HomeMy WebLinkAboutSpecifications
Invitation to Bid
Goods & Services
Event Rides and Carnival Related Equipment
Rental
Invitation to Bid No. 12-01-05
Publish Date:
Bid Due and Bid Opening Date:
01/27/2012
02/13/2012 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 Invitation to Bid No. 12-01-05
TABLE OF CONTENTS
Table of Contents
Legal Advertisement/Notice to Bidder
Instructions to Bidder / General Terms
Special Terms & Conditions
Scope of Work / Technical Specifications
Bid Form
Section 1
Section 2
Section 3
Section 4
Page 2
Page 3
Page 4
Page 10
Page 16
Page 19
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
City of Sunny Isles Beach I Invitation to Bid No. 12-01-05
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.
Event Rides and Carnival Related Equipment Rental
Invitation to Bid No. 12-01-05
The Bid Specifications for this Invitation to Bid are available from DemandStar by calling (800) 711-1712
or by accessing their website at www.demandstar.com. The Bid Specifications may also be examined at
the City of Sunny Isles Beach - Office of the City Clerk. Vendors who obtain the Bid Specifications from
sources other than DemandStar or the City of Sunny Isles Beach are cautioned that their Bid response
package may be incomplete. Addenda will be posted and disseminated by DemandStar at least five days
prior to the submittal date to all vendors who are listed on the official list. The City may not accept
incomplete Bids.
Bids shall be on a unit price basis; segregated Bids will not be accepted. Sealed Bids will be received by
the City Clerk no later than 10:00 AM, on Monday, 02/13/2012 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. 12-01-05
Event Rides and Carnival Related Equipment Rental
OPENING DATE AND TIME: Monday, 02/13/2012 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 Invitation to Bid No. 12-01-05 shall be directed in writinq to Jane A. Hines, CMC,
City Clerk, at least five (5) business days prior to the date of the Bid opening. Questions may be
submitted via email to: JHines(Ci)sibfl.net or via facsimile (305) 792-1563 or via regular mail at: Jane A.
Hines, CMC, City Clerk, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, FL 33160.
Jane Hines, CMC, City Clerk
City of Sunny Isles Beach
City of Sunny Isles Beach I Invitation to Bid No. 12-01-05
SECTION 1
INSTRUCTIONS TO BIDDER 1 GENERAL TERMS AND CONDITIONS
THESE INSTRUCTIONS ARE STANOARD FOR ALL BID COMMODITIES/SERVICES ISSUED BY THE CITY OF SUNNY ISLES BEACH. THE CITY OF SUNNY ISLES BEACH MAY
DELm, SUPERSEDE OR MODIFY ANY OF THESE STANDARD INSTRUCTIONS FOR A PARTICULAR CONTRACT BY INDICATING SUCH CHANGE IN SPECIAL INSTRUCTIONS TO
BIDDERS OR IN THE BID SHEETS. ANY AND ALL SPECIAL CONDITIONS THAT MAY VARY FROM THE GENERAL CONDITIONS SHALL HAVE PRECEDENCE. BIDDER AGREES
THAT THE PROVISIONS INCLUDED WITHIN THIS BID OR RFP SHALL PREVAIL OVER ANY CONFLICTING PROVISION WITHIN ANY STANDARD FORM CONTRACT OF THE
BIDDER REGARDLESS OF ANY LANGUAGE IN BIDDER'S CONTRACT TO THE CONTRARY.
1.1
CLARIFICATION /EXPLANA TION /OUESTIONS:
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@>sibft.net or via facsimile (305) 792-1563
or via regular mail at: Jane A. Hines, CMC, City Clerk, City of
Sunny Isles Beach, IB070 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 w~hout legal effect. No plea of ignorance
or delay or required need of additional information shall exempt a
Proposers from submitting their Bid on the required date and time
as publicly noted.
1.2
PLAN HOLDER'S LIST:
As a convenience to vendors, the City of Sunny Isles Beach has
made available via internet lists of all plan holders for each Request
for Proposal, Request for Proposal, and request for qualifications.
