city staff to ensure that the proposed canopy designs and installation methods are acceptable. The successful Proposer must obtain and pay for all necessary permits. ONLY City fees will be waived. At the time of construction/installation, successful Proposer must proVide all material, labor, equipment, safety measures, and protective devices/control measures to ensure that the project is successfully implemented, executed, and approved by the City of Sunny Isles Beach. END OF SECTON PAGE 23 OF 33 BID No. 11-10-01 Section 4 Evaluation Process 4.1 REVIEW OF PROPOSALS FOR RESPONSIVENESS Each proposal will be reviewed to determine if the proposal is responsive to the submission requirements outlined in the solicitation. A responsive proposal is one which follows the requirements of this solicitation that includes all documentation, is submitted in the format outlined in this solicitation, is of timely submission, and has the appropriate signatures as required on each document. Failure to comply with these requirements may result in the proposal being deemed non-responsive. The contract will be awarded to the lowest responsible and responsive proposer whose proposal best serves the interest of and represents the best value to the City in conformity with section 62-8 of the City code. 4.2 OUALlFICATlONS Proposals shall include the following: Technical Oualifications 1. Proposer's relevant experience, qualifications and past performance. 2. Relevant experience and qualifications of key personnel. 3. Proposers approach methodology to providing the services requested in this solicitation. 4. Proposed solution functionality, implementation, other objectives and requirements as stated Price 5. Proposer's price to the City. 4.2.1 ADDmONAL INFORMATION In order to be considered, Proposers shall provide sufficient information as part of their proposal submission (submission shall not be limited to the information below). All requested documentation and/or information shall be provided in the Proposal. Proposers failing to provide sufficient documentation detailing their qualifications, experience, and extent and implications of proposal shall not be considered. . Copy of State of Florida Certified General Contractor license. . Provide company proof of relevant experience. . Proof of 10 years of experience in the construction/installation of canopies in South Florida and area similar to Sunny Isles Beach. . Provide information on the canopy designer of record. . Provide information on the electrical designer of record. . Proof of authorization to transact business in Florida from the Florida Secretary of State, from the prime as well as any supporting firm(s). . Provide copies of all licenses and certifications of the Proposer. 4.3 Neqotiations PAGE 24 OF 33 BID No. 11-10-01 PAGE 25 OF 33 BID No. 11-10-01 The City may award a contract on the basis of initial offers received, without discussions. Therefore, each initial offer should contain the Proposer's best terms from a monetary and technical standpoint. Notwithstanding the foregoing, if the City and said Proposer(s) cannot reach agreement on a contract, the City reserves the right to terminate negotiations and may, at the City Manager's or his designee's discretion, begin negotiations with the next lowest responsible and responsive proposer. This process may continue until a contact acceptable to the City has been executed or all proposals are rejected. No Proposer shall have any rights against the City arising from such negotiations or termination thereof. Any Proposer recommended for negotiations may be required to provide to the City: a) Its most recent certified business financial statements as of a date not earlier than the end of the Proposer's preceding official tax accounting period, together with a statement in writing, signed by a duly authorized representative, stating that the present financial condition is materially the same as that shown on the balance sheet and income statement submitted, or with an explanation for material change in the financial condition. A copy of the most recent business income tax return will be accepted if certified financial statements are unavailable. b) Information concerning any prior or pending litigation, either civil or criminal, involving a governmental agency or which may affect the performance of services to be rendered herein, in which the Proposer, any of its employees or subcontractors is or has been involved within the last three years. END OF SECTON Section 5 Proposal Format 5.0 FORMAT Proposers must submit (1) original and four (4) copies of the Proposal. The original Proposal must contain an original signature. Be sure that the individual signing the Proposal is authorized to commit the Proposer's organization to the Proposal as submitted. Each page of the Proposal should state the name of the Proposer, the RFP number, and the page number. The City reserves the right to request additional data or material to support Proposals. All material submitted in response to the RFP will become the property of the City. LABEL EACH SECTION AS NUMBERED The proposal must be in the following format. 