HomeMy WebLinkAboutSpecificationst
Request for Qualifications
Goods & Services
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CONSTRUCTION MANAGEMENT SERVICES
FOR GATEWAY PARK
Request for Qualifications No. 12 -06 -01
Publish Date:
05/31/2012
Pre -Bid Conference:
Intentionally Omitted
Bid Due and Bid Opening Date:
06/13/2012 at 10:00 AM
Where to Deliver Proposal
Sunny Isles Beach Government Center
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
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City of Sunny Isles Beach I Request for Qualifications No. 12 -06 -01 ����
TABLE OF CONTENTS
Table of Contents
Page 1 of 7
Page 2
Legal Advertisement /Notice to Bidder
Equal Opportunity / Affirmative Action Statement
Page 3
Instructions to Bidder / General Terms
Section 1
Page 4
Special Terms & Conditions
Section 2
Page 10
Scope of Work / Technical Specifications
Section 3
Page 14
Evaluation Process
Section 4
Page 16
Proposal Format
Section 5
Page 18
Bid Submittal Form
Section 6
Page 20
Affidavits
Non - Collusive Affidavit
Page 1 of 7
Public Entity Crimes
Page 2 of 7
Equal Opportunity / Affirmative Action Statement
Page 4 of 7
Conflict of Interest Statement
Page 5 of 7
Dispute Disclosure Form
Page 6 of 7
Anti- Kickback Affidavit
Page 7 of 7
Attachments
City of Sunny Isles Beach I Request for Qualifications No. 12 -06 -01
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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.
CONSTRUCTION MANAGEMENT SERVICES FOR GATEWAY PARK
Request for Qualifications No. 12 -06 -01
The Bid Specifications for this Request for Qualifications are available from DemandStar by calling (800)
711 -1712 or by accessing their website at www.demandstar.com. The Bid Specifications may also be
examined at the City of Sunny Isles Beach - Office of the City Clerk. Vendors who obtain the Bid
Specifications from sources other than DemandStar or the City of Sunny Isles Beach are cautioned that
their Bid response package may be incomplete. Addenda will be posted and disseminated by
DemandStar at least five days prior to the submittal date to all vendors who are listed on the official list.
The City may not accept incomplete Bids.
Sealed Bids will be received by the City Clerk no later than 10:00 AM, on Wednesday, 06/13/2012 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 -06 -01
CONSTRUCTION MANAGEMENT SERVICES FOR GATEWAY PARK
OPENING DATE AND TIME: Wednesday, 06/13/2012 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, from the most the most qualified firm pursuant to the
requirements of Section 287.055, Florida Statutes.
All questions regarding Request for Qualifications No. 12 -06 -01 shall be directed in writing to Jane A.
Hines, CIVIC, City Clerk, at least five (5) business days prior to the date of the Bid opening. Questions
may be submitted via email to: JHines(a)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, CIVIC, City Clerk
City of Sunny Isles Beach
City of Sunny Isles Beach I Request for Qualifications No. 12 -06 -01 In
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SECTION 1
INSTRUCTIONS TO BIDDER / GENERAL TERMS AND CONDITIONS
THESE INSTRUCTIONS ARE STANDARD FOR ALL BID COMMODITIES /SERVICES ISSUED BY THE CITY OF SUNNY ISLES BEACH. THE CITY OF SUNNY ISLES BEACH MAY
DELETE, 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 /EXPLANATION /OUESTIONS:
Any questions concerning the Bid Specifications or any required
need for clarification must be made to lane A. Hines, CMC, City
Clerk via email to: JHines@sibfLnet or via facsimile (305) 792 -1563
or via regular mail at: lane A. Hines, CMC, City Clerk, City of
Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, FL
33160. Such requests for clarification /explanation or questions
must be made in writing to Jane A. Hines, CMC, City Clerk, at least
five (5) business days prior to the date of the Bid opening.
Interpretations or clarifications considered necessary by the City
will be issued by addenda and posted /disseminated by DemandStar
( www.demandstar.com) to all parties listed on the official plan
holders' list as having received the Bid documents. Only questions
answered by written addenda shall be binding. Oral interpretations
or clarifications shall be without legal effect. No plea of ignorance
or delay or required need of additional information shall exempt a
Proposers from submitting their Bid on the required date and time
as publicly noted.
public entity, and may not transact business with any public entity
in excess of the threshold amount provided in section 287.107, for
category two for a period of 36 months from the date of being
placed on the convicted vendor list ".
1.6 BID DEADLINE:
Bids must be submitted no later than the time and date shown
within this document.
1.7 SEALED BID:
The entire Bid Response Package shall be placed in an opaque
envelope (with all items listed on the Bid checklist form and all
other items required within this Request for Proposal must be
executed) and submitted in a sealed envelope.
1.8 BID EXECUTION. SIGNATURES. ERASURE /CORRECTION:
All Bids shall be signed in blue ink. All price quotes shall be
1.2 PLAN HOLDER'S LIST: typewritten or printed with ink. All corrections made by the
proposers prior to the opening must be initialed and dated by the
As a convenience to vendors, the City of Sunny Isles Beach has proposers. No changes or corrections will be allowed after Bids are
made available via internet lists of all plan holders for each Request opened. Bids must contain an original, manual signature of an
for Proposal, Request for Proposal, and request for qualifications. authorized representative of the company.
