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HomeMy WebLinkAboutSpecifications Request for Qualifications Goods & Services CIVIL ENGINEERING SERVICES TO DESIGN STREET AND DRAINAGE IMPROVEMENTS Request for Qualifications No. 11-11-02 Publish Date: Bid Due and Bid Opening Date: 11-08-11 12-02-11 at 10:00 AM Pre-Bid Conference: Where to Deliver Proposal Intentionally Omitted Sunny Isles Beach Government Center 18070 Collins Avenue Sunny Isles Beach, Florida 33160 City of Sunny Isles Beach I Request for Qualifications No. 11-11-02 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 Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Page 2 Page 3 Page 4 Page 10 Page 13 Page 16 Page 18 Page 20 Affidavits Non-Collusive Affidavit Public Entity Crimes Equal Opportunity / Affirmative Action Statement Conflict of Interest Statement Dispute Disclosure Form Anti-Kickback Affidavit Page 1 of 7 Page 2 of 7 Page 4 of 7 Page 5 of 7 Page 6 of 7 Page 7 of 7 Attachments Attachment A - Aerials City of Sunny Isles Beach I Request for Qualifications No. 11-11-02 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. CIVIL ENGINEERING SERVICES TO DESIGN STREET AND DRAINAGE IMPROVEMENTS Request for Qualifications No. 11-11-02 The Bid Specifications for this Request for Qualifications 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 Friday, 12-02-11 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" Bid No. 11-11-02 CIVIL ENGINEERING SERVICES TO DESIGN STREET AND DRAINAGE IMPROVEMENTS OPENING DATE AND TIME: Friday, 12-02-11 at 10:00 AM The Owner reserves the right to reject any or all Bids, with or without cause, to waive technical errors and informalities, and to accept the Bid, which best serves the interest of, and represents the best value to, the Owner in conformity with the criteria set forth in Section 62-8 of the Code of Ordinances of the City of Sunny Isles Beach. All questions regarding Request for Qualifications No. 11-11-02 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@)sibfl.net or via facsimile (305) 792-1563 or via regular mail at: Jane A. Hines, CMC, City Clerk, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, FL 33160. Jane Hines, CMC, City Clerk City of Sunny Isles Beach City of Sunny Isles Beach I Request for Qualifications No. 11-11-02 SECTION 1 INSTRUCTIONS TO BIDDER I GENERAL TERMS AND CONDITIONS 1.1 CLARIFICATION/EXPLANATION/OUESTlONS: within this document. Any questions conceming the Bid Specifications or any required need for clarification must be made to Jane A. Hines, CMC, City Clerk via email to: lHinesCOlsibfl.net or via facsimile (30S) 792-1S63 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 (S) 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 (>NWW demandstar com) to all parties listed on the official plan holders' list as having received the Bid documents. Only questions answered by written addenda shall be binding. Oral interpretations or clarifications shall be without legal effect. No plea of ignorance or delay or required need of additional information shall exempt a Proposers from submitting their Bid on the required date and time as publicly noted. 1.2 PLAN HOLDER'S LIST: As a convenience to vendors, the City of Sunny Isles Beach has made available via intemet lists of all plan holders for each Request for Qualifications, Request for Qualifications, and request for qualifications. The information is available on-line at www.demandstar.com or by calling the Office of the City Oerk at (30S) 792-1703. 1.3 ADDENDA TO SPECIFICATIONS: If any addenda are issued after the initial specificatiOns are released, the City will post and disseminate the addenda through DemandStar. For those projects with separate plans, blue prints, or other materials that cannot be accessed through the internet, the OffICe of the City Clerk will make good fa~h 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 webs~e or contact the OffICe of the City Clerk at (30S) 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/RFQ/RFQ opening because of a disability should call the Office of the City Clerk at (30S) 792-1703 at lease five (S) days prior to the Pre-Bid Conference or Bid/RFQ/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) 9SS-8771 (TOO). 1.S 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 mav 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 subm~ 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 w~h any public entity, and may not transact business w~h 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: Bids must be submitted no later than the time and date shown 1.7 SEALED BID: The entire Bid Response Package shall be placed in an opaque envelOpe (with all items listed on the Bid checklist form and all other ~ems required within this Request for QualifICations must be executed) and submitted in a sealed envelope. 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 in~ialed 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 w~hdrawal request via .Certifled U.S. Mail - Retum 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 ~ 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 Request for Qualifications. 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 retumed. 