HomeMy WebLinkAboutRFP No. 18-11-02 Bus Shelter Relocation and RefurbishingCity of Sunny Isles Beach |Request for Proposals 18‐11‐02 1
Request for Proposals
Goods & Services
Bus Shelter Relocation and Refurbishing
Request for Proposals 18-11-02
Advertisement Date: Friday,November 16, 2018
Non-Mandatory Pre-Proposal Conference:Tuesday,November 27, 2018 at 11:00 AM
All Questions Due: Friday,November 30,2018 by 5:00 PM
Submission due date: Monday,December 10, 2018 at 2:30 PM
Submit to: City Clerk
18070 Collins Avenue, 4th Floor
Sunny Isles Beach, Florida 33160
City of Sunny Isles Beach |Request for Proposals 18‐11‐02 2
TABLE OF CONTENTS
Instructions to Proposers / General Terms Section 1 Page 4
Special Terms & Conditions Section 2 Page 10
Scope of Work / Technical Specifications Section 3 Page 18
Proposal Format Section 4 Page 21
Evaluation Process Section 5 Page 24
Submittal Forms Section 6 Page 26
ATTACHMENTS
Install Detail – Attachment A
Slab Detail - Attachment B
Location Maps - Attachment C
Bid Price Schedule (Separate Attachment D)
AFFIDAVITS
Non-Collusive Affidavit
Public Entity Crimes
Equal Opportunity / Affirmative Action Statement
Conflict of Interest Statement
Dispute Disclosure Form
Anti-Kickback Affidavit
Bid Bond
Performance Bond
Anti-Boycott Certification
City of Sunny Isles Beach |Request for Proposals 18‐11‐02 3
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.
Bus Shelter Relocation and Refurbishing - Request for Proposals No. 18-11-02
The Specifications for this Request for Proposals are available from DemandStar by calling (800) 711-
1712 or by accessing their website at www.demandstar.com. The Specifications may also be examined
at the City of Sunny Isles Beach – Office of the City Clerk. Vendors who obtain the 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.
Proposals shall be on a unit price basis; segregated Bids will not be accepted. Sealed Proposals will be
received by the City Clerk no later than 2:30 PM, on Monday, December 10, 2018 at the Sunny Isles
Beach Government Center located at 18070 Collins Avenue, 4th floor, Sunny Isles Beach, Florida, 33160.
Proposals 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 Proposals must be clearly marked: “FORMAL PROPOSAL
ENCLOSED” - RFP No. 18-11-02 Bus Shelter Relocation and Refurbishing
OPENING DATE AND TIME: Monday, December 10, 2018 at 2:30 PM
A Non-Mandatory Pre-Proposal Conference for all potential Proposers is scheduled for 11:00 AM
on 11/27/2018 in the First Floor Conference Room at the City of Sunny Isles Beach Government Center
located at 18070 Collins Avenue, Sunny Isles Beach, Florida 33160.
The City reserves the right to reject any or all proposals, 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 Proposals No. 18-11-02 shall be directed in writing to Mauricio Betancur,
CMC, City Clerk by November 30, 2018. Questions may be submitted via email to: MBetancur@sibfl.net or via
facsimile (305) 792-1563 or via regular mail at: Mauricio Betancur, CMC, City Clerk, City of Sunny Isles Beach,
18070 Collins Avenue, Sunny Isles Beach, FL 33160. Pursuant to Florida Statutes 119.071, sealed bids,
proposals or replies by an agency pursuant to a competitive solicitation are exempt from inspection until such
time as the agency provides notice of an intended decision or until thirty (30) days after the opening of the
bids, proposals, or final replies, whichever is earlier.
Mauricio Betancur, CMC, City Clerk
City of Sunny Isles Beach
City of Sunny Isles Beach |Request for Proposals 18‐11‐02 4
SECTION 1
INSTRUCTIONS TO PROPOSERS / GENERAL TERMS AND CONDITIONS
THESE INSTRUCTIONS ARE STANDARD FOR ALL BID COMMODITIES/SERVICES ISSUED BY THE CITY OF SUNNY ISLES BEACH. THE CITY OF SUNNY ISLES BEACH MAY
DELETE, SUPERSEDE OR MODIFY ANY OF THESE STANDARD INSTRUCTIONS FOR A PARTICULAR CONTRACT BY INDICATING SUCH CHANGE IN SPECIAL INSTRUCTIONS TO
BIDDERS OR IN THE BID SHEETS. ANY AND ALL SPECIAL CONDITIONS THAT MAY VARY FROM THE GENERAL CONDITI0NS 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
CHNBIDDER REGARDLESS OF ANY LANGUAGE IN BIDDER’S CONTRACT TO THE CONTRARY.
1.1 CLARIFICATION/EXPLANATION/QUESTIONS:
Any questions concerning this Request for Proposal or any required
need for clarification must be made to Mauricio Betancur, CMC, City
Clerk via email to: MBetancur@sibfl.net or via facsimile (305) 792-
1563 or via regular mail at: Mauricio Betancur, CMC, City Clerk,
City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles
Beach, FL 33160. Such requests for clarification/explanation or
questions must be made in writing to Mauricio Betancur, CMC, City
Clerk, at least five (5) business days prior to the date of the Bid
opening. Interpretations or clarifications considered necessary by
the City will be issued by addenda and posted/disseminated by
DemandStar (www.demandstar.com) to all parties listed on the
official plan holders’ list as having received the Request for Bids
documents. Only questions answered by written addenda shall be
binding. Oral interpretations or clarifications shall be without legal
effect. No plea of ignorance or delay or required need of additional
information shall exempt a Respondent from submitting their
submission on the required date and time as publicly noted.
1.2 PLAN HOLDER’S LIST:
As a convenience to vendors, the City of Sunny Isles Beach has
made available via internet lists of all plan holders for each Request
for Proposal, Request for Bid, and request for qualifications. The
information is available on-line at www.demandstar.com or by
calling the Office of the City Clerk at (305) 792-1703.
1.3 ADDENDA TO SPECIFICATIONS:
If any addenda are issued after the initial specifications are
released, the City will post and disseminate the addenda through
DemandStar. For those projects with separate plans, blue prints,
or other materials that cannot be accessed through the internet,
the Office of the City Clerk will make good faith effort to ensure
that all registered proposers (those who have been registered as
receiving a Bid package) receive the documents. It is the
responsibility of the vendor prior to the submission of any Bid to
check the above website or contact the Office of the City Clerk at
(305) 792-1703 to verify any addenda issued. The receipt of all
addenda must be acknowledged on the Bid Response Sheet.
1.4 SPECIAL ACCOMMODATIONS:
Any person requiring a special accommodation at a Pre-Bid
Conference or Bid/RFP/RFQ opening because of a disability should
call the Office of the City Clerk at (305) 792-1703 at lease five (5)
days prior to the Pre-Bid Conference or Bid/RFP/RFQ opening. If
you are hearing or speech impaired, please contact the Office of
the City Clerk by calling the City of Sunny Isles Beach using the
Florida Relay Service which can be reached at 1(800) 955-8771
(TDD).
1.5 PUBLIC ENTITY CRIMES STATEMENT:
Pursuant to the provisions of paragraph (2) (a) of section 287.133,
Florida statutes -"a person or affiliate who has been placed on the
convicted vendor list following a conviction for a public entity crime
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 provided in section 287.107, for
category two for a period of 36 months from the date of being
placed on the convicted vendor list”.
1.6 BID DEADLINE:
Bids must be submitted no later than the time and date shown
within this document.
1.7 SEALED BID:
The entire Bid Response Package shall be placed in an opaque
envelope (with all items listed on the Bid checklist form and all
other items required within this Request for Bid must be executed)
and submitted in a sealed envelope.
1.8 BID EXECUTION, SIGNATURES, ERASURE/CORRECTION:
All Bids shall be signed in blue ink. All price quotes shall be
typewritten or printed with ink. All corrections made by the
proposers prior to the opening must be initialed and dated by the
proposers. No changes or corrections will be allowed after Bids are
opened. Bids must contain an original, manual signature of an
authorized representative of the company.
1.9 WITHDRAWAL OF BIDS:
Proposers may withdraw Bids only by written request and shall
forward the withdrawal request via “Certified U.S. Mail – Return
Receipt Requested” prior to the Bid opening time. Negligence on
the part of the Proposers in preparing the Bid confers no right for
the withdrawal of the Bid after it has been opened.
1.10 BID OPENING:
Bids will be opened publicly at the time and place stated in the
Notice to Bidder. It is the responsibility of the proposers to insure
that the Bid reaches the Office of the City Clerk on or before the
closing hour and date stated on the Request for Bid. After the Bid
opening, the contents of the Bid Form will be made public for the
information of vendors and other interested parties who may be
present either in person or by representative. Bids that are
received after the Bid opening time will not be considered and will
not be returned.
1.11 EVALUATION OF BIDS:
The City, at its sole discretion, reserves the right to inspect any/all
Proposers facilities to determine their capability of meeting the
requirements for the Contract. Also, price, responsibility, and
responsiveness of the Proposers, the financial position, experience,
staffing, equipment, materials, references, and past history of
service to the City and/or with other units of state, and/or local
governments in Florida, or comparable private entities, will be
taken into consideration in the Award of the Contract.
