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C2F-Issue RFP Removable-Retractable Canopy At The North Beach Band ShellCOMMISSION ITEM SUMMARY Condensed Title: nequest For Approval To lssue Request For Proposals (RFP) 2014-290-YG For The Design, Manufacturing And lnstallation Of A Removable/Retractable At The North Beach Band Shell Maximize the Miami Beach brand as a world class destination. Data (Survevs. EnvironmentalScan. etc: N/A ln January 2Ol+, tne City Administration began efforts to develop a North Beach Economic Development and Revitalization Strategy Plan. The initial steps of the plan focus on gathering public input to serve as the foundation. To date, two general public input meetings have been held with approximately 130 attendees at each meeting. One additional meeting geared towards issues and obstacles'facing commercial property owners and business owners of the area was also held with strong attendance. Another general public input meeting was held on April 22,2014, to fine tune the priorities for this plan and to work with the public in prioritizing concerns. Economic Development staff is working to compile a master list of all of the concerns raised in the meetings with the goal of working with the applicable department(s) to ascertain issues/concerns that can be resolved immediately, those which require specific allocations through future budgets, and those that may require more time, coordination with otherentities, orfurther study in orderto resolve. The Economic Development staff is also working to undertake interviews with key stakeholders as identified by the Mayor and Commission, as well as the Administration. The public has been supportive of the North Beach efforts and they remain quite engaged an involved which has led to the cultivation of some excellent input. Staff will strive to address the concerns and issues raised and to prepare a realistic and implementable plan for North Beach's future for presentation to the Commission during the summer months. ln March 2014, Mayor Levine created the Mayor's Blue Ribbon Panel on North Beach Revitalization and appointed three (3) members. The Blue Ribbon Panel has met weekly and has begun to identify a number of items that could immediately help in the revitalization efforts. One such recommendation from the Blue Ribbon Panel is a series of events, festivals, fairs and other activity to provide year around programming for the community and attract visitors to North Beach. To that end, the Panel recommended obtaining a canopy or other structure able to cover the audience area of the Band Shell. lt is believed that such a cover will protect attendees at events and will encourage use of the facilities as the effects of weather can be mitigated using a canopy. Funding was identified and included as part of a Capital Budget amendments early this year. To seek proposals for the aforementioned canopy, the Administration is seeking approval to release the attached RFP 2014-290-YG, for the Design, Manufacturing and lnstallation of a Removable/Retractable Canopy at the North Beach Band Shell (the "RFP"). CONCLUSION The Administration recommends that the Mayor and Commission authorize the issuance of the RFP 2015-290- YG, for the Design, Manufacturing and lnstallation of a Removable/Retractable Ganopy at the North Beach Band Shell. RECOMMENDATION Authorize the issuance of the RFP 2015-290-YG, for the Design, Manufacturing and lnstallation of a Removable/Retractable Canopy at the North Beach Band Financial lnformation : Source of Amount Account 1 N/A 307-2538-000359 North Beach Quality of Life 2 Total Financia! lmoact Summary: Alex is. Extension 6641 AGE}IDA *'EM C2 I=# MIAMISfrACH o^rE 7e3'//199 City of Miomi Beoch, I 200 Convention Center Drive, Miomi Beoch, Florido 331 39, www.miomibeochll.gov COMMISSION MEMORANDUM Mayor Philip Levine and FROM: Jimmy L. Morales, City Manager DATE: July 23,2014 SUBJECT: Request For Approval To lssue Request For Proposals (RFP) 2014-290-YG For The Design, Manufacturing And lnstallation Of A Removable/Retractable CanopyAt The North Beach Band Shell BACKGROUND/ANALYSIS ln January 2014, the City Administration began efforts to develop a North Beach Economic Development and Revitalization Strategy Plan. The initial steps of the plan focus on gathering public input to serve as the foundation. To date, two general public input meetings have been held with approximately 130 attendees at each meeting. One additional meeting geared towards issues and obstacles'facing commercial property owners and business owners of the area was also held with strong attendance. Another general public input meeting was held on April 22,2014, to fine tune the priorities for this plan and to work with the public in prioritizing concerns. Economic Development staff is working to compile a master list of all of the concerns raised in the meetings with the goal of working with the applicable department(s) to ascertain issues/concerns that can be resolved immediately, those which require specific allocations through future budgets, and those that may require more time, coordination with other entities, or further study in order to resolve. The Economic Development staff is also working to undertake interviews with key stakeholders as identified by the Mayor and Commission, as well as the Administration. The public has been supportive of the North Beach efforts and they remain quite engaged an involved which has led to the cultivation of some excellent input. Staff will strive to address the concerns and issues raised and to prepare a realistic and implementable plan for North Beach's future for presentation to the Commission during the summer months. ln March 2014, Mayor Levine created the Mayor's Blue Ribbon Panel on North Beach Revitalization and appointed three (3) members. The Blue Ribbon Panel has met weekly and has begun