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HomeMy WebLinkAboutSpecifications - CITY OF SUNNY ISLES BEACH " - 18070 Collins Avenue ' Sunny Isles Beach, Florida 33160 sa te. 305.947.0606 % = , www.sibfl.net ' I ts'\}"` . ... 1.9';a O.'4r •Y ' Ciry OF ;USN Request for Proposal Goods&Services 0N S _NY Is4 s O - --14% .1, ' _ -; , n 7f ± � ti9� �\Q � F * FLQS _ C N P�Q ' Y OF SU ARTIFICIAL TURF FOR SENATOR GWEN MARGOLIS AND PELICAN COMMUNITY PARKS Request for Proposal No. 12-10-03 Publish Date: Bid Due and Bid Opening Date: 11/01/2012 12/05/2012 at 10:00 AM Pre-Bid Conference: Where to Deliver Proposal Intentionally Omitted Sunny Isles Beach Government Center 18070 Collins Avenue Sunny Isles Beach, Honda 33160 City of Sunny Isles Beach I Request for Proposal No. 12-10-03 . 1 CITY OF SUNNY ISLES BEACH ' 18070 Collins Avenue Sunny Isles Beach, Florida 33160 iat.1,1° 305 947.0606 ' wwwsibfl.net 1 • /0� P Ci 9r40'" 54. ' D1 SUM Pao TABLE OF CONTENTS Table of Contents Page 2 Legal Advertisement/Notice to Bidder 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 18 Evaluation Process Section 4 Page 20 Proposal Format Section 5 Page 22 Bid Submittal Form Section 6 Page 25 Affidavits Non-Collusive Affidavit Page 1 of 10 Public Entity Crimes Page 2 of 10 Equal Opportunity/Affirmative Action Statement Page 4 of 10 Conflict of Interest Statement Page 5 of 10 Dispute Disclosure Form Page 6 of 10 Anti-Kickback Affidavit Page 7 of 10 Bid Bond Page 8 of 10 Performance Bond Page 9 of 10 Attachments City of Sunny Isles Beach 'Request for Proposal No. 12-10-03 • • CITY OF SUNNY ISLES BEACH = 18070 Collins Avenue Sunny Isles Beach Florida 33160 . 305.947.0606. www-sibfLnet. Crs o • at SUN 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. ARTIFICIAL TURF FOR SENATOR GWEN MARGOLIS AND PELICAN COMMUNITY PARKS Request for Proposal No. 12-10-03 The Bid Specifications for this Request for Proposal are available from DemandStar by calling (800) 711- 1712 or by accessing their website at www.demandstar.com. The Bid Specifications may also be examined at the City of Sunny Isles Beach — Office of the City Clerk. Vendors who obtain the Bid Specifications from sources other than DemandStar or the City of Sunny Isles Beach are cautioned that their Bid response package may be incomplete. Addenda will be posted and disseminated by DemandStar at least five days prior to the submittal date to all vendors who are listed on the official list. The City may not accept incomplete Bids. Bids shall be on a unit price basis; segregated Bids will not be accepted. Sealed Bids will be received by the City Clerk no later than 10:00 AM, on Wednesday, 12/05/2012 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 dearly marked: "IMPORTANT, BID ENCLOSED" Bid No. 12-10-03 ARTIFICIAL TURF FOR SENATOR GWEN MARGOLIS AND PELICAN COMMUNITY PARKS OPENING DATE AND TIME: Wednesday, 12/05/2012 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 Proposal No. 12-10-03 shall be directed in writing 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 a City of Sunny Isles Beach iRequest for Proposal No. 12-10-03 • --: : 3,i • CITY OF SUNNY ISLES BEACH 18070 Collins Avenue is Sunny Isles Beach,Florida 33160 • sdH f P, 305.947.0606 w° F www.sibfl.net • tQr`�n • • to ti ryry. OF SUN Fta SECTION 1 INSTRUCTIONS TO BIDDER / GENERAL TERMS AND CONDITIONS THESE INSTRUCTIONS ARE STANDARD FOR ALL BID COMMODmES/SERVICES ISSUED BY THE CITY OF SUNNY ISLES BEACH.THE CITY OF Sunny IS FS 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 MID ALL SPECIAL CONDITIONS THAT MAY VARY FROM THE GENERAL CONDITIC NS 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 BIDDERS CONTRACT TO THE CONTRARY. 1.1 CLARIFICATION/EXPLANATION/ODESfION$: public entity,and may not transact business with any pubic entity in extras of the ttestt t ama tt provided in seam 287.107,fa any gue#io is carareng the Bid Specifications a any reared category two fa a per of 36 months Iran the date of being reed fa darSwti.n must be made to lane A Hiner,CAC.City placed on the omitted vendor h". Oek via emi to: Il7eesesibtpg or via facsimile(305)792-1563 or via regular mail at: lane A. Hines, CAC, City Clerk. Cly of 1.6 BID DEADLINE: Suety It Beach, 18070 Collins Avenue,Sunny It Beath, FL 33160. Such requests for darificatiayexpLanation or questions Bads must be submitted no later than the time and date shown mast be made in wrung to Jane A.Hines.OK,City Clerk,at least within this Moment. foe (5) business days per to the data of the Bid evening. IrtemraNms or clrIcatons not. • recesay by the City 1.7 SEALED BID; MI be issued by academia and posteWaissenunated by DemandStar (wwwAmmr125tar.rm0 to al parties Listed on the gffmal plan The entire Bed Response Package shin be paced in an opaque holders'list as having received the Bid documents. Only question envelope(with al tens listed on the Bid chakist fam and al answered by written addenda shall be blndug. Oral:Ss other dans required within this Rama NIX Proposal must be IX tanfations stuff be without legal effect. No pea of ignorance ese=ted)and sinnuea n a sealed envelope. IX delay a required mend of additional INamat al Sheri exempt a Proposers from wbnnting then Bid on the required date and tine L8 . • a. 5 I•. .I : - .- •••_ gI••: as Wbidy noted. All BAs shat be signed m due ink. Al arc quotes stall be 1.2 PLAN HOLDER'S LIST; typewritten or printed with ink. Al c0metims made by the proposers prior to the opening ass be nlialal and dated by the As a cmveiere to vets,the Cly of Sunny It Beach has proposers. Nb changes IX cmalioin wit be allowed after Bids are made available via ntenta Eras of all plan holders for each Request opened. Bids oast contain an appal, manual signature of an fa Proposal,Recital fa Proposal,and request for quaTSrations. authorized reaesetatn e of the company. The infamatm is available aHine at www.d•vlmn- nm a by slug the Office of the Coy Oak at(305)792-1703. 1.9 WITHDRAWAL OF BIDS; 1.3 ADDENDA TO SPEC MATZO NS; Proposers may withdraw Bads only by written request and shaB forward the withdrawal recital via tatted U.S. Mat-Return If any addenda are issued after the initial spedfratcns are Receipt Requested'prey to the Bid opening tine. Negligence on released,the OW v.1 post and disseminate the addenda thragh the fad of the Proposers it preparing the Bid carders no right for DerwndStar. For those papas with separate pans,blue ants. the wrthrawal of the Bid alter t has beet acesed. or other materials that cannot be accessed through the Marren the Office of the City Citric 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 Eaidy at the tine and pace stated in the repansihilty of the vet prvr to the subnissiat of and Bid to Notice to Bidder. It is the responsibility of the proposes m issue cM[k the aboe wtbste or contact the Ogre of the City Clerk at that the Bid reaches the Office of the City Clerk on a before the (305)792-1703 to verify any addenda issued. The recap(of all dosing tour and date stated on the Request for Proposal After the addenda mast be acknowledged on the Bid Response Sheet Bid opeivng,the=tents of the Bid Fain al be made putt for the information of venders and otter itterested parties who may 1.4 SPECIAL ACCOMMODATIONS: be present ether in person a by representative. Bids that are reserved alter the Bid o etig time will not be cu ed and will Any person redwing a special accommodation at a Pre-Bid not be returned. Cmfeence of Bi0/RFP/RFQ peening beduse of a disabity slut al the Office of tat Gty Oak at(305)792-1703 at lease foe(5) 1.11 Al IIATION OF BIDS; days oar to to Pre•Bid Caderere a BI/RFP/RFQ opening. If you are hearing a speech impaired, pease=tact the Offte of The City,at its sale dscret n,reserves the right to i spet any/all the City Chat by alig the City of Sunny Isles Beach using the Proposers fadltes to deplane their capabity of meeig the Florida Relay Sev[e why can be reached at 1(800) 955-8771 retirements fa the Contract. Also, price, respasibtly, and (TDD). responsiveness of the Proposers,the financial portion,experience, staffing, equipment, materials, referetes. and past history of 1.5 PUBLIC ENTITY CRIMES STATEMENT; service to the City ard/a wth refer nets of sate,and/or burl goemNein n Fbnda, IX co-Marade private etbes, wi Ce Pursuant to the camases of paragraph(2)(a)of seam 287.133, taken into cons/deaden n the Award of the Cmbaa Fbrcla statutes-a person or affiliate who has been paced on the connected ve-x lit following a c vition for a pit entity crime 1.11.1 Hold Harmlet5: At FroCosers shall hold the Coy,la's Diay 0$ sand a Bel on a contract to p-ade any gads IX canal and employees Rainless and cotenant rue to satires to a pubic entity,may net submit a Bb on a attract with sue the City,its officials and employees in reference a pubic entity fa the mnsbati0n or repair of a pubic tttdeg or to ter declaim to reject,award,a not award a Bd, public wart,may no sutra Bids on leases of real propety to a as appiode putts etty,may rnt be awarded to perform wuk as a Casracta. 1.11.2 CarcelaUm: Falure on the part of the Proposes to supple, sub-Contractor,a consultant under a contract with any campy wM the condoms, speak: mrs, City of Sunny Isles Beach I Request for Proposal No. 12-10-03 l,4 • CITY OF SUNNY ISLES BEACH -' , 18070.Collins Avenue , Sunny Isles Bea ch Florida-33160 6V"""? F 305.947.0606 , /: www.sibfl.net ^ -Zs 4n :_ -- } _ ,y`Cr .;;;;a P ,Y 0 111-s Dl 5130 FH requeannas,and tams as dete fined by the City, Cunt or Award. These gWMaeS are for Sc purposes ably and shall be just rause for cancellation of the Award. wD be used for tabulation and Preeiaatim of the Bid. The City 1.11.3 Oispaes: If any dispute contemn a question of fact reseves the right to increase or decrease quad=as required, arises tuner the Contract,other than to mmiat n for eras sgrufcandy. The pies off es hewn and the percentage detail of convenience, the Ca ractor and the City rate of discount apples to ter representative tens not fisted in department responsible for the abwrstreoon of the this Bkd. Contract shal make a good faith effort to resolve the dispute. If the dispute cannot be resohal by 1.18 GOVERNMENTAL REST: we.. •. .ATE'_- agreenet. them the department moth the advice of the City kinky shall resolve the date and send a In the event any governmental retains may be imposed which written copy of its deisbn to the Co meta,which want necessitate aheratim of the material patty,wakmarstip, shall be baling on hot parties. or performance of the terns offered on t ss Bid pion to ter delvery,a shal be the respmsttty of the swag&Proposes to 1.12 AGREEMENT: nobly the City at once, routing in ter letter the speak regulatien which mimed an