The information is available on -line at www.demandstar.com or by
calling the Office of the City Clerk at (305) 792 -1703. 1.9 WITHDRAWAL OF BIDS:
1.3 A TPEICTO: Proposers may withdraw Oil lls onTy—by—w–flife—nrequest and shall
forward the withdrawal request via "Certified U.S. Mail – Return
If any addenda are issued after the initial specifications are Receipt Requested" prior to the Bid opening time. Negligence on
released, the City will post and disseminate the addenda through the part of the Proposers in preparing the Bid confers no right for
DemandStar. For those projects with separate plans, blue prints, the withdrawal of the Bid after it has been opened.
or other materials that cannot be accessed through the internet,
the Office of the City Clerk will make good faith effort to ensure
1.10 BID OPENING:
that all registered proposers (those who have been registered as
receiving a Bid package) receive the documents. It is the
Bids will be opened publicly at the time and place stated in the
responsibility of the vendor prior to the submission of any Bid to
Notice to Bidder. It is the responsibility of the proposers to insure
check the above website or contact the Office of the City Clerk at
that the Bid reaches the Office of the City Clerk on or before the
(305) 792 -1703 to verify any addenda issued. The receipt of all
closing hour and date stated on the Request for Proposal. After the
addenda must be acknowledged on the Bid Response Sheet.
Bid opening, the contents of the Bid Form will be made public for
the information of vendors and other interested parties who may
1.4 SPECIAL ACCOMMODATIONS:
be present either in person or by representative. Bids that are
received after the Bid opening time will not be considered and will
Any person requiring a special accommodation at a Pre -Bid
not be returned.
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)
1.11 EVALUATION OF BIDS:
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, at its sole discretion, reserves the right to inspect any /all
the City Clerk by calling the City of Sunny Isles Beach using the
Proposers facilities to determine their capability of meeting the
Florida Relay Service which can be reached at 1(800) 955 -8771
requirements for the Contract. Also, price, responsibility, and
(TOO).
responsiveness of the Proposers, the financial position, experience,
staffing, equipment, materials, references, and past history of
1.5 PUBLIC ENTITY CRIMES STATEMENT:
service to the City and /or with other units of state, and /or local
governments in Florida, or comparable private entities, will be
Pursuant to the provisions of paragraph (2) (a) of section 287.133,
taken into consideration in the Award of the Contract.
Florida statutes "a person or affiliate who has been placed on the
convicted vendor list following a conviction for a public entity crime
1.11.1 Hold Harmless: All Proposer's shall hold the City, its
may n submit a Bid on a contract to provide any goods or
officials and employees harmless and covenant not to
services to a public entity, may not submit a Bid on a contract with
sue the City, it's officials and employees in reference
a public entity for the construction or repair of a public building or
to their decisions to reject, award, or not award a Bid,
public work, may not submit Bids on leases of real property to a
as applicable.
public entity, may not be awarded to perform work as a Contractor,
1.11.2 Cancellation: Failure on the part of the Proposers to
supplier, sub - Contractor, or consultant under a contract with any
comply with the conditions, specifications,
City of Sunny Isles Beach I Request for Qualifications No. 12 -06 -01
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1.12
1.13
1.14
1.1S
1.16
1.17
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 with the advice of
the City Attorney shall resolve the dispute and send a
written copy of its decision to the Contractor, which
shall be binding on both parties.
AGREEMENT:
After the Bid award, the City will, at its option, prepare an
Agreement specifying the terms and conditions resulting from the
award of this Bid. The vendor will have ten (10) calendar days after
notification of the award by the City to execute the Agreement and
provide the required Performance 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 within the specified time shall forfeit the
Bid Security that accompanied their Bid, and the Bid Security shall
be retained as liquidated damages by the City, and it is agreed that
this sum is a fair estimate of the amount of damages the City will
sustain in case the Proposers fails to enter into the Contract and
furnish the Bonds as herein before provided. Bid Security deposited
in the form of a cashier's check drawn on a local bank in good
standing shall be subject to the same requirements as a Bid Bond.
The performance of the City of Sunny Isles Beach of any of its
obligations under the agreement shall be subject to and contingent
upon the availability of funds lawfully expendable for the purposes
of the agreement for the current and any future periods provided
for within the Bid specifications.
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.
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 merits of
items Bid as equals.
MATERIAL:
Material(s) delivered to the City under this Bid shall remain the
property of the seller until accepted to the satisfaction of the City.
In the event materials supplied to City are found to be defective or
do not conform to specifications, the City reserves the right to
return the product(s) to the seller at the seller's expense.
SAMPLES:
1.18
1.19
1.20
1.21
1.22
Samples of items, when required, must be furnished by the
Proposers free of charge to the City. Each individual sample must 1.23
be labeled with the Proposers name and manufacturer's brand
name and delivered by them within 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.
OUANTITY GUARANTY:
No guaranty or warranty is given or implied by the City as to the
total amount that may or may not be purchased from any resulting
`7I'), of stnµ Pte_
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.
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 alteration. The City of Sunny Isles
Beach reserves the right to accept any such alteration, including
any price adjustments occasioned thereby, or to cancel at no
further expense to the City.
SAFETY STANDARDS:
The Proposers warrants that the product(s) supplied to the City
conforms in all respects to the standards set forth in the
occupational safety and health act (OSHA) and its amendments.
Bids must be accompanied by a materials data safety sheet (MSDS)
when applicable.
WARRANTIES:
Successful Proposers shall act as agent for the City in the follow -up
and compliance of all items under Warranty/Guaranty and complete
all forms for Warranty/Guarantee coverage under this Contract.
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.