to identify a number of items that could immediately help in the revitalization efforts. One such recommendation from the Blue Ribbon Panel is a series of events, festivals, fairs and other activity to provide year around programming for the community and attract visitors to North Beach. To that end, the Panel recommended obtaining a canopy or other structure able to cover the audience area of the Band Shell. lt is believed that such a cover will protect attendees at events and will encourage use of the facilities as the effects of weather can be mitigated using a canopy. Funding was identified and included as part of a Capital Budget amendments early this year. the City C/mmissionP 200 Requesf fo /ssue RFP 2014-290-YG Page 2 To seek proposals for the aforementioned canopy, the Administration is seeking approval to release the attached RFP 2014-290-YG, for the Design, Manufacturing and lnstallation of a Removable/Retractable Canopy at the North Beach Band Shell (the "RFP"). MAJOR RFQ REQUIREMENTS The full RFP is attached for consideration. However, the most significant portions of the RFP are as follows: 1. SCOPE OF WORK Please Referto Section 0100-2, page2 2. MINIMUM QUALIFICATIONS Please Refer to Section 0100-6, page 5 3. SUBMITTAL REQUIREMENTS, Please Refer to Section 03'15, page 15 4. CRITERIA FOR EVALUATION Please Refer to Section 0305, page 13 CONCLUS!ON The Administration recommends that the Mayor and Commission authorize the issuance of the RFP 2015-290-YG, for the Design, Manufacturing and lnstallation of a Removable/Retractable Canopy at the North Beach Band Shell. RECOMMENDATION Authorize the issuance of the RFP 2015-290-YG, for the Design, Manufacturing and lnstallation of a Removable/Retractable Canopy at the North Beach Band Shell. ATTACHMENTS RFP 2015-290-YG, for the Design, Manufacturing and lnstallation of a Removable/Retractable Canopy at the North Beach Band Shell JLM/MT/KGB/MS/AD T:\AGENDA\2014Uuly\Procurement\lssuance RFP 2014-290-YG North Beach Band Shell Canopy MEMO.doc 201 dh*[mr.@ /\I1IAI\AIBTACH REQUEST FOR PROPOSALS DESIGN, MANUFACTURE AND INSTA.LE REMOVABTE/RETRACTABTE CANOPY AT TfI BEACH BAND SHEtt RFP No. 2OI4'29O'YG ' i,: . E.NORTH t-,.=. =.,,,.:::::::+iE,- -.\= *,{ . *,,F RFP ISSUANGffiATE: JULY 2fi112014 PRE-PROPOSAL MEETiNG$TE: AUGUST 21, 20I 4 = PROPOSAL DUE DATE: AUGUST 28,2014 ISSUED BY: Yusbel Gonzolez, Senior Procurement Specialist (Team Lead) DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive, Miomi Beoch, FL 331 39 www.miomibeochfl.gov 202 MIAMIBEACH TABLE OF CONTENTS PAGE OO1OO. GENERAL INSTRUCTIONS TO PROPOSERS ...........3 00200. DEF|N|T|ONS............ ....(omitted) OO3OO" INSTRUCTIONS TO PROPOSERS ............8 00305. EVALUATTON METHODOLOGY.. 'N_. .............12 00315. PROPOSAL SUBMTSSTON REQUTREMENTS .. ..._"" .."". ...........14 APPENDIXES: PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUI ::. | .. "NO BID" FORM :.riii .::. BtD TENDER FORM (COST pROpOSAL)l ,,,,.- " .,,- INSURANCE REQUIREMENTS '. ' .l A" B. C. D, AFFIDAVIT M- +ii=.-.k +N.lti ii. ffi r;;ji:,.::.-:.:.a w=# e I nre 2ot4-2eo-YG 203 MIAMIBEACH 01OO. GENERAL INSTRUCTIONS TO PROPOSERS: 1. General. This Request for Proposals (RFP) is issued by the City of Miami Beach, Florida (the "City"), as the means for prospective Proposers to submit their qualifications, proposed scopes of work and cost Proposals (the "Proposal") to the City for the City's consideration as an option in achieving the required scope of services and requirements as noted herein. All documents released in connection with this solicitation, including all appendixes and addenda, whether included herein or released under separate cover, comprise the solicitation, and are complementary to one another and together establish the complete terms, conditions and obligations of the Proposers and, subsequently, the successful Propose(s) (the "contractor[s]") if this R[f;,1 ults in an award. The City utilizes PuhlicPurchase (www.publicpurchase. ) for automatic nolification of competitive solicitation oppo(unities and document fulfillment, including the issuance of any adddndum to this RFP. Any prospective Proposer who has received this RFP by any means other than through PublicPurchase must register immediately with PublicPurchase to assure it receives any addendum issued to t.lijsRFP. Failure toieceive an addendum may result in disqualification of Proposal submitted. 2. Scope of Work: The City of Miami Beach is seeking p1.,gjlosals from qualified firms to deiign, manufacture and install a custom canopy at the North Beach Band Shell fadility (the cility"Ir$tp area of coverage for the canopy is approximately 9,700 square feet. The scope of the prolect will consistof .ttl..g.:. bfrTng:. Design and shop drawings. Obtaining all necessary permits. Seek approval of shop drawings from the City :. Manufacture canopy ,. lnstallCanopyo Warranty and maintain for a period of not less than five (5) years. Canopy shall meet all applicable re{"iiirements, including: building code, wind uplift, environmental and any other applicable requirement. Ihe City is also seeking a non-permanent (removable or retractable) canopy structure. For removable structures, the sel6qt0il,contr or will be responsible for removing, storing and re-installing with a 48 hour notice from the City. * r*,r: :::::::::::::::: : :: The selection process shall be as follows;o lnlerest parties, pursuant to this RFP, may submit their proposed designs, materials lists, project schedule, service offerings (maintenhnce, wana y, etc.) and cost proposals to the City.. ln'accordance with the criteria establiShed herein, the City will evaluate proposals received on the basis of design, qu-q]lty of materials, prolect schedule, service offerings and cost,. The propo.