1.11 EVALUATION OF BIDS: The City, at ~s sole discretion, reserves the right to inspect any/all Proposers facil~ies 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 w~h other un~ of state. and/or local govemments in Florida, or comparable private ent~ies, will be taken into consideration in the Award of the Contract. 1.11.1 Hold Harmless: All Proposer's shall hold the City, ~'s offICials and employees harmless and covenant not to sue the City, ~'s officials and employees in reference to their deCisions to reject, award, or not award a Bid, as applicable. 1.11.2 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. 1.11.3 Disputes: If any dispute conceming 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 ~ decision to the Contractor, which shall be binding on both parties. 1.12 AGREEMENT: After the Bid award, the City will, at its option, prepare an Agreement specifying the terms and cond~ions resu~ing from the City of Sunny Isles Beach I Request for Qualifications No. 11-11-02 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 Bond. The Proposers who has the Contract awarded to them and who fails to execute the Agreement and fumish the Performance Bond and Insurance Certificates w~hin the specified time shall forfe~ the Bid Security that accompanied their Bid, and the Bid Security shall be retained as liquidated damages by the City, and ~ 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 ~ 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 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, 1.14 BRAND NAMES: If a brand name, make, of any "or equal" manufacturer trade name, or vendor catalog is mentioned whether or not followed by the words "approved equal" it is for the purpose of establishing a grade or quality of material only. Vendor may offer equals with appropriate identification, samples, and/or specifications on such item(s). The City shall be the sole judge conceming the mer~ of items Bid as equals. 1.lS MATERIAL: Material(s) delivered to the City under this Bid shall remain the property of the seller until accepted to the satisfaction of the City. In the event materials supplied to City are found to be defective or do not conform to specifications, the City reserves the right to return the product(s) to the seller at the seller's expense. 1.16 SAMPLES: Samples of ~ems, when required, must be furnished by the Proposers free of charge to the City. Each individual sample must be labeled with the Proposers name and manufacturer's brand name and delivered by them w~hin ten (10) calendar days of Proposers receipt of the "Notice to Proceed", unless schedule indicates a different time. If samples are requested subsequent to the Bid opening, they should be delivered within ten (10) calendar days of the request. The City will not be responsible for returning samples. 1.17 OUANTITY GUARANTY: NO guarantee or warranty is given or implied by the City as to the total amount that mayor may not be purchased from any resu~ing Contract or Award. These quant~ies are for Bid purposes only and will be used for tabulation and presentation of the Bid. The City reserves the right to increase or decrease quantities as required, even significantly. The prices offered herein and the percentage rate of discount applies to other representative items not listed in this Bid. 1.18 GOVERNMENTAL RESTRICTIONS ON MATERIALS: In the event any govemmental restrictions may be imposed which would necess~te alteration of the material quality, workmanship, or performance of the ~ems offered on this Bid prior to their delivery, ~ shall be the responsibility of the successful Proposers to notify the City at once, indicating in their letter the specific regulation which required an a~eration. The City of Sunny Isles Beach reserves the right to accept any such a~eration, irICluding any price adjustments occasioned thereby, or to cancel at no further expense to the City. 1.19 SAFETY STANDARDS: The Proposers warrants that the product(S) supplied to the City conforms in all respects to the standards set forth in the occupational safety and health act (OSHA) and its amendments. Bids must be accompanied by a materials data safety sheet (MSDS) when applicable. 1.20 WARRANTIES: Successful Proposers shall act as agent for the City in the follow-up and compliance of all ~ems under Warranty/Guarantee and complete aH forms for Warranty/Guarantee coverage under this Contract. Proposers warrants by signature on the Bid Form that prices quoted here are in conformity with the latest Federal Price Guidelines. 1.21 COPYRIGHTS/PATENT RIGHTS: Proposers warrants that there has been no violation of copyrights or patent rights in manufacturing, producing or selling of goods shipped or ordered, as a result of this Bid. The seller agrees to indemnify City from any and all liability, loss, or expense occasioned by any such violation. 