HomeMy WebLinkAboutSpecifications
Request for Qualifications
Goods & Services
DESIGN AND PERMITTING SERVICES OF THE
INTRACOASTAL PARKS
Request for Qualifications No. 12-04-04
Publish Date:
Bid Due and Bid Opening Date:
04/02/2012
05/01/2012 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 Request for Qualifications No. 12-04-04
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 18
Page 20
Page 22
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 Request for Qualifications No. 12-04-04
LEGAL ADVERTISEMENT
NOTICE TO BIDDER
NOTICE IS HEREBY GIVEN that the City of Sunny Isles Beach is seeking sealed Bids for the following
work as specified.
DESIGN AND PERMITTING SERVICES OF THE INTRACOASTAL PARKS
Request for Qualifications No. 12-04-04
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. Bidders 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.
Sealed Bids will be received by the City Clerk no later than 10:00 AM, on Tuesday, 05/01/2012 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. 12-04-04
DESIGN AND PERMITTING SERVICES OF THE INTRACOASTAL PARKS
OPENING DATE AND TIME: Tuesday, 05/01/2012 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 Request for Qualifications No. 12-04-04 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
SECTION 1
City of Sunny Isles Beach I Request for Qualifications No. 12-04-04
INSTRUCTIONS TO BIDDER 1 GENERAL TERMS AND CONDITIONS
1.1 CLARIFICATION/EXPLANATION/OUESTIONS: 1.7 SEALEO BID:
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(olsibfl net or via facsimile (305) 792-1563
or via regular mail at: Jane A. Hines, CMC, City Clerk, City of
Sunny Isles Beach, lB070 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.
The entire Bid Response Package shall be placed in an opaque
envelope (w~h all items listed on the Bid checklist form and ail
other ~ems required within this Request for Qualifications 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 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:
1.2
PLAN HOLDER'S LIST:
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.
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 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 Clerk at
(305) 792-1703.
1.10
BID OPENING:
1.3
ADDENDA TO SPECIFICATIONS:
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 returned.
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 w~h 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.
1.11
EVALUATION OF BIDS:
1.4
SPECIAL ACCOMMODATIONS:
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 iocal
governments in Florida, or comparable private ent~ies, will be
taken into consideration in the Award of the Contract.
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 (305) 792-1703 at lease five (5)
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 I(BOO) 955-B771
(TOO).
1.5
PUBLIC ENTITY CRIMES STATEMENT:
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 concerning a question of fact
arises under the Contract, other than termination for
default or convenience, the Contractor and the City
department responsibie 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.
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
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 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 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".
1.12
AGREEMENT:
1.6
BID DEADLINE:
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.
Bids must be submitted no later than the time and date shown
w~hin this document.
City of Sunny Isles Beach I Request for Qualifications No. 12-04-04
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 Secur~ that accompanied their Bid, and the Bid Security shall
be retained as liquidated damages by the City, and ~ is agreed that
this surn is a fair estimate of the amount of damages the City will
sustain in case the Proposers faiis 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.
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 items under Warranty/Guarantee and
complete all 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.
1.13
PAYMENTS:
1.21
COPYRIGHTS/PATENT RIGHTS:
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.
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.
1.14 BRAND NAMES:
1.22
LOCAL BUSINESS TAX (OCCUPATIONAL LICENSE
REGISTRATIONl:
----,
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:
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 include 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 & Licensing
at (305) 792-1705. If the contractor is operating under a fictitious
name as defined in Section 865.059, Florida Statutes, proof of
current registration with the Florida Secretary of State shall be
submitted with the Bid. A business formed by an attomey 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
w~h the Division of Corporations of the State of Florida.
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 suppiied 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.
