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HomeMy WebLinkAboutSpecifications Design, Permitting, Fabrication, and Installation of an Aluminum Security Barrier at Heritage Parking Garage Top Floor PROPOSAL SPECIFICATIONS Request for Proposal No. 11-10-02 Mandatory Site Visit: 10/27/2011 at 10:00 AM Proposal Due and Proposal Opening Date: 11/09/2011 at 10:00 AM Sunny Isles Beach Government Center 18010 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 (Mandatory) Plans must be picked up at City Clerks Office Sunny Isles Beach 18070 Collins Ave 4th Floor Sunny Isles Beach, FL 33160 PAGE 2 OF 28 BID No. 11-01-01 Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Page 2 Page 3 Page 4 Page 12 Page 15 Page 20 Page 22 Page 24 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, Permitting, Fabrication, and Installation of an Aluminum Security Barrier at Heritage Parking Garage Top Floor Request for Proposal No. 11-10-02 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 Wednesday, 11/09/2011 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. 11-10-02 Design, Permitting, Fabrication, and Installation of an Aluminum Security Barrier at Heritage Parking Garage Top Floor OPENING DATE AND TIME: Wednesday, 11/09/2011 at 10:00 AM A Mandatory Site Visit for all potential Proposers is set for 10:00 a.m. on 10/27/2011 in the First Floor of the Heritage Park Parking Garage located at 19250 Collins Avenue, Sunny Isles Beach, Florida 33160. 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. 11-10-02 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@lsibfl.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 28 BID No. 11-01-01 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(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. 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 infonmation 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 infonmation 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 Demand5tar. 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 !!@YJ]Qt 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, sub-Contractor, 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 28 BID NO. 11-01-01 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 fonm 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 Fonms: 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 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. 1.13 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. 1.14 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. 1.lS 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 infonmation 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 28 BID No. 11-01-01 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. TI1ese 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 CERTIFICATE(S) 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 Florida. 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 sha II 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 perfonmance 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 States 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 HARMLESSIINDEMNIFICATION 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 perfonmance of services pursuant to this Bid and / or from any procurement decision of the City including without limitation, 1.20 1.21 1.22 1.23 awarding the Contract to the Centractor. 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 Centractor being found in default. City: Contract Documents: 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 Centractor responsible for any excess costs occasioned or incunred thereby. 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. DEFINmONS Contract Price: Wherever used in these General Conditions or in the other Contract Oocuments, the following terms shall have the meaning indicated which shall be applicable to both the singular and plural thereof: Contract Time: 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 Centractor 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. Day: Field Order: 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 perfonmed . Modification: Proposers: Any person, firm or corporation submitting a Bid for Work. Bonds: Bid, performance bond and other instruments of security, furnished by the Centractor 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 28 BID No. 11-01-01 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 Cenditions, 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 Centract 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 28 BID NO. 11-01-01 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 direcl contract with Contractor or w~h any other Sub- Contractor for the perfonmance 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 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 tenm "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 finm 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. 1.24 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 perfonms 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 w~h 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 public works and Waste Management 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). 1.2S FORFEITURE OF BID SECURITY. PERFORMANCE BOND (IF APPLICABLE) Within ten (to) 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 1.26 Performance Bond herein). The Performance Bond shall be in the 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 Sub-Contractors 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 2S5.05(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 The Contract Time will commence to run on the date stated in the Notice to Proceed. 1.28 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. 