1. Company Information · In response to this Proposal, all Proposers must provide the following: · Name of Agency/Company (including any "Doing Business As" names) · Company Locations · Internet Web Site Address (if any) · Details of Entity Business Structure (Corporation, Partnership, LLC) · Date Founded · Home office address and telephone number, and local address and phone number · List of any outstanding litigation that would threaten the viability of the firm or the performance of this contract · Proof of insurance · Indication of how long it would take to implement service after authorized to begin 2. Qualifications Proposer's relevant experience, qualifications and past performance · An explanation of why the Proposer is the best qualified to perform the contract and demonstrate its qualifications including an item-by-item disclosure outlining how the firm meets or exceeds the requirements of this RFP. · A schedule of proposed services. The schedule should include the Proposer's understanding of the issues and tasks of the project at hand. . Copy of State of Florida Certified General Contractor license. . Provide company proof of relevant experience. . Proof of 10 years of experience in the construction/installation of canopies in South Florida and area similar to Sunny Isles Beach. . Provide information on the canopy designer of record. . Provide information on the electrical designer of record. . Proof of authorization to transact business in Florida from the Florida Secretary of State, from the prime as well as any supporting firm(s). . Provide copies of all licenses and certifications of the Proposer. 3. Staffing Relevant experience and qualifications of key personnel, including key personnel of subcontractors, that will be assigned to this project and experience and qualifications of subcontractors · The size and experience of the company staff pool from which staff assigned to the management contract can be drawn. PAGE 26 OF 33 BID No. 11-10-01 . The composition of the staff team should include. . The names of the employees in the area responsible for this contract . Their function in the company. . The name of the person who will be responsible for the coordination of work. 4. Approach / Methodology Proposers approach methodology to providing the services requested in this solicitation . Suitability of the methodologies and approaches used in achieving tasks · Overall organization to completing the project · Ability to meet desired timelines and deadlines 5. Price Proposal . Each firm shall submit in their proposal a detailed cost proposal which shall include all costs associated with the services described in this RFP. 6. References Each Proposer must submit a list of three (3) references of Current and Past Customers of which they have provided services similar in scope and size of those described herein. . Each Reference must be supplied on Clients Letterhead . Each Reference letter must me signed with contact person and phone number. The City retains the right to request any additional information pertaining to the Proposer's ability, qualifications, and procedures used to accomplish all work under the contract as it deems necessary to ensure safe and satisfactory work. 7. Project Information: . Provide a schedule and work plan to complete the Services requested as part of this RFP. . Provide a rendering of the proposed design. Proposer MUST submit a sketch or simple rendering of what is proposed. A listing of all the beneficial elements related to the proposal must be clearly defined for consideration. Failure to provide sufficient data, information, descriptions, and/or material may result in proposal rejection. Once an agreement has been executed with the successful proposer, such rendering, submitted at the time of the Proposal, shall be modified and revised as necessary to reflect the desires of the City. Such modifications shall be provided by the Proposer at no extra cost to the City. . Provide sufficient information on the type of material proposed and the type of connections. . Provide the type of services from third party vendors that will be sought to fulfill the terms of the RFP. . LIST of ALL Sub vendors, Sub consultants, material men, and suppliers that may be used by the Proposer MUST be provided for the City's approval or rejection at the time of PROPOSAL SUBMISSION. The Proposer shall hold prices as stated in the proposal regardless of any requested modification provided by the City. 