1.23
LIABILITY. INSURANCE. PERMITS AND LICENSES:
1.17
OUANTITY GUARANTY:
Proposers shall assume the full duty, obligation, and expense of
obtaining all necessary licenses, permits, inspections, and insurance
required. The Proposers shall be liable for any damages or loss to
the City occasioned by negligence of the Proposers (or their agent)
or any person the Proposers has designated in the completion of
their contract as a result of the Bid. Contractor shall be required to
furnish a copy of all licenses, certificates of competency or other
licensor requirements necessary to practice their profession as
required by Florida State Statute, current building code, Miami-
Dade County, and City of Sunny Isles Beach Code. Contractors
shall include current Miami-Dade County Certificates of
Competency. These documents shall be furnished to the City along
w~h the Bid resoonse. Failure to furnish these documents or to
have required licensor will be grounds for rejecting the Bid.
No guarantee or warranty is given or implied by the City as to the
total amount that mayor may not be purchased from any resulting
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.
1.1B
GOVERNMENTAL RESTRICTIONS ON MATERIALS:
1.24
CERTlFICATE(Sl OF INSURANCE:
1.19
SAFETY STANDARDS:
Proposers shall furnish to the Office of the City Clerk, C~ of Sunny
Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Fiorida
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 C~y 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
In the event any governmental restrictions may be imposed which
would necessitate alteration of the material quality, workmanship,
or performance of the ~ems 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.
City of Sunny Isles Beach I Request for Qualifications No. 12-04-04
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 additional insured and
such insurance shall be issued by companies authorized to issue
insurance in the State of Florida. It shall be the responsibility of
the Proposers and insurer to notify the City Manager of the City of
Sunny Isles Beach of cancellation, lapse, or material modification of
any insurance policies insuring the Proposers, which relate to the
activities of such vendor and the City of Sunny Isles Beach. Such
notification 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.
Wherever used in these General Conditions or in the other Contract
Documents, the following terms shall have the meaning indicated
which shall be applicable to both the singular and plural thereof:
Acceptance:
A9reement:
Addenda:
Acceptance by the City of the Work as
being fully complete in accordance w~h
the Contract Documents subject to
waiver of claims.
The wr~en Agreement between the City
and the Contractor covering the Work to
be performed, which includes the
Contract Documents.
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.
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 wr~en 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 wr~en notice, at City's sole
discretion.
Bid:
Approved: Means approved by the City.
1.25
ASSIGNMENT:
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 subm~ing a Bid for
Work.
1.26 HOLD HARMLESS/INDEMNIFICATION:
Change Order:
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 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.
City:
1.27
NON-CONFORMANCE TO CONTRACT:
Contract Documents:
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
delivery schedules may resu~ in the Contractor being found in
default.
1.28
DEFAULT PROVISION:
In case of default by the Proposers or Contractor, the City of Sunny
Isles Beach may procure the articles or services from other sources
and hold the Proposers or Contractor responsible for any excess
costs occasioned or incurred thereby.
1.29
SECONDARY/OTHER VENDORS:
Contract Price:
The City reserves the right in the event the primary vendor cannot
provide an item(s) or service(s) in a timeiy manner as requested, to
seek other sources w~hout violating the intent of the Contract.
Contract Time:
1.30
DEFINmONS:
City of Sunny Isles Beach I Request for Qualifications No. 12-04-04
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.
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 of Sunny Isles Beach, 18070 Collins
Avenue, Sunny Isles Beach, Florida
33160.
Contract Documents shall
include, Instructions to
Proposers, Contractor's
Bid, the Bends, the Notice
of Award, the Agreement
between the C~ 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.
The total monies
Contractor under
Documents.
payable to the
the Contract
The number of calendar days stated in
the Agreement for the completion of the
Work.
Contracting Officer:
Contractor:
Day:
Field Order:
Modification:
Notice of Award:
Samples:
The individual who is
authorized to sign the
contract documents on
behalf of the City's
governing body.