1.11.1 Hold Harmless: All Proposer’s shall hold the City, it's
officials and employees harmless and covenant not to
sue the City, it's officials and employees in reference
to their decisions to reject, award, or not award a Bid,
as applicable.
1.11.2 Cancellation: Failure on the part of the Proposers to
comply with the conditions, specifications,
City of Sunny Isles Beach |Request for Proposals No. 18‐11‐02 5
requirements, and terms as determined by the City,
shall be just cause for cancellation of the Award.
1.11.3 Disputes: If any dispute concerning a question of fact
arises under the Contract, other than termination for
default or convenience, the Contractor and the City
department responsible for the administration of the
Contract shall make a good faith effort to resolve the
dispute. If the dispute cannot be resolved by
agreement, then the department with the advice of
the City Attorney shall resolve the dispute and send a
written copy of its decision to the Contractor, which
shall be binding on both parties.
1.12 AGREEMENT:
After the Bid award, the City will, at its option, prepare an
Agreement specifying the terms and conditions resulting from the
award of this Bid. The vendor will have ten (10) calendar days after
notification of the award by the City to execute the Agreement and
provide the required Performance Bond.
The Proposers who has the Contract awarded to them and who
fails to execute the Agreement and furnish the Performance Bond
and Insurance Certificates within the specified time shall forfeit the
Bid Security that accompanied their Bid, and the Bid Security shall
be retained as liquidated damages by the City, and it is agreed that
this sum is a fair estimate of the amount of damages the City will
sustain in case the Proposers fails to enter into the Contract and
furnish the Bonds as herein before provided. Bid Security deposited
in the form of a cashier’s check drawn on a local bank in good
standing shall be subject to the same requirements as a Bid Bond.
The performance of the City of Sunny Isles Beach of any of its
obligations under the agreement shall be subject to and contingent
upon the availability of funds lawfully expendable for the purposes
of the agreement for the current and any future periods provided
for within the Bid specifications.
1.13 PAYMENTS:
Payment will be made after commodities/services have been
received, accepted, and properly invoiced as indicated in the
contract and/or purchase order. Invoices must bear the purchase
order number.
1.14 BRAND NAMES:
If a brand name, make, of any "or equal" manufacturer trade
name, or vendor catalog is mentioned whether or not followed by
the words "approved equal" it is for the purpose of establishing a
grade or quality of material only. Vendor may offer equals with
appropriate identification, samples, and/or specifications on such
item(s). The City shall be the sole judge concerning the merits of
items Bid as equals.
1.15 MATERIAL:
Material(s) delivered to the City under this Bid shall remain the
property of the seller until accepted to the satisfaction of the City.
In the event materials supplied to City are found to be defective or
do not conform to specifications, the City reserves the right to
return the product(s) to the seller at the seller’s expense.
1.16 SAMPLES:
Samples of items, when required, must be furnished by the
Proposers free of charge to the City. Each individual sample must
be labeled with the Proposers name and manufacturer's brand
name and delivered by them within ten (10) calendar days of
Proposers receipt of the “Notice to Proceed”, unless schedule
indicates a different time. If samples are requested subsequent to
the Bid opening, they should be delivered within ten (10) calendar
days of the request. The City will not be responsible for returning
samples.
1.17 QUANTITY GUARANTY:
No guaranty or warranty is given or implied by the City as to the
total amount that may or may not be purchased from any resulting
Contract or Award. These quantities are for Bid purposes only and
will be used for tabulation and presentation of the Bid. The City
reserves the right to increase or decrease quantities as required,
even significantly. The prices offered herein and the percentage
rate of discount applies to other representative items not listed in
this Bid.
1.18 GOVERNMENTAL RESTRICTIONS ON MATERIALS:
In the event any governmental restrictions may be imposed which
would necessitate alteration of the material quality, workmanship,
or performance of the items offered on this Bid prior to their
delivery, it shall be the responsibility of the successful Proposers to
notify the City at once, indicating in their letter the specific
regulation which required an alteration. The City of Sunny Isles
Beach reserves the right to accept any such alteration, including
any price adjustments occasioned thereby, or to cancel at no
further expense to the City.
1.19 SAFETY STANDARDS:
The Proposers warrants that the product(s) supplied to the City
conforms in all respects to the standards set forth in the
occupational safety and health act (OSHA) and its amendments.
Bids must be accompanied by a materials data safety sheet (MSDS)
when applicable.
1.20 WARRANTIES:
Successful Proposers shall act as agent for the City in the follow-up
and compliance of all items under Warranty/Guaranty and complete
all forms for Warranty/Guarantee coverage under this Contract.
1.21 COPYRIGHTS/PATENT RIGHTS:
Proposers warrants that there has been no violation of copyrights
or patent rights in manufacturing, producing or selling of goods
shipped or ordered, as a result of this Bid. The seller agrees to
indemnify City from any and all liability, loss, or expense
occasioned by any such violation.
1.22 LOCAL BUSINESS TAX (OCCUPATIONAL LICENSE
REGISTRATION):
The contractor shall be responsible for obtaining and maintaining
throughout the contract period his or her city and county local
business tax receipts. Each vendor submitting a Bid on this
Request for Bid shall include a copy of the company’s local business
tax/occupational license(s) with the Bid response. For information
specific to City of Sunny Isles Beach local business tax/occupational
licenses, please call Code Enforcement & Licensing at (305) 792-
1705. If the contractor is operating under a fictitious name as
defined in Section 865.059, Florida Statutes, proof of current
registration with the Florida Secretary of State shall be submitted
with the Bid. A business formed by an attorney actively licensed to
practice law in this state, by a person actively licensed by the
Department of Business and Professional Regulations or the
Department of Health for the purpose of practicing his or her
licensed profession, or by any corporation, partnership, or other
commercial entity that is actively organized or registered with the
Department of State shall submit a copy of the current licensing
from the appropriate agency and/or proof of current active status
with the Division of Corporations of the State of Florida.
1.23 LIABILITY, INSURANCE, PERMITS AND LICENSES:
Proposers shall assume the full duty, obligation, and expense of
obtaining all necessary licenses, permits, inspections, and insurance
required. The Proposers shall be liable for any damages or loss to
the City occasioned by negligence of the Proposers (or their agent)
or any person the Proposers has designated in the completion of
their contract as a result of the Bid. Contractor shall be required to
furnish a copy of all licenses, certificates of competency or other
licensor requirements necessary to practice their profession as
required by Florida State Statute, Miami-Dade County, and City of
Sunny Isles Beach Code. Contractors shall include current Miami-
Dade County Certificates of Competency. These documents shall
City of Sunny Isles Beach |Request for Proposals No. 18‐11‐02 6
be furnished to the City along with the Bid response. Failure to
furnish these documents or to have required licensor will be
grounds for rejecting the Bid.
1.24 CERTIFICATE(S) OF INSURANCE:
Proposers shall furnish to the Office of the City Clerk, City of Sunny
Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida
33160, certificate(s) of insurance which indicate that insurance
coverage has been obtained from an insurance company authorized
to do business in the State of Florida or otherwise secured in a
manner satisfactory to the City, for those coverage types and
amounts listed in this document, in an amount equal to 100% of
the requirements and shall be presented to the City prior to
issuance of any Contract(s) or Award(s) Document(s). The City of
Sunny Isles Beach shall be named as "additional insured" with
respect to this coverage. The required certificates of insurance
shall not only name the types of policies provided, but shall also
refer specifically to this Bid and section. At the time of Bid
submission the Proposers must submit certificates of insurance as
outlined in the General Conditions section. All required insurances
shall name the City of Sunny Isles Beach as additional insured and
such insurance shall be issued by companies authorized to issue
insurance in the State of Florida. It shall be the responsibility of
the Proposers and insurer to notify the City Manager of the City of
Sunny Isles Beach of cancellation, lapse, or material modification of
any insurance policies insuring the Proposers, which relate to the
activities of such vendor and the City of Sunny Isles Beach. Such
notification shall be in writing, and shall be submitted to the City
finance support service director thirty (30) days prior to
cancellation of such policies. This requirement shall be reflected on
the certificate of insurance. Failure to fully and satisfactorily
comply with the city's insurance and bonding requirements set
forth herein will authorize the City Manager to implement a
rescission of the Bid award without further City Commission action.
The Proposers hereby holds the City harmless and agrees to
indemnify City and covenants not to sue the City by virtue of such
rescission.
1.25 ASSIGNMENT:
The Contractor shall not transfer or assign the performance
required by this Bid without prior written consent of the City
Manager. Any award issued pursuant to the Request for Proposal
and monies which may be due hereunder are not assignable except
with prior written approval of the City Manager. Further, in the
event that the majority ownership or control of the Contractor
changes hands subsequent to the award of this contract,
Contractor shall promptly notify City in writing (via United States
Postal Service – Certified Mail, Return Receipt Requested) of such
change in ownership or control at least thirty (30) days prior to
such change and City shall have the right to terminate the contract
upon sixty (60) days written notice, at City’s sole discretion.