ateation. The City of Sunny Isles After the Bid award, the City will, at as at= Pate an Beach reserves the right to accept any such Aeration.ickdig Agreement specifying the tens and cordalors resulting than the any price adjustments aasuiei thereby, or to cancel at no award of this Sc.The vet Si have ter(t0)obdar days after further expense to the City. rotihote,of the award by the City to execute the Agreement and provide the regwea Performance Band. 1.19 SAFETY STANDARDS: The Proposes who has the Contract awarded to then and who fats to execute the Agreement and furnish the Performance Byrd The Proposers warrants that the pMUt(s)suppbs to the City and Insurance Certificates within the spatted time shall forfeit the conforms in all respects to the standards set forth in the Sc Scotty that accompanied their Sc,and the Bid Security steal =I:atvW safety and heath act(OSHA)an as amendments. ts. be retained as fig idated damages by the City,and it is agreed that Bids must be acmnparael by a materials data safety sheet(MSOS) this sum is a far estimate of the am=of damages the City vii wren appicable sustain in case the Propme s fats to ester into the Contract and brush the Bonds as herein before provided.Bid Security deposited 1.20 WARRANTIES: in the form of a cashiers check drawn on a kcal bank in good standing shall be subject to the same reduiements as a Sc Bad. Successful Proposers shall act as agent for the City in the fa0ow-up The performance of the City of Sunny Isles Beach of any of as and compliance of all tens set Warranty/Guaranty as complete otig#kns sat the ale--i vita shall be subject to and cont gent all forms for Warranty/Guarantee coverage wade this Contract Nan the avaaabday of funds lawfully expendable for the purposes of the agree rent for the current and any future petds mended 1.21 COPYRIGHTS/PATENT RIGHTS; for wain the Sc specifiotlpns. Proposes warrants that there has been no violation of copyrights 1.13 PAYMENTS' or patent rights in manufactubg, produag or selling of goods shipped or ordered,as a resat of this Sc. The seller agrees to Payment wit be made after canvnodtes/sernees have been 'udertnty City from any and all ',bay, loss, or expense reamed, accepted, and property nvaced as indicated in the occasioned by any such reiolal= contact and/or purchase ceder. Irrvoices must bear the prase order number. 1.22 LOCAL BUS INESS TAX(OCOIPATIDNAL IICENSF REGISTRATION)' 1.14 BRAND NAMES: The contractor shall be responsible for oaniwg and maiaainig If a band name, make, of any 'or equal' manufacturer trade traghaa the contract period his or her city and county kcal name,or vender catalog s mentioned where or not followed by business tax recants. Each vela whinging a Sc on this the wads'approved equal-it is for the purpose of establishing a Request for Proposal shat idle a copy of the contents local grade or quaky of material qtly. Vet may offer equals wpm business tax/oaupat r al terse(s) whin the Bid mums. For appropriate Identfiration, samples, and/a speofaatCns M Urn =rata speak to City of Sunny It Beads local business tells). The Gty shall be the sole judge cone rig the merits of tax/oaupatiaal licenses,please call Cale Enforcement&licensing ores Bid as equals. at(305)792-1705. If the contracct is operating seder a fictitious name as defined in Section 865.059, %oda Statutes, praa of 1.15 MATERIAL: current registration wth the Flea der Secretary of State shat be submitted with the Bid. A business famed by an anamey aawety Mateial(s)defvered to to City under this Sc shall remain the tensed to practice law in this state,by a pesos actively tensed property of the st unit accepted to to satsfad=of the City. by the Department of Business and Professional Regattas or the In the event materes suppled to City are found to be defective or Department of Heath for the arose of paging g hs or her do not condarm to spm0 ati s, the City reeves the at to tensed pofessi n, or by any Iurpoeabm, partesup, or other return the products)to to seller at the sellers expense commensal entity that is actively organized or registered waft the Department of State shall went a copy of the current Ikmtig 1.16 SAMPLES; from the appropriate agency and/or proof of amen active status with the Divsion of Corporations of to State of Florida. Sample of tam, when retuned, must he furnished by to Proposes free of Charge to the City. Each itdtvtdual sample nest 1.23 1 LABILITY INSURANCE PERMITS AND LICENSES; be labeled with the Proposers name and manufacturers trend name and delhvered by then within ten (10) calendar days of Proposes shall assume the M duty,oblgat o,and expense of Proposes recap of the 'Notice to Proceed', unless schedue obtaining all necessary hceses,ferries,nspect cans,and nsurance imitates a different tune If samples are requested subsequent to rewired. The Proposes shat be fade for any damages or loss to the Sc opening,they said be delves within ten(1D)calendar to City occasioned by near/genre of the Proposers(or they anent) days of the request The City wil not be responsible for retuning or any person the Proposes has deignated in the conplebon of sanOes. their contact as a rest of the Sc. Catractor shag be re tmied to furnish a campy of all Ikerses,cea Cites of competency or other 1,17 OUANTITY GUARANTY; kensor requrvmnets necessary to practice their profession as required by Florida State Statute,Miam-Dade Canty,and City of Ilo guaranty or warranty is given or implied by the City as to the Sunny Isles Beach Dade. Contractors shall made curtet Plan* taal amount that may or may not be purchased from any resting Dade County Certifrates of Canpetecy. These&cumeas shall City of Sunny Isles Beach I Request for Proposal No. 12-10-03 l5 , S - ;A J CITY OF SUNNY ISLES BEACH 18070 Collins Avenue • Sunny Isles Beach Florida 33160 _ 305.947.0606 www.sibfl.net r : in — — t!: ' ia` ;7'2..`OP SE Oe S' q'y Jr 5530 FN be Turn sad to the City along with the Bid resoonse Faun to delivery schedules may resit is the Ca trartar bang land n furnish these &numeaa. or to have required hcesor wi be default. grounds for rejecttrig the Bid. 1.28 DEFAULT PROVISION: 1.24 CERTJFICATE(SI OF INSURANCE: In case of default by the Proposers,the Gay of Sunny Isles Beam Proposers dial thrash to the Office of the Cay Oak,GAY of Sthey may pra are the articles or services fall ate sane and hold It Beam, 18070 Cain Avenue, Sunny Ides Beam, nbsda the Proposers responsible fa any mess oasts occasioned or 33160, capf.cate(s) of insurance which indicate that insurance incurred thereby. coverage has been ottabed from an insurance company auMbbed to do bus ess as to State of Florida or otherwise secured in a 1.29 SECONDARY/OTHER VENDORS; manner satisfactory to the City, for those coverage types and amounts Isted in the document,in an amount equal to 10096 of rte City reeve the right in to tent the emery meat carnet the rerrykelents and shall be preseted to the Gty prior to provide an tern(s)or savie(s)in a toady manna as retreated,to issuance of any Cmtract(s)or Award(s)Document(s). The Oty of seek other sources went vitiating the iaent of the Catract. Sunny Isles Beach shall be named as 'addatesal owed' was respect to this coverage. The required catfotes of swrarce 1.30 DEFINITIONS: shall not ally name the types of pdkies provided,but shall also refer spenfhcaly to the Bid and satin. At the bane of Be Wherever used as these General Cbrlaims or in the other Contract etsit59_^the Proposers must nut of certificates of kssurarce as Documents,the folowi g tenor shall have the meanirg iodated oohed in the General Coesduons serum. AI required assurances which stud be appbcable to bah the singular and dual thereof: shall name the City of Sorry Ids Beach as add0ahal inured are such insurance seal be issued by companies authorized to issue Acceptance: Acceptance by the Gty of the Work as insurance is the Site of Honda. It shall be the resporstitikry of bang hey complete in aaodarre with the Proposes are usurer to rarefy the Cay Manager of the City of the Contact Oddments subject to Sorry Isles Beach of carcelauon,lapse,or matetd nndiicatm of waver of cans any insurance pasties nsaaig the Proposes,what relate to the activities of suds vendor and the Gty of Sunny It Beach. Such Agreement The written s.-.het between the City noesfit n shall be in wrung,and shat to subrtoted to the City and the Conbacior covering the Work to (.once support send doctor tarty (30) days prior to be performed, welch niches the cute atm of sad paces. This requtreznart steal he reflected on Ca•at Documents. the certificate of insurance. Failure to fully and satisfactorily comply with the othes assurance and bending requirements set Addenda: Witten or gaphk instruments issued forth heron wit authorize the City Manage to dpknent a prior to the Be Opm4g which modify recession of the Bid award witnu t further City Conadsdm amen. or interpret the Catract Documents, The Proposes hereby holds the City harmless and agrees to Drawings and Spearcatians. by irtenndy Co and covenants not to sue the City by virtue of such adduon, ddmorrs, tarnrgtons or resassen. anger. 1.25 ASSIGNMENT; Approved: Means ahrovs by the City. The Contractor shall not transfer or assign the performance Bid: The offer of the Proposes W ntted CO reputed by this Bid without prior rotten present of to Gty the tweeted form sating lath the Manage. Any award issued pursuant to the Request for Proposal prices for the Work to be pertained. and noses which may be due hereunder are rnt assignable except with poor written approval of the City Manage. Further,in the Proposers: Any prim, firm a wrporaten event that the ma$nty ownership or contra of the Contactor submitting a Bid for Work. changes hands subsequent to the award of the =tract. Contractor shal promptly natty Cay in voting he United States Bonds: Rd, performance band and other Postal Seance-Cetted Mad,Return Receipt Requested)of sits i stmaas of secumy,furnished by the change in ownership or control at least taw(30)days pint tl CmbdcIo and thew surety fs acts charge and Co shat have the right to terminate the contract accolade with the Ca trait upon sttty(B0)days writer rot ice,at Guys sole dlsaetim. Do umere and n a[adanoe with the law of the State of Fbrba. 1.26 MOLD HARMLESS/INDEMNIFICATION; Change Order: A written ardor to the Contractor signed The Comrade shall ndematy,hold harries,and defend the Cmy by the Cay authoring an additbs, of Sunny Isles Beach,Ks officers,agoras and employees fan and deleton or revision in the Work•a an against any&mass,demands or causes of action of whatsoever adjusbnent in the Contract Price Or the kind or nature ansng at of era,cresol,regfgent act,mndua, Central Tune issued after esmstm of or misconduct of the Cratractor, then agents, savants or the Agreement. enpgrs as the prbvston of goods a the performance of senates pursuant to this Ed and/or horn any procurement derision of the City: Guy of Sunny Ides Beach,18070 Collins Guy enduing without lktaalias, awarding to Contract to the Avenue, Sunny It Beach, Florida Contractor. 