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
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Page 2 of 7
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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