1.22 LOCAL BUSINESS TAX fOCCUPATIONAL LICENSE REGISTRATIONl: 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 Request for QualifICations shall irIClude a copy of the company's local business taX/occupational Iicense(s) with the Bid resoonse. For information specifIC to City of Sunny Isles Beach local business taX/occupational licenses, please call Code Enforcement & Ucensing at (305) 792-170S. If the contractor is operating under a fictitious name as defined in Section 86S.059, Florida Statutes, proof of current registration w~h 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 subm~ a copy of the current licensing from the appropriate agency and/or proof of current active status with the Division of Corp:>rations of the State of Florida. 1.23 LIABILITY. INSURANCE PERMITS AND LICENSES: Proposers shall assume the full duty, obligation, and expense of obtaining all necessary licenses, pennits, 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 shaH be required to furnish a copy of all licenses, certificates of competency or other licensor requirements necessary to practice their profession as required by Florida State Statute, current building code, Miami- Dade County, and City of Sunny Isles Beach Code. Contractors shall include current Miami-Dade County Certificates of Competency. These documents shaH be furnished to the City along w~h the Bid resoonse. Failure to fumish these documents or to have required licensor will be grounds for rejecting the Bid. 1.24 CERTIFICATEfSl OF INSURANCE: Proposers shaH furnish to the OffICe of the City Clerk, City of Sunny Isles Beach, 16070 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 City of Sunny Isles Beach I Request for Qualifications No. 11-11-02 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. 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 ~ the Proposers must subm~ 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 Oty of Sunny Isles Beach. Such notification shall be in wnting, 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 w~hout 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. 1.30 DEFINmONS: Wherever used in these General Cond~ions or in the other Contract Documents, the following terms shall have the meaning indicated which shall be applicable to both the singular and plural thereof: Acceptance: Agreement: Addenda: 1.25 ASSIGNMENT: Acceptance by the City of the Work as being fully complete in accordance w~h the Contract Documents subject to waiver of claims. The written Agreement between the City and the Contractor covering the Work to be performed, which includes the Contract Documents. Written or graphic instruments issued prior to the Bid Opening which modify or interpret the Contract Documents, Drawings and SpecifICations, by additKJn, deletions, c1arificatK>ns or corrections. Bid: Approved: Means approved by the Oty. The Contractor shall not transfer or assign the performance required by this Bid without prior written consent of the City Manager. Any award issued pursuant to the Request for QualificatiOns and monies which may be due hereunder are not assignable except w~h 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 Un~ed States Postal Service - Certified Mail, Retum 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. The offer or Bid of the Proposers submitted on the prescribed form setting forth the prices for the Work to be performed. Bonds: Proposers: Any person, firm or corporation submitting a Bid for Work. 1.26 HOLD HARMLESSIINDEMNIFICATION: The Contractor shall indemnify, save harmless, and defend the City of Sunny Isles Beach, ~'s officers, agents and employees from and against any claims, demands or causes of act)Qn of whatsoever kind or nature arising out of error, omission, negligent act, conduct, or misconduct of the Contractor, their agents, servants or employees in the provision of goods or the performance of services pursuant to this Bid and / or from any procurement decision of the City including w~hout Iim~ation, awarding the Contract to the Contractor. Change Order: City: 1.27 NON-CONFORMANCE TO CONTRACT: Contract Documents: The City of Sunny Isles Beach may withhold acceptance of, or reject ~ems 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 ~ own property. Rejection for non-<:onformance or failure to meet delivery schedules may resu~ in the Contractor being found in default. 1.28 DEFAULT PROVISION: In case of defau~ by the Proposers or Contractor, the City of Sunny Isles Beach may procure the articles or services from other sources and hold the Proposers or Contractor responsible for any excess costs occasioned or incurred thereby. 1.29 SECONDARY/OTHER VENDORS: Bid, performance bond and other instruments of security, fumished by the Contractor and their surety in accordance w~h the Contract Documents and in accordance with the law of the State of Florida. A written order to the Contractor signed by the City authorizing an addition, deletion or revision in the 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 Cond~ions, the Technical SpecifICations, Drawings and Modifications, Notice to Proceed, Request for QualificatiOns, Insurance Certificates, Change Orders and Acknowledgment of Conformance with the City of Sunny Isles Beach. City of Sunny Isles Beach I Request for Qualifications No. 11-11-02 Contract Price: The total monies payable to the Contractor under the Contract Documents. and other incidentals, and the fumishing thereof. Written Notice: The term "Notice" as used herein shall mean and include all written notices, demands, instructions, claims, approvals and disapproval's required to obtain compliance w~h Contract requirements. Wr~en notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an offICer of the corporation for whom it is intended, or to an authorized representative or such individual, firm, or corporation, or if delivered at or sent by registered mail to the last business address known to them who gives the notice. Unless otherwise stated in writing, any notice to or demand upon the City under this Contract shall be delivered to the City. Contract Time: The number of calendar days stated in the Agreement for the completion of the Work. Contracting Officer: The individual who is authorized to sign the contract documents on behalf of the City's goveming body. Contractor: The person, firm or corporatiOn with whom the City has executed this Agreement. Day: A calendar day of twenty-four hours measured from midnight to the next midnight. Field Order: A written order issued by the City which clarifIeS or interprets the Contract Documents or orders minor changes in the Work. 1.31 BID AWARD: Specif'lcations: 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 City reserves the right to reject any and all Bids at ~ sole discretion. Bids shall be awarded by the City after the City performs all necessary searches, inquiries, exploration, and analysis of the Bids. The Bid shall be awarded to the lowest responSible and responsive proposer whose Bid best serves the interests of and represents the best value to the City in conformity with the criteria set forth in Section 62-8 of the City Code. No Notice of Award will be given until the City has concluded any investigation(s) as they deem necessary to establish the Proposer's capability to perform the public works and Waste Management Services as described in this Request for Qualifications, 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 w~hin 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). Modification: Modification means anyone of the following: (a) a written amendment of the Contract Documents signed by both parties, (b) a Change Order, (c) a written clarification or interpretation if issued by the City, or (d) a written order for minor change or a~eration in the Work issued by the City. A modifICation may only be issued after execution of the Agreement. Notice of Award: The wr~en notice by City to the apparent successful Proposers stating that upon compliance with the cond~ions precedent to be fulfilled by him within the time specified, City will execute and deliver the Agreement to him. Samples: Physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 1.32 EXECUTION OF AGREEMENT: Statement of Services: The form furnished by the City which is to be used by the Contractor in requesting progress payments. At least four counterparts of the Agreement the Performance Bond, the CertifICates of Insurance and such other Documents as required by the Contract Documents shall be executed and delivered by Contractor to the City w~hin ten (10) calendar days of receipt of the Notice of Award. 1.33 LAWS AND REGULATIONS: Work: Any and all obligations, duties and responsibil~ies necessary to the successful completion of the Project assigned to or undertaken by Contractor under the Contract Documents, including all labor, materials, equipment 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 appropriatermodification. If the Contractor performs any Work knowing ~ to be contrary to such laws, ordinances, rules and regulations, and without such notice to the City, they will bear all costs arising wherefrom. Supplier: 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. 1.34 ~ The City of Sunny Isles Beach is exempt from sales tax imposed by the State and/or Federal Government. Florida Sales Tax Exemption City of Sunny Isles Beach I Request for Qualifications No. 11-11-02 No. 23-00-477131-54C appears on each purchase order. Exemption certifICates are available upon request. 1.35 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 harmless the City, its officers, agents and employees, from or on account of any injuries or damages, received or sustained by any person or persons during or on account of any operations connected with the Work described in the Contract Documents, or by or in consequence of any negligence in connection with the same; or by use of any improper materials or by or on account of any act or omission of the said Contractor or his Sub-Contractor, agents, servants or employees. The Contractor will defend, indemnify and hold harmless the City and their agents or employees from and against all claims, damages, losses and expenses including attomeys' fees arising out of or resu~ing from the performance of the Work, provided that any such claim damage, loss or expense (a) is attributable to bodily injury, sk:kness, disease or death, or to injury to or destruction of tangible property (other than Work ~elf) 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 directiy or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused by a party indemnified hereunder. In the event that a court of competent jurisdiction determines that Sec. 725.06 (2), F.5. is applicable to this Work, then in lieu of the above provisions of this section the parties agree that Contractor shall indemnify, defend and hold harmless the City, their offICers and employees, to the fullest extent authorized by Sec. 72S.