1.26 HOLD HARMLESS/INDEMNIFICATION:
The Contractor shall indemnify, hold harmless, and defend the City
of Sunny Isles Beach, it's officers, agents and employees from and
against any claims, demands or causes of action of whatsoever
kind or nature arising out of error, omission, negligent act, conduct,
or misconduct of the Contractor, their agents, servants or
employees in the provision of goods or the performance of services
pursuant to this Bid and / or from any procurement decision of the
City including without limitation, awarding the Contract to the
Contractor.
1.27 NON-CONFORMANCE TO CONTRACT:
The City of Sunny Isles Beach may withhold acceptance of, or
reject items which are found upon examination, not to meet the
specification requirements. Upon written notification of rejection,
items shall be removed within (5) calendar days by the vendor at
their own expense and redelivered at their expense. Rejected
goods left longer than thirty (30) calendar days will be regarded as
abandoned and the City shall have the right to dispose of them as
its own property. Rejection for non-conformance or failure to meet
delivery schedules may result in the Contractor being found in
default.
1.28 DEFAULT PROVISION:
In case of default by the Proposers, the City of Sunny Isles Beach
may procure the articles or services from other sources and hold
the Proposers responsible for any excess costs occasioned or
incurred thereby.
1.29 SECONDARY/OTHER VENDORS:
The City reserves the right in the event the primary vendor cannot
provide an item(s) or service(s) in a timely manner as requested, to
seek other sources without violating the intent of the Contract.
1.30 DEFINITIONS:
Wherever used in these General Conditions or in the other Contract
Documents, the following terms shall have the meaning indicated
which shall be applicable to both the singular and plural thereof:
Acceptance: Acceptance by the City of the Work as
being fully complete in accordance with
the Contract Documents subject to
waiver of claims.
Agreement: The written Agreement between the City
and the Contractor covering the Work to
be performed, which includes the
Contract Documents.
Addenda: Written or graphic instruments issued
prior to the Bid Opening which modify
or interpret the Contract Documents,
Drawings and Specifications, by
addition, deletions, clarifications or
corrections.
Approved: Means approved by the City.
Bid: The offer of the Proposers submitted on
the prescribed form setting forth the
prices for the Work to be performed.
Proposers: Any person, firm or corporation
submitting a Bid for Work.
Bonds: Bid, performance bond and other
instruments of security, furnished by the
Contractor and their surety in
accordance with the Contract
Documents and in accordance with the
law of the State of Florida.
Change Order: A written order to the Contractor signed
by the City authorizing an addition,
deletion or revision in the Work, or an
adjustment in the Contract Price or the
Contract Time issued after execution of
the Agreement.
City: City of Sunny Isles Beach, 18070 Collins
Avenue, Sunny Isles Beach, Florida
33160.
Contract Documents: Contract Documents shall include,
Instructions to Proposers, Contractor's
Bid, the Bonds, the Notice of Award, the
Agreement between the City and
Contractor as well as any addenda
thereto, these General Conditions,
Special Conditions, the Technical
Specifications, Drawings and
Modifications, Notice to Proceed,
Request for Proposal, Insurance
Certificates, Change Orders and
City of Sunny Isles Beach |Request for Proposals No. 18‐11‐02 7
Acknowledgment of Conformance with
the City of Sunny Isles Beach.
Contract Price: The total monies payable to the
Contractor under the Contract
Documents.
Contract Time: The number of calendar days stated in
the Agreement for the completion of the
Work.
Contracting Officer: The individual who is authorized to sign
the contract documents on behalf of the
City’s governing body.
Contractor: The person, firm or corporation with
whom the City has executed this
Agreement.
Day: A calendar day of twenty-four hours
measured from midnight to the next
midnight.
Field Order: A written order issued by the City which
clarifies or interprets the Contract
Documents or orders minor changes in
the Work.
Modification: Modification means any one of the
following: (a) a written amendment of
the Contract Documents signed by both
parties, (b) a Change Order, (c) a
written clarification or interpretation if
issued by the City, or (d) a written order
for minor change or alteration in the
Work issued by the City. A modification
may only be issued after execution of
the Agreement.
Notice of Award: The written notice by City to the
apparent successful Proposers stating
that upon compliance with the
conditions precedent to be fulfilled by
him within the time specified, City will
execute and deliver the Agreement to
him.
Samples: Physical examples which illustrate
materials, equipment or workmanship
and establish standards by which the
Work will be judged.
Specifications: Those portions of the Contract
Documents consisting of written
technical descriptions of materials,
equipment, construction systems,
standards and workmanship as applied
to the Work.
Statement of Services: The form furnished by the City which is
to be used by the Contractor in
requesting progress payments.
Supplier: Any person or organization who supplies
materials or equipment for the Work,
including that fabricated to a special
design, but who does not perform labor
at the site.
Work: Any and all obligations, duties and
responsibilities necessary to the
successful completion of the Project
assigned to or undertaken by Contractor
under the Contract Documents,
including all labor, materials, equipment
and other incidentals, and the furnishing
thereof.
Written Notice: The term “Notice” as used herein shall
mean and include all written notices,
demands, instructions, claims, approvals
and disapproval’s required to obtain
compliance with Contract requirements.
Written notice shall be deemed to have
been duly served if delivered in person
to the individual or to a member of the
firm or to an officer of the corporation
for whom it is intended, or to an
authorized representative or such
individual, firm, or corporation, or if
delivered at or sent by registered mail to
the last business address known to
them who gives the notice. Unless
otherwise stated in writing, any notice
to or demand upon the City under this
Contract shall be delivered to the City.
1.31 BID AWARD:
The City reserves the right to reject any and all Bids at its sole
discretion. Bids shall be awarded by the City after the City
performs all necessary searches, inquiries, exploration, and analysis
of the Bids. The Bid shall be awarded to the lowest responsible
and responsive proposer whose Bid best serves the interests of and
represents the best value to the City in conformity with the criteria
set forth in Section 62-8 of the City Code. No Notice of Award will
be given until the City has concluded any investigation(s) as they
deem necessary to establish the Proposer’s capability to perform
the Services as described in this RFP, ITB, RFQ or ITQ, as
substantiated by the required professional experience, client
references, technical knowledge and qualifications; and sufficient
labor and equipment to comply with the City’s established
standards, as well as the financial capability of the Proposer to
perform the Work in accordance with the Contract Documents to
the satisfaction of the City within the time prescribed. The City
reserves the right to reject the Bid of any Proposers on the basis of
these queries and investigations and who does not meet the City’s
satisfaction, even though the firm may be the lowest dollars and
cents Bid. In analyzing Bids, the City will also take into
consideration client references, past work experience and work
product, proven ability to satisfactorily perform. If the Contract is
awarded, the City will issue the Notice of Award and give the
successful Proposers a Contract for execution within ninety (90)
days after opening of Bids. The City specifically reserves the right
to award the contract to a proposer who is not necessarily the
lowest dollars and cents proposers on the basis of the results of
these queries and investigation(s).
1.32 EXECUTION OF AGREEMENT:
At least four counterparts of the Agreement, the Performance
Bond, the Certificates of Insurance and such other Documents as
required by the Contract Documents shall be executed and
delivered by Contractor to the City within ten (10) calendar days of
receipt of the Notice of Award.
1.33 LAWS AND REGULATIONS:
The Contractor will give all notices and comply with all laws,
ordinances, rules and regulations applicable to the Work. If the
Contractor observes that the Specifications are at variance
therewith, they will give the City prompt written notice thereof, and
any necessary changes shall be adjusted by an appropriate
modification. If the Contractor performs any Work knowing it to be
contrary to such laws, ordinances, rules and regulations, and
without such notice to the City, they will bear all costs arising
wherefrom.
1.34 TAXES:
The City of Sunny Isles Beach is exempt from sales tax imposed by
the State and/or Federal Government. Florida Sales Tax Exemption
No. 23-00-477131-54C appears on each purchase order.
Exemption certificates are available upon request.
City of Sunny Isles Beach |Request for Proposals No. 18‐11‐02 8
1.35 DUTY TO DEFEND, INDEMNIFY AND SAVE HARMLESS:
In consideration of the separate sum of twenty-five dollars ($25.00)
and other valuable consideration, the Contractor shall defend,
indemnify and hold harmless the City, its officers, agents and
employees, from or on account of any injuries or damages,
received or sustained by any person or persons during or on
account of any operations connected with the Work described in
the Contract Documents, or by or in consequence of any
negligence in connection with the same; or by use of any improper
materials or by or on account of any act or omission of the said
Contractor or his Sub-Contractor, agents, servants or employees.