The information is available on-line at www.demandstar.com or by
calling the Office of the City Clerk at (305) 792-1703.
1.3
ADDENDA TO SPECIFICATIONS:
If any addenda are issued after the in~ial 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 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 I(BOO) 955-B771
(TDD).
1.5
PUBLIC ENTITY CRIMES STATEMENT:
Pursuant to the provisions of paragraph (2) (a) of section 2B7.133,
Florida statutes -"a person or affiliate who has been placed on the
convicted vendor list following a conviction for a publiC entity crime
!!!aLllQt 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 w~h any
public entity, and may not transact business with any publiC entity
in excess of the threshold amount provided in section 2B7.107, 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
w~hin this document.
1.7
SEALED BID:
The entire Bid Response Package shall be placed in an opaque
envelope (w~h all items listed on the Bid checklist form and all
other items required within this Request for Proposal must be
executed) and submitted in a sealed envelope.
1.B
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 w~hdrawal 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 Request for Proposal. 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 ~s sole discretion, reserves the right to inspect any/ali
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
governments in Florida, or comparable private entrries, 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,
City of Sunny Isles Beach I Invitation to Bid No. 12-01-05
requirements, and terms as determined by the City,
shall be just cause for cancellation of the Award.
1.11.3 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 w~h 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.
1.12
AGREEMENT:
After the Bid award, the City will, at its option, prepare an
Agreement specifying the terms and conditions resu~ing 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 Bond.
The Proposers who has the Contract awarded to them and who
fails to execute the Agreement and furnish 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 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 w~hin 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 concerning the mer~s of
items Bid as equals.
1.15
MATERIAL:
Material(s) delivered to the City under this Bid shall remain the
property of the seller untii 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 items, when required, must be furnished by the
Proposers free of charge to the City. Each individual sample must
be labeled w~h 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 guaranty 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 quantities 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 governmental restrictions may be imposed which
would necessitate alteration of the material quality, workmanship,
or performance of the items offered on this Bid prior to their
delivery, it 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, including
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
occupationai 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/Guaranty and complete
all forms for Warranty/Guarantee coverage under this Contract.
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 fOCCUPATIONAlLICENSE
REGISTRATION):
The contractor shall be responsible for obtaining and maintaining
throughout the contract period his or her city and county iocal
business tax receipts. Each vendor submitting a Bid on this
Request for Proposal shall include a copy of the company's local
business tax/occupational Iicense(s) w~h the Bid resonnse. For
information specific to City of Sunny Isles Beach local business
taxfoccupationallicenses, please call Code Enforcement & Licensing
at (305) 792-1705. If the contractor is operating under a fict~ious
name as defined in Section B65.059, Florida Statutes, proof of
current registration with the Florida Secretary of State shall be
submitted with the Bid. A business formed by an attorney activeiy
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
w~h the Division of Corporations of the State of Fiorida.
1.23
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 resuit 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, Miami-Dade County, and City of
Sunny Isles Beach Code. Contractors shall include current Miami-
Dade County Certificates of Competency. These documents shall
City of Sunny Isles Beach I Request for Proposal No. 12-01-05
be furnished to the City along w~h the Bid resoonse. Failure to
furnish these documents or to have required licensor will be
grounds for rejecting the Bid. .
1.24 CERTIFICATEfSl OF INSURANCE:
Proposers shall furnish to the Office of the City Clerk, City of Sunny
Isles Beach, IB070 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 "add~ional 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 subm~ certificates of insurance as
outlined in the General Conditions section. All required insurances
shall name the City of Sunny Isles Beach as add~ional 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 shall be in wr~ing, and shall be subm~ed 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.
1.25
ASSIGNMENT:
The Contractor shall not transfer or assign the performance
required by this Bid without prior written consent of the City
Manager. Any award issued pursuant to the Request for Proposal
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, 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 sore discretion.