$fueemed tolave submitted the best combination of design, materials, prolect schedule, service and'Cdit may b mitted by the City Manager to the City Commission for approval. lf approved by the City Commission, the City will finalize a contract and issue a Notice to Proceed (NTP). No work may commence until such time as an NTP is issued by the City. s I nre 2o14-2eo-YG 204 MIAMIBEACH 4. Location of Work: The address of the North Beach Band Shell is 7275 Collins Avenue, Miami Beach, Florida 331 39. GeneralArea:ffi lliilt u Site Map: 1l a I nre 2ot4-29u-Yc 205 MIAMIBEACH 6. Minimum Requirements: ln order for proposals to be deemed responsive, Proposers must meet the minimum requirement set forth herein. Non-responsive bids will be disqualified from consideration.. Proposer must be licensed as a General Contractor in the State of Florida.. Proposer must be licensed as a Canvas Awning Contractor by Miami-Dade County.. Proposer must have completed at least three (3) projects similar in scope and size in the past ten (10) years. 7. Bid Bond: Intentionally omitted. 9. Proposal Submission: One (1) unbound qiginal proposal must be received on or before the date stipulated herein for the receipt of proposals. Additionally, five (5) bound copies as well as a CD or flash drive copy of the complete proposal are to be submitted to the City. The orlginal proposal and all copies must be submitted to the Department of Procurement Management in a sealed envelope or container stating on the outside, the Propose/s name, address, telephone number, RFP number, title, and due date. Any proposals received after time and date sp.ecifigd will be returned to the Propoier unopened. The responsibitity for Timetable. The tentative schedule for this solicitation is as follows: RFP lssued July 25,2014 Pre-Proposal Meeting August 8,2014 Deadline for Receipt of Questions August 21,2014 Proposals Due August 28,2014 Evaluation Committee Review & Proposer Presentations (Presentations only if deemed necessary bv the Citv) TBD Tentative Commission Approval Authorizing Negotiations October 22,2014 RafaelGranado@miamibeachfl:qov ; oi f imile: 786-394-4188. The RFP title/number shall be referenced on all corresponderce. All questions'orrequest5 r,,,;oJdrification must be received no laterthan ten (10) calendardays prior to the d-ate Proposals are due as schedill d in Solicitation Timeline. All responses to questions/clarificatlons will be sent to alf prospective Proposers ln the form of an addendum. Procurement Contact: YusbelGonzalez Telephone: 305.673.7490 Email: YusbelGonzalez@miamibeachfl,gov 11. Pre-ProposalConference: A Pre-ProposalConference is scheduled for2:00 p.m. on August 8,2014 in the City Manaoer's Conference Room located at 1700 Convention Center Drive on the 4tn floor. Attendance (in person or via telephone) to this meeting is not mandatory but strongly encourage. Proposers interested in participating in the meeting via telephone must follow these steps:(1) Dialthe TELEPHONE NUMBER: 888-270-9936 (Toll-free North America)(2) Enter the MEETING NUMBER: 1142644# (note that the number is followed by the pound (#) key). Additionally, interested parties are encouraged to visit the site prior to attending the Pre-Proposal Conference. * | nre 2oi4-2eo-Yc 206 MIAMIBEACH 12. PRE-PROPOSAL INTERPRETATIONS: Oral information or responses to questions received by prospective Proposers are not binding on the City and will be without legal effect, including any information received at pre- submittal meeting or site visit(s). Only questions answered by written addenda will be binding and may supersede terms noted in this solicitation. Addendum will be released through PublicPurchase. Any prospective Proposer who has received this RFP by any means other than through PuhlicPurchase must register immediately with PuhlicPurchase to assure it receives any addendum issued to this RFP. Failure to receive an addendum may result in disqualification of Proposal submitted. 13. CONE OF SILENCE. Pursuant to Section 2-486 of the City Code, all procurement licitations once advertised and until an award recommendation has been fonryarded to the City Commission by the City Manager are under the "Cone of Silence." The Cone of Silence ordinance is available at http://library.municode.com/index.aspx?clientlD=13097&statelD=9&statename:Florida. Any communication or inquiry in reference to this solicitation with any City employee or City official is strictly pi,ohibited with the of exception communications with the Procurement Director, or his/her administrative staff responsible for administering the procurement process for this solicitation providing said communicatlUH is timited to matters of process or procedure regarding the solicitation. Communications regarding this solicitation are to be submitred in writing to the Procurement Contact named herein with a copy to the City Clerk at rafaelgr&q-,ado@miamibeachfl.gov. l::::1 14. SPECIAL NOTICES. You are hereby advised that ' solicitation is subject to the following ordinances/resolutions, which may be found on the : City Of Miami Beach website: http://web.miamibeachfl.qov/procuremenUscroll.aspx?id=23S10 , . =,:,,. . '::::.lt,:i,i::,.. CONE OF S|LENCE.... . . ,#rr,,.;,,*... . CITY CODE$€1ON24S6. PROTEST PROCEDURES :..........;,.... CITY CODE SEeT]gX 2-371. DEBARMENT PROCEEDINGS . =r ........,,. CITYCODE SECTIONS 2-397 THROUGH 2485.3. LOBBY|STREG|STMT|ONANDDlSCLOSUREOFFEES.iiri......,il,... CIIY,.CODESECTIONS24SlTHROUGH2-406 o CAMPAIGN CONTRIBUTIONS BY=.VENQ,QRS.....................,:...:..i... . CITYCODE SECTION 2487 O CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT tssuES... ..................=.,,...". .''!t{!,ifu. REQU I REMENT FOB CITY CONTMCTOR"$JO PROVI DE EQUAL CITY CODE SECTION 2488 CITY CODE SECTIONS 2407 THROUGH24lO CITY CODE SECTION 2-372 BENEFITS FOR DOMESTICPARTNERS..= .........