The Contractor will defend, indemnify and hold harmless the City
and their agents or employees from and against all claims,
damages, losses and expenses including attorneys' fees arising out
of or resulting from the performance of the Work, provided that
any such claim damage, loss or expense (a) is attributable to bodily
injury, sickness, disease or death, or to injury to or destruction of
tangible property (other than Work itself) including the loss of use
resulting wherefrom and (b) is caused in whole or in part by any
negligent act or omission of the Contractor, Sub-Contractor, anyone
directly or indirectly employed by any of them or anyone for whose
acts any of them may be liable, regardless of whether or not it is
caused by a party indemnified hereunder. In the event that a court
of competent jurisdiction determines that Sec. 725.06 (2), F.S. is
applicable to this Work, then in lieu of the above provisions of this
section the parties agree that Contractor shall indemnify, defend
and hold harmless the City, their officers and employees, to the
fullest extent authorized by Sec. 725.06 (2) F.S., which statutory
provisions shall be deemed to be incorporated herein by reference
as if fully set forth herein. In the event that any action or
proceeding is brought against City by reason of any such claim or
demand, Contractor, upon written notice from City shall defend
such action or proceeding by counsel satisfactory to City. The
indemnification provided above shall obligate Contractor to defend
at its own expense or to provide for such defense, at City’s option,
any and all claims of liability and all suits and actions of every name
and description that may be brought against City, excluding only
those which allege that the injuries arose out of the sole negligence
of City, which may result from the operations and activities under
this Contract whether the Work be performed by Contractor, its
Sub-Contractors, or by anyone directly or indirectly employed by
either.
1.36 DECISIONS ON DISAGREEMENTS:
The City will be the initial interpreter of the Technical
Specifications.
1.37 CITY MAY TERMINATE:
If the Contractor is adjudged bankrupt or insolvent, or if they make
a general assignment for the benefit of their creditors, or if a
trustee or receiver is appointed for the Contractor or for any of
their property, or if they file a petition to take advantage of any
debtor’s act, or to reorganize under bankruptcy or similar laws, or if
they repeatedly fails to supply sufficient skilled workmen or suitable
materials or equipment, or if they repeatedly fail to make prompt
payments to Sub-Contractors or for labor, materials or equipment
or they disregard laws, ordinances, rules, regulations or orders of
any public body having jurisdiction, or if they disregard the
authority of the City, of if they otherwise violate any provision of,
the Contract Documents, then the City may, without prejudice to
any other right or remedy and after giving the Contractor and the
surety ten (10) days written notice, terminate the services of the
Contractor and take possession of the Project and of all materials,
equipment, tools, construction equipment and machinery thereon
owned by the Contractor, and finish the Work by whatever method
they may deem expedient. In such case the Contractor shall not
be entitled to receive any further payment until the Work is
finished. If the unpaid balance of the Contract Price exceeds the
direct and indirect costs of completing the Project, including
compensation for additional professional services, such excess shall
be paid to the Contractor. If such costs exceed such unpaid
balance, the Contractor will pay the difference to the City. Such
costs incurred by the City will be determined by the City and
incorporated in a Change Order. If after termination of the
Contractor under this Section, it is determined by a court of
competent jurisdiction for any reason that the Contractor was not
in default, the rights and obligations of the City and the Contractor
shall be the same as if the termination had been issued pursuant to
this document.
1.37.1 Where the Contractor’s services have been so
terminated by the City said termination shall not
affect any rights of the City against the Contractor
then existing or which may thereafter accrue. Any
retention or payment of moneys by the City due the
Contractor will not release the Contractor from
liability.
1.37.2 Upon ten (10) days written notice to the Contractor,
the City may, without cause and without prejudice to
any other right or remedy, elect to terminate the
Agreement. In such case, the Contractor shall be
paid for all Work executed and accepted by the City
as of the date of the termination. No payment shall
be made for profit for Work which has not been
performed.
1.38 MISCELLANEOUS:
Proposers acknowledge the following miscellaneous conditions:
1.38.1 Whenever any provision of the Contract Documents
requires the giving of written notice it shall be
deemed to have been validly given if delivered in
person to the individual or to a member of the firm or
to an officer of the corporation for whom it is
intended, or if delivered at or sent by registered or
certified mail, postage prepaid, to the last business
address known to them who gives the notice.
1.38.2 The Contract Documents shall remain the property of
the City. The Contractor shall have the right to keep
one record set of the Contract Documents upon
completion of the Project.
1.38.3 The duties and obligations imposed by these General
Conditions, Special Conditions and Supplemental
Conditions and the rights and remedies available
hereunder, and, in particular but without limitation,
the warranties, guarantees and obligations imposed
upon Contractor and those in the Special Conditions
and the rights and remedies available to the City,
shall be in addition to, and shall not be construed in
any way as a limitation of, any rights and remedies
available by law, by special guarantee or by other
provisions of the Contract Documents.
1.38.4 Should the City or the Contractor suffer injury or
damage to its person or property because of any
error, omission, or act of the other or of any of their
employees or agents or others for whose acts they
are legally liable, claim shall be made in writing to the
other party within a reasonable time of the first
observance of such in jury or damage.
1.39 WAIVER OF JURY TRIAL:
City and Contractor knowingly, irrevocably voluntarily and
intentionally waive any right either may have to a trial by jury in
State or Federal Court proceedings in respect to any action,
proceeding, lawsuit or counterclaim based upon the Contract
Documents or the performance of the Work there under.
1.40 GOVERNING LAW:
The Contract shall be construed in accordance with and governed
by the law of the State of Florida.
1.41 VENUE:
City of Sunny Isles Beach |Request for Proposals No. 18‐11‐02 9
Venue of any action to enforce the Contract Documents shall be in
Miami-Dade County, Florida.
1.42 PROJECT RECORDS:
City shall have right to inspect and copy during regular business
hours at City’s expense, the books and records and accounts of
Contractor which relate in any way to the Project, and to any claim
for additional compensation made by Contractor, and to conduct an
audit of the financial and accounting records of Contractor which
relate to the Project. Contractor shall retain and make available to
City all such books and records and accounts, financial or
otherwise, which relate to the Project and to any claim for a period
of three years following final completion of the Project. During the
Project and the three year period following final completion of the
Project, Contractor shall provide City access to its books and
records upon five days written notice.
1.43 SEVERABILITY:
If any provision of the Contract or the application thereof to any
person or situation shall to any extent, be held invalid or
unenforceable, the remainder of the Contract, and the application
of such provisions to persons or situations other than those as to
which it shall have been held invalid or unenforceable shall not be
affected thereby, and shall continue in full force and effect, and be
enforced to the fullest extent permitted by law.
1.44 INDEPENDENT CONTRACTOR:
The Contractor is an independent Contractor under the Contract.
Services provided by the Contractor shall be by employees of the
Contractor and subject to supervision by the Contractor, and not as
officers, employees, or agents of the City. Personnel policies, tax
responsibilities, social security and health insurance, employee
benefits, purchasing policies and other similar administrative
procedures, applicable to services rendered under the Contract
shall be those of the Contractor.
End of Section
City of Sunny Isles Beach |Request for Proposals No. 18‐11‐02 10
Section 2
Special Terms and Conditions
2.1 PURPOSE OF RFP:
The City of Sunny Isles Beach (the “City”) is requesting proposals for relocation and refurbishing
of the City’s bus shelters along Collins Avenue. Scope of Work will include removal and
refurbishing of existing shelters, construction of new slab foundations, resetting shelters,
modifying paver sidewalks, relocation of bus benches and trash receptacles and restoration of
original sites from qualified and licensed contractors (the “Contractor”).
2.2 NON-MANDATORY PRE-PROPOSAL CONFERENCE:
A Pre-proposal Conference for all potential Proposers is scheduled for 11:00 AM on
11/27/2018 at the First Floor Conference Room at the City of Sunny Isles Beach Government
Center located at 18070 Collins Avenue, Sunny Isles Beach, Florida 33160.
2.3 TERM
The initial contract term shall be for two (2) years. This contract will commence upon execution
by both parties which shall be the effective date succeeding approval of the contract by the City
Commission, or designee, unless otherwise stipulated in the Notice of Award letter. The contract
shall be contingent upon the completion and submittal of all required documents. This contract
shall remain in effect until the completion of services, provided that the services rendered by
Firm during the contract period are satisfactory and that City funding is available as appropriated
on an annual basis. However, in the event funding is not appropriated on an annual basis during
any particular year within the contract period, the contract may be canceled upon thirty (30)
days written notice to Firm. In such an event, the City shall only be responsible for the
reasonable value of services performed prior to the effective date of termination.
2.4 OPTIONS TO RENEW
Prior to, or upon completion, of that initial term, the City shall have the option to renew this
contract for three (3) one year renewals.
Prior to completion of each exercised contract term, the City may consider an adjustment to the
price based on changes in the following pricing index: Consumer Price Index for Urban Wage
Earners and Clerical Workers (CPI-W): Miami – Fort Lauderdale, FL, and shall not exceed three
percent (3%). It is the vendor’s responsibility to request any pricing adjustment under this
provision. For any adjustment to commence on the first day of any exercised option period, the
vendor’s request for adjustment should be submitted sixty (60) days prior to expiration of the
then current contract term. The vendor adjustment request should not be in excess of the
relevant pricing index change. If adjustment request is not received from the vendor, the City
will assume the vendor has agreed that the optional term may be exercised without pricing
adjustment. Any adjustment request received after the commencement of a new option period
may not be considered.
City of Sunny Isles Beach |Request for Proposals No. 18‐11‐02 11
The City reserves the right to negotiate lower pricing for the additional term(s) based on market
research information or other factors that influence price. The City reserves the right to apply
any reduction in pricing for the additional term(s) based on the downward movement of the
applicable index.
The City reserves the right to reject any price adjustments submitted by the vendor and/or to not
exercise any otherwise available option period based on such price adjustments. Continuation of
the contract beyond the initial period, and any option subsequently exercised, is a City
prerogative, and not a right of the vendor. This prerogative will be exercised only when such
continuation is clearly in the best interest of the City.