Written notice shall be deemed to have
been duly served if delivered in person
to the individual or to a member of the
firm or to an officer of the corporation
for whom it is intended, or to an
authorized representative or such
individual, firm, or corporation, or if
delivered at or sent by registered mail to
the last business address known to
them who gives the notice. Unless
otherwise stated in writing, any notice
to or demand upon the City under this
Contract shall be delivered to the City.
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 written 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 w~h the criteria
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 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 w~h 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 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 means anyone of the
following: (a) a written amendment of
the Contract Documents signed by both
parties, (b) a Change Order, (c) a
written clarification or interpretation if
issued by the City, or (d) a written order
for minor change or alteration in the
Work issued by the City. A modification
may only be issued after execution of
the Agreement.
The written notice by City to the
apparent successful Proposers stating
that upon compliance w~h 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.
Specifications: Those portions of the Contract
Documents consisting of written
technical descriptions of materials,
equipment, construction systems,
standards and workmanship as applied
to the Work.
1.32
EXECUTION OF AGREEMENT:
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.
Statement of Services: The form furnished by the
City which is to be used by
the Contractor in
requesting progress
payments.
1.33
LAWS AND REGULATIONS:
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.
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.
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
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.
1.3S
DUTY TO DEFEND. INDEMNIFY AND SAVE HARMLESS:
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.
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
City of Sunny Isles Beach I Request for Qualifications No. 12-04-04
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 resu~ing 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.s. is
applicable to this Work, then in lieu of the above provisions of this
section the parties agree that Contractor shall indemnify, defend
and hold harmless the City, their officers and employees, to the
fullest extent authorized by Sec. 725.06 (2) F.S., which statutory
provisions shall be deemed to be incorporated herein by reference
as if fully set forth herein. In the event that any action or
proceeding is brought against City by reason of any such claim or
demand, Contractor, upon written notice from City shall defend
such action or proceeding by counsel satisfactory to City. The
indemnification provided above shall obligate Contractor to defend
at its own expense or to provide for such defense, at City's option,
any and all claims of liability and all suits and actions of every name
and description that may be brought against City, excluding only
those which allege that the injuries arose out of the sole negligence
of City, which may result from the operations and activities under
this Contract whether the Work be performed by Contractor, its
Sub-Contractors, or by anyone directly or indirectly 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 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
debtors act, or to reorganize under bankruptcy or similar laws, or if
they repeatedly fails to supply sufficient skilied 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 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 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 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:
1.38.2
1.3B.3
1.3B.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
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, 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 with and governed
by the law of the State of Florida.
1.42
ARBITRATION:
Venue of any action to enforce the Contract Documents shall be in
Miami-Dade County, Florida.
City of Sunny Isles Beach I Request for Qualifications No. 12-04-04
It is the intention of the parties that whenever possible, if a dispute
or controversy arises hereunder then such dispute or controversy
shall be settled by arbitration in accordance with the procedures,
rules and regulations of the American Arbitration Association. The
decision rendered by the Arbitrator shall be final and binding upon
the parties and judgment upon the award rendered by the
arbitrator may be entered in any court having jurisdiction.
Arbitration shall be held in Miami-Dade County, Florida. All costs of
arbitration and attorneys' fees incurred by the parties shall be paid
by the non-prevailing party or, if 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.
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.
1.44
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.
1.43
PROJECT RECORDS:
1.45
INDEPENDENT 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
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
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. Perscnnel 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.
End of Section
City of Sunny Isles Beach I Request for Qualifications No. 12-04-04
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 consulting 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. The contract will terminate upon completion
of all services described in this RFQ.
2.4 OPTIONS TO RENEW
Intentionally Omitted
2.5 PRICE
Intentionally Omitted
2.6 PERFORMANCE AND PAYMENT BOND
Intentionally Omitted
2.7 DELIVERY
Intentionally Omitted
2.8 INSURANCE
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
City of Sunny Isles Beach I Request for Qualifications No. 12-04-04
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. 12-04-04
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 (AIA 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.