33160. 1.27 NON-CONFORMANCE TO CONTRACT: Contract Documents: Catract Documents shall nice, Instrutars to Proposes, Contactors The City of Sunny Isles Beam may wMNhnld aaeptarce o, or Bid,the Pacts,the Notice of Award.the reject tens whim are found upon eanvetim,not to meet to Agreement between the Cray and spm0raten fa:wanents. Upon wades notdhcatnn of resection, Contractor as wed as any addenda items dial be removed wean(5)Calendar days by to vendor at thereto, thee General Casdtipns, their own expense and redefwered at their expense Rejected Special Canduom, the Technical goods left linger than duty(30)calendar days coil be regarded as Speafdatbs, Oram gs and abandons and the Guy sisal have the right to dispose of then as Molfcaba rs, Notce to Proceed, as own property. Rejection for rurconfo nsance or hive to meet Request for Proposal. Insurance Certificates, Change Orders and City of Sunny Isles Beach I Request for Proposal No. 12-10-03 116 • • _ - t• CITY OF SUNNY ISLES BEACH. 18070.Collins Avenue - ' � Sunny 305.947.0606 www.sibfl.net ..-• . • fjs n -il- 1, Qyk of SUN Acknowledgment of Cot-ma ce with the City of Sure y Isles Beach. Written Notice: The term'Nome'as used herein shall mean and Etbide al mitten nottes, Contract Price: The total menet payable to the demands,instructions,darns,approvals Contractor under the Contract are tsappro'vars regimil to obtan Documents. compliance with Canumt requrernacs. Winton notice shat be deemed to have Contract Time: The number of calendar days stated n, been duly serves t deACed in parson the Agreement for the conpktim of the to the mdmolrel or to a neater of the work firm or to an oRker of the petit: for Men C is natal, or to an Contracting Officer: The hididual who is authored to sign aWak2ed representative or such the contact documents on behalf of the utlividual, fan, or mrpa-ate, or if Citys governing body. delivered at or sot by registered trial to the last business address Imam to Contractor: The err son, rum ar taratal with then who pros to notice Unless whom the City has exerted this otherwise stated n writing, any notice Agreement to or demand upon the City under this Contract shall be deiveed to the City. Day: A calendar day of twenty-four hours measured from midnight to the nee 1.31 PIP AWARD; midnght. The City resents the right to reject any and al Bids at as sae Field Order: A vmtten order issued by the City which dooeton. Eids shall be awaited by the City after the City derfes or sterate the Caead performs all necesary searches,ugsmies,ertleraten,and analysis Documents or cedes nine charges in of the Bids. The Bid shall be awarded to the bore t respasitle the Work. and responsive proposer whose Bo test serves the interests of and represents the best value to the City in cordonmmty with the criteria Modification: Modification means any me of the set forth in Setion 62-8 of the C y Cade. No Notice of Award MI following: (a)a written ar endnct of be given and the City has confided any eive igaous(s)as they the Contract Documents signed by both deem necessary to establish the Pic rise's apathy to perform parties, (b) a Change Order. (c) a the Services as decried in this PPP, RB, RFQ or RQ as written clarification or interpretation if substantiated by the requtred professional of erece. dint issued by the City,or(d)a written ore references, technical knowledge and qualfeatms; and suffkimt for mirror Mange or ateratm in the labor and equipeet to candy with the atles esabtshhed Work issued by the City. A modtiation standards, as well as the financial apathy of to Prapose to may only be sand after execute of perform the Work in armdaee vets the Contract Docamma to the Agreement the satsfatbn of the City within the tee Pealed. The City reserves the right to reject the Be of any Proposes on the basis of Notice of Award: The written notice by City to the thee queries and nvestgatius and who are not meet the Ctys apparent successful Proposers statng satisfaction,even though the Ism may be the beet dtltars and that upon ciOiance with the cents Bid. In analyzing Bids, the City veil also take into msd[ms precedent to be MOW by oanideratm dent reeeaes, past week experience and work him when the time specified, City wit poduct,prweh ability to satisfactorily perform If the Conrad is execute and deliver the Agreement to awaited, the City wit sore the Nola of Award and give the him. successful Proposes a Contact for executes within ninety(90) days after opting of Bids The City retina*reeves the sight Samples: Physical etamjes which lfustrate to award the ca-tact to a proposer who is not necessarily the materials, equitent or wakmanshe beet dollars and cots proposes on the basis of the results of and esab8sh standards by which the these queries aril livesbga[bn(s). Work veil be judged. 1.32 Eu CUTION OF AGREEMENT; Specifications: Those cartons of the Catad 000aemh consisting of written At least four counterparts of the Agreement, the Pa-ta-mance tetlnkal demiptors of materials, Born,the Certfcates of Insurance and such plc DM-Melt as equipneht, mnsbuObn systems, required by the Cenral Doeoets shall be executed and standards and workmanship p as applied delivered by Contacts.to the City mhn ten(10)calendar days of to the Wok tecep of the Notice of Await. Statement of Service: The farm furtmted by the City which s 1.33 LAWS AND REGULATIONS: to be used by the Contractor n requesting progress paynt2s. The Contractor ml give all notice are manly with all laws, ordnarces,roles and regulate applalle to the Wok If the Supplier: MY petal or organization win supple; Ca-tractor Observes tut the Specifications are at variance materials or equipment for the Work, therewith,they ma give the CAy prompt written rota thereof,and mitring that fainted to a spacial any necessary Menges shall be adjusted by an appropriate design,but who does not perform labor nndfroba . If the Catrats.reforms any Work known;it to be at the sae contrary to sat laws, admire, rues and megxtlt s, and without such floe to the City, they will bear all costs arising Work: My and all obligations, duties and wterefrom. responsid aes necessary to the successful conpeton of the Project 1.34 TA%E5: assigned to or undertaken by Cat:recta under the Conrad Docnntis, The City of wary Isles Beach is exempt free sales tax imposed by including al labor,materials,equipment the State ard/a Federal Government. Ronda Sales Tax Exempt; and other ntldenals,and the funshng No. 23-20-477131-S4C appears an each purchase order. thereof. EventCon certfiates are avalade upon sited. City of Sunny Isles Beach I Request for Proposal No 12-10-03 7� CITY OF SUNNY ISLES BEACH - 18070.Collins Avenue • ~� Sunny Isles Beach,Florida 33160 5°' :I,af 305.947.0606 wwwsibH.net 'CO" 1n • `•' r'9 j- r h7 - mt0° ye" C,'y Di SON P'42 incorporated an a Change Order. If after terinnatcn of the 1.35 DUTY TO DEFEND.INDEMNIFY AND SAVE HARMLESS; Contractor under this Section, 4 is determined by a court of competent jurisdiction for any reason that the Contractor was not In consideration of the separate sum of twenty-free dollars(525.00) in default,the rights and obligations of the City and the Contractor and other valuable consideration, the Contractor shall defend, shag be the same as if the termination had been issued pursuant to walemdy and had flaniess the City, as officers, agents and this documert =Payees, from at on account of any Injuries at damages. received or sustained by any person or persons Mang or as 1.37.1 Where the Contractors service. have been so accdast of any operations connected with the Work described ed n teminats by the City said tenmaDm shall not the Contract Documents, or by at in corisequece of any affect any rights of the City against the Contractor ambience in morucoon with the same:or by use of any irrnproper them edsLq a wlitls may the®Rer accrue. My materials or by or on account of any act a anssgn of the said reteMon or payment of moneys by the CO due the Contractor or has Sub-Contractor,agents,savants or eri ogees Coorracta will not release the Contra:ea flan The Contractor wa defend,men*and hold taintless the City day. and them agents or enployees from and against all dons, damages,losses art expenses including attorneys'fees arising out 1.37.2 Upon ten(10)days written notice to the Contractor, of or renting from the performance of the Wale, provided that the City may,walnut cause and without prejudice to any such dam damage,loss or expense(a)is aNnbutade to toddy any other right at remedy, elect to(emulate the mjury,sab ess,disease or death,or to injury to or=Cruet=s of Agreement. In such case, the Catmctor shag be tangle property(otter than Work itself)uxliuding the loss of use pad for all Wan executed and accepted by the City resulting wheelran and(b)is caused in whole or in part by any as of the date of the tesmsazvs. No payment shall negbgent act or omission of the Contractor,Sub-Contractor,anyone be made for pmft for Watt whith has not been Minty or mceetly employed by any of then or anyone for whose performed. acts any of then may be lade.regardless of whether or not 4 is caused by a party mem:ied hereunder. In the event that a can 1.38 EO MISCELLANUS: of canpetent laisdittion detemmlrmes that Sec.725.06(2), ES is apokoble to this Work,then in ken of the above provisions of this Proposes acknowledge the Iolowug niscellaneos co idaions: section the parties agree that Contracts shall itleraify,defer] and told harmless the City,Nei:officers and enpbrees,to the 1.38.1 Whenever any prosis=of the Cali t Moments filet extent assorted by Sec.725.06(2)F.S,which statutory reuines the giving of water nonce 4 slid be provisions sisal be deemed to be incorporated herein by reference deems to have been :fluidly given if deiaeD n as if fly set forth heren. In the event that any action or person to the inanduel or to a member W the firm a Proceeding is brought against City by reason of any rah dam or to an officer of the corporation for whom it is demand, Ca-eractor, upon written entice from Coy shag defend intends,at if delves at at set by regs[es at such action or proceeding by camel satisfactory to Cty. Tte cetrfed mat, postage prepaid,to the last business ndem rid ac n ponied above shall oblgate Contractor to defend address known to than who gives the notice. at as own expanse or to provide for such