Should the vendor decline the City’s right to exercise the option period, the City may consider the
vendor in default which may affect the vendor’s eligibility for future contracts.
2.5 METHOD OF AWARD
Award may be by Group or Item, whichever is determined to be in the best interest of the City. If
a vendor fails to submit an offer for all items within the group, its offer for that specific group will
be rejected. The City reserves the right to award to multiple bidders. Award to multiple vendors
may be considered for the convenience of the City and does not exempt the primary vendor from
fulfilling its contractual obligations. Failure to perform as noted may result in the vendor being
deemed in breach of contract.
2.6 PRICE
The base and alternate unit prices stated in the proposal include all costs and expenses for
general conditions, taxes, labor, equipment, materials, commissions, transportation charges and
expenses, and labor for handling materials during inspection, together with any and all other
costs and expenses for performing and completing the Work as shown on the plans and specified
herein. The Basis of Payment for an item at the price shown in the Proposal shall be in
accordance with its description of the item in this Section and as related to the Work specified
and as shown on the Drawings. The unit prices stated in the Contract shall be considered fixed
and firm during the contract term.
2.7 PERFORMANCE AND PAYMENT BOND
The City of Sunny Isles Beach shall require the successful Bidder to furnish a Performance Bond
and Payment Bond in the amount of 100% of the total Bid 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 issuance of the Notice of Award by the City. The Performance and
Payment Bond shall continue in effect through the contract term. The bonds shall be with a
surety company authorized to do business in the State of Florida and having been in business
with a record of successful continuous operation for at least five (5) years.
City of Sunny Isles Beach |Request for Proposals No. 18‐11‐02 12
2.8 BID BOND
The City of Sunny Isles Beach shall require that every Bidder furnish a bid bond in the amount of
5% of the total bid price.
2.9 INSURANCE
Comprehensive General Liability with minimum limits of Two Million Dollars ($2,000,000.00) per
occurrence combined single limit for Bodily Injury Liability and Property Damage Liability.
Coverage must be afforded on a form no more restrictive than the latest edition of the
Comprehensive General Liability policy, without restrictive endorsements, as filed by the
Insurance Services Office, and must include:
o Premises and Operation
o Independent Contractors
o Broad Form Property Damages
o Broad Form Contractual Coverage applicable to this specific Contract, including any hold
harmless and/or indemnification agreement.
o Personal Injury Coverage with Employee and Contractual Exclusions removed, with
minimum limits of coverage equal to those required for Bodily Injury Liability and
Property Damage Liability.
Business Automobile Liability with minimum limits of One Million Dollars (1,000,000.00) per
occurrence combined single limit for Bodily Injury Liability and Property Damage Liability.
Coverage must be afforded on a form no more restrictive than the latest edition of the Business
Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services
Office, and must include:
o Owned Vehicles;
o Hired and Non-Owned Vehicles;
o Employers’ Non-Ownership.
Before starting the Work, the vendor will file and make sure that all certificates of
insurance required by this document and by the Contract are in the City’s possession.
These certificates shall contain a provision that the coverage afforded under the policies
will not be canceled or materially changed until at least thirty (30) days prior written
notice has been given to the City by certified mail. The City shall be named as an
additional insured on the above-referenced policies.
The vendor agrees that if any part of the Work under the Contract is sublet, they will
require the Sub-vendor(s) to carry insurance as required, and that they will require the
Sub- vendor(s) to furnish to them insurance certificates similar to those required by the
City in this section.
2.9.1 Cancellation and Re-Insurance:
City of Sunny Isles Beach |Request for Proposals No. 18‐11‐02 13
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 for the coverage specified in this section in order to
maintain coverage during the life of this Contract. All deductibles must be declared by
the Contractor and must be approved by the City. At the option of the City, either the
Contractor shall eliminate or reduce such deductible or the Contractor shall procure a
Bond, in a form satisfactory to the City, covering the same.
2.9.2 INSURANCE – SUBCONTRACTORS
Contractor shall require all of its subcontractors to provide the aforementioned coverage
as well as any other coverage that the contractor may consider necessary, and any
deficiency in the coverage or policy limits of said subcontractors will be the sole
responsibility of the contractor.
2.10 FEDERAL AND STATE REGULATIONS
The Contractor shall comply with all applicable federal, state and local rules and regulations
regarding provision of Services.
2.11 LICENSES, PERMITS AND TAXES
Contractor shall, at its own expense, obtain all necessary permits and licenses, pay all applicable
fees, and pay all applicable sales, consumer, use and other taxes required to comply with local
ordinances, state and federal law. Consultant is responsible for reviewing the pertinent state
statutes regarding state taxes and for complying with all requirements therein. Any change in tax
laws after the execution of this Agreement will be subject to further negotiation and Consultant
shall be responsible for complying with all state tax requirements.
2.12 GENERAL REQUIREMENTS
Bus Shelters must be engineered and built to meet or exceed all applicable building codes, wind
loads, and seismic load specifications and to be in full compliance with ADA Accessibility Code. In
all locations designated for the installation of a new shelter, bench and/or trash receptacle, the
contractor shall be responsible for the purchasing, transport, storage, layout, approval and
installation of the product at each bus stop location. The layout of the all products shall ensure
that American with Disabilities Act (ADA) compliance is attained at the bus stop location and shall
be approved by the City prior to final installation.
2.13 MONTHLY INVOICES PAYMENTS
Payment terms will be considered to be net 30 days after the date of satisfactory delivery at the
place of acceptance and receipt of correct invoice at the office specified, whichever occurs last.
Bidder may offer cash discounts for prompt payment but they will not be considered in
determination of award.
City of Sunny Isles Beach |Request for Proposals No. 18‐11‐02 14
2.14 WARRANTY SHALL BE SUPPLIED IN WRITTEN FORM
Contractor warrants and guarantees to the City that all work will be in strict accordance with the
Contract Documents and will not be defective. All defective Work, whether or not in place, may
be rejected, corrected or accepted as provided below.
2.14.1 Correcting Defects Covered Under Warranty
The Contractor shall be responsible for promptly correcting any deficiency, at no cost to
the City, within seven (7) calendar days after the City notifies the Contractor of such
deficiency in writing. If the Contractor fails to satisfy the warranty within the period
specified in the notice, the City may (a) place the Contractor in default of its contract,
and/or (b) procure the products or services from another source and charge the
Contractor for any additional costs that are incurred by the City for this work or items;
either through a credit memorandum or through invoicing.
2.14.2 Owner May Stop the Work
If the Work is defective or Contractor fails to supply sufficiently skilled workers or
suitable materials or equipment, or fails to furnish or perform the Work in such a way
that the completed Work will strictly conform to the Contract Documents, City may order
Contractor to stop the Work, or any portion thereof, until the cause for such order has
been eliminated. However, this right of City to stop the Work shall not give rise to any
duty on the part of City to exercise this right for the benefit of Contractor or any other
party.
2.15 ONE YEAR CORRECTION PERIOD
In the event any work is found to be defective within one year after the date of Final Completion,
Contractor shall promptly, without cost to City and in accordance with City’s written instructions,
either correct such defective Work, or, if it has been rejected by City, remove it from the site and
replace it with non-defective Work. If Contractor does not promptly comply with the terms of
such instructions, or in an emergency where delay would cause serious risk of loss or damage,
City may have the defective Work corrected or the rejected Work removed and replaced, and all
direct, indirect and consequential costs of such removal and replacement (including but not
limited to fees and charges of engineers, architects, attorneys and other professionals) will be
promptly paid by Contractor. Nothing in this RFP or the Contract shall be construed as a
limitation on any right or remedy for breach of the Contract or defects in the Work. All rights set
forth herein and in the Contract shall be deemed cumulative and in addition to any rights or
remedies which may be afforded by Florida law.
City of Sunny Isles Beach |Request for Proposals No. 18‐11‐02 15
2.16 “AS BUILT” RECORD DOCUMENTS
The Contractor shall supply the Owner with one (1) set of “As Built” record drawings, three (3)
sets of signed and sealed drawings, and a CD with the electronic CAD drawings in State Plane
Coordinates NAD 1983 with the 1990 Adjustment, if applicable, indicating the final installation
of all the infrastructure placed as part of this project, as well as all modifications made due to
field conditions, change orders, et cetera. Surveying and layout expenses are the responsibility
of the Bidder.
2.17 LABOR, MATERIALS, AND EQUIPMENT SHALL BE SUPPLIED BY THE VENDOR
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 of the warranty. All material,
workmanship, and equipment shall be subject to the inspection and approval of the City's Project
Manager.
2.18 MATERIALS SHALL BE NEW AND WARRANTED AGAINST DEFECTS
The vendor hereby acknowledges and agrees that all materials, except where recycled content is
specifically requested, supplied by the vendor in conjunction with this solicitation and resultant
contract shall be new, warranted for their merchantability, and fit for a particular purpose. In the
event any of the materials supplied to the City by the vendor are found to be defective or do not
conform to specifications: (1) the materials may be returned to the vendor at the vendor’s
expense and the contract cancelled or (2) the City may require the vendor to replace the
materials at the vendor’s expense.