NOTIFICATION TO BEGIN WORK SHALL BE GIVEN THROUGH A
NOTICE TO PROCEED:
2.11
The proposer shall neither commence any work, nor enter a City work premise, until a written
Notice to Proceed (NTP) directing the proposer to proceed with the work has been received by
the proposer from any authorized City representative; provided however, that such notification
shall be superseded by any emergency work that may be required in accordance with provisions
included elsewhere in this solicitation and resultant contract.
2.12 PROPOSALS
The City reserves the right to reject all or any offer.
2.13 LATE BIDS
The City reserves the right to reject or accept late bids.
END OF SECTION
City of Sunny Isles Beach I Request for Qualifications No. 12-04-04
Section 3
Scope of Services 1 Technical Specifications
3.0 SCOPE OF SERVICES
The City of Sunny Isles Beach, Florida (the 'City") requests qualified proposers ['Proposers") to
submit proposals to provide comprehensive full-scale conceptual, architectural, design, surveying,
civil, utility, landscaping, permit preparation/permitting, specifications and construction
documents necessary for the landscaping sod, shrubs, trees and irrigation along with concrete
paver walks and structural screen walls and fencing along the waterways to facilitate the
construction of two Intracoastal Parks CParks") within the City located at the following addresses:
. 16100 - 16200 Collins Avenue
. 16000 - 16050 Collins Avenue
Each Proposer shall incorporate sufficient information in the conceptual drawings, construction
plans, specifications and drawing notes in order to permit as well as provide to the City
documents suitable for RFP by the City a permitted and 100% turnkey complete project.
The work shall be divided into two (2) separate but coordinated Park sites to ensure that
regardless of one, the other can be completed without being dependent on the other. Each park
site location is geometrically different one from the other. The expressed concept the City
requests is the development of "passive parks":
. Predominately green sodded lawn spaces with a concrete paver walk to meander north/south
through the Poinciana Drive entrance road which bisects the four parcels thereby connecting
each of the parcels together.
. The Parks shall also share the concept of a screen wall along the western boundary of the
parcels along the seawall.
. This concrete masonry wall shall be interrupted periodically by aluminum fencing to allow for
water views.
. The wall shall be constructed with a finish and character to match that of the Atlantic Isles
development on the north end complete with decorative/lighted pedestal columns and stone
veneer.
. The fencing shall match the aluminum fencing installed throughout the City.
. The park at 16000 - 16050 Collins Avenue may include a play structure in the NW or SW
corner.
. None of the parks will require parking facilities.
City of Sunny Isles Beach I Request for Qualifications No. 12-04-04
. Landscaping along the eastern edge of both parks adjacent to Collins Avenue will be identical
to that of the landscaping the City is installing all along Collins Avenue, including Medjool
palms and Green Island Ficus.
. The Poinciana Drive entrance will be modified to better integrate with the new parks. This
will require demolition of some of the existing infrastructure at this entrance and the
installation of a new fence on both sides of the drive that allows reasonably clear site lines
from one park to the other. This portion of the project design will be subject to the approval
of the Poinciana Board of Directors.
The site at 16200 Collins Ave has already been demolished of existing structures with the
exception of a wall remaining at the southern and western boundary. The site has been graded,
sodded and irrigated. The walls must be demolished. There is a grade difference between 16200
Collins Avenue and 16100 Collins Avenue that will have to be addressed.
The sites at 16050/16000 Collins Ave have recently been demolished and will be graded, sodded
and irrigated as is 16200 Collins Avenue.
The site at 16100 Collins Ave is scheduled to be demolished in May 2012 and will be graded,
sodded and irrigated as is 16200 Collins Avenue. Irrigation meters for both parks will be in place.
Consideration MUST be given to additional site demolition above and below grade that may be
required to complete the scope of this contract. Topographic surveys and existing
conditions/utilities will be necessary to be evaluated and are a scope of this contract. Removal of
existing vegetation & above and below ground structures shall be considered. Final grade
elevations within each parcel and between each adjoining site, final grade elevations at the
existing sea walls at the rear of each property are elements that must be incorporated into the
design.