defame,at caps option, any and al dawns of liab lity and all suits and actions of every name 1.38.2 The Contract Documents shad ranan the property of and annum that may be dawn against City,esck di g City hie City. The Coaractor sal have the rigs to keep these whoa allege but the injures arose out of the sole regkgence are record sec ot the Contact D0ommend upu of City,which may resat ban the neatens and activities under comDenim of the Pro)ea. this Contract whether the Wan be performs by Canada,its SubfmtaUas,a by anyone drectty or indiecy employed by 1.38.3 The duties as obfgate so s imposed by these General ether. Contains, Spinal Condoms and Saplemem= Conditions and the rights and reesles avaaatie 1.36 DECISIONS ON DISAGREEMENTS: hander,as, in patioamr b4 with=bridtbs, the warranties, guarantees and obligations nosed The Cay will be the intal interpreter of the Technical upon Contactor and Nose in the Special Conitvss Spearmints. and the rigors and remedies avaaade to the City, shall be in addition to,and shall cot be cnsmcd n 1.37 ITN MAY TERMINATF; any way as a l mation of,any rights and remedies available by law, by special guarantee or by other If the Contractor is adjudged bankrupt or collet,or if they nuke provisions of the=tract Doapmerts. a general assignment for the benefit of Nei actors, or if a trustee or receiver is appointed for the Contractor or for any of 1.38.4 Shouki the City or the Contracts Suffer njay a their property,or if they file a potion to lake advantage of City damage to as person or property because of any deLNrs act,or to reorganize under bankruptcy or similar taws,at of en,°mssion.or act of the often of any of their they repeatedly fads to suppFy sufficient skilled workmen or seta= enpinyee or agents or Wines for whose acts they materials or equiament or if they repeatedly di t make prompt are legally kale.clam shall be made in venting to the payments to Sub-Contractors or for lab t,material or equipment other party within a reasonable tee of the first or they disregard laws,ordinances,rules,regaati s or orders of observance of Such in jury or damage. any attic body haven jmsditon, or if they disregard the authority of the City,of it they=lemma viobte any precision of, 1.39 WAIVER OF JURY TRIAL: the Contract Documents,then the City may,without preisie to any Come right or remedy as after grew the Contractor and the City and Contractor knowingly, mecca** vo annly arc Surety ten(10)days written notice,termnate the services of the intentionally wake any right ether may have to a triad by jury in Contractor and take possession of the Project and of all materials, State or Federal Cart proceedings in respect to any action, equipmet,tons,construction eluipnet and madiney thereat proceeding, lawsuit or coca tarlam base ups the Contract owned by the Contractor,and finish the Wak by whatever rased Documents or the performance of the Wok thee under. they may dean expedient In such case the C..wator shat not be entitled to receive any further payment untl the Work 1.40 GOVERNING LAW; (rushed. If the apaid balance of the Contract P:ie exceeds the direct and indiei costs of completing the Project, iuhdig The Contract shall be construed n a®rdance sets and governed compensation for additonal professional services,such excess shall by the law of the State of Fbida. be paid to the Cantrana. If soh oasts emceed sat apad balance,the Contractor wl pay the diffePnce to the City. Such 1.41 Y ri= costs incurred by the City Ml be determined by the Cay and t ry City of Sunny Isles Beach I Request for Proposal No. 12-10-03 i8 r CITY OF SUNNY ISLES BEACH 18070 Collins Avenue Sunny Isles Beach Florida 33160 DAyd Fre - , • 305.947.0606 F : 4r _ wwwsbfl net sO•\n hE' =0iO°s =iP Cy'r gr y Os 5014 b V Venue of any action to entree the Contract Documents shat be n CAy al such books arc records and as punts, financial or Memi-lltle County,Fbta. otherwise,which relate to the Probe t and to any data far a pee of three years tdlowg find catoe ton of the Project. Dunn;the 1.42 ARBITRATION; Project and the three year penal folowiq foul anthem of the Project. Contractor shall provide Cty access to as books and ft a the'mention of the parties that whenever possible,t a dispute records upon free days written none a cmboresy arises hereunder then such dispute or c vitro esy shall be settled by amtraton n acardance with One procedures. 1.44 SFVFRABILITY; Mee and regulates of the American Arbtat s Association. The demon rendered by the Ardtrator shall be final and bong upon If any damson of the Caftan or the applicant,thereof to any the parties and judgment upon the award rendeai by the person or satiation steal to any eche, be held iiva5d or arbitrator may be enteral in any court having yrisdictort unenforceable,the remainder of the Cortract,and the aerate Art ration shall be held in Miami-Dade County,Ronda. Al costs of of Such provisions to persons or stoat is tole than tone as to ardtraton and atomeys'fees noire]by the parties shall be pad which it shall have heal bald sward or unenfaceatle shall not be by the non-prevaBrg party or, if rtither party freak on the affected teeth,and shall continue in full force and effect•and be wade,each party shall be responsible to a paean of the costs of edited to the latest extent pernxtel by law. arbitration and then resyective attorneys' fees as may be detemted by the mart on onfmation. 1.45 INDEPENDFNT rONTRAnTOt 1.43 PROJECT RECORDS: The Contractor is an Itlepertlert Contractor under the Contract. Services provided by the Contractor sisal be by employees of the City shall have right to nspect and copy during regular bustles Contractor and subject to supervise by the Catatia,and not as tours at Cry's expense,the books and records and accounts of officers,uhhu.4,,.,,+,or agents of the City. Personae panes,tax Contracts which relate in any way to the Project.and to any dam respas9tiloes, social security and health issuance, employee for additional mrrupessaton made by Contractor,and to conduct an benefits, purchase; Polies and other sale adnchistratrve audi of the financial and accounting records of Contractor which procedures, applicable to services narked under the Co tract relate to the Protect. Contracts shat ream and make available to shall be those of the Contractor. End of Section ;F - City of Sunny Isles Beach I Request for Proposal No. 12-10-03 X94 j:- -- • ' CITr OF SUNNY ISLES BEACH' . 18070 Collins Avenue • Sunny Isles Beach, Florida 33150 =<Ff° 0 0_6 i . _ Y 3 5 947 wwwsibllnet - . _ :f ^� • ;` o`e e• o 't OF SUS FN Section 2 Special Terms and Conditions 2.1 PURPOSE OF BID: The City of Sunny Isles Beach (the "City") intends to secure the services of a qualified contractor to supply and install ARTIFICIAL TURF FOR SENATOR GWEN MARGOLIS AND PELICAN COMMUNITY PARKS. It is the intent of this proposal document that all work shall result in compliance with the specifications documents and all regulatory requirements applicable to such service. 2.2 PRE-BID CONFERENCE Intentionally Omitted 2.3 TERM This contract shall commence upon the date of the purchase order and shall remain in effect until such time as the commodities, equipment and/or services acquired in conjunction with this Request for Proposal, have been completed and accepted by the City's authorized representative and upon completion of the expressed and/or implied warranty periods. 2.4 OPTIONS TO RENEW Intentionally Omitted 2.5 METHOD OF AWARD See section 4 2.6 PRICE Prices shall remain fixed and firm through the term of the contract 2.7 PERFORMANCE BOND The City of Sunny Isles Beach shall require the successful Proposer to furnish a Performance and Payment Bond in the amount of 100% of the total Proposal Price, with the City of Sunny Isles Beach as the Obligee, as security for the faithful performance of the Contract and for the payment of all persons performing labor or furnishing materials in connection herewith within ten (10) calendar days after notification of the award by the City. The bonds shall be with a surety company authorized to do business in the State of Florida. 2.8 BID BOND , City of Sunny Isles Beach I Request for Proposal No. 12-10-03 ,10 -.-• CITY OF SUNNY ISLES BEACH • • 18070 Collins Avenue Ff Sunny Isles Beach Florida'33160 Su"" 1r<F ;f 305 947.0606 www.sibf.net Y�s n _ C''•Of SUS The City of Sunny Isles Beach shall require that every Proposer furnish a Bid Bond in the amount of 5% of the total Proposal Price. 2.9 DELIVERY Intentionally Omitted 2.10 INSURANCE Comprehensive General Liability with minimum limits of Five Million Dollars ($5,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: o Premises and Operation o Workers Compensation (Statutory) o Independent Contractors o Products and/or Completed Operations Hazard o Broad Form Property Damaged 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. o Errors and Omissions 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 vendor will file and make sure that all certificates of insurance required by this document and by the Contract are in the City's possession. These certificates shall contain a provision that the coverage afforded under the policies will not be canceled or materially changed until at least thirty (30) days prior written notice has been given to the City by certified mail. The City shall be named as an additional insured on the above-referenced policies. The vendor agrees that if any part of the Work under the Contract is sublet, they will require the Sub-vendor(s) to carry insurance as required, and that they will require the City of Sunny Isles Beach I Request for Proposal No. 12-10-03 4 11 4-.. CITY OF SUNNY ISLES BEACH r 18070 Collins Avenue Sunny Isles Beach, Florida 33160 s"" <F • 305.947.0606 - _ tti he a0° 4 (`irk at SUS ta a Sub- vendor(s) to furnish to them insurance certificates similar to those required by the City in this section. 2.10.1 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. 2.11 METHOD OF PAYMENT: PHASED PAYMENTS FOR WORK COMPLETED The City shall provide partial payments for work completed by the successful vendor during various phases of the work assignment. The bidder shall provide fully documented invoices, which indicate, in addition to the basic information set forth below, the time and materials provided to the City user department(s) that requested the work through a purchase order. It shall be understood that such invoices shall not be authorized for payment until such time as a City representative has inspected and approved the completed phase of the work assignment. The percentage or component of completed work which corresponds to the acceptable payment schedule shall be as follows: All invoices shall contain the following basic information: I. Vendor Information: • The name of the business organization as specified on the contract between the City and vendor • Date of invoice • Invoice number • Vendor's Federal Identification Number on file with the City II. City Information: • City Purchase Order Number III. Pricing Information: • Unit price of the goods, services or property provided • Extended total price of the goods, services or property City of Sunny Isles Beach 1 Request for Proposal No 12-10-03 Z12 + r ,:,,:to CITY OF SUNNY 15LES BEACH c t� 18070 Collins Avenue' ^. ' ;^ Sunny Isles Beach Florida 33160 s�"" '?