LOCAL BUSINESS TAX (OCCUPATIONAL LICENSE
REGISTRATION):
The contractor shall be responsible for obtaining and maintaining
throughout the contract period his or her city and county local
business tax receipts. Each vendor submitting a Bid on this
Request for Proposal shall include a copy of the company's local
business tax/occupational license(s) with the Bid response. 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 attorney actively
licensed to practice law in this state, by a person actively licensed
by the Department of Business and Professional Regulations or the
Department of Health for the purpose of practicing his or her
licensed profession, or by any corporation, partnership, or other
commercial entity that is actively organized or registered with the
Department of State shall submit a copy of the current licensing
from the appropriate agency and /or proof of current active status
with the Division of Corporations of the State of Florida.
LIABILITY. INSURANCE. PERMITS AND LICENSES:
Proposers shall assume the full duty, obligation, and expense of
obtaining all necessary licenses, permits, inspections, and insurance
required. The Proposers shall be liable for any damages or loss to
the City occasioned by negligence of the Proposers (or their agent)
or any person the Proposers has designated in the completion of
their contract as a result of the Bid. Contractor shall be required to
furnish a copy of all licenses, certificates of competency or other
licensor requirements necessary to practice their profession as
required by Florida State Statute, 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 -06 -01 a I
be furnished to the City along with the Bid response. Failure to
furnish these documents or to have required licensor will be
grounds for rejecting the Bid.
1.24 CERTIFICATE(Sl OF INSURANCE:
Proposers shall furnish to the Office of the City Clerk, City of Sunny
Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida
33160, certificate(s) of insurance which indicate that insurance
coverage has been obtained from an insurance company authorized
to do business in the State of Florida or otherwise secured in a
manner satisfactory to the City, for those coverage types and
amounts listed in this document, in an amount equal to 100% of
the requirements and shall be presented to the City prior to
issuance of any Contract(s) or Award(s) Document(s). The City of
Sunny Isles Beach shall be named as "additional insured" with
respect to this coverage. The required certificates of insurance
shall not only name the types of policies provided, but shall also
refer specifically to this Bid and section. At the time of Bid
submission the Proposers must submit certificates of insurance as
outlined in the General Conditions section. All required insurances
shall name the City of Sunny Isles Beach as additional insured and
such insurance shall be issued by companies authorized to issue
insurance in the State of Florida. It shall be the responsibility of
the Proposers and insurer to notify the City Manager of the City of
Sunny Isles Beach of cancellation, lapse, or material modification of
any insurance policies insuring the Proposers, which relate to the
activities of such vendor and the City of Sunny Isles Beach. Such
notification shall be in writing, and shall be submitted to the City
finance support service director thirty (30) days prior to
cancellation of such policies. This requirement shall be reflected on
the certificate of insurance. Failure to fully and satisfactorily
comply with the city's insurance and bonding requirements set
forth herein will authorize the City Manager to implement a
rescission of the Bid award without further City Commission action.
The Proposers hereby holds the City harmless and agrees to
indemnify City and covenants not to sue the City by virtue of such
rescission.
1.25 ASSIGNMENT:
1.26
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
with prior written approval of the City Manager. Further, in the
event that the majority ownership or control of the Contractor
changes hands subsequent to the award of this contract,
Contractor shall promptly notify City in writing (via United States
Postal Service — Certified Mail, Return Receipt Requested) of such
change in ownership or control at least thirty (30) days prior to
such change and City shall have the right to terminate the contract
upon sixty (60) days written notice, at City's sole discretion.
The Contractor shall indemnify, hold harmless, and defend the City
of Sunny Isles Beach, it's officers, agents and employees from and
against any claims, demands or causes of action of whatsoever
kind or nature arising out of error, omission, negligent act, conduct,
or misconduct of the Contractor, their agents, servants or
employees in the provision of goods or the performance of services
pursuant to this Bid and / or from any procurement decision of the
City including without limitation, awarding the Contract to the
Contractor.
1.28
1.29
1.30
�I 4, OF SUN l"
delivery schedules may result in the Contractor being found in
default.
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.
The City reserves the right in the event the primary vendor cannot
provide an item(s) or service(s) in a timely manner as requested, to
seek other sources without violating the intent of the Contract.
DEFINITIONS:
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: Acceptance by the City of the Work as
being fully complete in accordance with
the Contract Documents subject to
waiver of claims.
Agreement: The written Agreement between the City
and the Contractor covering the Work to
be performed, which includes the
Contract Documents.
Addenda: Written or graphic instruments issued
prior to the Bid Opening which modify
or interpret the Contract Documents,
Drawings and Specifications, by
addition, deletions, clarifications or
corrections.
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 with the Contract
Documents and in accordance with the
law of the State of Florida.
Change Order: A written order to the Contractor signed
by the City authorizing an addition,
deletion or revision in the Work, or an
adjustment in the Contract Price or the
Contract Time issued after execution of
the Agreement.
City: City of Sunny Isles Beach, 18070 Collins
Avenue, Sunny Isles Beach, Florida
33160.
1.27 NON - CONFORMANCE TO CONTRACT: Contract Documents: Contract Documents shall include,
Instructions to Proposers, Contractor's
The City of Sunny Isles Beach may withhold acceptance of, or Bid, the Bonds, the Notice of Award, the
reject items which are found upon examination, not to meet the Agreement between the City and
specification requirements. Upon written notification of rejection, Contractor as well as any addenda
items shall be removed within (5) calendar days by the vendor at thereto, these General Conditions,
their own expense and redelivered at their expense. Rejected Special Conditions, the Technical
goods left longer than thirty (30) calendar days will be regarded as Specifications, Drawings and
abandoned and the City shall have the right to dispose of them as Modifications, Notice to Proceed,
its own property. Rejection for non - conformance or failure to meet Request for Proposal, Insurance
Certificates, Change Orders and
City of Sunny Isles Beach I Request for Proposal No. 12 -06 -01 .