1.26 HOLD HARMLESS/INDEMNIFICATION:
The Contractor shall indemnify, hold harmless, and defend the City
of Sunny Isles Beach, ~'s officers, agents and employees from and
against any claims, demands or causes of action of whatsoever
kind or nature arising out of error, omission, negligent act, conduct,
or misconduct of the Contractor, their agents, servants or
employees in the provision of goods or the performance of services
pursuant to this Bid and / or from any procurement decision of the
City including w~hout Iim~ation, awarding the Contract to the
Contractor.
1.27
NON-CONFORMANCE TO CONTRACT:
The City of Sunny Isles Beach may w~hhold acceptance of, or
reject items which are found upon examination, not to meet the
specification requirements. Upon wr~en notification of rejection,
items shall be removed w~hin (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
deiivery schedules may resu~ in the Contractor being found in
default.
1.28
DEFAULT PROVISION:
In case of default by the Proposers, the City of Sunny Isles Beach
may procure the articles or services from other sources and hold
the Proposers responsible for any excess costs occasioned or
incurred thereby.
1.29
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 w~hout violating the intent of the Contract.
1.30
DEFINITIONS:
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:
Acceptance by the City of the Work as
being fully complete in accordance with
the Contract Documents subject to
waiver of claims.
Agreement:
The wr~en Agreement between the City
and the Contractor covering the Work to
be performed, which includes the
Contract Documents.
Addenda:
Wr~en 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.
Approved:
Means approved by the City.
Bid:
The offer of the Proposers submitted on
the prescribed form setting forth the
prices for the Work to be performed.
Proposers:
Any person, firm or corporation
submitting a Bid for Work.
Bonds:
Bid, performance bond and other
instruments of security, furnished by the
Contractor and their surety in
accordance w~h the Contract
Documents and in accordance with the
law of the State of Florida.
Change Order:
A wr~en 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:
City of Sunny Isles Beach, IB070 Collins
Avenue, Sunny Isles Beach, Florida
33160.
Contract Documents: 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 Cond~ions,
Special Conditions, the Technical
Specifications, Drawings and
Modifications, Notice to Proceed,
Request for Proposal, Insurance
Certificates, Change Orders and
City of Sunny Isles Beach I Request for Proposal No. 12-01-05
Contract Price:
Contract Time:
Contracting Officer:
Contractor:
Day:
Field Order:
Modification:
Notice of Award:
Samples:
Specifications:
Acknowledgment of Conformance w~h
the City of Sunny Isles Beach.
Written Notice:
The term "Notice" as used herein shall
mean and include all wrtten notices,
demands, instructions, claims, approvals
and disapproval's required to obtain
compliance w~h Contract requirements.
Wrtten 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.
The totai 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.
1.31
BID AWARD:
A wrtten order issued by the City which
clarifies or interprets the Contract
Documents or orders minor changes in
the Work.
The City reserves the right to reject any and all Bids at its sole
discretion. Bids shall be awarded by the City after the City
performs all necessary searches, inquiries, exploration, and analysis
of the Bids. The Bid shall be awarded to the lowest responsible
and responsive proposer whose Bid best serves the interests of and
represents the best value to the City in conformity with the cr~eria
set forth in Section 62-B of the City Code. No Notice of Award will
be given until the City has concluded any investigation(s) as they
deem necessary to establish the Proposer's capability to perform
the Services as described in this RFP, ITB, RFQ or ITQ, as
substantiated by the required professional experience, client
references, technical knowledge and qualifications; and sufficient
labor and equipment to comply w~h 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 w~hin 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 necessariiy the
lowest dollars and cents proposers on the basis of the resu~s of
these queries and investigation(s).
Modification means anyone of the
following: (a) a written amendment of
the Contract Documents signed by both
parties, (b) a Change Order, (c) a
wrtten 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 wrtten 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.
Physical examples which illustrate
materials, equipment or workmanship
and establish standards by which the
Work will be judged.