Electrical connections for lighting, irrigation control and utility electrical service are required.
Installation of water service meters and the coordination with CNMB as water provider may be
required. Landscaping shall consist of plant material all of which shall complement the
surrounding area and adjacent communities. Structural analyses of any remaining wall, sea wall
or above-ground improvements shall be part of the scope.
The City shall reserve the right to modify or revise any and all aspects of the design prior to
implementation and permitting. In addition to other items listed within this RFP, the services
requested from the Proposer shall include, but shall not be limited to, the following sections:
3.1 COORDINATION
Coordination with other vendors, sub-consultants, sub-contractors, suppliers, material men, City
staff, maintenance personnel, and others is required to ensure that the project is completed in a
satisfactory manner acceptable to the City.
3.2 CONCEPTUAL DRAWINGS/RENDERINGS
City of Sunny Isles Beach I Request for Qualifications No. 12-04-04
Preparation of complete conceptual drawings/renderings: These renderings shall be discussed
with City staff. Any modifications requested by the City shall be incorporated into a new
rendering at the cost of the Proposer. A written approval for the conceptual drawing for is
required prior to the commencement of the design process.
3.3 SURVEYS
The City requires that the Proposer prepare surveys for the sites necessary to complete
construction drawings and obtain permits. Surveys shall be inclusive of underground lines
verified in the field by the Proposer. No adjustment in costs shall be provided to the Proposer in
the event of conflicts with underground lines not verified in advance and/or overlooked.
3.4 SCHEDULE OF VALUES
A complete schedule of values must be provided at the time a notice to proceed (NTP) is issued.
3.5 DRAWINGS
Preparation of 100% design and calculation for a complete installation that is acceptable to the
City and permissible by all agencies having jurisdiction. Design must be in full compliance with
all pertinent Florida Building Codes, federal, state, and municipal regulations, as well as municipal
ordinances that are applicable for the intended construction type.
3.6 PERMITS
Proposer is responsible for applying for and obtaining all permits and paying for all permit fees
(excluding City of Sunny Isles Beach fees). Any documentation necessary to obtain permits as
required by the agencies having jurisdiction shall be obtained at the sole cost of the Proposer.
The City of Sunny Isles Beach does not provide any documentation for permitting.
3.7 PRE-DESIGN SERVICES
. Provide a complete certified topographic survey for each site for the use of the Proposer to
finalize a permittable set of construction drawings acceptable to the City.
. Provide all geotechnical reports required to justify any aspect of the proposed design that
may be necessary.
. Provide any and all subconsultant and subcontractor work needed to provide the City with a
complete turnkey project.
.
. Provide acceptable project conceptual renderings to present to City staff prior to finalizing a
specific design.
City of Sunny Isles Beach I Request for Qualifications No. 12-04-04
. Coordinate meetings with City staff/City consultants to discuss elements of the project
necessary to finalize a design that will require Commission approval. Proposer shall be
available for said presentations upon request.
3.8 DESIGN SERVICES
. Provide complete design services once the conceptual approval of the design has been
provided by the City Manager.
. Provide drawings at 30%, 60%, 90%, and 100% permittable. Proposer shall coordinate with
all agencies having jurisdiction and must comply with all requests made by said agencies.
These agencies may include but are not limited to Miami Dade County, the City of North
Miami Beach, City of Sunny Isles Beach, the Florida Department of Environmental Protection,
the US Coast Guard, the Army Corps of Engineers, PERA and others as necessary.
. Provide services needed in order to obtain final permit sets. This may include attending
development review meetings or any other number of meetings that may be required in
order for the City to accept and approve any aspect of the concept to be provided.
. Provide electronic and hardcopies of any design developed in sufficient quantities as required
by the City representative.
. Coordinate and present conceptual, progress and final design to commission
. Provide all aspects of pre-design services depicted in the pre-design services above.