2.19 WORK ACCEPTANCE
This project will be inspected by an authorized representative of the City. This inspection shall be
performed to determine acceptance of work and appropriate invoicing.
2.20 PURCHASE OF OTHER ITEMS NOT LISTED WITHIN THIS SOLICITATION BASED ON
PRICE QUOTES:
While the City has listed all major items within this solicitation which are utilized by City
departments in conjunction with their operations, there may be similar items that must be
purchased by the City during the term of this contract. Under these circumstances, a City
representative will contact the primary vendor to obtain a price quote for the similar items. If
there are multiple vendors on the contract, the City representative may also obtain price quotes
from these vendors. The City reserves the right to award these similar items to the primary
contract vendor, another contract vendor based on the lowest price quoted, or to acquire the
items through a separate solicitation.
City of Sunny Isles Beach |Request for Proposals No. 18‐11‐02 16
2.21 DISPOSAL OF WASTES AND DEBRIS
The Contractor shall provide containment for all debris and solids associated with the work
described in these specifications. The Contractor shall dispose of all spent debris off site by the
end of business day in an environmentally responsible manner and in accordance with all
implementing regulatory agencies.
2.22 SITE RESTORATION
Upon completion of the work, the Contractor shall replace damaged pavement and curbing, sod
and all other appurtenances to restore each site to the satisfaction of the OWNER. Each area
shall be left clean; free of oils, grease, or any other substances used during the removal. The
Contractor shall restore the site to its original or better condition acceptable to OWNER including
repair or replacement of damaged components at no additional cost to the City.
2.23 PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES
Pursuant to Florida Statutes Section 217.4725, contracting with any entity that is listed on the
Scrutinized Companies that Boycott Israel List or that is engaged in the boycott of Israel is
prohibited. Contractors must certify that the company is not participating in a boycott of Israel.
Any contract for goods or services of One Million Dollars ($1,000,000) or more shall be
terminated at the City’s option if it is discovered that the entity submitted false documents of
certification, is listed on the Scrutinized Companies with Activities in Sudan List, the
Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been
engaged in business operations in Cuba or Syria after July 1, 2018. Any contract entered
into or renewed after July 1, 2018 shall be terminated at the City’s option if the company is listed
on the Scrutinized Companies that Boycott Israel List or engaged in the boycott of Israel.
Contractors must submit the certification that is attached to this agreement. Submitting a false
certification shall be deemed a material breach of contract. The City shall provide notice, in
writing, to the Contractor of the City’s determination concerning the false certification. The
Contractor shall have ninety (90) days following receipt of the notice to respond in writing
and demonstrate that the determination was in error. If the Contractor does not demonstrate
that the City’s determination of false certification was made in error, then the City shall have
the right to terminate the contract and seek civil remedies pursuant to Florida Statute Section
215.4725.
2.24 DEBARRED OR SUSPENDED BIDDERS OR PROPOSERS
The bidder or proposer certifies, by submission of a response to this solicitation, that neither it
nor its principals and subcontractors are presently debarred or suspended by any Federal
department or agency.
City of Sunny Isles Beach |Request for Proposals No. 18‐11‐02 17
2.25 PUBLIC RECORDS
IF THE SUCCESSFUL PROPOSER HAS QUESTIONS
REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, TO THE SUCCESSFUL PROPOSER’S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT CITY OF
SUNNY ISLES BEACH 18070 COLLINS AVENUE, SUNNY ISLES
BEACH, FL 33160. THE CITY CLERK’S OFFICE MAY BE
CONTACTED BY PHONE AT (305) 792-1703 OR VIA EMAIL AT
MBetancur@sibfl.net.
END OF SECTION
City of Sunny Isles Beach |Request for Proposals No. 18‐11‐02 18
Section 3
Scope of Services / Technical Specifications
3.0 BACKGROUND
The City of Sunny Isles Beach (the “City”) is requesting proposals for relocation and refurbishing
of the City’s bus shelters along Collins Avenue. Scope of Work will include removal and
refurbishing of existing shelters, construction of new slab foundations, resetting shelters,
modifying paver sidewalks, relocation of bus benches and trash receptacles and restoration of
original sites from qualified and licensed contractors (the “Contractor”).
3.1 SCOPE OF WORK
Awarded Contractor will perform services which may include, but not limited to the
following tasks identified below:
Remove bus shelters, clean and repaint with gloss black, anti-rust paint
Remove and relocate garbage cans and benches in close proximity to bus stop
Remove pavers, shrubs, modify irrigation and uplighting
Form and pour a 21’ x 5’ pad per detail, coordinate with City on locations
Form and pour a 45’ x 5’ pad per detail, (Heritage Park, 3 Shelters combined)
Reinstall shelters per anchoring detail
Reinstall garbage cans
Install pavers over slab, pavers supplied by City
Adjust Bus stop sign locations as needed
Benches and Garbage cans to be anchored same as existing
Restoration of all disturbed areas as a result of the bus shelter removal
LOCATIONS (WITHIN CITY OF SUNNY ISLES BEACH BOUNDARIES) BASE BID
1 - 159th Collins Ave at Marina del Mar
2 - 172nd Collins - Town Center Park
3 ‐ 17534 Collins Ave ‐ Walgreens
City of Sunny Isles Beach |Request for Proposals No. 18‐11‐02 19
4 - 7-11/Exxon
5 - 184th Collins – Publix
6 - 18600 Collins – Green Cleaners
7 - 19200 Collins Avenue - Heritage Park
LOCATIONS ALTERNATE BID
8 – 158TH St
9 – Intracoastal Park South (new shelter to be provided by City)
10 – Intracoastal Park North
11 – RK Plaza, 175th St
12 – Government Center (City Hall)
13 – 18194 North Collins Ave - Burger King
Contractor will be responsible in keeping the replacement shelter, shelter components, and
accessories from any scratches, punctures, breakage, or other damage as consequence of
mishandling, failure to follow common industry practices during installation, and other actions
within the contractor’s control. In the event of damage, contractor will make repairs within one
(1) week plus any additional lead-time needed for manufacturer of damaged component from
bus shelter manufacturer.
3.2 QUANTITIES OF FURNITURE ARE SUBJECT TO CHANGE
City reserves the right to change the actual number of Furniture included in the Project.
Furthermore, additional items may be required before conclusion of the project. As a result, all
proposers shall include detailed and itemized price quote (with cost per unit information) for the
purchase, installation of additional shelters, benches, and trash receptacles and the removal,
replacement, and disposal of existing Furniture. Any and all additional purchases shall be based
on the unit price to be guaranteed by the selected Proposer (Contractor) for two (2) years from
the date of the last delivery of material in the original award. City reserves the right to change
the locations of the Furniture.
3.3 STATE REQUIREMENTS
14-20.004 Public Transit Bus Stops.
City of Sunny Isles Beach |Request for Proposals No. 18‐11‐02 20
(1) A public transit provider as defined in Section 341.031, F.S., may designate a “Bus Stop”
within the boundaries of the right of way of a state road.
(2) The location of a transit bus stop site on a state road right of way is dictated by the needs of
the riding public and the route availability of the public transit system.
(3) The site selection and establishment of a transit bus stop shall provide the maximum safety
to the users of the public transit system and vehicular and pedestrian traffic. If a transit bus stop
is located at a site deemed to be unsafe by the Department, modification or removal shall be
required by the Department and shall be at the expense of the transit bus system.
(4) The operator of a transit bus system shall indicate or mark the bus stop in accordance with
the Manual on Uniform Traffic Control Devices, incorporated by reference under Rule 14-15.010,
F.A.C.
(5) Transit bus stops are allowed in medians only for bus rapid transit providers utilizing an inside
lane for passenger transport.
(6) Signs shall not be installed where such signing interferes with the functions or visibility of
existing traffic control devices.
(7) Transit bus stop signs may be attached to an existing sign support provided that there is no
more than one other supplementary sign already in place.
(8) Transit bus stop signs shall be attached to supports meeting the location, height, and lateral
placement requirements established in the Department’s Design Standards, Index Number
17302, revised July 1, 2015, incorporated herein by reference at
https://www.flrules.org/Gateway/reference.asp?No=Ref-06942
END OF SECTION
City of Sunny Isles Beach |Request for Proposals No. 18‐11‐02 21
SECTION 4
PROPOSAL FORMAT
4.0 FORMAT
Proposers must submit one (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. Failure to submit all documentation in response to items A
through J of this section may result in the proposal being deemed non-responsive and may result in the
proposer’s bid not being considered, in the City’s Sole Discretion.
A. 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
List of any outstanding litigation that would threaten the viability of the firm or the
performance of this contract
Proof of Insurance
Hours of Operation
Project Manager and Contact Information
B. Qualifications
The proposal demonstrates a high level of relevant experience and expertise in design,
site planning, engineering, project management, and construction.
A schedule of proposed services. The schedule should include the Proposer's
understanding of the issues and tasks of the project at hand.