1.29 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. 1.30 PRE-START MEETING Within five (5) days after delivery of the executed Agreement by PAGE 8 OF 28 BID NO. 11-01-01 City to Contractor, but before starting the Work at the site, a Pre- 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 Sub-Contractor 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 Sub-Contractors 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 Sub-Contractor 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 required by law. City may furnish to any Sub-Contractor or other person or 1.34 organization, to the extent practicable, evidence of 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 Sub-Contractors or delineating the Work perfonmed by any specific trade. 1.33.4 The Contractor agrees to bind specifically every Sub- Contractor to the applicable tenms and conditions of the Contract Documents for the benefit of the City. 1.33.5 All Work performed for the Contractor by a Sub- Contractor shall be pursuant to an appropriate agreement between the Contractor and the Sub- Contractor. 1.33.6 The Contractor shall be responsible for the coordination of the trades, Sub-Contractors 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 Sub-Contractors 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 Sub- Contractors. 1.33.6.3 If in the opinion of the City, any Sub- 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 perfonms 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. 1.35 ~ 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. 1.36 DUTY TO DEFEND. INDEMNIFY AND SAVE HARMLESS In consideration of the separate sum of twenty-five dollars ($25.00) and other valuable consideration, the Contractor shall defend, indemnify and save hanmless 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 Sub-Contractor, agents, servants or employees. T11e 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 PAGE 9 OF 28 BID No. 11-01-01 arising out of or resulting from the performance of the Work, 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.S. 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.5., which statutory provisions shall be deemed to be incorporated herein by reference as if fully set forth herein. In the event that any action or proceeding is brought against City by reason of any such claim or demand, 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 perfonmed by Contractor, its Sub-Contractors, 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 alteration 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 adjusted accordingly. The Contractor will furnish proof of such an adjustment to the City. 1.40 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. 1.41 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 Sub-Contractors 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 tenmination 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 shall have the right to keep one record set of the Contract Documents upon completion of the Project. PAGE 10 OF 28 BID No. 11-01-01 1.43 1.42.3 The duties and obligations imposed by these General 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 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 confinmation. 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 sha II be by employees of the Contractor and subject to supervision by the Contractor, and not END OF SECTION PAGE 11 OF 28 BID No. 11-01-01 as officers, employees, or agents of the City. Personnel policies, 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 to submit proposals for Design, Permitting, Fabrication, and Installation of an Aluminum Security Barrier at Heritage Parking Garage Top Floor as provided for in the contract documents. 2.2 MANDATORY SITE VISIT: A Mandatory Site Visit will be held at (10/27/2011) on the first floor of the Heritage Park Parking Garage Located at 19250 Collins Avenue Sunny Isles Beach, FL 33160; discuss the special conditions and specifications included within this solicitation. Proposers are requested to bring this solicitation document to the conference, as additional copies will not be available. 2.3 TERM This contract will commence on issuance of notice to proceed from the City Manager, or designee, unless otherwise stipulated in the Notice of Award letter, which is distributed by the City's Purchasing Agent; and contingent upon the completion and submittal of all required proposal documents. 2.4 OPTIONS TO RENEW Prior to, or upon completion, of that initial term, the City shall have the option at its sole discretion to renew this contract for an additional four (4) one year renewals. 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. 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. PAGE 12 OF 28 BID No. 11-01-01 2.9 INSURANCE Comprehensive General Liability with minimum limits of two 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 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 Damages 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 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 PAGE 13 OF 28 BID No. 11-01-01 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, The 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 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 acceptable), and other documentation required by the City for processing of payment. 2.11 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 proposed project. Such proposer costs associated with regulatory requirements shall be included in the project cost whether depicted specifically or not within the body of the proposal. 2.12 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 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. 