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.
Statement of Services: The form furnished by the City which is
to be used by the Contractor in
requesting progress payments.
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.
Work: Any and all obligations, duties and
responsibilities necessary to the
successful completion of the Project
assigned to or undertaken by Contractor
under the Contract Documents,
including all labor, materials, equipment
and other incidentals, and the furnishing
thereof.
1.31
1.32
1.33
1.34
L,,y OF SUN Pt
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 with Contract requirements.
Written notice shall be deemed to have
been duly served if delivered in person
to the individual or to a member of the
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.
BID AWARD:
The City reserves the right to reject any and all Bids at its sole
discretion. Bids shall be awarded by the City after the City
performs all necessary searches, inquiries, exploration, and analysis
of the Bids. The Bid shall be awarded to the lowest responsible
and responsive proposer whose Bid best serves the interests of and
represents the best value to the City in conformity with the criteria
set forth in Section 62 -8 of the City Code. No Notice of Award will
be given until the City has concluded any investigation(s) as they
deem necessary to establish the Proposer's capability to perform
the 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 with the Citys established
standards, as well as the financial capability of the Proposer to
perform the Work in accordance with the Contract Documents to
the satisfaction of the City within the time prescribed. The City
reserves the right to reject the Bid of any Proposers on the basis of
these queries and investigations and who does not meet the City's
satisfaction,- even- though-the- firm may be the lowest dollars-and
cents Bid. In analyzing Bids, the City will also take into
consideration client references, past work experience and work
product, proven ability to satisfactorily perform. If the Contract is
awarded, the City will issue the Notice of Award and give the
successful Proposers a Contract for execution within ninety (90)
days after opening of Bids. The City specifically reserves the right
to award the contract to a proposer who is not necessarily the
lowest dollars and cents proposers on the basis of the results of
these queries and investigation(s).
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 within ten (10) calendar days of
receipt of the Notice of Award.
LAWS AND REGULATIONS:
The Contractor will give all notices and comply with all laws,
ordinances, rules and regulations applicable to the Work. If the
Contractor observes that the Specifications are at variance
therewith, they will give the City prompt written notice thereof, and
any necessary changes shall be adjusted by an appropriate
modification. If the Contractor performs any Work knowing it to be
contrary to such laws, ordinances, rules and regulations, and
without such notice to the City, they will bear all costs arising
wherefrom.
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 -06 -01
Acknowledgment of Conformance with
the City of Sunny Isles Beach.
Contract Price:
The total monies payable to the
Contractor under the Contract
Documents.
Contract Time:
The number of calendar days stated in
the Agreement for the completion of the
Work.
Contracting Officer:
The individual who is authorized to sign
the contract documents on behalf of the
City's governing body.
Contractor:
The person, firm or corporation with
whom the City has executed this
Agreement.
Day:
A calendar day of twenty-four hours
measured from midnight to the next
midnight.
Field Order:
A written order issued by the City which
clarifies or interprets the Contract
Documents or orders minor changes in
the Work.
Modification:
Modification means any one 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.
Notice of Award:
The written notice by City to the
-
- apparent - successful Proposers stating
that upon compliance with the
conditions precedent to be fulfilled by
him within the time specified, City will
execute and deliver the Agreement to
him.
Samples:
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.
Statement of Services: The form furnished by the City which is
to be used by the Contractor in
requesting progress payments.
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.
Work: Any and all obligations, duties and
responsibilities necessary to the
successful completion of the Project
assigned to or undertaken by Contractor
under the Contract Documents,
including all labor, materials, equipment
and other incidentals, and the furnishing
thereof.
1.31
1.32
1.33
1.34
L,,y OF SUN Pt
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 with Contract requirements.
Written notice shall be deemed to have
been duly served if delivered in person
to the individual or to a member of the
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.
BID AWARD:
The City reserves the right to reject any and all Bids at its sole
discretion. Bids shall be awarded by the City after the City
performs all necessary searches, inquiries, exploration, and analysis
of the Bids. The Bid shall be awarded to the lowest responsible
and responsive proposer whose Bid best serves the interests of and
represents the best value to the City in conformity with the criteria
set forth in Section 62 -8 of the City Code. No Notice of Award will
be given until the City has concluded any investigation(s) as they
deem necessary to establish the Proposer's capability to perform
the 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 with the Citys established
standards, as well as the financial capability of the Proposer to
perform the Work in accordance with the Contract Documents to
the satisfaction of the City within the time prescribed. The City
reserves the right to reject the Bid of any Proposers on the basis of
these queries and investigations and who does not meet the City's
satisfaction,- even- though-the- firm may be the lowest dollars-and
cents Bid. In analyzing Bids, the City will also take into
consideration client references, past work experience and work
product, proven ability to satisfactorily perform. If the Contract is
awarded, the City will issue the Notice of Award and give the
successful Proposers a Contract for execution within ninety (90)
days after opening of Bids. The City specifically reserves the right
to award the contract to a proposer who is not necessarily the
lowest dollars and cents proposers on the basis of the results of
these queries and investigation(s).
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 within ten (10) calendar days of
receipt of the Notice of Award.
LAWS AND REGULATIONS:
The Contractor will give all notices and comply with all laws,
ordinances, rules and regulations applicable to the Work. If the
Contractor observes that the Specifications are at variance
therewith, they will give the City prompt written notice thereof, and
any necessary changes shall be adjusted by an appropriate
modification. If the Contractor performs any Work knowing it to be
contrary to such laws, ordinances, rules and regulations, and
without such notice to the City, they will bear all costs arising
wherefrom.