<E 5 f• 305 947.0606 of wwwsibfl.net - n rl.-Cri 61 47 e iJr SO,P� • • Applicable discounts IV. Goods or Services Provided per Contract: • Description • Quantity V. Delivery Information: • Delivery terms set forth within the City Purchase Order • Location and date of delivery of goods, services or property VI. Failure to Comply: Failure to submit invoices in the prescribed manner will delay payment. 2.12 FEDERAL AND STATE REGULATIONS The successful Proposer shall comply with all federal, state and local rules and regulations, and any other laws that would apply to operating a similar type of business. 2.13 EXAMINATION OF SITE (MANDATORY). Prior to submitting its offer, the vendor is required to visit the site of the proposed work and to become familiar with any conditions which may in any manner affect the work to be done or affect the equipment, materials and labor required. The vendor is also required to examine carefully available drawings and specifications and be thoroughly aware regarding any and all conditions and requirements that may in any manner affect the work to be performed under the contract. No additional allowances will be made because of lack of knowledge of these conditions. For site visitation appointment, contact City representative Helen Gray at 305-792- 1913 to schedule a date and time for a field visit. Each offer shall be accompanied by an affidavit prepared by the vendor affirming that the vendor has visited the site, examined the bid documents and is not guilty of collusion or fraud in the preparation of the offer. If multiple sites are included in this solicitation, the vendor shall supply an affidavit for each site. If the affidavit is not included in the offer the offer may be considered non-responsive. Vendors who have provided, or who currently are providing, services at the site of the proposed work are not exempted from the requirements of this section. 2.14 "EQUAL" PRODUCT CAN BE CONSIDERED UPON RECEIPT OF SPECIFIED DATA The manufacturer's name, brand name and/or model number information contained in this solicitation are being used for the sole purpose of establishing the minimum requirement of level City of Sunny Isles Beach 'Request for Proposal No 12-10-03 -13 • € t r-4 ' . CITY OF SUNNY ISLES BEACH • 18070 Collins Avenue :t Sunny Isles Beach, Florida 33160 • 305 947 0606 wvw.sibfl net Crib =1 /ffiKt 47- O y q9Ya� OF Stitt of quality, standard of performance, and design and is in no way intended to prohibit the offer of another manufacturer's items of equal material unless otherwise indicated on the Bid/Proposal Submission Form. This specific solicitation requires submission of the following documentation to enable City evaluation of"equal"products: : Product Information Sheets : Technical Specifications and Details : Product Samples with Initial Offer : Product Samples Upon Specific Request : Product labels : Performance Test Results If an "equal" product may be considered by the City in accordance with the Bid/Proposal Submission Form, the unit shall be equal in quality and standards of performance to the item specified in the solicitation. Where an "or equal" item is offered, and product information sheets are required, the initial offer must be accompanied with two (2) complete sets of product information sheets (such as factory specifications, standard manufacturer information sheets, catalogues, and brochures), and if required, two (2) copies of performance test results of the unit offered as an equal.. Also for product information submittals, all supporting documentation submitted by the offeror must in total meet the required specifications set forth in this solicitation. Where the standard product literature submitted with the offer provides information that does not comply with the specifications, the offeror shall state, in an official letter on corporate letterhead as part of their initial offer, the differences between the item they are specifically offering, and the equipment described by the standard product literature, to substantiate compliance to all of the specifications set forth in this solicitation. In such cases, any offer submitted with standard product literature but without the letter explaining compliance will result in the rejection of the offer for not meeting the solicitation specifications. If samples of all "or equal" items bid are required for evaluation, such items are to be provided at no cost to the City, and should be submitted with the initial offer, or at the time of specific request. Failure to meet this requirement may result in your offer being rejected. For "equal" products to be evaluated based on submission of product labels, the initial offer should be accompanied with labels indicating the specification and ingredients for each "or equal" item offered. Failure to meet this requirement may result in your offer being rejected. The City shall be sole judge of equality, based on the best interests of the City, and its decision in this regard shall be final. Items labeled "No Substitute" on the City's Bid/Proposal Submission Form are the only products that will be accepted under this solicitation. 2.15 LIQUIDATED DAMAGES FOR INCOMPLETE PROJECTS Failure to complete the project in accordance with the specifications and to the satisfaction of the City within the time stated shall cause the vendor to be subject to charges for liquidated r, - City of Sunny Isles Beach I Request for Proposal No. 12-10-03 d4 -- 4. ' CITY OF SUNNY ISLES BEACH = 18070.Collins Avenue , • Sunny Isles Beach, Florida`33160 ' s�"�"` SF, 305.947.060_6 www,s,bFInet tJs`b �: C, ' 410 Of SUN P damages in the amount of for each and every calendar day the work remains incomplete. As compensation due the City for loss of use and for additional costs incurred by the City due to such non-completion of the work, the City shall have the right to deduct the said liquidated damages from any amount due, or that may become due to the vendor under this agreement, or to invoice the vendor for such damages if the costs incurred exceed the amount due to the fault of the vendor. The amount of of liquidated damages is $500 per calendar day. 2.16 WARRANTY SHALL BE TEN YEARS FROM DATE OF ACCEPTANCE A. Type of Warranty Coverage Required In addition to all other warranties that may be supplied by the bidder, the bidder shall warrant its products and/or service against faulty labor and/or defective material, for a minimum period of ten (10) years after the date of acceptance of the labor, materials and/or equipment by the City. This warranty requirement shall remain in force for the full ten (10) year period; regardless of whether the bidder is under contract with the City at the time of defect. Any payment by the City on behalf of the goods or services received from the bidder does not constitute a waiver of these warranty provisions. B. Correcting Defects Covered Under Warranty The bidder shall be responsible for promptly correcting any deficiency, at no cost to the City, within 7 calendar days after the City notifies the bidder of such deficiency in writing. If the bidder fails to honor the warranty and/or fails to correct or replace the defective work or items within the period specified, the City may, at its discretion, notify the bidder, in writing, that the bidder may be debarred as a City bidder and/or subject to contractual default if the corrections or replacements are not completed to the satisfaction of the City within 7 calendar days of receipt of the notice. If the bidder fails to satisfy the warranty within the period specified in the notice, the City may (a) place the bidder in default of its contract, and/or (b) procure the products or services from another vendor and charge the bidder for any additional costs that are incurred by the City for this work or items; either through a credit memorandum or through invoicing. 2.17 GUARANTEE AGAINST DEFECTS SHALL BE 90 CALENDAR DAYS The vendor shall, in addition to all other guarantees, be responsible for faulty labor and defective material and equipment within a period of 90 calendar days after date of acceptance of the labor, material and/or equipment by the City. The vendor shall promptly correct these deficiencies, without cost to the City, within 10 calendar days after the City notifies the vendor of such deficiencies in writing. Payment in full for the work does not constitute a waiver of guarantee. 2.18 ACCEPTANCE OF PRODUCT BY THE CITY The product(s) to be provided hereunder shall be delivered to the City, and maintained if applicable to the contract, in full compliance with the specifications and requirements set forth in this contract. If a vendor-provided product is determined to not meet the specifications and City of Sunny Isles Beach !Request for Proposal No 12-10-03 15. - CITY OF SUNNY ISLES BEACH • • 18070 Collins Avenue` y • Sunny Isles Beach, Florida 33160 305 947 06 o/ . ..a.. . .06 _ f\ y www.sibfl.net : �, b /: "'OP ^�--t ‘ 54. C'• Of Sit'�lAC requirements of this contract, either prior to acceptance or upon initial inspection, the item will be returned, at vendor expense, to the vendor. At the City's own option, the vendor shall either provide a direct replacement for the item, or provide a full credit for the returned item. The vendor shall not assess any additional charge(s) for any conforming action taken by the City under this clause. 2.19 ACCIDENT PREVENTION AND BARRICADES Precautions shall be exercised at all times for the protection of persons and property. All vendors performing services under this contract shall conform to all relevant Federal, OSHA, State and City regulations during the course of such effort. Any fines levied by the above mentioned authorities for failure to comply with these requirements shall be borne solely by the responsible vendor. Barricades shall be provided by the vendor when work is performed in areas traversed by persons, or when deemed necessary by the City Project Manager 2.20 CLEAN-UP All unusable materials and debris shall be removed from the premises at the end of each workday, and disposed of in an appropriate manner. Upon final completion, the vendor shall thoroughly clean up all areas where work has been involved as mutually agreed with the associated user Department's project manager. 