2.13 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 $300 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 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. END OF SECTION PAGE 14 OF 28 BID No. 11-01-01 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 a security fence/barrier at the heritage Park Parking garage located at the NW corner of the Lehman Causeway and Collins Avenue (i.e. 19200 Collins Avenue). The location for the fence/barrier will be the upper floors of the lJarking garage that exhibits a cantilever beyond the parking garage structural columns/supports (see attadjijjen~). Proposers will be provided the plans for the parking garage for their use in providing a complete proposal. 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 fence/barrier where required to provide adequate access controls. 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. In addition to other items listed within this RFP, the services requested from the Proposer for this project shall include, but shall not be limited to, the following: 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. Additionally, the proposer shall coordinate with the Ramada Valet Parking Contractor who currently has control over all the floors above the second floor of the garage. proposer shall consider that the City is desirous to maintain the parking garage open at all times. 3.3 CONCEPTUAL DRAWINGS/RENDERINGS At the time of proposal submission, proposer MUST submit a detailed sketch or detailed 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. Preparation of a complete conceptual drawings/renderings is required. Any modifications requested by the City shall be incorporated into a new rendering at the cost of the proposer (including cost for implementation at the construction level). A written approval for the conceptual drawing for either park is required prior to the commencement of the design process. 3.4 SURVEYS If required by the Agency Having Jurisdiction (AHJ), the proposer shall provide a complete survey of the location at no extra cost to the City. Including but not limited to a boundary survey, location of the parking garage structure and other topographic elements necessary to ensure that the AHJ understands PAGE 15 OF 28 BID No. 11-01-01 and accepts the information. The City requires that all submissions of survey be provided in an electronic format acceptable to the City. 3.5 CONSTRUCTION SCHEDULE Proposer shall consider as part of their submission and proposal that the City is desirous to maintain the parking garage open at ALL times. Any design proposed shall consider selective demolition, limited (but adequate) safety controls, and a construction schedule that will be reviewed in detail which will need to conform to City requirements. At the time of proposal submittal, Proposer shall submit a construction schedule that at a minimum depicts the following tasks: 1. Field meeting/Coordination with City staff 2. Conceptual design preparation and approval 3. Design meetings and finalization 4. 30% design phase submittal 5. 50% design phase submittal 6. 90% (Dry-run submittal to the City) design phase submittal 7. Shop drawing/submittals review/approval/comments 8. Permitting at all Agency Having Jurisdiction" (AHJ). 9. Prefabrication 10. Mobilization (Remobilization as necessary) 11. Barricading/Construction fencing as per City requirements 12. Site subsurface investigation/Structural investigations 13. Repairs after subsurface investigation/Structural Investigations 14. Connections 15. Structural elements installation 16. Site repairs 17. Inspections 18. Product 0 and M (Operation and Maintenance manuals) Submittals/Review 19. Project Close-out/Completion (Final) The construction schedule shall be provided in calendar days (NOT WORK DAYS). Submission of a tentative schedule shall be provided at the time of Proposal submission. A final version shall be contingent on the needs of the City and shall be approved in writing by the City prior to the issuance of an NTP. 3.6 SCHEDULE OF VALUES A complete schedule of values must be provided at the time an NTP is issued. Schedule of Values shall be reviewed and approved in writing by the City. 3.7 DRAWINGS Preparation of 100% designs, specifications, and calculations 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. 3.8 PERMITS PAGE 16 OF 28 BID No. 11-01-01 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. Proposer will be required to protect the entire work area and restore the entire area where damage to property occurs. Construction fencing is required to be placed for the entire length of the project. Extent of fencing will be contingent on scheduling of work, location of work, extent of work, and demolition schedules reviewed and approved by the City. 3.9 DESIGN CONSIDERATIONS and PHASED SUBMISSION: Design/Plans must include sufficient notations as required by the City to ensure a complete permissible design, proper fabrication, and acceptable installation. 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. The notations and/or the intent of the notations should cover the following areas: . Drawings shall include the extent of demolition (phasing) and removal of structures must be provided for. . Drawing shall depict the 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. . Provisions requiring the location of structural strands cables and others to ensure they are not impacted by construction or installation methods. . Provisions in sufficient detail providing for a secure location. Proposer must ensure that the area is secure and that FALLING DEBRIS is contained to the garage. Proposer shall be mindful that the park will still be used by the public and shall make every effort to control falling debris by placing safety netting or other similar assembly in a strategic location to ensure debris can be contained on the upper floor. . 