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 -06 -01
"Y OF SUN ?"
City of Sunny Isles Beach I Request for Proposal No. 12 -06 -01
incorporated in a Change Order. If after termination of the
1.35 OUTYTO DEFEND. INDEMNIFY AND SAVE HARMLESS:
Contractor under this Section, it is determined by a court of
competent jurisdiction for any reason that the Contractor was not
In consideration of the separate sum of twenty-five dollars ($25.00)
in default, the rights and obligations of the City and the Contractor
and other valuable consideration, the Contractor shall defend,
shall be the same as if the termination had been issued pursuant to
indemnify and hold harmless the City, its officers, agents and
this document.
employees, from or on account of any injuries or damages,
received or sustained by any person or persons during or on
1.37.1 Where the Contractor's services have been so
account of any operations connected with the Work described in
terminated by the City said termination shall not
the Contract Documents, or by or in consequence of any
affect any rights of the City against the Contractor
negligence in connection with the same; or by use of any improper
then existing or which may thereafter accrue. Any
materials or by or on account of any act or omission of the said
retention or payment of moneys by the City due the
Contractor or his Sub - Contractor, agents, servants or employees.
Contractor will not release the Contractor from
The Contractor will defend, indemnify and hold harmless the City
liability.
and their agents or employees from and against all claims,
damages, losses and expenses including attorneys' fees arising out
1.37.2 Upon ten (10) days written notice to the Contractor,
of or resulting from the performance of the Work, provided that
the City may, without cause and without prejudice to
any such claim damage, loss or expense (a) is attributable to bodily
any other right or remedy, elect to terminate the
injury, sickness, disease or death, or to injury to or destruction of
Agreement. In such case, the Contractor shall be
tangible property (other than Work itself) including the loss of use
paid for all Work executed and accepted by the City
resulting wherefrom and (b) is caused in whole or in part by any
as of the date of the termination. No payment shall
negligent act or omission of the Contractor, Sub - Contractor, anyone
be made for profit for Work which has not been
directly or indirectly employed by any of them or anyone for whose
performed.
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
1.38 MISCELLANEOUS:
of competent jurisdiction determines that Sec. 725.06 (2), F.S. is
applicable to this Work, then in lieu of the above provisions of this
Proposers acknowledge the following miscellaneous conditions:
section the parties agree that Contractor shall indemnify, defend
and hold harmless the City, their officers and employees, to the
1.38.1 Whenever any provision of the Contract Documents
fullest extent authorized by Sec. 725.06 (2) F.S., which statutory
requires the giving of written notice it shall be
provisions shall be deemed to be incorporated herein by reference
deemed to have been validly given if delivered in
as if fully set forth herein. In the event that any action or
person to the individual or to a member of the firm or
proceeding is brought against City by reason of any such claim or
to an officer of the corporation for whom it is
demand, Contractor, upon written notice from City shall defend
intended, or if delivered at or sent by registered or
such action or proceeding by counsel satisfactory to City. The
certified mail, postage prepaid, to the last business
indemnification provided above shall obligate Contractor to defend
address known to them who gives the notice.
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
1.38.2 The Contract Documents shall remain the property of
and description that may be brought against City, excluding only
the City. The Contractor shall have the right to keep
those which allege that the injuries arose out of the sole negligence
one record set of the Contract Documents upon
- of City, which may result-from the operations- and activities under
completion of the Project.
this Contract whether the Work be performed by Contractor, its
Sub - Contractors, or by anyone directly or indirectly employed by
1.38.3 The duties and obligations imposed by these General
either.
Conditions, Special Conditions and Supplemental
Conditions and the rights and remedies available
1.36 DECISIONS ON DISAGREEMENTS:
hereunder, and, in particular but without limitation,
the warranties, guarantees and obligations imposed
The City will be the initial interpreter of the Technical
upon Contractor and those in the Special Conditions
Specifications.
and the rights and remedies available to the City,
shall be in addition to, and shall not be construed in
1.37 CITY MAY TERMINATE:
any way as a limitation of, any rights and remedies
available by law, by special guarantee or by other
If the Contractor is adjudged bankrupt or insolvent, or if they make
provisions of the Contract Documents.
a general assignment for the benefit of their creditors, or if a
trustee or receiver is appointed for the Contractor or for any of
1.38.4 Should the City or the Contractor suffer injury or
their property, or if they file a petition to take advantage of any
damage to its person or property because of any
debtor's act, or to reorganize under bankruptcy or similar laws, or if
error, omission, or act of the other or of any of their
they repeatedly fails to supply sufficient skilled workmen or suitable
employees or agents or others for whose acts they
materials or equipment, or if they repeatedly fail to make prompt
are legally liable, claim shall be made in writing to the
payments to Sub - Contractors or for labor, materials or equipment
other party within a reasonable time of the first
or they disregard laws, ordinances, rules, regulations or orders of
observance of such in jury or damage.
any public body having jurisdiction, or if they disregard the
authority of the City, of if they otherwise violate any provision of,
1.39 WAIVER OF JURY TRIAL:
the Contract Documents, then the City may, without prejudice to
any other right or remedy and after giving the Contractor and the
City and Contractor knowingly, irrevocably voluntarily and
surety ten (10) days written notice, terminate the services of the
intentionally waive any right either may have to a trial by jury in
Contractor and take possession of the Project and of all materials,
State or Federal Court proceedings in respect to any action,
equipment, tools, construction equipment and machinery thereon
proceeding, lawsuit or counterclaim based upon the Contract
owned by the Contractor, and finish the Work by whatever method
Documents or the performance of the Work there under.
they may deem expedient. In such case the Contractor shall not
be entitled to receive any further payment until the Work is
1.40 GOVERNING LAW:
finished. If the unpaid balance of the Contract Price exceeds the
direct and indirect costs of completing the Project, including
The Contract shall be construed in accordance with and governed
compensation for additional professional services, such excess shall
by the law of the State of Florida.
be paid to the Contractor. If such costs exceed such unpaid
balance, the Contractor will pay the difference to the City. Such
1.41 VENUE:
costs incurred by the City will be determined by the City and
City of Sunny Isles Beach I Request for Proposal No. 12 -06 -01
Venue of any action to enforce the Contract Documents shall be in
Miami -Dade County, Florida.