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 wr~en notice from City shall defend such action or proceeding by counsel satisfactory to City. The indemnification provided above shall obligate Contractor to defend at its own expense or to provide for such defense, at City's option, any and all claims of liability and all suits and actions of every name and descriptiOn that may be brought against City, excluding only those which allege that the injuries arose out of the sole negligence of City, which may result from the operations and activities under this Contract whether the Work be performed by Contractor, ~ Sub-Contractors, or by anyone directly or indirectly employed by e~her. 1.36 DECISIONS ON DISAGREEMENTS: The City will be the in~ial interpreter of the Technical SpecifICations. 1.37 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 su~ble 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 ent~led 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 add~ional 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 incunred 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 defau~, 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. 1.37.1 Where the Contractor's services have been so terminated by the City said termination shall not affect any rights of the City against the Contractor then existing or which may thereafter accrue. Any retention or payment of moneys by the City due the Contractor will not release the Contractor from liability. 1.37.2 Upon ten (10) days written notice to the Contractor, the City may, w~hout 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 prof~ for Work which has not been performed. 1.38 MISCELLANEOUS: 1.38.1 Proposers acknowledge the following miscellaneous cond~ions: 1.38.2 1.38.3 1.38.4 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. 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. The duties and obligations imposed by these General Conditions, Special Cond~ions and Supplemental Cond~ions 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 Cond~ions 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. Should the City or the Contractor suffer injury or damage to ~s 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 w~hin a reasonable time of the first observance of such in jury or damage. 1.39 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. 1.40 GOVERNING LAW: The Contract shall be construed in accordance with and govemed by the law of the State of Florida. City of Sunny Isles Beach I Request for Qualifications No. 11-11-02 1.42 ARBITRATION: 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 foliowing 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. 1.41 ~ Venue of any actiOn to enforce the Contract Documents shall be in Miami-Dade County, Florida. 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 attomeys' 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 attomeys' fees as may be determined by the court on confirmation. 1.44 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 ~ 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. 1.4S INDEPENDENT CONTRACTOR: 1.43 PROJECT RECORDS: The Contractor is an independent Contractor under the Contract. Services provided by the Contractor shall be by employees of the Contractor and subject to supervision by the Contractor, and not as offICers, employees, or agents of the City. Personnel policies, tax responsibil~ies, social security and hea~h insurance, employee benefits, purchasing policies and other similar administrative procedures, applicable to services rendered under the Contract shall be those of the Contractor. 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 add~ional compensation made by Contractor, and to conduct an aud~ of the financial and accounting records of Contractor which End of Section City of Sunny Isles Beach I Request for Qualifications No. 11-11-02 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, seeks the services of a CIVIL ENGINEERING firm as more particularly described in Section 3 of this RFQ. 2.2 PRE-PROPOSAL CONFERENCE (MANDATORY): Intentionally Omitted 2.3 TERM This contract will commence on the first calendar day of the month succeeding approval of the contract by the City Commission, 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 Intentionally Omitted 2.5 PRICE If the proposer is awarded a contract under this solicitation, the prices proposed by the proposer shall remain fixed and firm during the term of contract. 2.6 PERFORMANCE AND PAYMENT BOND Intentionally Omitted 2.7 DELIVERY Intentionally Omitted 2.8 INSURANCE Comprehensive General Liability with minimum limits of Two Million Dollars ($2,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. 