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: . Fencing and/or Barriers must be metal (aluminum). Connections must be 100% stainless steel. All fabrication must be shop welded, primed, and painted in a manner which is considered the best in the industry (i.e. electrostatic). . The garage is constructed with prestressed and precast structural components/elements and as such the Proposer shall not reduce, cause to reduce or diminish in any way the structural capacity of any parking garage structural elements and/or load bearing structures required to remain. . Application of corrosion resistant structure, supports, and connections . Height of fence to ensure that access is eliminated. . Provide access for maintenance (shall be lockable gate with retractable hinges and self locking mechanisms). . All signage placed, traffic signs, pedestrians signs, and other locations on the garage at the time of installation shall be remounted properly on the fence/barrier at the cost of the Proposer. . Design shall complement the area and not detract from the final Heritage Park design. . The proposal shall have sufficient information so that the City staff can comprehend what is entailed in the design. PAGE 17 OF 28 BID No. 11-01-01 3.10 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. 3.11 FIELD VERIFICATION Proposer must perform all necessary field verifications to ensure that all aspects of existing elements are CLEARLY understood. proposer must design the fence/barrier based on properly acquired field information. Attached to the RFP is a copy of some site layouts and structure information; however, it is the responsibility of the Proposer to understand the field conditions (particularly the existing structures) 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. Additionally: . proposer must take into consideration the location of all utilities prior to designing and construction of the foundations/connections to the existing structures. . Proposer must protect and provide dust control 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. 3.12 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. 3.13 CONSTRUCTION VEHICLES Proposer shall ensure that construction vehicles that have leaks do not remain on any of the paved areas. If necessary, proposer shall ensure that the driveways and other paved areas are protected from oil spills and or other vehicular fluids. 3.14 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. 3.15 100% TURN KEY This project is a 100% turn-key project... PAGE 18 OF 28 BID No. 11-01-01 3.16 PAYMENTS This project requires that all payment include original releases of lien from all vendors. 3.17 SUBMITTALS At the time of Proposal submission: As per RFP Post award: Provide a complete construction schedule, complete schedule of values, provide a copy of all submittals/shops 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. 3.18 SUBS LISTS 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. 3.19 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 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 compliment the architecture of the existing surrounding facilities and park area. The entire assembly, structure and composition of the fabrications and connection to 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 19 OF 28 BID No. 11-01-01 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. . The proposer must submit with their proposal a copy of their State of Florida General Contractors license. . The shall show proof of a minimum of five (5) experience in municipal projects as a prime contractor. 4.3 Neqotiations 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 PAGE 20 OF 28 BID No. 11-01-01 PAGE 21 OF 28 BID No. 11-01-01 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, 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. Oualifications 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. 3. Staffinq Relevant experience and qualifications of key personnel, including key personnel of subcontractors, that will be assigned to this project well as experience and qualifications. The size and experience of the company staff pool from which staff assigned to the management contract can be drawn. 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 / Methodoloqy Proposer's approach methodology to providing the services requested in this solicitation . Suitability of the methodologies and approaches used in achieving tasks PAGE 22 OF 28 BID No. 11-01-01 . Overall organization to completing the project . Ability to meet desired timelines and deadlines 5. Price ProDosal . 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) public sector clients' references of current and past customers of which they have provided services within the past five (5) years of similar scope and size of those described herein. . Each Reference must be supplied on client's letterhead. . Each Reference letter must be 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. Contract Forms All completed contract forms. END OF SECTION PAGE 23 OF 28 BID No. 11-01-01 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: 3:00 P.M. 11/09/2011 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: 10/20/2011 This Bid Submittal Consists of Pages 27 through 30 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 11-10-02 Design, Permitting, Fabrication, and Installation of an Aluminum Security Barrier at Heritage Parking Garage Top Floor A Bid Deposit in the amount of 5% of the total amount of the bid shall accompany all bids. A Performance 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 Code(s): RETURN