= CITY CODE SECTION 2.373 mHu LIVING WAGE REQUIREMENT., .fl:.:.:.1"..... .......................,.r.....,. LOCAL PREF.RENCT TON MIAMI BECCITBASED VENDORS. ....... PREFE NCE FOR FLORID.A SMALL BU$1ifliI.fiSSES OWNED AND CONTROLLED BY VETEMNS AND TO STATE4ERTiFIED SERVICE- o FALSECI-AIMS ORDINANCE.. . .i.1.,"... . ....,1iir'. o ACCEPTANCE OF GIFTS, FAVORS &SERVICES. Note: Ordinances may be amended ani,.time prior to the receipt of bids. The most recently approved ordinance or version shall apply.':.i Remainder of Page lntentionally Left Blank DISABLED VETEMN BUSINESS ENTERPRISESIIIi,. CITY CODE SECTION 2-374 CITY CODE SECTION 7O.3OO CITY CODE SECTION 2449 e I nrn 2o14-2eo-Yc 207 MIAMIBEACH OO2OO. DEFINITIONS: Omitted. OO3()(). INSTRUCTIONS TO PROPOSERS: 1. Due Dilioence and Site lnspections: lt is the responsibility of each Proposer before submitting a proposal, to: 1.1 Visit the site or structure to become familiar with conditions that may affect costs, progress, performance or furnishing of the Work, 1.2 Take into account federal, state and local (City and Miami-Dade Co-qq-rty) laws, regulations, permits, and ordinances that may affect costs, progress, performance, fq11l$i5hin'$. the Work, or award, 1.3 Study and carefully correlate Propose/s obseruations with the*[FP, and ",::::::::.+ The submission of a proposal shall constitute an incontrovertiblqppresenffin by Proposer that Proposer has complied with the above requirements and understands all terqps and Cdnditions for performance and furnishing of the Work. i ,.,-. 2. Pre-Proposal lnterpretations: Only questions answered by written Addenda wittie binding and may supersede terms noted in this RFP. Oral and other Interpretations or clarifications will be without legal effect. All questions about the meaning or intent oi tn. Rfp are to be dirdCieO to the City's Procurement Director or designated representative in writing. lnterpretations or clarifications considered necessary by the City in response to such questions will be issued by the City by means of Addenda mailed or delivered to all parties recorded by the City's Procurement Director as having received the Bidding Documents. Written questions should be ieceited no less than ten (10) calendar days prior to the date of the opening of Proposals. Theie shail be no obligation on the part of City or the City's Procurement Director to respond to queStions reUbiGd'Iess than ten (10) calendar days prior to original proposal opening date stipulated in th[$ solicitation. 3. Joint Ventures: Joilt Ventures aie not allowed. The City will contract with a Prime Contractor only. Each proposat snatt be subrnitted by the Prime Contractoronly. However, proposals may include sub-contractors or sub-consultants to the Prime Contractor. .;1 4. 5. : All pr,oroosals must be made upon the blank Proposal Tender Form included price iE'skict accordance with the instructions thereon. The proposal must be S,i d and acknowle€ .by the Prqp_gser in accordance with the directions on the proposal form. ; The City reserves the right to reject any or all proposals prior to award. 'R.g.g,p-pnable eforti*ii\,vitt be made to either award the Contract or reject all proposals within one- hundred ME-ifu/120) calendar days after proposal opening date. A Proposer may not withdraw its proposal unilaterally nOnie..$a.Ag"g#5 Contract Price before the expiration of ninety (90) calendar days from the date of proposal openin$)ll Proposer may withdraw its proposal afterthe expiration of one hundred twenty (120) calendar days fffi the date of proposal opening by delivering written notice of withdrawal to the Department of Procurement Management prior to award of the Contract by the City Commission. Determination Of Award: The final ranking results of Step 1 & 2 outlined in Evaluation of Proposals Section will be considered by the City Manager who may recommend to the City Commission the Proposer s/he deems to be in the best interest of the City or may recommend rejection of all Proposals. The City Manage/s recommendation need not be consistent with the scoring results identified herein and takes into consideratlon Miami Beach City Code Sectlon 2-369, including the following considerations: (1) The ability, capacity and skill of the Proposer to perform the contract. 6. Pri heEin and must ''hl$E*e r I RFP 2O\4-290-YG 208 MIAMIBEACH (2) Whether the Proposer can perform the contract within the time specified, without delay or interference. (3) The character, integrity, reputation, judgment, experience and efficiency of the Proposer. (4) The quality of performance of previous contracts. (5) The previous and existing compliance by the Proposer with laws and ordinances relating to the contract. The City Commission shall consider the City Manager's recommendation and may approve such recommendation. The City Commission may also, at its option, reject the Cily Manager's recommendation and select another Proposal or Proposals which it deems to be in the best interest of the City, or it may also reject all Proposals. Upon approval of selection by the City Commission, negotiations between the City and the selected propose(s)willcommence. ,.ii'su_, 7 . Evaluation: An interim performance evaluation of the successfut poser ffiE$esuUmitted by the Contract Administrator during construction of the Project. A final performance evaluationd.he}l e submitted when the Request for Final Payment to the construction contractor is forwarded for approva[ Ineither situation, the completed evaluation(s) shall be fonryarded to the CiS's Procurement Director who shali provide a copy to the successful Proposer. Said evaluation(s) may be used by the City as a factoi in Considering the responsibility of the successful Proposer for future propbsaJg.w.ithlhe City,.rser for future propos#,I#thJhE:Gity. .n is to include tne turnisnt')$\i1;-!:t=ll necessary design, labor, materials,8.Contract Price: The Contract Price i equrpment rncluding tools, services, permit fees, applicable taxJS); .ad and profit for the completion of the Work except as may be otherwise expressly provided in the Contract Documents. The cost of any item(s) of Work not covered by a specific Contracf-rinit,price or lump sum price shall be included in the Contract unit price or lump sum price to whichlhe itenr($ [e m.0,,..f,!, g licable. 