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 City of Sunny Isles Beach I Request for Qualifications No. 11-11-02 o Independent Contractors o Products and/or Completed Operations Hazard o Broad Form Property Damage 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 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. 2.8.1 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. 2.9 MONTHLY INVOICES PAYMENTS Cut-off date is the close of the business day of the 20th day of each month. Proposer shall submit by the 25th day of each month Contractor's completed Statement of Services/Invoice. Should the 25th fall on a weekend or holiday, Contractor shall submit his application on the next City of Sunny Isles Beach I Request for Qualifications No. 11-11-02 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. 2.10 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. 2.11 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. END OF SECTION City of Sunny Isles Beach I Request for Qualifications No. 11-11-02 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, seeks Request for Qualifications ("RFQ") responses from interested licensed civil engineering professionals ("Consultants") to submit statements of qualifications to design a permissible set of street and drainage improvement plans as described within this RFQ. This RFQ is for the 100% complete design development for the construction of a drainage system along 174th Street (see attached aerial) from Collins Avenue west to just beyond the first complex curve. The envisioned drainage system shall alleviate the stormwater runoff on the roadway in the area and discharge it into a deep well or an outfall or a combination. The Consultant shall demonstrate an understanding of the area as well as applicable solutions including but not limited to the ability to provide and justify the design development and construction implications of an outfall line, the design development and construction implications of a deep well in the area, and the design development and construction implications of an exfiltration system, that would allow for the proper drainage of standing water or the potential of standing storm water runoff in the area. Consultant must demonstrate his/her qualifications by including experience in the areas of stormwater system designs and justification in similar areas, Boundary/Topographic survey development or procurement, procurement and review of field tests, procurement and review of field geotechnical reports, Utility data collection, sub-surface survey, percolation tests, and other applications necessary to ensure that all field considerations are obtained prior to the commencement of a design. The task of the Consultant shall include but shall not be limited to applying Miami-Dade County stormwater design standards to the area impacted, providing a complete site/area assessment, coordinating with City staff and other agencies as necessary to ensure that all elements of design and design implications are clearly identified, accepted/rejected, and incorporated into a final permissible design for construction, providing 100% complete designs for the implementation of an approved storm system, and other related services as deemed necessary. Consultant must provide sufficient information that clearly demonstrates the Consultant's ability to provide such services in a prompt and efficient manner. This includes but is not limited to the Consultant's ability to coordinate with Miami-Dade County DERM staff, City staff, Owners (impacted by construction), and others for preliminary reviews and comments, the Consultant's ability to effectively move the project to fruition (from design development through permitting and subsequently to project close-out), as well as the Consultant's previous projects with similar parameters. The services contemplated are professional in nature. It is understood that the selected Consultant is of a professional status, licensed to perform in the State of Florida and licensed for all applicable professional discipline(s) requiring licenses. 3.2 PROPOSED PROJECT GENERAL REOUIREMENTS City of Sunny Isles Beach I Request for Qualifications No. 11-11-02 A. Scope of Services If Consultant is approved under this RFQ to provide services, said scope must include the following: 1. Introduction describing the service required including but not limited to: a. Providing complete and necessary certified survey information/ documentation/drawings b. Providing all design calculations based on Miami Dade County Standards for Stormwater as well as City requirements. c. Providing a complete biddable set of drawings to support the necessary designs to implement a complete and thorough project. d. Providing complete designs to ensure that the roadway and elements to remain are protected, repaired, replaced, or modified as necessary. e. Providing services to obtain and deliver to the City all required permits from all Agencies Having Jurisdiction ("AHJ"). f. Providing ancillary and necessary services to obtain all geotechnical reports and soil information necessary to produce the proper design. g. Providing services for easement acquisition as necessary. h. Other as required by all AHJ. 2. Project limits 3. Staff members 4. Description of Consultant duties and responsibilities of other agencies 