1.32 EXECUTION OF AGREEMENT:
Those portions of the Contract
Documents consisting of written
technical descriptions of materials,
equipment, construction systems,
standards and workmanship as applied
to the Work.
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 within ten (10) calendar days of
receipt of the Notice of Award.
1.33
lAWS AND REGULATIONS:
Statement of Services: The form furnished by the City which is
to be used by the Contractor in
requesting progress payments.
Supplier:
Work:
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 Contractor will give all notices and comply w~h all laws,
ordinances, rules and regulations applicable to the Work. If the
Contractor observes that the Specifications are at variance
therewith, they will give the City prompt written notice thereof, and
any necessary changes shall be adjusted by an appropriate
modification. If the Contractor performs any Work knowing it to be
contrary to such laws, ordinances, rules and regulations, and
w~hout such notice to the City, they will bear all costs arising
wherefrom.
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
and other incidentals, and the furnishing
thereof.
1.34
TAXES:
The City of Sunny Isles Beach is exempt from sales tax imposed by
the State and/or Federal Government. Florida Sales Tax Exemption
No. 23-00-477131-54C appears on each purchase order.
Exemption certificates are available upon request.
City of Sunny Isles Beach I Request for Proposal No. 12-01-05
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 hold harmless the City, ~ 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 w~h 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 attorneys' fees arising out
of or resutting 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 ~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
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 See. 725.06 (2), F.5. is
applicable to this Work, then in lieu of the above provisions of this
section the parties agree that Contractor shall indemnify, defend
and hold harmless the City, their officers and employees, to the
fullest extent authorized by Sec. 725.06 (2) F.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 su~s and actions of every name
and description that may be brought against City, excluding only
those which allege that the injuries arose out of the sole negligence
of City, which may result from the operations and activities under
this Contract whether the Work be performed by Contractor, its
Sub-Contractors, or by anyone directly or indirectiy employed by
either.
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 generai 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 m~ke 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 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 defautt, 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 w~hout 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 .
1.38
MISCELLANEOUS:
1.38.1
Proposers acknowledge the following miscellaneous cond~ions:
1.3B.2
1.38.3
1.38.4
Whenever any provision of the Contract Documents
requires the giving of wr~en 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
Cond~ions, 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 I 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 wr~ing 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:
1.41
VENUE:
The Contract shall be construed in accordance w~h and governed
by the law of the State of Florida.
City of Sunny Isles Beach I Request for Proposal No. 12-01-05
Venue of any action to enforce the Contract Documents shall be in
Miami-Dade County, Florida.
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.
1.42
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 Arb~ration 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 ne~her party prevails on the
whole, each party shall be responsible for a portion of the costs of
arbitration and their respective attorneys' fees as may be
determined by the court on confirmation.
1.44
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.
1.45
INDEPENDENT CONTRACTOR:
1.43
PROJECT RECORDS:
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 as
officers, employees, or agents of the City. Personnel policies, tax
responsibil~ies, social security and heatth 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
relate to the Project. Contractor shall retain and make available to
End of Section
City of Sunny Isles Beach I Request for Proposal No. 12-01-05
Section 2
Special Terms and Conditions
2.1 PURPOSE OF BID:
The purpose of this solicitation is to establish a contract for the rental of event rides, tents,
tables, arts & craft booths, carnival games and chairs in conjunction with the needs of the City
on an as needed when needed basis.
2.2 PRE-BID CONFERENCE (NON-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. This contract shall remain in effect for four (4)
year; provided that the services rendered by the Proposer during the contract period are
satisfactory .
2.4 OPTIONS TO RENEW
Intentionally Omited
2.5 METHOD OF AWARD
Award of this contract will be made to all responsive, responsible vendors who meet the
minimum qualifications set forth in this solicitation. Those qualifications are as follows:
. Must show proof that they conduct background checks on all employees
. Provide a minimum of three (3) references in which similar goods and/or services have
been provided within the past three (3) years including scope of work, contact names,
addresses, telephone numbers and dates of service. A contact person shall be someone
who has personal knowledge of the contractor's performance for the specific requirement
listed. Contact person must have been informed that they are being used as a reference
and that the City may be calling them. DO NOT list persons who will be unable to
answer specific questions regarding the requirement.