3.9 CONSTRUCTION SERVICES
. Provide complete construction administration services to ensure that the project or projects
are completed in accordance with the City requirements.
. Process Contractor's Request for Information (RFI'S) and Submittals
. Process Contractor's Change Order requests and Pay Applications
3.10 FIELD VERIFICATION
. Proposer must perform all necessary field verifications to ensure that all aspects of existing
elements are CLEARLY understood. Proposer must base the design on field information. No
additional compensation shall be provided to the vendor for field conditions not understood
and/or observed.
. Proposer must take into consideration the location of all underground utilities prior to
designing the foundations of the structures.
. Field verification is required for surface and subsurface lines and shall be part of the
proposers cost associated with the design development.
City of Sunny Isles Beach I Request for Qualifications No. 12-04-04
. Soil conditions (geotechnical report) shall be provided by the proposer to ensure an adequate
design. The City does not have a geotechnical report for soil classification or load bearing
capacity at the locations.
3.11 ADDITIONAL SCOPE FOR ARLEN HOUSE
An "add on" to the scope of services under this proposal shall consist of providing conceptual
drawings, architectural design, structural, civil, utility, landscape,. construction documents and
permitting approvals for a streetscape improvement along Collins Avenue Arlen House
Condominium (from Bay view Drive to the southern city limits). Generally, this work will include a
+j_ 30' wide landscape area between existing private properties and the avenue as well as a ]'
high replacement wall to separate the properties from the pedestrians.
END OF SECTON
City of Sunny Isles Beach I Request for Qualifications No. 12-04-04
Section 4
Evaluation Process
4.1 REVIEW OF PROPOSALS FOR RESPONSIVENESS
Each proposal will be reviewed to determine if the proposal is responsive to the
submission requirements outlined in the solicitation. A responsive proposal is one which
follows the requirements of this solicitation that includes all documentation, is submitted
in the format outlined in this solicitation, is of timely submission, and has the appropriate
signatures as required on each document. Failure to comply with these requirements
may result in the proposal being deemed non-responsive. The contract will be awarded
to the lowest responsible and responsive proposer whose proposal best serves the
interest of and represents the best value to the City in conformity with section 62-8 of
the City code.
4.2 OUALlFICATlONS
Proposals shall include the following:
Technical Oualifications
1. Proposer's relevant experience, qualifications and past performance.
2. Relevant experience and qualifications of key personnel.
3. Proposers approach methodology to providing the services requested in this
solicitation.
4. Proposed solution functionality, implementation, other objectives and requirements
as stated
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 Neaotiations
The City may award a contract on the basis of initial offers received, without discussions.
Therefore, each initial offer should contain the Proposer's best terms from a monetary
and technical standpoint.
Notwithstanding the foregoing, if the City and said Proposer(s) cannot reach agreement
on a contract, the City reserves the right to terminate negotiations and may, at the City
City of Sunny Isles Beach I Request for Qualifications No. 12-04-04
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. 12-04-04
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 Founded.
· Home office address, telephone number, and local address and phone number.
· List of any outstanding litigation that would threaten the viability of the firm or
the performance of this contract.
· Proof of insurance.
· Indication of how long it would take to implement service after authorized to
begin.
2. Qualifications
Proposer's relevant experience, qualifications and past performance
. An explanation of why the Proposer is the best qualified to perform the contract
and demonstrate its qualifications including an item-by-item disclosure outlining
how the firm meets or exceeds the requirements of this 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. 12-04-04
· 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. Aooroach / Methodoloqv
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. 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.
6. Office Locations
A listing of all office locations (including address, phone numbers and point of contact).
7. Contract Forms
All completed contract forms.
END OF SECTION
City of Sunny Isles Beach I Request for Qualifications No. 12-04-04
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.