9. Postponement of Date fdr Pr.g..$SJtino and Opehi iroposals: in. Ci,y reserves the right to postpone the date for receipt and opening of proposals and will rnake a reasonable effort to give at least five (5) calendar days written notice of any such postponement to each prospective Proposer. 10. Qualifications of Propd@flg*$ffi+J;;shall be considered only from Proposers which submit their proposal by the proposal's due datEu'=,F$to5Eltl,{ififrft,,meeJ the "Minimum Requirements"; and Proposers that submit all required doCumentation as requested under this solicitation. ln determining a Proposeis respori5i;F#ty and ability to perform the Contract, City has the right to investigate and request information'concerning,xTihe financial condition, experience record, personnel, equipment, facilities, principal business location and organization of the Proposer, the Propose/s record with environmental regulations; and the claims/litigation history of the Proposer. The City reserves the right to consider third-party information (e.9., Dun & Bradstreet's Supplier Reports or similar) in determination of capacity. 11. Addenda and Modifications: The City shall make reasonable efforts to issue addenda within seven (7) calendar days prior to proposal opening. All addenda and other modifications made prior to the time and date of proposal opening shall be issued as separate documents identified as changes to the Project Manual. 12. Occupational Health and Safety: ln compliance with Chapter 442, Flonda Statutes, any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of this proposal must be accompanied by a Material Safety Data Sheet (MSDS)which may be obtained from the manufacturer. The MSDS must include the following information: e I nre 2014-2eo-YG 209 13. MIAMIBEACH 12.1 The chemical name and the common name of the toxic substance. 12.2 The hazards or other risks in the use of the toxic substance, including: 12.2,1 The potential for fire, explosion, conosion, and reaction; 12.2.2 The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance; and 12.2.3 The primary routes of entry and symptoms of overexposure. 12.3 The proper precautions, handling practices, necessary parr6iat protective equipment, and other safety precautions in the use of or exposure to the toxic substances, including appropriate emergency treatment in case of overexposure. *dfu,",s" 12.4Theemergencyprocedureforspills,fire,disPos6l;.€ndfinstaid. 12.5 A description in lay terms of the known rpdl iil' tia nJ[nrr risks posed oriE'oii. substance intended to alert any person reading this informatioi.l=.j 12.6 The year and month, if available, that the informatioiE mpiled and the name, address, and emergency telephone number of the'manufacturer responsib1-:.&r paring the information. Environmental Reoulations: The City reserves tnd:rigfit h consider a irofosefs history of citations and/or violations of environmental regulations in investigating? Proposer's ponsibility, and further reserves the right to declare a Propo;qr no1 responsible if the history of violations warrant such determination in the opinion of the City$ropoSei shall submit with its Proposal, a complete history of all citations and/or violations, notice d dispositions thereof. The non-submission of any such documentation shall be deemed to be an a#lfiation by ,tfte Proposer that there are no citations or violations. Proposer shall notify the City immediatef* nofrce.oi iny c'itation or violation which Proposer may receive aiter the Proposal opening date a.nd during ttid[ifne'Uf ffilftffia-B$e ofany contract awarded to it. "Oi Equal" Clause:,Wlhenever a material, article or piece of equipment is identified in the RFP including plans and specification'S by referenCe to manufacturers' or vendors' names, trade names, catalog numbers, or oihenivise, City, through Consultant, will have made its best efforts to name at least three (3) such refeiences. Any such reference is irrtended merely to establish a standard; and, unless it is followed by the words "no substitution is ,permitted" because of form, fit, function and quality, any material, article, or equipment 0f other manufaciurers and vendorc which will perform or serve the requirements of the general design will be considered equally acceptable provided the materials, article or equipment so proposed is, in the sole opinion of Con5ultant, equal in substance, quality and function. ANY REQUESTS FOR SUBSTITUTION MUST BE MADE TO THE CITY'S PROCUREMENT DIRECTOR. Protested Solicitation Award: Proposers that are not selected may protest any recommendation for Contract award in accordance with City of Miami Beach Code Section 2-371, which establishes procedures for resulting protested proposals and proposed awards. Protest not timely pursuant to the requirements of the City Code shall be barred. 14. 15. r I nre 2oi4-2eo-YG 210 '16. MIAMIBEACH Financial Stabilitv and Strenoth: The Proposer must be able to demonstrate a good record of performance and have sufficient financial resources to ensure that they can satisfactorily provide the goods and/or services required herein. ln addition to other financial documents required to be submitted, the City may require, after receipt of proposals, that Proposers shall submit financial statements for each of their last two complete fiscal years within ten (10) calendar days, upon written request. Such statements should include, at a minimum, balance sheets (statements of financial position) and statements of profit and loss (statement of net income). When the proposal submittal is from a joint venture, each Proposer involved in the joint venture must submit financial statements as indicated above' .,.,,,, , u,._,. The City reserves the right to consider third-party information (e g., D=u Bradstieet's Supplier Reports or similar) in determination of capacity. insolvency, may be declared non-responsive. 