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 Arbitration Association. The
decision rendered by the Arbitrator shall be final and binding upon
the parties and judgment upon the award rendered by the
arbitrator may be entered in any court having jurisdiction.
Arbitration shall be held in Miami -Dade County, Florida. All costs of
arbitration and attorneys' fees incurred by the parties shall be paid
by the non - prevailing party or, if neither party prevails on the
whole, each party shall be responsible for a portion of the costs of
arbitration and their respective attomeys' fees as may be
determined by the court on confirmation.
1.43 PROJECT RECORDS:
City shall have right to inspect and copy during regular business
hours at City's expense, the books and records and accounts of
Contractor which relate in any way to the Project, and to any claim
for additional compensation made by Contractor, and to conduct an
audit of the financial and accounting records of Contractor which
relate to the Project. Contractor shall retain and make available to
")'OF SUN P"
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.
1.44 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:
End of Section
The Contractor is an independent Contractor under the Contract.
Services provided by the Contractor shall be by employees of the
Contractor and subject to supervision by the Contractor, and not as
officers, employees, or agents of the City. Personnel policies, tax
responsibilities, social security and health insurance, employee
benefits, purchasing policies and other similar administrative
procedures, applicable to services rendered under the Contract
shall be those of the Contractor.
City of Sunny Isles Beach I Request for Proposal No. 12 -06 -01
of SON W,
Section 2
Special Terms and Conditions
2.1 PURPOSE OF PROPOSAL:
The City of Sunny Isles Beach, Florida, (the "City's a municipality located in Miami -Dade County,
Florida, seeks the services of a Construction Management Firm for the Construction of Gateway
Park.
2.2 PRE - PROPOSAL CONFERENCE:
Intentionally Omitted
2.3 TERM
This contract shall commence upon the date of issuance of a the Notice to PROCEED (NTP) from
the City Manager or his designee and shall remain in effect until such time as the commodities,
equipment and /or services acquired in conjunction with this Request for Qualifications have been
completed and accepted by the City's authorized representative. The proposer shall include the
time necessary to complete this turn -key project from permitting to final close -out.
2.4 OPTIONS TO RENEW
Intentionally Omitted
2.5 PRICE
Intentionally Omitted
2.7 PERFORMANCE AND PAYMENT BOND
Intentionally Omitted
2.8 DELIVERY
Intentionally Omitted
2.9 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 Proposal No. 12 -06 -01 11
" " _ OF SUN Pr•
• Workers Compensation (Statutory)
• Independent Contractors
• Products and /or Completed Operations Hazard
• Broad Form Property Damage
• Broad Form Contractual Coverage applicable to this specific Contract
• 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.
• Professional Liability (Errors and Omissions)
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:
• Owned Vehicles;
• Hired and Non -Owned Vehicles;
• Employers' Non - Ownership.
Before starting the Work, the Consultant 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 Consultant agrees that if any part of the Work under the Contract is sublet, they will
require the Sub - Consultant(s) to carry insurance as required, and that they will require
the Sub - Consultant(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 Consultant 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 Consultant and must be approved by the City. At the option of the City, either the
Consultant shall eliminate or reduce such deductible or the Consultant shall procure a
Bond, in a form satisfactory to the City, covering the same.
2.10 MONTHLY INVOICES PAYMENTS
City of Sunny Isles Beach I Request for Proposal No. 12 -06 -01
" "Y OF SUN P�'
Cut -off date is the close of the last business day of the month. Vendor shall submit by the 10th
day of the following month vendor's completed Statement of Services /Invoice. Should the 10th
fall on a weekend or holiday, Consultant shall submit his application on the next workday.
Consultant is advised that processing of invoices must follow this schedule, as the City 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.
2.11 LABOR MATERIALS AND EQUIPMENT SHALL BE SUPPLIED BY THE PROPOSER
Unless otherwise provided in Section 3 of this solicitation the proposer shall furnish the following,
including but not limited to, all labor, material, equipment, adequate supervision, and
coordination for satisfactory contract performance. When not specifically identified in the
technical specifications, such materials and 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.
2.12 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.
2.13 NOTIFICATION TO BEGIN WORK SHALL BE GIVEN THROUGH A
NOTICE TO PROCEED:
The proposer shall neither commence any work, nor enter a City work premise, until a written
Notice to Proceed (NTP) directing the proposer to proceed with the work has been received by
the proposer from any authorized City representative; provided however, that such notification
shall be superseded by any emergency work that may be required in accordance with provisions
included elsewhere in this solicitation and resultant contract.
2.14 COMPLIANCE WITH FEDERAL STANDARDS
All items to be purchased under this contract shall be in accordance with all governmental
standards, to include, but not be limited to, those issued by the Occupational Safety and Health
Administration (OSHA), the National Institute of Occupational Safety Hazards (NIOSH), and the
National Fire Protection Association (NFPA).