. Provide a list of all equipment including tables, chairs, tents mechanical rides and booths
that will be available/used to complete the work as outlined in the Scope of Work.
City of Sunny Isles Beach I Request for Proposal No. 12-01-05
These vendors shall then be deemed to be pre-qualified to participate in subsequent spot market
purchases as required by the City on either an as-needed or on a periodic basis. When such spot
market purchases are initiated, the pre-qualified vendors shall be invited to offer a fixed price for
a specific individual purchase, or a specific purchasing period. The vendor then offering the
lowest fixed price shall be awarded for the specific period or specific purchase. The award to one
vendor for a specific period or individual action does not preclude the remaining pre-qualified
vendors from submitting spot market offers for other specific purchases.
It shall be the sole prerogative of the City as to the number of vendors who will be initially
included under this contract. During the term of this contract, the City reserves the right to add
or delete vendors as it deems necessary in its best interests. If the City elects to add vendors,
they must meet the same minimum qualifications established for the original competition.
2.6 PRICE
If the Proposer is awarded a contract under this solicitation, the discounts proposed by the
proposer shall remain fixed and firm during the Initial term of contract and each subsequent
renewal.
2.7 PERFORMANCE BOND
Intentionally Omitted
2.8 DELIVERY
All bidders shall quote prices based on F.O.B. Destination and shall hold title to the goods until
such time as they are delivered to, and accepted by, an authorized City representative
2.9 INDEMNIFICATION
Comprehensive General 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
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 Da mage
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.
City of Sunny Isles Beach I Request for Proposal No. 12-01-05
Business Automobile Liability with mlnrmum 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 and;
o Employers' Non-Ownership.
Before starting the Work, the vendor 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 vendor agrees that if any part of the Work under the Contract is sublet, they will require the
Sub-vendor(s) to carry insurance as required, and that they will require the Sub- vendor(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
The vendor shall submit an invoice to the City user department(s) that requested the items
through a purchase order. The date of the invoices shall not exceed thirty (30) calendar days
from the delivery of the items. Under no circumstances shall the invoice be submitted to the City
in advance of the delivery and acceptance of the items. In addition to the general invoice
requirements stated below, the invoice shall reference (or include a copy of) the corresponding
delivery ticket number or packing slip number that was signed by an authorized representative of
the City user department at the time the items were delivered and accepted.
All invoices shall contain the following basic information:
I. Vendor Information:
. The name of the business organization as specified on the contract
City of Sunny Isles Beach I Request for Proposal No. 12-01-05
between City of Sunny Isles Beach and vendor
. Date of invoice
. Invoice number
. Vendor's Federal Identification Number on file with the City
II.
City Information:
· City of Sunny Isles Beach Purchase Order Number
III.
Pricing Information:
. Unit price of the goods, services or property provided
. Extended total price of the goods, services or property
· Applicable discounts
IV. Goods or Services Provided per Contract:
. Description
. Quantity
V. Delivery Information:
. Delivery terms set forth within the City of Sunny Isles Beach Purchase Order
. Location and date of delivery of goods, services or property
VI. Failure to Comply:
. Failure to submit invoices in the prescribed manner will delay 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 ACCEPTANCE OF PRODUCT BY THE CITY
City of Sunny Isles Beach I Request for Proposal No. 12-01-05
The product(s) to be provided hereunder shall be delivered to the City, and maintained if
applicable to the contract, in full compliance with the specifications and requirements set forth in
this contract. If a vendor-provided product is determined to not meet the specifications and
requirements of this contract, either prior to acceptance or upon initial inspection, the item will
be returned, at vendor expense, to the vendor. At the City's own option, the vendor shall either
provide a direct replacement for the item, or provide a full credit for the returned item. The
vendor shall not assess any additional charge(s) for any conforming action taken by the City
under this clause.