ONE ORIGINAL AND FOUR COPIES OF BID SUBMITTAL PAGES AND AFFIDAVITS FAILURE TO SIGN PAGE 30 OF, SECTION 6 BID SUBMITTAL WILL RENDER YOUR BID NON- RESPONSIVE PAGE 24 OF 28 BID No. 11-01-01 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 25 OF 28 BID No. 11-01-01 BID SUBMITTAL FORM Bid Title: Design, Permitting, Fabrication, and Installation of an Aluminum Security Barrier at Heritage Parking Garage Top Floor 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 26 OF 28 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 27 OF 28 BID No. PAGE 28 OF 28 BID No. AFFIDAVITS NON-COLLUSION AFFIDAVIT City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 STATE OF FLORIDA COUNTY OF The undersigned being first duly swom as provided by law, deposes, and says: This Affidavit is made with the knowledge and intent that it is to be filed with the City of Sunny Isles Beach City Commission and that it will be relied upon by said County, in any consideration which may give to and any action it may take with respect to this Bid. The undersigned is authorized to make this Affidavit on behalf of, (Name of Corporation, Partnership, Individual, etc.) a, , formed under the laws of (State) (Type of Business) of which he is (Sole Owner, Partner, President, etc.) Neither the undersigned nor any person, firm, or corporation named in above Paragraph 10.2, nor anyone else to the knowledge of the undersigned, have themselves solicited or employed anyone else to solicit favorable action for this Bid by the City, also that no head of any department or employee therein, or any officer of the City of Sunny Isles Beach, Florida is directly interested therein. This Bid is genuine and not collusive or a sham; the person, firm or corporation named above in Paragraph 10.2 has not colluded, conspired, connived or agreed directly or indirectly with any proposers or person, firm or corporation, to put in a sham Bid, or that such person, firm or corporation, shall refrain from Bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference with any person, firm or corporation, to fix the prices of said Bid or Bids of any other proposers; and all statements contained in the Bid or Bids described above true; and further; neither the undersigned, nor the person, firm or corporation named above in Paragraph 10.2, has directly or indirectly submitted said Bid or the contents thereof, or divulged information or data relative thereto, to any association or to any member or agent thereof. AFFIANT'S NAME AFFIANT'S TITLE TAKEN, SWORN AND SUBSCRIBED TO BEFORE ME this _ day of ,200_. Personally Known or Produced Identification Type of identification (Affix seal here) NOTARY PUBLIC (name printed or typed) DECEMBER 28, 2010 1 of 10 PUBLIC ENTITY CRIMES City of Sunny Isles Beach 1 B070 Collins Avenue Sunny Isles Beach. FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a) FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES PUBLIC ENTITY CRIMES Pursuant to the provisions of paragraph (2) (a) of Section 287.133, Florida State Statutes - "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not 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, Sub-Contractor, or Consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount Category Two of Sec. 287.017, FS for thirty six months from the date of being placed on the convicted vendor list". THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 11.1. This sworn statement is submitted to City of Sunny Isles Beach by [pnnt mdlvldual s name and title] for [print name 01 entity submlllmg sworn statement] whose business address is: and (if applicable) its Federal Employer Identification number (FEIN) is (If the entity had no FEIN, include the Social Security Number of the individual signing this sworn statement: .) 11.2. I understand that a "public entity crime" as defined in Paragraph 287.133(1 )(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any Bid or Contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 11.3. I understand that "convicted" or "conviction" as defined in Para. 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trail court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. 11.4. I understand that an "affiliate" as defined in Para. 287.133(1 )(a), Florida Statutes, means: a.) predecessor or successor of a person convicted of a public entity crime; or b.) Any entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executors, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair 2 of 10 DECEMBER 28.2010 market value under an arm's length agreement, shall be a prime facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 11.5. I understand that a "person" as defined in Para. 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding Contract and which Bids or applies to Bid on Contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "persons" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of any entity. 11.6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Indicate which statement applies.) Neither the entity submitting this sworn statement, nor any of it's officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order.) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 11.1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY, CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. By: (Signature) (Printed Name) (Title) Sworn to and subscribed before me this day of ,20_, by (AFFIX NOTARY STAMP HERE) Signature: Notary Public - State of Florida Print or Type Commissioned Name Personally Known OR Produced Identification Type of Identification Produced 10/1998 3 of 10 EQUAL OPPORTUNITY / AFFIRMATIVE ACTION City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach. FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 EQUAL OPPORTUNITY I AFFIRMATIVE ACTION STATEMENT The contractors and all subcontractors hereby agree to a commitment to the principles and practices of equal opportunity in employment and to comply with the letter and spirit of federal, state, and local laws and regulations prohibiting discrimination based on race, color, religion, national region, sex, age, handicap, marital status, and political affiliation or belief. Signed: Title: Firm: Address: DECEMBER 28, 2010 4 of 10 CONFLICT OF INTEREST City of Sunny Isles Beach 1 B070 Collins Avenue Sunny Isles Beach. FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 CONFLICT OF INTEREST STATEMENT The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State Statutes. Proposers must disclose with their Bids, the name of any officer, director, partner, associate or agent who is also an officer or employee of the City of Sunny Isles Beach or its agencies. STATE OF FLORIDA COUNTY OF BEFORE ME, the undersigned authority, personally appeared deposes, and states: , who was duly sworn, of and principal office in 18.1. am the with a local office in 18.2. The above named entity is submitting a Bid for the City of Sunny Isles Beach, Bid No. described as: Landscape Maintenance Services. The Affiant has made diligent inquiry and provides the information contained in this Affidavit based upon his own knowledge. 18.3 The Affiant states that only one submittal for the above Bid is being submitted and that the above named entity has no financial interest in other entities submitting Bids for the same project. 18.4 Neither the Affiant nor the above named entity has directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraints of free competitive pricing in connection with the entity's submittal for the above Bid. This statement restricts the discussion of pricing data until the completion of negotiations if necessary and execution of the Contract for this project. 18.5 Neither the entity nor its affiliates, nor anyone associated with them, is presently suspended or otherwise ineligible from participation in contract letting by any local, State, or Federal Agency. 18.6 Neither the entity, nor its affiliates, nor anyone associated with them have any potential conflict of interest due to any other clients, contracts, or property interests for this project. 18.71 certify that no member of the entity's ownership or management is presently applying for any employee position or actively seeking an elected position with the City of Sunny Isles Beach. 18.81 certify that no member of the entity's ownership or management, or staff has a vested interest in any aspect of the City of Sunny Isles Beach. 18.91n the event that a conflict of interest is identified in the provision of services, I, on behalf of the above named entity, will immediately notify the City of Sunny Isles Beach. Dated this day of ,2010. Print or Type Name and Title AFFIANT Sworn to and subscribed before me this _ day of o Personally Known OR o Produced Identification ; Type of Identification ,2010. NOTARY PUBLIC STATE OF FLORIDA DECEMBER 28.2010 5 of 10 DISPUTE DISCLOSURE City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach. FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 DISPUTE DISCLOSURE FORM Answer the following questions by placing a "X" after "Yes" or "No". If you answer "Yes", please explain in the space provided, or on a separate sheet attached to this form. 19.1. Has your firm or any of its officers, received a reprimand of any nature or been suspended by the Department of Professional Regulations or any other regulatory agency or professional associations within the last five (5) years? YES NO 19.2. Has your firm, or any member of your firm, been declared in default, terminated or removed from a contract or job related to the services your firm provides in the regular course of business within the last five (5) years? YES NO 19.3. Has your firm had against it or filed any requests for equitable adjustment, contract claims, Bid protests, or litigation in the past five (5) years that is related to the services your firm provides in the regular course of business? YES NO If yes, state the nature of the request for equitable adjustment, contract claim, litigation, or protest, and state a brief description of the case, the outcome or status of the suit and the monetary amounts of extended contract time involved. I hereby certify that all statements made are true and agree and understand that any misstatement or misrepresentation of falsification of facts shall be cause for forfeiture of rights for further consideration of this Bid for the City of Sunny Isles Beach. Firm Date Print or Type Name and Title Authorized Signature DECEMBER 28, 2010 6 of 10 ANTI-KICKBACK City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) ) COUNTY OF ) I, the undersigned, hereby duly sworn and deposed say that no portion of this sum herein Bid will be paid to any employees of the City of Sunny Isles Beach or its elected officials as a commission, kickback, reward or gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: Title: The foregoing instrument was acknowledged before me this day of , 20_, by [name of person], as [type of authority], for [name of party on behalf of whom instrument was executed] . AFFIX NOTARY STAMP HERE: Notary Public - State of Florida Print or Type Commissioned Name Personally Known OR Produced Identification Type of Identification Produced DECEMBER 28,2010 7 of 10 --- BID BOND City of Sunny Isles Beach 1 B070 Collins Avenue Sunny Isles Beach. FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 STATE OF FLORIDA COUNTY OF KNOW ALL MEN BY THESE PRESENTS, that we, as Principal, and , as Surety, are