5. Preparation of Easement/Survey in the event an outfall must be constructed through private property 6. Description of deliverables, including a list of drawings and specifications by phase 7. Permit Applications/Plans processing to AHJ 8. Cost estimations 9. Project schedule 10. Cost details and break-out B. Meetings The Consultant will be required to attend and/or update the City regularly. Such meetings will be held at the City. Minutes of all meetings must be prepared by the Consultant and submitted to all those in attendance. C. Design Standards The design standards shall incorporate ALL relevant and most recent Florida Building Codes ("FBC''), Florida Department of Transportation ("FDOT'') Standards, State Standards, Federal Standards, and Miami Dade County Standards where applicable and necessary. D. Design Schedule The Consultant must prepare a project schedule, including service breakdown, which depicts the project with key milestones and deliverables for design. The schedule shall be updated bi-weekly and must at a minimum key decision points in the design process including utility City of Sunny Isles Beach I Request for Qualifications No. 11-11-02 coordination and easements, responsible parties for each decision, early start for each activity, expected finish for each activity and a critical path. Considerations for design shall include: FDOT Standards, FBC Standards, Miami-Dade County Standards, Federal and State Requirements, City and Owner requests, demolition phasing and coordination, impacts to parking, impact to vehicular flow, utility relocation/adjustments, drainage and impact to existing drainage systems, landscaping and existing streetscape, etc... E. Estimates The Consultant is responsible for the preparation of a cost estimate for construction. Cost estimates must be in unit prices. The estimate MUST be an Engineer's Estimate of Cost which will be used as the basis for evaluation of bid tabulations from prospective bidders at the time of Construction Bid. If the apparent low bid is more than 10% over the Engineer's estimate of Cost, the City retains the right to request that Consultant to redesign and resubmit the project at no additional cost to the City. F. Administration The Consultant is responsible for utility coordination, surveying, and securing all permit information from Agencies Having Jurisdiction necessary to ensure that all information is provided on the drawings. G. Building Permit The Consultant will be required to submit all applications for permits (if required for the project). In ALL case the Consultant will be required to revise all necessary drawings to accommodate any and ALL comments from Agencies Having Jurisdiction. END OF SECTON City of Sunny Isles Beach I Request for Qualifications No. 11-11-02 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 OUALIFICATlONS 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. 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. City of Sunny Isles Beach I Request for Qualifications No. 11-11-02 Notwithstanding the foregoing, if the City and said Proposer(s) cannot reach agreement on a contract, the City reserves the right to terminate negotiations and may, at the City Manager's or his designee's discretion, begin negotiations with the next lowest responsible and responsive proposer. This process may continue until a contact acceptable to the City has been executed or all proposals are rejected. No Proposer shall have any rights against the City arising from such negotiations or termination thereof. Any Proposer recommended for negotiations may be required to provide to the City: a) Its most recent certified business financial statements as of a date not earlier than the end of the Proposer's preceding official tax accounting period, together with a statement in writing, signed by a duly authorized representative, stating that the present financial condition is materially the same as that shown on the balance sheet and income statement submitted, or with an explanation for material change in the financial condition. A copy of the most recent business income tax return will be accepted if certified financial statements are unavailable. b) Information concerning any prior or pending litigation, either civil or criminal, involving a governmental agency or which may affect the performance of services to be rendered herein, in which the Proposer, any of its employees or subcontractors is or has been involved within the last three years. END OF SECTON City of Sunny Isles Beach I Request for Qualifications No. 11-11-02 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 RFQ 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 RFQ will become the property of the City. LABEL EACH SECTION AS NUMBERED The proposal must be in the following format. Failure to include responses to items #1 through #9 in this Section 5 may result in the proposer being deemed non-responsive and resulting in the proposal not being considered. 1. Comoany 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 Fou nded. . 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 RFQ. . 