8. Contract Forms All completed contract forms PAGE 27 OF 33 BID No. 11-10-01 END OF SECTION PAGE 28 OF 33 BID No. 11-10-01 DELIVER TO: City of Sunny Isles Beach City Clerk 18070 Collins Avenue Sunny Isles Beach, FL 33160 Request for Proposal SECTION 6 BID SUBMITTAL FORMS OPENING: 10:00 A.M. 11/07/2011 PLEASE QUOTE PRICES F.O.B. DESTINATION, LESS TAXES, DELIVERED IN CITY OF SUNNY ISLES BEACH, FLORIDA NOTE: City of Sunny Isles Beach is exempt from all taxes (Federal, State and Local). Bid price should be less all taxes. Tax Exemption Certificate shall be furnished upon request. Issued by: Purchasing Agent Date Issued: 10/14/2011 This Bid Submittal Consists of Pages 29 through 32 Sealed bids are subject to the Terms and Conditions of this Invitation to Bid and the accompanying Bid Submittal. Such other contract provisions, specifications, drawings or other data are attached or incorporated by reference in the Bid Submittal will be received at the office of the City Clerk at the address shown above until the above stated time and date, and at that time, publicly opened for furnishing the supplies or services described in the accompanying Bid Submittal Requirement. RFP 11-10-01 DESIGN AND CONSTRUCTION OF CANOPY STRUCTURES AT HERITAGE PARK AND GOLDEN SHORES PARK A Bid Deposit in the amount of 5% of the total amount of the bid shall accompany all bids. A Performance and Payment Bond in the amount of 100% of the total amount of the bid will be required upon execution of the contract by the successful bidder and The City of Sunny Isles Beach. Procurement Aaent: Marcanthony Tulloch Firm Name: Commodity CodeCs): RETURN ONE ORIGINAL AND FOUR COPIES OF BID SUBMITTAL PAGES AND AFFIDAVITS FAILURE TO SIGN PAGE 32 OF SECTION 6 BID SUBMITTAL WILL RENDER YOUR BID NON- RESPONSIVE PAGE 29 OF 33 BID No. 11-10-01 SECTION 6 BID SUBMITTAL FOR: ACKNOWLEDGEMENT OF ADDENDA INSTRUCTIONS: COMPLETE PART lOR PART II, WHICHEVER APPLIES PART I: LISTED BELOW ARE THE DATES OF ISSUE FOR EACH ADDENDUM RECEIVED IN CONNECTION WITH THIS BID; Addendum #1, Dated Addendum #2, Dated Addendum #3, Dated Addendum #4, Dated Addendum #5, Dated Addendum #6, Dated Addendum #7, Dated Addendum #8, Dated PART II: o NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID FIRM NAME: AUTHORIZED SIGNATURE: DATE: TITLE OF OFFICER: PAGE 30 OF 33 BID No. 11-10-01 BID SUBMITTAL FORM Bid Title: DESIGN AND CONSTRUCTION OF CANOPY STRUCTURES AT HERITAGE PARK AND GOLDEN SHORES PARK The undersigned Proposers proposes and agrees, if this Bid is accepted, to enter into an agreement with The City of Sunny Isles Beach (in the form included in the contract documents) to perform and furnish all work as specified or indicated in the contract documents for the contract price and within the contract time indicated in this bid and in accordance with the other terms and conditions of the contract documents. The Proposer( s) accepts all of the terms and conditions of the advertisement or request for proposals and Instructions to Proposers, including without limitation those dealing with the disposition of bid Security. This bid will remain subject to acceptance for 90 days after the day of Bid opening. The Proposers agrees to sign and submit the agreement with the bonds and other documents required by the bidding requirements within ten days after the date of the City's notice of award. In submitting this Bid, the Proposer represents, as more fully set forth in the agreement, that: · The Proposer has familiarized himself/herself with the nature and extent of the contract documents, locality, all local conditions and Law and Regulations that in any manner may affect cost, progress, performance or furnishing of the work. · This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; the Proposer has not directly or indirectly induced or solicited any other Proposers to submit a false or sham bid; the Proposer has not solicited or induced any person, firm or corporation to refrain from bidding; and Proposer has not sought by collusion to obtain for itself any advantage over any other Proposers or over the City. FIRM NAME: Street Address: Mailing Address (if different): Telephone No. Fax No. Email Address: FEI N No. ---1_----1---1---1---1---1---1_ * "By SIGNING THIS DOCUMENT THE BIDDER AGREES TO ALL TERMS PAGE 31 OF 33 BID No. SIGNATURE: (SIGNATURE OF AUTHORIZED AGENT) PRINT NAME: TmE: THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF PROPOSER TO BE BOUND BY THE TERMS OF ITS PROPOSAL. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED ABOVE BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE PROPOSAL NON-RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY PROPOSAL THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE PROPOSER TO THE TERMS OF ITS OFFER. PAGE 32 OF 33 BID No. AFFIDA VITS PAGE 33 OF 33 BID NO.