held and firmly bound unto the City of Sunny Isles Beach, a municipal corporation of the State of Florida in the sum of Dollars ($ ), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying Bid dated, 2010 for: WHEREAS, it was a condition precedent to the submission of said Bid that a cashier's check or Bid Bond in the amount of five percent (5%) of the Base Bid be submitted with said Bid as a guarantee that the proposers would, if awarded the Contract, enter into a written Contract with the City for the performance of said Contract, within ten (10) consecutive calendar days after written notice having been given of the Award of the Contract. NOW, THEREFORE, the conditions of this obligation are such that if the Principal within ten (10) consecutive calendar days after written notice of such acceptance, enters into a written Contract with the City of Sunny Isles Beach and fumishes the Performance Bond, satisfactory to the City, each in an amount equal to one hundred percent (100%) of the Contract Price, and provides all required Certificates of Insurance, then this obligation shall be void; otherwise the sum herein stated shall be due and payable to the City of Sunny Isles Beach and the Surety herein agrees to pay said sum immediately, upon demand of the City, in good and lawful money of the United States of America, as liquidated damages for failure thereof of said Principal. IN WITNESS WHEREOF, the above bonded parties have executed this instrument under their several seals this day of ,20_, the name and the corporate seal of each corporate party being hereto affixed and these presents being duly signed by its undersigned representative. DOCUMENT CONTINUES ON NEXT PAGE IN PRESENCE OF: Affix Corporate Seal Individual or Partnership Principal Business Address City, State, and Zip Code Business Facsimile Business Telephone ATTEST: Secretary (Corporate Surety)" By: "Impress Corporate Seal IMPORTANT Surety companies executing bonds must appear on the Treasury Department's most current list (circular 570 as amended) and be authorized to transact business in the Stale of Florida. 8 of 10 DECEMBER 2B, 2010 PERFORMANCE BOND City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach. FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 FORM OF PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That, pursuant to the requirements of Florida Statute 255.05, we, , as Principal, hereinafter called Contractor, and ' as Surety, are bound to the City of Sunny Isles Beach, Florida, as Obligee, hereinafter called City, in the amount of Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract No.: 07-10-04, awarded the day of ,20_, with Landscape Services Maintenance in accordance with contract documents prepared by the City of Sunny Isles Beach, which Contract is by reference made a part hereof, and is hereafter referred to as the Contract; THE CONDITION OF THIS BOND is that if the Contractor: 15.1. Fully performs the Contract between the Contractor and the City for services described within (Bid No. ) within calendar days after the date of Contract commencement as specified in the Notice to Proceed and in the manner prescribed in the Contract; and 15.2. Indemnifies and pays City all losses, damages (specifically including, but not limited to, damages for delay and other consequential damages caused by or arising out of the acts, omissions or negligence of Contractor), expenses, costs and attorney's fees including attorney's fees incurred in appellate proceedings, that City sustains because of default by Contractor under the Contract; and 15.3. Upon notification by the City corrects any and all defective or faulty Work or materials which appear within one and one half (1 1/2) years, and: 15.4. Performs the guarantee of all Work and materials furnished under the Contract for the time specified in the Contract, then this Bond is void, otherwise it remains in full force. Whenever Contractor shall be, and declared by City to be, in default under the Contract, the City having performed City's obligations there under, the Surety may promptly remedy the default, or shall promptly: 15.4.1. Complete the Contract in accordance with its terms and conditions; or 15.4.2. Obtain a Bid or Bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the best, lowest, qualified, responsible and responsive Proposers, or, if the City elects, upon determination by the City, and Surety jointly of the best, lowest, qualified, responsible and responsive Proposers, arrange for a Contract between such Proposers and City, and make available as Work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price." as used in this paragraph, shall mean the total amount payable by City to Contractor under the Contract and any amendments thereto, less the amount properly paid by City to Contractor. No right of action shall accrue on this Bond to or for the use of any person or corporation other than the City named herein. DECEMBER 28, 2010 9 of 10 The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Surety's obligation under this Bond. Signed and sealed this day of ,20 WITNESS: BY: (Name of Corporation) Secretary (Signature) (CORPORATE SEAL) (Type Name and Title Signed Above) IN THE PRESENCE OF; INSURANCE COMPANY: BY: *Agent and Attorney-in-Fact * (Power of Attorney must be attached) (Address) (City/State/Zip Code) (Telephone) STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this _ day of 20_, by [name of person], as [type of authority], for [name of party on behalf of whom instrument was executed]. AFFIX NOTARY STAMP HERE: Signature: Notary Public - State of Florida Print or Type Commissioned Name Personally Known OR Produced Identification Type of Identification Produced 10 of 10 10/1998