2.21 BACKGROUND CHECKS The successful Proposer will be responsible for hiring the necessary personnel to conduct the specified services and will comply with all federal, state, and local laws related to minimum wage, social security, nondiscrimination, Americans with Disabilities Act ("ADA"), unemployment compensation, and workers' compensation. The successful Proposer and all personnel employed by them shall be required, at their sole cost and expense, to pass a criminal background check prior to award of the contract, and every renewal term. The criminal background check shall consist of a Florida Department of Law Enforcement ("FDLE") Florida Crime Information Center/National Crime Information Center ("FCIC/NCIC") criminal records check. Any employee not meeting this requirement will not be permitted to work at any City facility. 2.22 DEFICIENCIES IN WORK TO BE CORRECTED BY THE VENDOR The vendor shall promptly correct all apparent and latent deficiencies and/or defects in work, and/or any work that fails to conform to the contract documents regardless of project completion status. All corrections shall be made within 10 calendar days after such rejected defects, deficiencies, and/or non-conformances are verbally reported to the vendor by the City's project administrator, who may confirm all such verbal reports in writing. The vendor shall bear all costs of correcting such rejected work. If the vendor fails to correct the work within the period specified, the City may, at its discretion, notify the vendor, in writing, that the vendor is subject to contractual default provisions if the corrections are not completed to the satisfaction of the City within 10 calendar days of receipt of the notice. If the vendor fails to correct the work within the period specified in the notice, the City shall place the vendor in default. City of Sunny Isles Beach I Request for Proposal No 12-10-03 b `M' CITY OF SUNNY ISLES BEACH 18070.Collins Avenue "(2! Sunny Isles Beach Florida 33160 • s�/" ,-L`F+ 305 947.0606 s - - www.sibfl.net y. or r ••-.�e C.14 SO yW OF s �a 2.23 FURNISH AND INSTALL REQUIREMENTS The specifications and/or statement of work contained within this solicitation describe the various functions and classes of work required as necessary for the completion of the project. Any omissions of inherent technical functions or classes of work within the specifications and/or statement of work shall not relieve the bidder from furnishing, installing or performing such work where required to the satisfactory completion of the project. 2.24 LABOR, MATERIALS, AND EQUIPMENT SHALL BE SUPPLIED BY THE VENDOR Unless otherwise provided in Section 3 (entitled 'Technical Specifications"), of this solicitation the vendor shall furnish all labor, material and equipment necessary for satisfactory contract performance. When not specifically identified in the technical specifications, such materials and 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. 2.25 OMISSION FROM THE SPECIFICATIONS The apparent silence of this specification and any addendum regarding any details or the omission from the specification of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail, and that only materials and workmanship of first quality are to be used. All interpretations of this specification shall be made upon the basis of this agreement. 2.26 SAMPLES MAY BE REQUIRED DURING EVALUATION After the City opens the Bid Proposals, the bidders may be required to submit a sample for the goods to be supplied for evaluation by, and at no cost to the City. If samples are required, the City will notify the bidder of such in writing and will specify the deadline for submission of the samples. Each individual sample shall be clearly labeled with the bidder's name, bid number, bid title, manufacturer's name and brand name, and style number if applicable. If the bidder fails to submit the samples, properly labeled, within the specified date stipulated in the notice, the City shall not consider the bidder's proposal for that item(s); provided however, that in the event of a group or aggregate award, the bidder's proposal will not be eligible for that group or in the aggregate as applicable. All samples shall become the property of the City of Sunny Isles Beach. The City reserves the right to perform its own testing procedures or to send any and all samples any certifiable laboratory for analysis. Any costs for testing shall be borne by bidder. On the basis of this testing and analysis, the City shall be sole judge of the acceptability of the sample in conformance with the bid specifications and its decision shall be final. Any sample submitted shall create an express warranty that the whole of the goods and/or services to be provided by the bidder during the contract period shall conform to the sample submitted. The bidder shall be required to provide adequate restitution to the City, in the manner prescribed by the City, if this warranty is violated during the term of the contract. END OF SECTION City of Sunny Isles Beach I Request for Proposal No. 12-10-03 .�R i SS .a>_ . ..- .�. .�s.,r .RC"T'. °!KCB.":3 4 ww-T! r=�s.. -__ My.a'r- _ Y+H- if--tet a�,� - CITY Or SUNNY ISLES BEACH 18070 Collins Avenue` 3 Sunny Isles Beach Florida-33160 • se"'I f 'o• 305947.0606 , a ..u. < c v+v w si6fl net t - ,ce:0- sf o C''Y 01 SUt,P� Section 3 Scope of Services / Technical Specifications 3.1 SCOPE OF SERVICES The City of Sunny Isles Beach is soliciting proposals to furnish and install artificial turf at two separate City facilities being: the baseball/sports field at Pelican Community Park located at 18115 North Bay Road and the soccer/multipurpose field Senator Gwen Margolis Park located at 17815 North Bay Road. The artificial turf shall be specifically designed, manufactured, and installed for the intended sports and events. Typical sports indude, but are not limited to, football, soccer, lacrosse, baseball and softball. At the time of substantial completion, the systems's shock attenuation shall have an average G-max value less than 110 for a padded system based upon ASTM F355A. 3.2 INTENT The intent of this request is to furnish, construct and install, complete in place, artificial turf at the above listed locations. The City desires a complete synthetic turf system consisting of: 1. A vertical draining gravel blanket a minimum of 6 inches thick placed on prepared subgrade proof rolled and compacted to 95%. 2. Premanufactured shock pad. 3. Turf material shall be a polyethylene monofilament and polyethylene texturized blend with a pile height of 1 and a/< inches plus or minus 1/8 inch on urethane backing. The backing shall be perforated for drainage and have a permeability rate of greater than 20 inches per hour. 4. A resilient infill system consisting of a mixture of rubber granules and silica sand or rubber granules only. Granules shall contain minimal dust or contaminants, be uniformly sized particles that are abrasion and wear resistant and shall be uniform in size distribution. 5. Tufted-in game lines and perimeter lines for soccor play at Senator Gwen Margolis Park and for baseball at Pelican Community Park. 6. All edging required for installation. Given the City's desire to have a quality surface installed, price is not necessarily the governing criteria for award. The City, at its sole option, may opt for a higher quality product or schedule considerations. There will be a single award for both fields. 3.3 SCOPE AND SCHEDULE OF PROJECT AREAS 3.3.1 PELICAN COMMUNITY PARK: The scope of work includes replacement of the entire playing surface within the fenced baseball field enclosure at Pelican Community Park including any existing artificial surfacing except the batter's box and pitcher's mound shall remain day. Infield areas, warning track, and baselines shall be an earth tone or day color (as selected by the City), other infield, outfield, and border areas shall be green. City of Sunny Isles Beach I Request for Proposal No 12-10-03 I grlt7, yT 1 ,. • r • -CITY OF SUNNY ISLES BEACH '• ss, _ - 18070 Collins Avenue 4 -- Sunny Isles Beach Florida 33160 s�"�`qteti 305.947.0606 i - o, '71101 www.sibfl.net \o er1 JF sus��0 3.3.2 SENATOR GWEN MARGOLIS PARK: The scope of work includes replacement of the entire playing surface within the fenced enclosure at Gwen Margolis Park. The turf surface shall be green and permanently marked/lined for soccer play. 3.3.3 SCHEDULE FOR WORK Both parks will be available without limitation to the Bidder from June 17, 2013 through August 16, 2013, however, once construction commences shall,proceed uninterrupted until completed. 3.4 WORK INCIDENTAL TO THE CONTRACT The price proposal submitted must, without limitation, include all labor and materials to furnish and install, complete in place, artificial turf surfaces, underlayment, padding, base materials, drainage, curbing, infill or topping materials at the listed facilities including preparing plans or related documentation required for permit submittals to all regulatory and jurisdictional agencies. The cost of the work shall include any and all permits, fees, Maintenance of Traffic, tools and equipment required for the work. Any and all materials that are affected by the work and are not designated to remain shall be offered to the City for salvage with the first right of refusal. Any items or materials that are not wanted by the City become the contractor's property and shall be removed from the sites and properly disposed of at the contractor's sole expense and obligation. 