2.15 DELIVERABLES
Deliverables shall be submitted by the Consultant as delineated in the Statement of Work. The
deliverables shall be submitted on or before the date provided in the Schedule of Tasks and
City of Sunny Isles Beach I Request for Proposal No. 12 -06 -01
� " - OF 5Uµ Pt,_
Deliverables. The City shall review, comment, reject and /or approve the deliverable as being
acceptable
Consultants awarded work orders shall:
• Provide timely delivery services and resources
• Screen candidates for task orders to ensure they meet required qualifications and check
references before recommending to the City
• Supervise consulting and sub consulting staff; oversee their work and performance
• Manage the project (timelines, budget, deliverables, and contingencies) and track the
progress
• Quality assures all deliverables; ensure written reports are polished and coherent
• Communicate regularly with the City Work Order Project Managers
END OF SECTON
City of Sunny Isles Beach I Request for Proposal No. 12 -06 -01
OF 5Uµ Pr
Section 3
Scope of Work / Technical Specifications
Pursuant to Florida Statutes, Chapter 287.055(2)(g) (Consultants Competitive Negotiations Act), the City
of Sunny Isles Beach, Florida invites qualified individuals and firms to submit Letters of Interest,
qualifications and experience of consideration to provide:
CONSTRUCTION MANAGEMENT SERVICES FOR GATEWAY PARK
The City intends to issue a single contract to provide professional services related to the development of
Gateway Park, located approximately at Collins Avenue (SR A1A) and Sunny Isles Boulevard (SR 826).
The project includes the construction of a parking garage with a capacity of more than 300 vehicles along
with public areas, landscaping and irrigation, and amphitheater. A contract between the City and a
design -build contractor has been executed with a contract valuation of $16.5 Million (Guaranteed
Maximum Price).
Construction Management Services to be provided includes but are not limited to:
• Thorough review of the design -build contractor's plans and other periodic or interim submittals
for conformance with the contract and City requirements.
• Advise the City on construction methods, materials, systems and structural components,
including materials that will provide economical operational and on -going maintenance costs.
• Perform value engineering and cost analysis on the base project and potential change orders.
• Participate in periodic and other meetings as needed or scheduled with the contractor, City and
other appropriate entities.
• Prepare and maintain complete project records that may include, among other items,
correspondence, emails, logs, inspection and other reports, Requests for Information (BFI's),
shop drawings, material or project samples, digital photographs or videos.
• Conduct on -site inspections at least 6 hours each construction day to insure compliance with
contract documents, applicable Codes and standard industry practice to insure the contractual
quality of the Project is maintained at all times. Perform substantial and final completion
inspections and prepare punchlist(s).
• Review the design -build contractor's monthly payment applications and make recommendations
to the City for payment. Subtasks may include review of the schedule of values, verifying
quantity calculations and taking field measurements.
• Prepare recommendations to the City regarding Work Change Directives, Amendments, Change
Orders, Extra Work and Field Orders. Identify and report any significant omissions, substitutions,
defects and deficiencies noted in the work of the Contractor and the corrective action that is
required.
City of Sunny Isles Beach I Request for Proposal No. 12 -06 -01
'-"r OF SUS P""
Closeout services including verifying all permits have been completed and closed out and the
project in its entirety can be placed in service. Verify that all lien releases are obtained, reconcile
design -build contractor's final payment application with as- builts and contract documents, make
recommendation final payment including release of retainage. Obtain for the City all as -built
drawings, warranties, operating manuals and maintenance agreements. Insure that any relevant
training on any portion or system of the project, as appropriate, has been completed.
END OF SECTON
City of Sunny Isles Beach I Request for Proposal No. 12 -06 -01
`',� of s01N I"'
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 most qualified firm pursuant to the requirements of Section 287.055, Florida
Statutes.
4.2 QUALIFICATIONS
Proposals shall include the following:
Technical Qualifications
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 ADDITIONAL 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.
Provide copies of all licenses and certifications of the Proposer.
City of Sunny Isles Beach I Request for Proposal No. 12 -06 -01
`11� OF SUN P.',
4.3 Negotiations
Negotiations will be held pursuant to the requirements of Section 287.055, Florida
Statues.
Notwithstanding the foregoing, if the City and said Proposer(s) cannot reach agreement
on a contract, the City reserves the right to terminate negotiations and may, at the City
Manager's or his designee's discretion, begin negotiations with the next most qualified
firm pursuant to the requirements of Section 287.055, Florida Statues. 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 Proposal No. 12 -06 -01 11 1
Section 5
Proposal Format
5.0 FORMAT
" "Y Of sUt4 P1—
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.
Company Information
■ In response to this Proposal, all Proposers must provide the following:
■ Name of Agency /Company (including any "Doing Business As" names)
■ Company Locations.
■ Internet Web Site Address (if any).
■ Details of Entity Business Structure (Corporation, Partnership, LLC).
■ Date Founded.
■ Home office address, telephone number, and local address and phone number.
■ List of any outstanding litigation that would threaten the viability of the firm or
the performance of this contract.
■ Proof of insurance.
■ Indication of how long it would take to implement service after authorized to
begin.
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.
Staffing
Relevant experience and qualifications of key personnel, including key personnel of
subcontractors, that will be assigned to this project well as experience and qualifications.
The size and experience of the company staff pool from which staff assigned to the
management contract can be drawn. The composition of the staff team should include:
■ The names of the employees in the area responsible for this contract
■ Their function in the company.
City of Sunny Isles Beach I Request for Proposal No. 12 -06 -01 0
�It)' OF sUt3 P,
■ The name of the person who will be responsible for the coordination of work.