2.13 CATALOGS AND PRICE LISTS SHOULD BE SUBMITTED WITH OFFER
The vendor shall submit current price list(s) and catalog(s) with the initial offer. Failure to meet
this requirement may result in your offer being rejected. These documents shall be in effect at
the commencement of the contract and shall remain in effect for the life of the contract.
Upon request, the vendor shall provide additional sets of the product catalogs and
price lists at no additional cost to the County.
2.14 CLEAN-UP
All unusable materials and debris shall be removed from the premises at the end of each
workday, and disposed of in an appropriate manner. Upon final completion, the vendor shall
thoroughly clean up all areas where work has been involved as mutually agreed with the
associated user department's project manager.
2.15 COST ESTIMATES FOR EACH PROJECT
The vendor(s) shall be required to submit a written estimate on each prospective project under
this contract before a work order for that specific project is issued. The estimate must reflect the
regular hourly wages for each classification represented in this contract, and the percentage
discounts or mark-ups for materials and equipment that were quoted by the vendor on its initial
offer or the most current contract pricing. The estimate shall be itemized by the number of work
hours per classification, and by the cost of materials and equipment. Lump sum estimates shall
not be accepted. The City reserves the right to award the project based on the lowest written
estimate, or to reject all estimates when such action is determined to be in the best interests of
the City, and obtain the required services from another source of supply. The actual charge to
the City from an awarded vendor for a specific project shall not exceed ten percent (10%) of the
vendor's initial estimate without the expressed prior approval from an authorized agent of the
City.
2.16 LABOR. MATERIALS. AND EOUIPMENT SHALL BE SUPPLIED BY THE VENDOR
Unless otherwise provided in Section 3 (entitled "Technical Specifications"), of this solicitation the
vendor shall furnish all labor, material and equipment necessary for satisfactory contract
performance. When not specifically identified in the technical specifications, such materials and
City of Sunny Isles Beach I Request for Proposal No. 12-01-05
equipment shall be of a suitable type and grade for the purpose. All material, workmanship, and
equipment shall be subject to the inspection and approval of the City's Project Manager.
2.17 LICENSES, PERMITS AND FEES
The vendor shall obtain and pay for all licenses, permits and inspection fees required for this
project; and shall comply with all laws, ordinances, regulations and building code requirements
applicable to the work contemplated herein. Damages, penalties and or fines imposed on the
City or the vendor for failure to obtain required licenses, permits or fines shall be borne by the
vendor.
2.18 PURCHASE OF OTHER ITEMS NOT LISTED WITHIN THIS SOLICITATION BASED ON
DISCOUNTS FROM PRICE LISTS:
While the City has listed all major items within this solicitation which are utilized by City
departments in conjunction with their operations, there may be similar items that must be
purchased by the City during the term of this contract. For this reason, vendors are requested to
quote the percentage discount that will be offered to the City for items which do not appear on
this solicitation. This discount shall be offered for all items listed in nationally established annual
retail supply catalogs. The most recently published catalog shall serve as the basis for
establishing the retail price to be discounted.
2.19 RENTAL OF OTHER ITEMS NOT LISTED IN THIS SOLICITATION
BASED ON PRICE OUOTES
While the City has listed all major items within the scope of this solicitation which are utilized by
City departments in conjunction with its operations, there may be additional like items that must
be rented by the City during the term of this contract. Under these circumstances, a City
representative will contact the vendor and obtain a price quote for the additional like items. This
City representative will also obtain price quotes from at least two (2) other sources, if available.
The City reserves the right to award these additional like items to the vendor under this contract,
or another commercial source, based on the lowest price quoted. If the vendor under this
contract offers the lowest quotes, the award will be confirmed as a separate release or purchase
order between the vendor and the City.