'U *., .- ir Miami Beach-Based Vendors: Pursuant to City of Miami Beach Code Section 2-372, a preference will be given to a responsive and responsible Miami Beach-based vendor, who is within five percent (5%) of the lowest responsive, responsible Proposilr, an opportunity of providing said goods or contractual services for the lowest responsive proposal amount. Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or more Miami Beach-based vendors constitute the lowest proposal for a competitively proposal purchase, and such proposals are responSf$ffi*othenrise'r'Equal with respect to quality and service, then the award shall be made to the [4iami ,rcadh:tsh ndor having the greatest number of its employees that are Miami Beach residents. Whe-n6irer, two or'iii6ioe Miami Beach-based vendors have the same number of itsemployees that are Miami Beach residents, then the award shall be made to the Miami Beach- based veffir who is cefiified by Miami-D& County as a Minority or Women Business Enterprise. VeteranBusinessEn[mtises: FGuant!oCityof l$iami BeachCodeSection 2-3T4,lheCityshall givea preferg.,n=qq...ufq responsive and responsible Proposer which is a small business concern owned and contr:dllb'il=5f:'**teran(s) or which is a service-disabled veteran business enterprise, and which is within fivd'percent (5%) of't- ;|owest iesponsive, responsible Proposer, by providing such Proposer an opportunity .@flproviding said good$-or contractual services for the lowest responsive Proposal amount. Whenever, as a' re$ o1 the foregoing Tlb.ference, thd adjusted prices of two (2) or more Proposers which are a small busifiES$;lponcem ownedttid contiolled by a veteran(s) ora service-disabled veteran business enterprise constit0t4,l,F€ lowest propd5al pursuant to an RFP or oral or written request for quotation, and such proposals"@-, ponsive,,:iesponsible and othenivise equal with respect to quality and service, then the award shall b6.ffide tg.t|td service-disabled veteran business enterprise. Equal Benefits Qdde Provision: Proposers are advised that this Proposal and any contract awarded pursuant to this procurement process shall be subject to the applicable provisions of City Code Section 2- 373, entitled "Requirement for City Contractors to Provide Equal Benefits for Domestic Partners (the "Code Provision")." The Code Provision applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. 17. 18. 19. I0 | RFP 2Ot4-2eO-YG 211 20 MIAMIBEACH Pedormance and Payment Bond: The successful bidder shall duly execute and deliver to the City a Pedormance and Payment Bond in the full amount of the project. The Performance and Payment Bond Form supplied by the City shall be the only acceptable form for these bonds. No other form will be accepted. The completed form shall be delivered to the City within 15 calendardays afterformal notice of award. lf the vendor fails to deliver the payment and performance bond within this specified time, including granted extensions, the City shall declare the vendor in default of the contractual terms and conditions, and the vendor shall surrender its offer guaranty/bid bond, and the City shall not accept any offer from that vendor for a twelve (12) month period following such default. The following specifications shall apply to any bond provided: A. All bonds shall be written through surety insurers authorized to do business in the State of Florida as surety, with the following qualifications as to management and financial strength according to the latest edition of Best's lnsurance Guide, published,-by A.M. Best Company, Oldwick, New Jersey. Bond Amount , ri Best Ratino 500,001 to 1,500,0009':tt::'1'1 B V 1,500,00'l to 2,500;000 A Vl 2,500,001 to 5,000,000 A Vll Over 10,000,000 AIX _...,:_.),:,.j,: B. On contract amounts of $500,000 or less, the bodd=Ffuvisions of Section 287.0935, Florida Statutes (1985) shall be in effect and surety companies not othe-r.wise qualifying with this paragraph may optionally qualify by: i1. Providing evidence that the surety'has twice the minimum surplus and capital required by the Florida lnsuiance Code at the time the solicitation is issued;2. Certifui .'thatlhe surety is othena/se in complianCe with the Florida lnsurance Code;and *.i; 3. . Eviding a iopy of the cunentiy valid Certificate of Authority issued by the United States Department of the Treasury under SS. 31 USC 9304-9308. Surety insurdrc,stall.,ffi,islgl the latesl Circular 570 of the U.S. Department of the Treasury entitled "Surety Gbtfi$hnieS Aeep,table on Federal Bonds", published annually. The bond amount shall not exceed the undqwriting limitations as shown in this circular. f,.,,,- For conhact* r*..rr'$l8i0,900 the provisions of Section B will be adhered to plus the company:: must have bee'n lisled for a'F,,, st three consecutive years, or holding a valid Certificate of Authorig',, ,qjrt least t S miltidi dollariand on the Treasury Lisi. D. Surety Bonds guaranteed through U.S. Government Small Business Administration or Contractors Traihi4guand Development lnc. will also be acceptable. E. ln lieu of:a bond, an irrevocable letter of credit or a cash bond in the form of a certified cashie/s check made out to the Board of City Commissioners will be acceptable. All interest will accrue to Miami-Dade City during the life of this contract and/or as long as the funds are being held by Miami-Dade City. F. The attorney-in-fact or other officer who signs a contract bond for a surety company must file with such bond a certified copy of power of attorney authorizing the officer to do so. The contract bond must be counter signed by the surety's resident Florida agent. rr I RFP 2O14-2eO-YG 212 MIAMIBEACH OO3O5. EVALUATION METHODOLOGY 1 . Two Step Evaluation. The evaluation of responsive proposals will proceed in a two-step process" The first step will consist of the qualitative criteria listed below to be considered by the Evaluation Committee. The second step will consist of quantitative criteria established below to be added to the first step scores by the Procurement Management Depaftment. 