3.5 POST PROJECT SUBMITTALS At the completion of the work, the contractor must furnish the City with one hardcopy of the ten (10) year warranty, product data sheets, including manufacturer contact information, permits, a complete list of any and all subcontractors or vendors and their release of liens. END OF SECTON City of Sunny Isles Beach I Request for Proposal No. 12-10-03 . ' CITY OF SUNNY ISLES BEACH , 4 * - 18070.Collins Avenue Sunny Isles Beach, Florida 33160 305.947.0606 °‘/.24 s ' www.sibfl.net qtj`. n °' y ryf'� si0 'i O �''t Jf 313t4 P� 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 values to the City in conformity with section 62-8 of the City code. 4.2 Qualifications Proposals will be evaluated on the criteria listed below. Technical Qualifications 1. Proposer's relevant experience, qualifications and past performance 2. Relevant experience and qualifications of key personnel, including key personnel of subcontractors that will be assigned to this project and experience and qualifications of subcontractors 3. Proposers approach methodology to providing the services requested in this solicitation 4. Proposed solution functionality, implementation and other objectives and requirements as stated Price 5. Proposer's proposed price 4.2.1 MINIMUM REQUIREMENTS In order to be considered responsive, Proposers shall, at a minimum, demonstrate compliance with the following Pre-Qualification Criteria in their proposal. All requested documentation and/or information shall be provided in the Proposal to confirm that the Proposer has satisfied the Prequalification Criteria in order to be properly evaluated as listed herein. Proposers failing to meet these requirements shall be deemed non responsive. The Proposer shall, at the time of Proposal submittal, time of award, and throughout the duration of the Contract, continue to meet the following Pre-qualification Criteria requirements as stated in the Solicitation Documents. City of Sunny Isles Beach I Request for Proposal No 12-10-03 120: CITY OF SUNNY ISLES BEACH 1 807,0-Collins Avenue t^ Sunny Isles Beach, Horida 33160 - sa"" '<F 305.947.0606 °� www.subfl.net . .i - Flo C''P DP sat+Pao • Proposers must have, as a prime contractor, a minimum of 5 years experience in projects of similar size and scope. 4.3 Price Evaluation The price proposal will be evaluated subjectively in combination with the technical proposal, including an evaluation of how well it matches Proposers understanding of the City's needs described in this solicitation, the prospers assumptions, and the value of the proposed services. The pricing evaluation is used as part of the evaluation process. The City reserves the right to negotiate the final terms, conditions and pricing of the contract as may be in the best interest of the City. 4.4 Negotiations 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 Manager's or 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 Proposal No 12-10-03 ' „ %, CITY OF SUNNY ISLES BEACH r 18070'Collins Avenue r � " Sunny Isles Beoch;Florida 33160 ' • - - swolf °E, • 305.947.0606 0 e • } v ww.sibfl.net -- -- O-``o - ,. .".;;C..1.124 rd . ... - f LO 11.Of SUN�a Section 5 Proposal Format 5.0 FORMAT Proposers must submit (1) original and four (4) copies of the Proposal. The original Proposal must contain an original signature. Be sure that the individual signing the Proposal is authorized to commit the Proposer's organization to the Proposal as submitted. Each page of the Proposal should state the name of the Proposer, the RFP number, and the page number. The City reserves the right to request additional data or material to support Proposals. All material submitted in response to the RFP will become the property of the City. LABEL EACH SECTION AS NUMBERED The proposal must be in the following format. 1. Company Information • In response to this Proposal, all Proposers must provide the following: • Name of Agency/Company (including any "Doing Business As" names) • Company Locations • Internet Web Site Address (if any) • Details of Entity Business Structure (Corporation, Partnership, LLC) • Date Founded • Home office address and 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 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 disdosure outlining how the firm meets or exceeds the requirements of this RFP. • A schedule of proposed services. The schedule should include the Proposer's understanding of the issues and tasks of the project at hand. • Project list demonstrating this minimum experience and shall include, at a minimum: the project, date of completion, base contract amount, number and amount of change orders, if any, the name, address, and phone number of the owner or owner's representative familiar with the work. Specifically list any projects, either complete or underway, that are located in Miami-Dade, Broward or Palm Beach, Florida Counties. City of Sunny Isles Beach I Request for Proposal No. 12-10-03 ;-22}- CITY OF SUNNY ISLES BEACH s . 18070 Collins Avenue . Sunny Isles Beach Florida-33160 "" 'Etc 305947.0606 ' _• ' - www.sibflnet - • •slhI . ... - .- '1, • • c o 0 Jr so P`� • A list of all projects currently underway, the owner, base bid cost and expected completion date. 3. Staffing Relevant experience and qualifications of key personnel, including key personnel of subcontractors, that will be assigned to this project and experience and qualifications of subcontractors • 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 indude. • 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. • Experience and qualifications of staff and satisfactory record of performance of staff • Each Bid must identify the name(s) and address(es) of all Subcontractors, suppliers and other persons and organizations induding those who are to furnish the principal items of material and equipment. If requested by City after Bid Opening and before Award, the successful bidder shall submit to City additional detail on any or all Subcontractors or Suppliers including without limitation, pertinent information regarding similar projects, and other evidence of qualification for each such Subcontractor, Supplier, other persons or organization. If City, after due investigation has reasonable objection to any proposed Subcontractor, Supplier, other persons or organization, may request the successful Bidder submit an acceptable substitute without an increase in Bid price. 4. Approach/ Methodology Proposers 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 • Work plan explaining how intend on meeting the established deadlines. 5. Cost of Services Each firm shall submit in their price proposal and any pricing conditions or contingencies must be clearly stated. The proposal is to be considered a "Turnkey Project"the price proposed shall be inclusive of design, permitting, supply and construction. • The bid shall list prices for each facility separately, with add alternates(if any). NOTE: Since the City will evaluate submittals on product quality, ability to meet schedules as well as cost, not necessarily awarding to the lowest bid, Bidders may submit base bids plus add alternates for higher quality or City of Sunny Isles Beach I Request for Proposal No. 12-10-03 23 • - . CITY 6F SUNNY ISLES BLACH • .ct. �;. l 8070 Collins Avenue • Sunny Isles$eoth;Florida 33160 r' 305947.0606 r - dr _ l www.sibfl.net ! - er 7.0.7„ eit:„ v alternate materials. Any add alternate submitted must be accompanied by proposed product samples, technical specifications and maintenance requirements as noted above. 6. 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. • Local References are preferred. The City retains the right to request any additional information pertaining to the Proposer's ability, qualifications, and procedures used to accomplish all work under the contract as it deems necessary to ensure safe and satisfactory work. 7. Examination of Site Affirmation Each offer shall be accompanied by an affidavit prepared by the vendor affirming that the vendor has visited the site, examined the bid documents and is not guilty of collusion or fraud in the preparation of the offer. If multiple sites are included in this solicitation, the vendor shall supply an affidavit for each site. If the affidavit is not included in the offer the offer may be considered non-responsive. Vendors who have provided, or who currently are providing, services at the site of the proposed work are not exempted from the requirements of this section. 8. Contract Forms All completed contract forms END OF SECTION City of Sunny Isles Beach I Request for Proposal No. 12-10-03 24- .• ,+ CITY OF SUNNY ISLES BEACH _ z 18070 Collins Avenue ' �- Sunny Isles Beach, Florida33160 o c:=t,E., e305.947.0606 •{It ` wwwsibfl.net .. <�}`, o a ). Z‘ 'P y`rft'J ff 9J CC DELIVER TO: REQUEST FOR PROPOSAL City of Sunny Isles Beach SECTION 6 City Clerk BID SUBMITTAL FORMS OPENING: 10:00 A.M. 18070 Collins Avenue 12/05/2012 Sunny Isles Beach, FL 33160 PLEASE QUOTE PRICES F.O.B. DESTINATION, LESS TAXES, DELIVERED IN CITY OF SUNNY ISLES BEACH, FLORIDA NOTE: City of Sunny Isles Beach is exempt from all taxes (Federal, State, and Local). Bid price should be less all taxes. Tax Exemption Certificate furnished upon request. Issued by: Purchasing Agent Date Issued: This Bid Submittal Consists of 11/01/2012 Pages 25 through 28 Sealed bids are subject to the Terms and Conditions of this Request for Proposal 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. RFP 12-10-03 ARTIFICIAL TURF FOR GWEN MARGOLIS AND PELICAN COMMUNITY PARK A Bid Deposit in the amount of 50/0 of the total amount of the bid shall accompany all bids A Performance Bond in the amount of 100% of the total amount of the bid will be required upon execution of the contract by the successful bidder and City of Sunny Isles Beach Procurement Agent: Firm Name: Marcanthony Tulloch Commodity Code(s): RETURN ONE ORIGINAL AND TWO COPIES OF BID SUBMITTAL PAGES AND AFFIDAVITS FAILURE TO SIGN PAGE 27 OF SECTION 4 BID SUBMITTAL WILL RENDER YOUR BID NON- RESPONSIVE City of Sunny Isles Beach 'Request for Proposal No. 12-10-03 CITY OF SUNNY ISLES BEACH • ` 1 8070 Collins Avenue Snn Y Isles Bench, Florida33160 s 305 947 0606 _ ` F+� f www.sibfl.net ^I <o- n c1/4 of sus' ° 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: ❑ NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID FIRM NAME: AUTHORIZED SIGNATURE: DATE: TITLE OF OFFICER: City of Sunny Isles Beach I Request for Proposal No 12-10-03 rag a .1 , • • • - CITY OF SUNNY ISLES BEACH s e 1.807.0 Collins Avenue ¶ • • • ` - Sunny Isles Beach, Florida 33160 s �pr•�t_ sir = :_ 305:947.0606 ca - - +� - - - - - • www.sibfl.net • -`-i.x"ice. �e _ "-'a` s'Cr Le JH � Of i BID SUBMITTAL FORM Bid Title: ARTIFICIAL TURF FOR GWEN MARGOLIS AND PELICAN COMMUNITY PARK The undersigned Proposers proposes and agrees, if this Bid is accepted, to enter into an agreement with The City of Sunny Isles Beach in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. The Proposers accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Proposers, including without limitation those dealing with the disposition of Bid Security. This Bid will remain subject to acceptance for 90 days after the day of Bid opening. The Proposers agrees to sign and submit the Agreement with the Bonds and other documents required by the Bidding Requirements within ten days after the date of the City's Notice of Award. In submitting this Bid, the Proposer represents, as more fully set forth in the Agreement, that: • The Proposer has familiarized himself/herself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Law and Regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. • The Proposer has 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 undisdosed 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. Y• City of Sunny Isles Beach 'Request for Proposal No. 12-10-03 _ 5 CITY Of:-SUNNY ISLES BEACH ,.tx 18070 Collins Avenue Sunny Isles Beach, Florida"33160 '_; "" r,FI•_ • ,305;.947.0606 y"- - x.. wv w.sibfl,net O= h • _•0. ,P ti //Y OF SI)I�a Firm Name: Street Address: Mailing Address(if different): Telephone No. Fax No. Email Address: FEIN No. __li_J_J_J_JJ_ *"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. 