END OF SECTION
City of Sunny Isles Beach I Request for Proposal No. 12-01-05
Section 3
Scope of Services 1 Technical Specifications
3.1 SCOPE OF SERVICES
It is the intent of this Invitation To Bid to select a qualified Contractor to provide various
equipment on a temporary rental basis for the City's special events or other events as they arise.
Prompt and timely delivery/set up and tear down are required as well as cooperation with City
Staff and other contractors at the event site.
The Contractor(s) shall provide all labor, transportation, equipment and materials for the delivery,
proper set up and take down installation where required, and removal of all rented equipment.
This equipment shall be utilized for City sponsored special events to be located in the designated
locations.
3.2 EOUIPMENT
All equipment to be installed on turf (where installation is required). It shall be the responsibility
of the Contractor(s) to deliver the equipment in a good, clean condition and to maintain and
repair any damages to the equipment during the rental period. Broken, damaged or equipment
delivered in poor condition will not be accepted by the City. Replacement equipment must be
delivered within 2 hours.
3.3 COMPANY REPRESENTITIVE
There must be an agent or supervisor on call who can be reached by telephone, beeper or
portable phone in case equipment problems arise after delivery. Supervisor or agent must
respond within 15 minutes of initial call and corrections made or replacement equipment
delivered within 2 hours of initial call. Time of pick up must be coordinated through assigned
City staff. Delivery and pick up of all items must be supervised by City staff.
3.4 CODE REOUIREMENTS
The vendor is responsible for installing fire extinguishers and related signs to meet code
requirements and contacting the appropriate inspection agency prior to staking any tents.
3.5 DAMAGES
The selected vendor shall repair damages to any existing utilities, equipment, lawn, and/or
finished surfaces resulting from the vendor performance of service, to the satisfaction of the City
at no cost.
3.6 EOUIPMENT TECHNICAL SPECIFICATIONS
3.6.1 TENT: PHYSICAL CHARACTERISTICS
City of Sunny Isles Beach I Request for Proposal No. 12-01-05
Tents shall be presentable, clean and of flame retardant material or be treated with
flame inhibiting chemicals, of which certificates may be requested. Tents must have
metal or fiberglass center poles. Tents that are 60' wide or larger shall not have wooden
poles for the main supporting poles. Tents found to be in unacceptable condition by the
City Representative shall be rejected.
3.6.1.1 TENT SET-UP. DISMANTLING AND REMOVAL
Vendor(s) shall provide, at its expense, all framing, tent materials and adequate,
competent personnel to erect and dismantle the tent on a timely basis mutually
agreed upon by the City Representative and the Contractor. Tents shall be able
to be set up on grass, asphalt and or concrete surfaces. Begin erection of tent on
day of rental, or prior day if approved by Parks Personnel to allow sufficient time
for event set-up. If prior day set-up is approved, the first day rate will be
applicable beginning on the rental event date.
3.6.2 TABLES: PHYSICAL CHARACTERISTICS
Round and rectangular stackable folding tables with straight or pedestal legs with
durable vinyl or metal edges around the top; tops to have wood grain colors.
Construction metal shall be of round, tubular steel or square tubular chrome steel. Table
legs must have a safety device to lock legs in place to avoid collapsing of table. The
frame and base are to be of unitized construction. The tops are to be solidly constructed
with plywood and can be 3/4" or 5/8" thick.
3.6.3 FOLDING CHAIRS: PHYSICAL CHARACTERISTICS
Wooden, metal, plastic (tubular steel) and white wooden. Chairs shall be furnished
with/without cushions or padding.
3.7 EVENT RIDES AND ATTRACTIONS
Various mechanical and inflatable rides to be provided with power inclusive and attendant for the
duration of the event hours, as needed. Attendant should speak English, be courteous, and
promote an enjoyable environment for all guests. Rides should be in clean and workable
condition. Vendor should coordinate and comply with all permitting and inspections, as needed.