2. Evaluation Comittee: An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Proposal in accordance with the qualifications criteria established below. ln doing so, the Evaluation Committee may: a. Review proposals received and short-list one or more proposers t0 be 0onsidered during Step 2 of the evaluation; or j,,. b. Review proposals received and interview or receive preseffiions from one or more proposers in order to develop a short-list of one or more proposers to be considered during Step 2 of the evaluation. 3. Step 1 Evaluation (Qualitative Criteria): Step 2 Evaluation (Quqrltitidlve Criteria): Following the results of Step 1 Evaluation of Qualitative criteria, the proposes may ffiOive additional points to be added by the Department of Procurement Management to ffi 6p points eamed in Step '1. Proposer must submit qualifying evidence with their proposals in order t64;oeive points in the category. . Points Awarded for Miami Beach-Based Vendors and Veteran's Preference shall be in accordance to Ci$ Code. Miami Beach-Based Vendor VeteranS?nd State-Cefiified Service-Disabled Veteran t2 I RFP 2014-290-YG 213 MIAMIBEACH 5. Price: Points awarded to the proposer for cost proposals shall be developed in accordance with the formula: Samole Obiective Formula for Cost and Supplier Risk Score Vendor Vendor Cost Proposal Example Maximum Allowable Points Formula for Calculating Points (lowest cost / cost of proposal being waluated X maximum allowable points = awarded points) Total Points Awarded Vendor A $100.00 20 $100 / $100 X*0,= 20 20 Vendor B $150.00 20 $100/$150x20s{3 13 Vendor C $200.00 20 $100/$200X20=10 10 6. Determination of Final Ranking, At the conclusion of the Evaluation Committee,u$f,,,,,,p 1 scoring, Step 2 Points will be added to each evaluation committee member's scores by the Department of Pro0{Ement Management. Step 1 and 2 scores will be converted to rankings in accordance with the example below: '-":.'=,, Committee Membei-j Step 1 Points 82 76 80 Step 2 Points ,litrr.\:t-\\. 10 7 5 Total '"-,"r. 912 84 85 Rank 1 3 2 Step 1 Points =s=90 85 72 Step 2 Points 10 7 5 Total +.,00 92 79 ..Renk.1 2 3 Cofimittee Membei2 $lep 1 P6ints 80 74 66 I L$ , steP='z f$. ilt,lr Points 10 7 5 Total 90 81 72 Rank 1 1 :r::i:=:3 * Final'Ra*ing is presented to the City Manager for fu(her due diligence and recommeldation to the City Commission. Final Rankinq does not constitute an award recommendation until such time as the City Manager has made his recommendation to the City Commission, which may be different than final ranking results. By submitting a proposal, all Proposers shall be deemed to understand and agree that no property interest or legal right of any kind shall be created at any point during the aforesaid evaluation / selection process until and unless a contract has been agreed to and signed by both parties. rs I nre 2014-2eo-YG 214 MIAMIBEACH 00315. PROPOSAL SUBMISSION REQUIREMENTS 1. FORMAT FOR SUBMITTAL. Proposal packages must contain allthe information requested in the following documents, each fully completed, and signed as required. Proposal packages which do not include all required documentation, or are not submitted in the required format, or do not have the appropriate signatures on each document, may be deemed non-responsive. The City reserves the right to request any documentation omitted, with exception of the Proposal Price form. Proposer must submit the documentation within three (3) calendar days upon request from the City, or the proposal may be deemed non-responsive. Non-responsive proposal packages will receive no further consideration. Proposers may not dictate the circumstances under which the documents ,o O..r.O to be confidential. Only the State Legislature may determine which public records are su to disclosure and which are not. Moreover, a private party cannot render public records exempt from disclosure merely by designating as confidential the material it furnishes to the City. The desire of the private party to maintain privacy of certain materials filed with the City is of no consequence unless-sugh materials fall within a legislative created exemption to Chapter 1 19, Florida Statutes. tii i. 2. CONTENTS AND FORMAT OF PROPOSAL. To facilitatG+view of proposals, Proposers are requested to submit proposals in the format stipulated in this section, inckidifg clearly identifying each proposal section (tab).,-\ 2.1 (TAB 1) - IDENTIFICATION PAGE AND TABLE 0F CONTENTS;'F.mposer shall provide an ldentification Page including the following information : 2.1.1 Cover Letter. 2.1.1.1 NameofProposer(PrimeContractor). *ifir 2.1.1.2 Address of submitting Proposer. (Note: if co ventureiiispecify) 2.1.1.3 E-mail address for the appropriate Contact person at the submitting company. 2.1.1.4 Piofie'n$mber and facsimile number of subqitting Proposer. 2.1.1.5., Federal Tax tdentification Number for submifting Proposer. 2.l.l,u$.ffiDeclarationr,regarding company organization, whether as Corporation, Partnership, or.\btner. 2.1.1.7 Si$$$Up,Sl'ir officer or other individual of the submitting Proposer who has the i authorigt0 bind said:F.!.epmpi: 2.1.1.8 Printed name of the auin6iizeO signing officer or other individual. 2.1.1.9 Title of the auiFrogeOsigning offiier. - = 2.L1.10 Dateof signature. irir' 2.1.2 Table of Contents. 2.1.3 ApOendix A, Proposal Quebtionnaire, Certifications & Requirements Affidavit. 