4. Approach / Methodology
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
References
Each Proposer must submit a list of three (3) references of Current and Past Customers
of which they have provided services similar in scope and size of those described herein.
• Each Reference must be supplied on Clients 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.
Office Locations
A listing of all office locations (including address, phone numbers and point of contact).
7. Contract Forms
All completed contract forms.
Failure to provide all documentation responsive to items #1 through #7 above may result in the
proposer's proposal being deemed non - responsive and the city may in its sole discretion refuse to
consider the proposal.
END OF SECTION
City of Sunny Isles Beach I Request for Proposal No. 12 -06 -01 ��,■
"'' OF 5Uµ P'
DELIVER TO., REQUEST FOR
City of Sunny Isles Beach QUALIFICATIONS OPENING• 10.00 A.M.
City Clerk SECTION 6 06/13/2012
18070 Collins Avenue BID SUBMITTAL FORMS
Sunny Isles Beach, FL 33160
NOTE: City of Sunny Isles Beach is exempt from all taxes (Federal, State, and Local). Tax Exemption
Certificate furnished upon request.
Issued by: Purchasing Agent Date Issued: This Bid Submittal Consists of
05/31/2012 Pages 20 through 23
Sealed bids are subject to the Terms and Conditions of this Request for Qualifications and the
accompanying Bid Submittal. Such other contract provisions, specifications, drawings or other data as are
attached or incorporated by reference in the Bid Submittal, will be received at the office of the City Clerk
at the address shown above until the above stated time and date, and at that time, publicly opened for
furnishing the supplies or services described in the accompanying Bid Submittal Requirement.
RFQ 12 -06 -01
CONSTRUCTION MANAGEMENT SERVICES FOR GATEWAY PARK
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
ProcurementAaent: Firm Name.
Marcanthony Tulloch
Commodity Code(s);
RETURN ONE (1) ORIGINAL AND FOUR (4) COPIES OF BID SUBMITTAL PAGES AND
AFFIDA V1 TS
FAILURE TO SIGN PAGE 23 OF SECTION 4 BID SUBMITTAL WILL RENDER YOUR BID NON-
RESPONSIVE
City of Sunny Isles Beach I Request for Proposal No. 12 -06 -01 11
of suN F"',
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
PART II:
Addendum #1, Dated
Addendum #2, Dated
Addendum #3, Dated
Addendum #4, Dated
Addendum #5, Dated
Addendum #6, Dated
Addendum #7, Dated
Addendum #8, Dated
❑ NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID
FIRM NAME:
AUTHORIZED SIGNATURE:
TITLE OF OFFICER:
DATE:
City of Sunny Isles Beach I Request for Proposal No. 12 -06 -01
`11y OF SUN Pr
BID SUBMITTAL FORM
Bid Title: CONSTRUCTION MANAGEMENT SERVICES FOR GATEWAY PARK
The undersigned Proposers proposes and agrees, if this Bid is accepted, to enter into an agreement with
The City of Sunny Isles Beach to furnish all Work as specified or indicated in the Contract 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 Request for Qualification. 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 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 studied carefully all reports and drawings of subsurface
conditions and drawings of physical conditions.
• 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 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 -06 -01
`'' of wo P'
Street Address:
Mailing Address (if different):
Telephone No.
Email Address:
No.
FEIN No.
* "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 -06 -01
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_ NON - COLLUSION AFFIDAVIT
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City of Sunny Isles Beach
' 18070 Collins Avenue
yF iD9'♦ o"'D Sunny Isles Beach, Fl- 33160
C�rY or 5uN PNO Telephone: (305) 947 -0606 Fax: (305) 949 -3113
STATE OF FLORIDA
COUNTY OF )
The undersigned being first duly sworn 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
TAKEN, SWORN AND SUBSCRIBED TO BEFORE ME this
AFFIANT'S TITLE
Personally Known or Produced Identification ,
Type of identification
(Affix seal here)
day of
200—
NOTARY PUBLIC (name printed or typed)
DECEMBER 28, 2010 1 of 7
SV1.1NY /g4�S��
_ PUBLIC ENTITY CRIMES
U _
City of Sunny Isles Beach
�• Y Y
18070 Collins Avenue
yp ,D9�♦ p�pF�� Sunny Isles Beach, FL 33160
c'rY or suN "'o 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
[pnnt marviauai s name ana uuel
for
[print name of entity su mi ing 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. 1 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. 1 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. 1 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. 1 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
1011998 3 of 7
�p�SV1.1NY /SC��ey
_ EQUAL OPPORTUNITY /
n
AFFIRMATIVE ACTION
S'p ,D9�♦ F�pF��P S`` City of Sunny Isles Beach
c rY of suN Pao 18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 947 -0606 Fax: (305) 949 -3113
EQUAL OPPORTUNITY /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 7
_ti O�.SUpNY 'S(f ��9
CONFLICT OF INTEREST
V _
City of Sunny Isles Beach
r 18070 Collins Avenue
F�00.�V s Sunny Isles Beach, FL 33160
of SUN , 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:
18.1. 1 am the
with a local office in
who was duly sworn,
of
and principal 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 any one 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 any one 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
Sworn to and subscribed before me this
O Personally Known
O Produced Identification
NOTARY PUBLIC STATE OF FLORIDA
Print or Type Name and Title
day of , 2010.
OR
Type of Identification
DECEMBER 28, 2010 5 of 7
SUNNY IS�F
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C,,r o. SUN PNO
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
DECEMBER 28, 2010 6 of 7
SUNNY /StF.f
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CITY op SUN A
STATE OF FLORIDA )
COUNTY OF )
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
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.
a
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
7 of 7
DECEMBER 28, 2010