City of Sunny Isles Beach |Request for Proposals No. 18‐11‐02 22
C. Staffing
Relevant experience and qualifications of key personnel, including key personnel of
subcontractors, that will be assigned to this project as well as experience and
qualifications. The size and experience of the company staff pool from which staff assigned to the
contract can be drawn. The composition of the staff team should include:
The names of the employees in the area responsible for this contract
Their function in the company
The name of the person who will be responsible for the coordination of work
D. APPROACH / METHODOLOGY
Proposer’s approach methodology to providing the services requested in this solicitation
Suitability of the methodologies and approaches used in achieving tasks
Overall organization to completing the project
Ability to meet desired timelines and deadlines
F. Contractor’s References and Similar Work Completed
This section shall provide the number of years of experience of the Firm in the specified work
areas and examples of similar services with applicable reference information, with emphasis on
similar government projects and/or services in similar climates. Respondents must submit a
Qualification Statement. Respondents must provide at least three (3) references of work within
the last five (5) years, preferably from government agencies. Do not include in your references
any former or current employee of the City. Provide a resume for all proposed personnel on the
Respondent’s team that will be assigned to the Contract to meet the requirements of the
Solicitation documents. The resume shall concentrate on the person’s experience and
qualifications as it relates to the requirements for the services. Concentrate only on those
services rendered by the Firm within the past five (5) years, which mostly match the scope of
services.
In all illustrations of experience, indicate specifically the nature and extent of the work performed
by the individuals or firms on prior similar services. The title and a brief description of each
project and/or service shall include:
a. Client Name, Address, Contact, Phone and Fax Numbers and valid e-mail address;
b. Project Title;
c. Description of work performed, including the project location; and
d. Year completed.
G. Corporate Standing and Authorized Signatory
Respondent must demonstrate that the company is in good standing and that the person signing
this submittal is an Authorized Signatory on behalf of the respondent to sign bids, proposals,
City of Sunny Isles Beach |Request for Proposals No. 18‐11‐02 23
negotiate and/or sign contracts, agreements, amendments and related documents to which the
respondent will be duly bound. The respondent must provide a copy of the State Certificate of
good standing listing the officers of the company. If the signatory is not one of the officers listed
on the State Certificate, the respondent must provide one of the following forms of evidence of
Signatory Authority with its response:
a.A copy of firm’s Articles of Incorporation listing the approved signatories of the
corporation;
b.A copy of a resolution listing the members of staff as authorized signatories for the firm;
and
c. A letter from a corporate officer listing the members of staff that are authorized
signatories for the firm.
H. Variations/Exceptions: Provide a list of services which are not included in the firm’s proposal
to the required services as outlined in the Scope of Services along with any exceptions or
variations to any section of the proposal and explanation.
I. Litigation Statement: A statement that no litigation or regulatory action has been filed against
your firm (s) in the last five (5) years shall be included in the proposal. If an action has been
filed against your firm(s) within the last three years, state and describe the litigation or
regulatory action filed against your firm and identify the court or agency before which the
action was instituted, the applicable case or file number, and the status or disposition for such
reported action. Describe all litigation (include the court and location) of any kind
involving proposer or proposer’s team members within the last five years.
J. Forms and Attachments
a.Enclosed Forms;
b.Respondent must complete, sign as required, and submit the Addenda and all forms in
the following Section 6 as part of its submittal;
c.Firm’s proof of Current Certificate(s) of Insurance;
City of Sunny Isles Beach |Request for Proposals No. 18‐11‐02 24
SECTION 5
Evaluation Process
5.1 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. Proposals received without addendum
acknowledgement may be considered non-responsive. The contract will be
awarded to the lowest responsible and responsive proposer whose proposal best
serves the interest of and represents the best value to the City in conformity with
section 62-8 of the City code.
5.2 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
5. Financial Background
6. Agency Billings
Price
1. Proposer’s proposed price
City of Sunny Isles Beach |Request for Proposals No. 18‐11‐02 25
5.3 Oral Presentations
Upon completion of the criteria evaluation indicated above, the Selection
Committee may choose to conduct an oral presentation with the Proposer(s)
which the Committee deems to warrant further consideration. Upon completion
of the oral presentation(s), the Committee will re-evaluate the proposals
remaining in consideration based upon the written documents combined with the
oral presentation.
5.4 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 proposers
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.
5.5 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 contract 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.
END OF SECTION
City of Sunny Isles Beach |Request for Proposals No. 18‐11‐02 26
DELIVER TO:
City of Sunny Isles Beach
City Clerk
18070 Collins Avenue, 4th Floor
Sunny Isles Beach, FL 33160
REQUEST FOR PROPOSALS
SECTION 6
BID SUBMITTAL FORMS OPENING: 2:30 P.M.
12/10/2018
PLEASE QUOTE PRICES F.O.B. DESTINATION, LESS TAXES, DELIVERED IN
CITY OF SUNNY ISLES BEACH, FLORIDA
NOTE: City of Sunny Isles Beach is exempt from all taxes (Federal, State, and Local). Bid price should be
less all taxes. Tax Exemption Certificate furnished upon request.
Issued by: Purchasing Agent Date Issued:
11/16/2018
This Bid Submittal Consists of
Pages 26+
Sealed proposals are subject to the Terms and Conditions of this Invitation to Bid and the accompanying
Bid Submittal. Such other contract provisions, specifications, drawings or other data as are attached or
incorporated by reference in the Bid Submittal, will be received at the office of the City Clerk at the
address shown above until the above stated time and date, and at that time, publicly opened for
furnishing the supplies or services described in the accompanying Bid Submittal Requirement.
RFP 18-11-02
BUS SHELTER RELOCATION AND REFURBSHING
A Bid Deposit in the amount of 5% 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:
Genesis Cuevas
________________________________________
Commodity Code(s):
RETURN ONE ORIGINAL AND FOUR COPIES OF BID SUBMITTAL PAGES AND AFFIDAVITS
FAILURE TO SIGN PAGE 25 OF SECTION 5 BID SUBMITTAL WILL RENDER YOUR BID NON-
RESPONSIVE
City of Sunny Isles Beach |Request for Proposals No. 18‐11‐02 27
BID SUBMITTAL FORM
Bid Title: Bus Shelter Relocation and Refurbishing
The undersigned Proposers propose and agree, 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 accept 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 agree
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 Proposers represent, as more fully set forth in the Agreement, that:
The Proposers have familiarized themselves 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 Proposers have 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 Proposers.
This Bid is genuine and not made in the interest of or on behalf of any
undisclosed person, firm or corporation and is not submitted in conformity with
any agreement or rules of any group, association, organization, or corporation;
the Proposers have not directly or indirectly induced or solicited any other
Proposers to submit a false or sham Bid; the Proposers have not solicited or
induced any person, firm or corporation to refrain from Bidding; and the
Proposers have not sought by collusion to obtain for itself any advantage over
any other Proposers or over the City.
The Proposers understand and agree that the proposal is for unit prices to furnish and install individual
Work Items for maintenance and/or repair work, complete in place. Estimates are provided for the
purposes of Evaluation and to establish unit prices for individual Work Items for maintenance and/or
repair work to be contracted by the City under individual Purchase Orders, based on the unit prices
established under this Bid.
The City and the successful Proposers will establish completion times for each individual Work Item and
the successful Proposers agree that the work will be completed within the time frames agreed upon and
stipulated in the individual Purchase Orders and/or Notice to Proceed.
City of Sunny Isles Beach |Request for Proposals No. 18‐11‐02 28
Firm Name:
_____________________________________________________________________________
Street Address:
_____________________________________________________________________________
Mailing Address (if different):
_____________________________________________________________________________
Telephone No. _______________________________Fax No. _________________________
Email Address: _______________________________FEIN No. __/__-__/__/__/__/__/__/__
*By signing this document the proposer 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 |Request for Proposals No. 18‐11‐02 29
PROJECT VERIFICATION FORM
Proposer should have provided bus relocation or installation services for at least one (1) project over the
past five (5) years of similar size, nature and complexity and provide evidence using the spaces below.
1) Name of Client Entity: ______________________________________________
Address: __________________________________________________________
City/State/Zip: ______________________________________________________
Contact: __________________________________________________________
Title: _____________________________________________________________
Email Address:____________________________________________________
Telephone: ________________________________________________________
Scope of Work: _____________________________________________________
Contract Start/End Dates: _____________________________________________
Contract Amount: $__________________________________________________
2) Name of Client Entity: ______________________________________________
Address: __________________________________________________________
City/State/Zip: ______________________________________________________
Contact: __________________________________________________________
Title: _____________________________________________________________
Email Address:____________________________________________________
Telephone: ________________________________________________________
Scope of Work: _____________________________________________________
Contract Start/End Dates: _____________________________________________
Contract Amount: $__________________________________________________
3) Name of Client Entity: ______________________________________________
Address: __________________________________________________________
City/State/Zip: ______________________________________________________
Contact: __________________________________________________________
Title: _____________________________________________________________
Email Address:_____________________________________________________
Telephone: ________________________________________________________
Scope of Work: _____________________________________________________
Contract Start/End Dates: _____________________________________________
Contract Amount: $__________________________________________________
City of Sunny Isles Beach |Request for Proposals No. 18‐11‐02 30
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 |Request for Proposals No. 18‐11‐02 31
ATTACHMENTS
City of Sunny Isles Beach |Request for Proposals No. 18‐11‐02 32
AFFIDAVITS
NON-COLLUSION AFFIDAVIT
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 947-0606 Fax: (305) 949-3113
STATE OF FLORIDA )
)
COUNTY OF _____________)
The undersigned being first duly sworn as provided by law, deposes, and says:
This Affidavit is made with the knowledge and intent that it is to be filed with the City of Sunny Isles Beach City Commission and that it will be
relied upon by said County, in any consideration which may give to and any action it may take with respect to this Bid.