12-10-03 r28 rte- . . „ :- • • ' CITY OF SUNNY ISLES BEACH - 18070.Collins Avenue • Sunny Isles Beach, Florida'33160 ofsi RaE - 305.947.0606 e Y. t ni www.sibfl.net .. "tr `-, P C9y OF SUN P ao SONNY 's C. O -` : "` s<9 F - = 41�- - 7 * „. ,, 9 a \ F. yF � * FLOC S c/ I"Y O F Slit' PLO City of Sunny Isles Beach I Request for Proposal No. 12-10-03 129 0$MY rt[ 4%d FJ �� � NON - COLLUSION AFFIDAVIT V Z �� )' City of Sunny Isles Beach ,\ , -" 16070 Cdlins Avenue '`,\`• r�io�� Sunny Isles Beach,FL 33160 '•o, ,v 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. AFFIANTS 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 262010 1 of 10 V SVNN V ts.ce _� ` PUBLIC ENTITY CRIMES _1r 1 City of Sunny Isles Beach .c 78070 Cdlins Avenue .e rioas Ya Sunny Isles Beach,FL 33160 at tax Telephone:(305)947-0606 Far(305)949-3113 SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a) FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES PUBLIC ENTITY CRIMES Pursuant to the provisions of paragraph (2) (a) of Section 287.133, Florida State Statutes - "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a Contract to provide any goods or services to a public entity, may not submit a Bid on a Contract with a public entity for the construction or repair of a public building or public Work, may not submit Bids on leases of real property to a public entity, may not be awarded to perform Work as a Contractor, supplier, Sub-Contractor, or Consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount Category Two of Sec. 287.017, FS for thirty six months from the date of being placed on the convicted vendor list". THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 11.1. This sworn statement is submitted to City of Sunny Isles Beach by (pant men+]ual s name and bale] for 'print name or entity submitting sworn statement) whose business address is and Of 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 nob 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 10 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 Ia1998 3 of 10 SuNNT i,,F % `� EQUAL OPPORTUNITY / AFFIRMATIVE ACTION no,z City of Sunny Isles Beach ett,a. zv 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 10 0$NY 1j2F .o � CONFLICT OF INTEREST �.: City of Sunny Isles Beach \� - 18070 Cdlins Avenue �\ s�o�M Sunnylsles Beach,FL 33160 '•o. sus 'w'` 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 , who was duly swom, deposes,and states: 18.1. I am the of with a local office in 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 Print or Type Name and Title Sworn to and subscribed before me this day of ,2010. O Personally Known OR O Produced Identification ,Type of Identification NOTARY PUBLIC STATE OF FLORIDA DECEMBER 28.2010 5 of 10 osoONY isce�o DISPUTE DISCLOSURE City of Sunny Isles Beach ' 18070 Collins Avenue e '•n o'` Sunny Isles Beach,FL 33160 t'l ' o. .,,. 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 daims, 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 10 J$NVI y�Ff ANTI - KICKBACK City of Sunny Isles Beach 'ate' 18070 Cans Avenue ` •,ion` Sunny Isles Beach,FL 33160 . m w+ Telephone:(305)447-0606 Fax (305)9093113 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) COUNTY OF ) I, the undersigned, hereby duly sworn and deposed say that no portion of this sum herein Bid will be paid to any employees of the City of Sunny Isles Beach or its elected officials as a commission, kickback, reward or gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: Title: The foregoing instrument was acknowledged before me this day of , 20 , by [name of person], as [type of authority], for [name of party on behalf of whom instrument was executed]. AFFIX NOTARY STAMP HERE: Notary Public — State of Florida Print or Type Commissioned Name Personally Known OR Produced Identification Type of Identification Produced DECENWR 28 7010 7 of 10 SVNNT err FrB `-_ BID BOND V� City of Sunny Isles Beach ` r ,a 16070 Collins Avenue o. . Sunny Isles Beach,FL 33160 o. .v■ Telephone:(305)9n7-0606 Fax(305)9a43113 STATE OF FLORIDA COUNTY OF KNOW ALL MEN BY THESE PRESENTS, that we, as Principal, and . as Surety, are held and firmly bound unto the City of Sunny Isles Beach, a municipal corporation of the State of Florida in the sum of Dollars (5 ). lawful money of the United States, for the payment of which sum well and truly to be made,we bind ourselves, our heirs,executors, administrators and successors jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying Bid dated, 2010 for: WHEREAS,it was a condition precedent to the submission of said Bid that a cashier's check or Bid Bond in the amount of five percent(5%)of the Base Bid be submitted with said Bid as a guarantee that the Proposers would,if awarded the Contract, enter into a written Contract with the City for the performance of said Contract,within ten(10)consecutive calendar days after written notice having been given of the Award of the Contract. NOW, THEREFORE, the conditions of this obligation are such that if the Principal within ten (10) consecutive calendar days after written notice of such acceptance,enters into a written Contract with the City of Sunny Isles Beach and furnishes the Performance Bond.satisfactory to the City,each in an amount equal to one hundred percent(100%)of the Contract Price,and provides all required Certificates of Insurance, then this obligation shall be void;otherwise the sum herein stated shall be due and payable to the City of Sunny Isles Beach and the Surety herein agrees to pay said sum immediately,upon demand of the City,in good and lawful money of the United States of America.as liquidated damages for failure thereof of said Principal. IN WITNESS WHEREOF, the above bonded parties have executed this instrument under their several seals this day of ,20 , the name and the corporate seal of each corporate party being hereto affixed and these presents being duly signed by its undersigned representative. DOCUMENT CONTINUES ON NEXT PAGE IN PRESENCE OF: Individual or Partnership Principal Affix Corporate Seal Business Address City,State,and Zip Code Business Telephone Business Facsimile ATTEST: Secretary (Corporate Surety)' By: 'Impress Corporate Seal IMPORTANT Surety companies executing bonds must appear on the Treasury Department's most current list(circular 570 as amended)and be authorized to transact business in the State of Florida. DECEMBER 28.2010 8 of 10 SUNNY I / b PERFORMANCE BOND VI City of Sunny Isles Beach 18070 Calms Avenue '� >°> ��o°� Sunny Isles Beach,FL 33160 ''o. w ' Telephone:(305)947-0606 Fax (305)9433113 FORM OF PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That, pursuant to the requirements of Florida Statute 255.05, we, as Principal, hereinafter called Contractor, and , as Surety, are bound to the City of Sunny Isles Beach, Florida, as Obligee, hereinafter called City, in the amount of Dollars (S ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally. WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract No.: 07-10-04, awarded the day of , 20 , with Landscape Services Maintenance in accordance with contract documents prepared by the City of Sunny Isles Beach, which Contract is by reference made a part hereof, and is hereafter referred to as the Contract; THE CONDITION OF THIS BOND is that if the Contractor: 15.1. Fully performs the Contract between the Contractor and the City for services described within (Bid No. within calendar days after the date of Contract commencement as specified in the Notice to Proceed and in the manner prescribed in the Contract; and 15.2. Indemnifies and pays City all losses, damages (specifically including, but not limited to, damages for delay and other consequential damages caused by or arising out of the acts, omissions or negligence of Contractor), expenses, costs and attorneys fees including attorney's fees incurred in appellate proceedings, that City sustains because of default by Contractor under the Contract; and 15.3. Upon notification by the City corrects any and all defective or faulty Work or materials which appear within one and one half(1 1/2) years, and: 15.4. Performs the guarantee of all Work and materials furnished under the Contract for the time specified in the Contract, then this Bond is void, otherwise it remains in full force. Whenever Contractor shall be, and declared by City to be, in default under the Contract, the City having performed City's obligations there under, the Surety may promptly remedy the default, or shall promptly: 15.4.1. Complete the Contract in accordance with its terms and conditions; or 15.4.2. Obtain a Bid or Bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the best, lowest, qualified, responsible and responsive Proposers, or, if the City elects, upon determination by the City, and Surety jointly of the best, lowest, qualified, responsible and responsive Proposers, arrange for a Contract between such Proposers and City, and make available as Work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price." as used in this paragraph, shall mean the total amount payable by City to Contractor under the Contract and any amendments thereto, less the amount properly paid by City to Contractor. No right of action shall accrue on this Bond to or for the use of any person or corporation other than the City named herein. DEC SEER 28,2010 9 or 10 The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Surety's obligation under this Bond. Signed and sealed this day of , 20 WITNESS: BY: (Name of Corporation) Secretary (Signature) (CORPORATE SEAL) (Type Name and Title Signed Above) IN THE PRESENCE OF; INSURANCE COMPANY: BY: *Agent and Attorney-in-Fact (Power of Attorney must be attached) (Address) (City/State/Zip Code) (Telephone) STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of 20 , by [name of person], as [type of authority], for [name of party on behalf of whom instrument was executed]. AFFIX NOTARY STAMP HERE: Signature: Notary Public—State of Florida Print or Type Commissioned Name Personally Known OR Produced Identification Type of Identification Produced 10/1998 10 of 10