3.8 LISTING OF MAJOR CITY EVENTS
4/7/12 - Egg Scramble
6/16/12 & 6/17/12 - City Anniversary Celebration
10/26 & 10/27/12 - Booogie by the Beach (Halloween event)
12/1/12 - Winter Fest
City of Sunny Isles Beach I Request for Proposal No. 12-01-05
END OF SEeTON
City of Sunny Isles Beach I Request for Proposal No. 12-01-05
DELIVER TO:
City of Sunny Isles Beach
City Clerk
18070 Collins Avenue
Sunny Isles Beach, FL 33160
INVITA TION TO BID
SECTION 4
BID SUBMITTAL FORMS
OPENING: 10:00 A.M.
02/13/2012
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:
01/27/2012
This Bid Submittal Consists of
Pages 19 through 24
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 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.
IFB 12-01-05
Event Rides and Carnival Related Equipment Rental
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 27 OF SECTION 4 BID SUBMITTAL WILL RENDER YOUR BID NON-
RESPONSIVE
City of Sunny Isles Beach I Request for Proposal No. 12-01-05
Percentage Discount
Must Attach Current List of Items
offered (With Pricing)
Percentage Discount off List Price (Tents) 0
%
Percentage Discount off List Price (Tables) 0
%
Percentage Discount off List Price (Chairs) 0
%
Percentage Discount off List Price % 0
(Mechanical Rides and Equipment)
Percentage Discount off List Price (Arts and % 0
Crafts booths)
Percentage Discount off List Price (Carnival % 0
Games)
Percentage Discount off List Price (Other % 0
equipment and materials otherwise not
specified)
Experience Record: List references who may be contacted to ascertain information on past and/or
present contracts, work, jobs, that BIDDER/PROPOSER has performed of a type similar to that required
by specifications of the City's Bid or RFP with whom you have done business with in the past three (3)
years:
FIRM NAME/ADDRESS
DATE OF JOB
DESCRIPTION OF JOB
CONTACT PERSON:
PHONE NO.:
City of Sunny Isles Beach I Request for Proposal No. 12-01-05
FIRM NAME/ADDRESS
DATE OF JOB
DESCRIPTION OF JOB
CONTACT PERSON:
PHONE NO.:
FIRM NAME/ADDRESS
DATE OF JOB
DESCRIPTION OF JOB
CONTACT PERSON:
PHONE NO.:
City of Sunny Isles Beach I Request for Proposal No. 12-01-05
SECTION 4
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:
D 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 Proposal No. 12-01-05
BID SUBMITTAL FORM
Bid Title: Event Rides and Carnival Related Equipment Rental
The undersigned Proposers proposes and agrees, if this Bid is accepted, to enter into an agreement with
The City of Sunny Isles Beach 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 Invitation to Bid 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 Proposer
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 Proposer understands and agrees that the Bid is for unit prices to furnish and install individual Work
Items, complete in place. Estimates are provided for the purposes of Bid Evaluation and to establish unit
prices for individual Work Items to be contracted by the City under individual Purchase Orders, based on
the unit prices established under this Bid.
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.
Firm Name:
City of Sunny Isles Beach I Request for Proposal No. 12-01-05
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 Proposal No. 12-01-05
AFFIDA VITS
City of Sunny Isles Beach I Request for Proposal No. 12-01-05
NON-COLLUSION AFFIDAVIT
City of Sunny Isles Beach
1B070 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
(Type of Business)
(State)
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 2B. 2010
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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
[pnnt ,na,v,dual s name and title]
for
[print name ot entity submllllng 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
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DECEMBER 2B. 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
101199B
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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 2B, 2010
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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,
with a local office in
of
and principal office in
18.1.
am
the
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.
18.9 In 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.
AFFIANT
Print or Type Name and Title
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 2B. 2010
50f7
DISPUTE DISCLOSURE
City of Sunny Isles Beach
1B070 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
Authorized Signature
Print or Type Name and Title
DECEMBER 2B, 2010
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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 2B. 2010
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