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 as 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: City of Sunny Isles Beach I Request for Qualifications No. 11-11-02 . 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 . Overall organization to completing the project . Ability to meet desired timelines and deadlines 5. Price Proposal . Each firm shall submit in their proposal a detailed cost proposal which shall include all costs associated with the services described in this RFQ. 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 me signed with contact person and phone number. The City retains the right to request any additional information pertaining to the Proposer's ability, qualifications and procedures used to accomplish all work under the contract as it deems necessary to ensure safe and satisfactory work. 7. Accomplishments A list of significant accomplishments in the areas of legislation and appropriations attained on behalf of public sector clients in the past 5 years. 8. Office Locations A listing of all office locations (including address, phone numbers and point of contact). 9. Contract Forms All completed contract forms. END OF SECTION City of Sunny Isles Beach I Request for Qualifications No. 11-11-02 DELIVER TO: City of Sunny Isles Beach City Clerk 18070 Collins Avenue Sunny Isles Beach, FL 33160 REQUEST FOR QUALIFICA TIONS SECTION 6 BID SUBMITTAL FORMS OPENING: 10:00 A.M. 12-02-11 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 furnished upon request. Issued by: Purchasing Agent Date Issued: 11-08-11 This Bid Submittal Consists of Pages 20 through 23 Sealed bids are subject to the Terms and Conditions of this Request for Qualifications and the accompanying Bid Submittal. Such other contract provisions, specifications, drawings or other data as 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. RFQ 11-11-02 CIVIL ENGINEERING SERVICES TO DESIGN STREET AND DRAINAGE IMPROVEMENTS A Bid Deposit in the amount of 0% of the total amount of the bid shall accompany all bids A Performance Bond in the amount of 0% of the total amount of the bid will be required upon execution of the contract by the successful bidder and City of Sunny Isles Beach Procurement Aaent: Marcanthony Tulloch Firm Name: Commodity Coders}: RETURN ONE ORIGINAL AND FOUR COPIES OF BID SUBMITTAL PAGES AND AFFIDA VITS FAILURE TO SIGN PAGE 23 OF SECTION 6 BID SUBMITTAL WILL RENDER YOUR BID NON- RESPONSIVE City of Sunny Isles Beach I Request for Qualifications No. 11-11-02 SECTION 6 BID SUBMITTAL FOR: ACKNOWLEDGEMENT OF ADDENDA INSTRUCTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES PART I: LIST 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: City of Sunny Isles Beach I Request for Qualifications No. 11-11-02 BID SUBMITTAL FORM Bid Title: CIVIL ENGINEERING SERVICES TO DESIGN STREET AND DRAINAGE IMPROVEMENTS 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 Proposers accepts all of the terms and conditions of the Advertisement or Request for Qualifications 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, Work, site, locality, and all local conditions and Law and Regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. . The Proposer has given the City written notice of all conflicts, errors, discrepancies that it has discovered in the Contract Documents and the written resolution thereof by City is acceptable to the Proposer. . 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. The City and the successful proposer will establish completion times for each individual Work Item and the successful Proposer agrees that the work will be completed within the time frames agreed upon and stipulated in the individual Purchase Orders and/or Notice to Proceed. City of Sunny Isles Beach I Request for Qualifications No. 11-11-02 Firm Name: Street Address: Mailing Address (if different): Telephone No. Fax No. Email Address: FEIN No. ---1_----1---1---1---1---1---1- * "By signing this document the bidder agrees to all Terms Signature: (Signature of authorized agent) Print Name: Title: 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. City of Sunny Isles Beach I Request for Qualifications No. 11-11-02 AFFIDAVITS City of Sunny Isles Beach I Request for Qualifications No. 11-11-02 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 TITLE AFFIANT'S NAME 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 7 PUBLIC ENTITY CRIMES City of Sunny Isles Beach 18070 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 Lpnntlndlvldual s name and title] for [prtnt name ot entity submitting swom 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 7 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? 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? CONFLICT OF INTEREST City of Sunny Isles Beach 18070 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. 18.8 I 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? DISPUTE DISCLOSURE City of Sunny Isles Beach 1 B070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (30S) 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 Authorized Signature Print or Type Name and Title DECEMBER 2B, 2010 60f7 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 7 a:a" . 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