The undersigned is authorized to make this Affidavit on behalf of,
_____________________________________________________________
(Name of Corporation, Partnership, Individual, etc.)
a, ________________________________, formed under the laws of _____________
(Type of Business) (State)
of which he is ________________________________________________.
(Sole Owner, Partner, President, etc.)
Neither the undersigned nor any person, firm, or corporation named in above Paragraph 10.2, nor anyone else to the knowledge of the
undersigned, have themselves solicited or employed anyone else to solicit favorable action for this Bid by the City, also that no head of any
department or employee therein, or any officer of the City of Sunny Isles Beach, Florida is directly interested therein.
This Bid is genuine and not collusive or a sham; the person, firm or corporation named above in Paragraph 10.2 has not colluded, conspired,
connived or agreed directly or indirectly with any proposers or person, firm or corporation, to put in a sham Bid, or that such person, firm or
corporation, shall refrain from Bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication
or conference with any person, firm or corporation, to fix the prices of said Bid or Bids of any other proposers; and all statements contained in
the Bid or Bids described above true; and further; neither the undersigned, nor the person, firm or corporation named above in Paragraph
10.2, has directly or indirectly submitted said Bid or the contents thereof, or divulged information or data relative thereto, to any association or
to any member or agent thereof.
______________________________________________________________________
AFFIANT’S NAME AFFIANT’S TITLE
TAKEN, SWORN AND SUBSCRIBED TO BEFORE ME this _____ day of _______________________, 200_.
Personally Known ________ or Produced Identification ________;
Type of identification ___________________________________
(Affix seal here)
___________________________________
NOTARY PUBLIC (name printed or typed)
DECEMBER 28, 2010
PUBLIC ENTITY CRIMES
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 947-0606 Fax: (305) 949-3113
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a)
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
PUBLIC ENTITY CRIMES
Pursuant to the provisions of paragraph (2) (a) of Section 287.133, Florida State Statutes - "A person or affiliate
who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a
Bid on a Contract to provide any goods or services to a public entity, may not submit a Bid on a Contract with a
public entity for the construction or repair of a public building or public Work, may not submit Bids on leases of
real property to a public entity, may not be awarded to perform Work as a Contractor, supplier, Sub-Contractor, or
Consultant under a Contract with any public entity, and may not transact business with any public entity in excess
of the threshold amount Category Two of Sec. 287.017, FS for thirty six months from the date of being placed on
the convicted vendor list".
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
11.1. This sworn statement is submitted to City of Sunny Isles Beach _____________
by____________________________________________________________________________
[print individual’s name and title]
for____________________________________________________________________________
[print name of entity submitting sworn statement]
whose business address is:
_______________________________________________________________________________
_______________________________________________________________________________
and (if applicable) its Federal Employer Identification number (FEIN) is_____________________.
(If the entity had no FEIN, include the Social Security Number of the individual signing this sworn
statement:_________________________________.)
11.2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a
violation of any state or federal law by a person with respect to and directly related to the transaction of
business with any public entity or with an agency or political subdivision of any other state or with the
United States, including, but not limited to, any Bid or Contract for goods or services to be provided to any
public entity or an agency or political subdivision of any other state of the United States and involving
antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
11.3. I understand that "convicted" or "conviction" as defined in Para. 287.133(1)(b), Florida Statutes, means a
finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any
federal or state trail court of record relating to charges brought by indictment or information after July 1,
1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere.
11.4. I understand that an "affiliate" as defined in Para. 287.133(1)(a), Florida Statutes, means:
a.) predecessor or successor of a person convicted of a public entity crime; or
b.) Any entity under the control of any natural person who is active in the management of the entity
and who has been convicted of a public entity crime. The term "affiliate" includes those officers,
directors, executors, partners, shareholders, employees, members, and agents who are active in
the management of an affiliate. The ownership by one person of shares constituting a controlling
interest in another person, or a pooling of equipment or income among persons when not for fair
DECEMBER 28, 2010
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
______________________________________
Personally Known __________ OR Produced Identification __________
roduced
________________________________ 10/1998
EQUAL OPPORTUNITY /
AFFIRMATIVE ACTION
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 947-0606 Fax: (305) 949-3113
EQUAL OPPORTUNITY/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
CONFLICT OF INTEREST
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 947-0606 Fax: (305) 949-3113
CONFLICT OF INTEREST STATEMENT
The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State Statutes. Proposers must
disclose with their Bids, the name of any officer, director, partner, associate or agent who is also an officer or employee of the
City of Sunny Isles Beach or its agencies.
STATE OF FLORIDA
COUNTY OF ___________________
BEFORE ME, the undersigned authority, personally appeared _____________________________, who was duly sworn,
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.
18.7 I certify that no member of the entity’s ownership or management is presently applying for any employee position or
actively seeking an elected position with the City of Sunny Isles Beach.
18.8 I certify that no member of the entity’s ownership or management, or staff has a vested interest in any aspect of the City
of Sunny Isles Beach.
18.9 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 _____________________________________, 2018.
_________________________________ _________________________________
AFFIANT Print or Type Name and Title
Sworn to and subscribed before me this _____ day of ______________________, 2018.
Personally Known ________ OR
Produced Identification ________; Type of Identification _________________________
__________________________________
NOTARY PUBLIC STATE OF FLORIDA
DECEMBER 28, 2010
DISPUTE DISCLOSURE
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 947-0606 Fax: (305) 949-3113
DISPUTE DISCLOSURE FORM
Answer the following questions by placing a “X” after “Yes” or “No”. If you answer “Yes”, please
explain in the space provided, or on a separate sheet attached to this form.
19.1. Has your firm or any of its officers, received a reprimand of any nature or been suspended by the
Department of Professional Regulations or any other regulatory agency or professional associations within the last
five (5) years?
YES __________ NO __________
19.2. Has your firm, or any member of your firm, been declared in default, terminated or removed from a
contract or job related to the services your firm provides in the regular course of business within the last five (5)
years?
YES __________ NO __________
19.3. Has your firm had against it or filed any requests for equitable adjustment, contract claims, Bid protests,
or litigation in the past five (5) years that is related to the services your firm provides in the regular course of
business?
YES __________ NO __________ If yes, state the nature of the request for equitable adjustment, contract
claim, litigation, or protest, and state a brief description of the case, the outcome or status of the suit and the
monetary amounts of extended contract time involved.
I hereby certify that all statements made are true and agree and understand that any misstatement or
misrepresentation of falsification of facts shall be cause for forfeiture of rights for further consideration of this Bid
for the City of Sunny Isles Beach.
________________________________________ ______________________________________
Firm Date
________________________________________ _______________________________________
Authorized Signature Print or Type Name and Title
DECEMBER 28, 2010
ANTI-KICKBACK
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 947-0606 Fax: (305) 949-3113
ANTI-KICKBACK AFFIDAVIT
STATE OF FLORIDA )
)
COUNTY OF ___________ )
I, the undersigned, hereby duly sworn and deposed say that no portion of this sum herein Bid
will be paid to any employees of the City of Sunny Isles Beach or its elected officials as a
commission, kickback, reward or gift, directly or indirectly by me or any member of my firm or
by an officer of the corporation.
By: ________________________________
Title: ________________________________
The foregoing instrument was acknowledged before me this _____ day of
__________________, 20____, by _________________________________________ [name
of person], as __________________________________ [type of authority], for
________________________________ [name of party on behalf of whom instrument was
executed].
AFFIX NOTARY STAMP HERE:
_______________________________
Notary Public – State of Florida
________________________________
Print or Type Commissioned Name
Personally Known __________ OR Produced Identification __________
Type of Identification Produced ________________________________
DECEMBER 28, 2010
CONTRACTOR ANTI-BOYCOTT CERTIFICATION
[PURSUANT TO FLORIDA STATUTE § 215.4725]
I, ___________________, on behalf of _________________________,
Print Name Company Name
certifies that___________________________ does not:
Company Name
1.Participate in a boycott of Israel; and
2.Is not on the Scrutinized Companies that Boycott Israel list; and
3.Is not on the Scrutinized Companies with Activities in Sudan List; and
4.Is not on the Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List; and
5.Has not engaged in business operations in Cuba or Syria.
________________________________
Signature
________________________________
Title
________________________________
Date
9 OF 10
PERFORMANCE BOND
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 947-0606 Fax: (305) 949-3113
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 ($ _____________) 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, awarded the
day of , 20 , with 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:
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
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 attorney's fees including attorney's fees incurred in appellate proceedings, that
City sustains because of default by Contractor under the Contract; and
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:
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:
4.1. Complete the Contract in accordance with its terms and conditions; or
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.
10 of 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 ________________________________
BID BOND
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 947-0606 Fax: (305) 949-3113
STATE OF FLORIDA )
)
COUNTY OF ____________)
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 ($ __________), 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,
______________2018 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.
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