05/01/2012
CITY OF SUNNY ISLES BEACH, FLORIDA
Issued by:
Purchasing Agent
Date Issued:
04/02/2012
This Bid Submittal Consists of
Pages 22 through 25
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 12-04-04
DESIGN AND PERMITTING SERVICES OF THE INTRACOASTAL PARKS
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 25 OF SECTION 4 BID SUBMITTAL WILL RENDER YOUR BID NON-
RESPONSIVE
City of Sunny Isles Beach I Request for Qualifications No. 12-04-04
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:
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 Qualifications No. 12-04-04
BID SUBMITTAL FORM
Bid Title: DESIGN AND PERMITTING SERVICES OF THE INTRACOASTAL PARKS
The undersigned Proposers proposes and agrees, if this Bid is accepted, to enter into an agreement with
The City of Sunny Isles Beach to perform and furnish all Work as specified or indicated in the Documents
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. 12-04-04
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. 12-04-04
AFFIDAVITS
City of Sunny Isles Beach I Request for Qualifications No. 12-04-04
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
(Type of Business)
(State)
of which he is
(Sole Owner, Partner. President, etc.)
Neither the undersigned nor any person, firm, Dr corporation named in above Paragraph 10.2, nor anyone else to the knowledge of the
undersigned, have themselves solicited or employed anyone else to solicit favorable action for this Bid by the City, also that no head of any
department or employee therein, or any officer of the City of Sunny Isles Beach, Florida is directly interested therein.
This Bid is genuine and not collusive or a sham; the person, firm or corporation named above in Paragraph 10.2 has not colluded, conspired,
connived or agreed directly or indirectly with any proposers or person, firm or corporation, to put in a sham Bid, or that such person, firm or
corporation, shall refrain from Bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication
or conference with any person, firm or corporation, to fix the prices of said Bid or Bids of any other proposers; and all statements contained in
the Bid or Bids described above true; and further; neither the undersigned, nor the person, firm or corporation named above in Paragraph
10.2, has directly or indirectly submitted said Bid or the contents thereof, or divulged information or data relative thereto, to any association or
to any member or agent thereof.
AFFIANT'S NAME
AFFIANT'S TITLE
TAKEN, SWORN AND SUBSCRIBED TO BEFORE ME this _ day of
,200_.
Personally Known
or Produced Identification
Type of identification
(Affix seal here)
NOTARY PUBLIC (name printed or typed)
DECEMBER 28. 2010
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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
I
I
---'
by
[pnnt Individual s name and title]
for
[print name of entity submitting 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
DECEMBER 28,2010 2 of 7
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
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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 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.
day of
,2010.
Dated this
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 28. 2010
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DISPUTE DISCLOSURE
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 947-0606 Fax: (305) 949-3113
DISPUTE DISCLOSURE FORM
Answer the following questions by placing a "X" after "Yes" or "No". If you answer "Yes", please
explain in the space provided, or on a separate sheet attached to this form.
19.1. Has your firm or any of its officers, received a reprimand of any nature or been suspended by the
Department of Professional Regulations or any other regulatory agency or professional associations within the last
five (5) years?
YES
NO
19.2. Has your firm, or any member of your firm, been declared in default, terminated or removed from a
contract or job related to the services your firm provides in the regular course of business within the last five (5)
years?
YES
NO
19.3. Has your firm had against it or filed any requests for equitable adjustment, contract claims, Bid protests,
or litigation in the past five (5) years that is related to the services your firm provides in the regular course of
business?
YES NO If yes, state the nature of the request for equitable adjustment, contract
claim, litigation, or protest, and state a brief description of the case, the outcome or status of the suit and the
monetary amounts of extended contract time involved.
I hereby certify that all statements made are true and agree and understand that any misstatement or
misrepresentation of falsification of facts shall be cause for forfeiture of rights for further consideration of this Bid
for the City of Sunny Isles Beach.
Firm
Date
Authorized Signature
Print or Type Name and Title
OECEMBER 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 )
)
COUNlY 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
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