2.2 (TAB 2) - COMF,.,LIANCE WITH MINIMUM REQUIREMENTS: Proposer shall submit verifiable documentation that demonstratedProposer !S in full compliance with the Minimum Requlrements noted on page 6 of the Public Notice Section. For those minimum licensure requirements, proposer shall submit copies of the applicable license. For those experience qualifications, proposer shall submit specific projects and project contact information. 2.3 (TAB 3) - QUALIFICATIONS OF PROPOSING FIRM: Submit detailed information regarding the firm's history and relevant experience and proven track record of providing the scope of services similar as identified in this solicitation, including experience in providing similar scope of services to public sector agencies.2.3.1 Each Proposer shall furnish a list of all projects demonstrating experience with the requirements of this RFP. ln order to properly evaluate the proposals, the City requests that each Proposer submit proyect references for previous projects completed within the last five (5) years that include the following information and components: t4 I RFP 2Ot4-2eO-YG 215 MIAMIBEACH 2.3.1.1 Project name 2.3.1.2 Prqect location 2.3.1.3 Brief description of work performed 2.3.1.4 Names, addresses, telephone number, fax number, and contact name for the following: 2.3.1.5 OwnerorAgency 2.3.2 Bonding Capacity. Proposers shall provide proof of bonding capacity (Performance and 2.4 2.5 2.6 Payment Bond) suitable for the scope of work from a Surety firm rated by AM Best as to be no less than A- (Excellent) and within a Financial Size Category of no less than the full value of the project. (TAB 4)- PROPOSED DESIGN & MATERIALS: Submit detailed conceptualdiawings indicating the proposed design for the pgect. lnclude, at a minimum, canopy design and construction (including retractable or removal system), materials list, weatherability of materials, ease of use, and ppyen desi$n performance. (TAB 5) - PROJECT SCHEDULE: Submit a detailed pro;ect schedule which indiCates timeline for all pertinent project activities, up to and including completion, from date of e nroceed. t", (TAB 6)- SERVICE OFFERING: Submit detailed ,.r1 ro the following service related factors261 Hilj::l{.l|i:ilxn,i*."ed warrantvr@filflfi,.ino;7ffnqno ress than nve (5) vears fufl 2.6.2 Maintenance" lnclude proposed maintenance pro$raffi p. assure that functional and aesthetic life of structure is maximized 2.6.3 Removal and Storage. For removal canopy structures (ratheir than retractable), submit details on how proposer intends to remove, Store'and re jnstall canonV:$ (TAB s) coST PROPOSAL: Submit completed .8st p.poiii rod Wni.r, *iliinoi..t. Proposers firm, fixed price for the Project. (TAB 9) Requiredfgi$;. nnneridx F: Submit all forms included in Appendix F, Required Forms. q-r i . ,$={ffinattYLe*Bank 2.7 2.8 .' ts I nre 2014-2eo-YG 216 APPENDIX A &.:Mr&Adtffiff&ilil F= Pro poso I CertifiColiil, auestionnoire & { Req uirements Affid ovit DESIGN;.. MAN U FACTU RE AN D INSTALL R,F c ABuli'EinAcTABLE cANopy === T NGETH'BEACH BAND SHELL. ffi_,1 ^r-rEpgr*,RFP 201 4-290-YG PROCUREMENT DIVISION lTOO Convention Center Drive Miomi Beoch, Florido 33139 re I nre 2oi4-2eo-Yc 217 Solicitation No: 2014-290-YG Solicitation Title: DESIGN, MANUFACTURE AND INSTALL REMOVABLE/RETRACTABLE CANOPY AT NORTH BEACH BAND SHELL Procurement Contact: YUSBEL GONZALEZ 305-673-7490 Tel Email: YusbelGonzalez@m iami beachfl .qov PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of certain solicitation and contractual requirements, and to collect necessary information from Proposers in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirementq.,may be evaluated. This Proposal Certification, Questionnaire and Requirements Atfidavit Form is a REQUIRED FORM tha-t.muStbe submitted fully completed and executed. .-:.i ,,-1. General Proooser lnformation.General Proposer lnformation. FIRM NAME: No of Years in Business:No of Years in Business Locally: OTHER NAME(S) PROPOSER FIRM PRIMARY ADDRESS (HEADAUARTERS): l' CITY:Wt: STATE:zlPCoDE: "Uffi!. TELEPHONE NO,: IOLL FREE NO.: FM NO.: FIRM LOCAL ADDRESS: ;' rp CITY: ZIP CODE: PRTMARY ACCOUNT=REPEESENTATIVE FqE rS ENGAGEMENT= ACCOUNI REP TELEPHONE NO.:l ACCOUNI REP TOLL FREE NO,: ACCOUNT REP,E!!1l.AIL: FEDERAL TAX IDENIIFJCATION NO.: The City reserves the right to seek additional information from Proposer or other source(s), including but not limited to: any firm or principal information, applicable licensure, resumes of relevant individuals, client information, financial information, or any information the City deems necessary to evaluate the capacity of the Proposer to perform in accordance with contract requirements. 17 | RFP 2014-2eO-YG 218 1.Miami Beach Based (Local)Vendor. ls Proposer claiming Miami Beach based firm status? [---] vrs [-l t'to SUBMITTAL REQUIREMENT: Proposers claiming Miami Beach vendor status shall submit a Business Tax Receipt issued by the City of Miami Beach and the proof of residency requirement, as required pursuant to ordinance 2011- 3747 ,lo demonstrate that the Proposer is a Miami Beach Based Vendor. Veteran Owned Business. ls Proooser claimino a veteran owned business status? [-__-] vls [--l r.ro SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal government, as required pursuant to ordinance 2011-3748. Conflict Of tnterest. All Proposers must disclose, in their Proposat, tfr. nrrn.i.l of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) W,.-b,..g is also an employeerf the City of Miami Beach. Further, all Proposers must disclose the name of any City emp.lqif66 who owns, either direetly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any o.{J affiliates, :: .,;;i:.. \s SUBMITTAL REQUIREMENT: Proposers must disclose thtrimarne(s).CIShny officer, directol agent, or immediate family member (spouse, parent, sibling, and child) who is also=.EEmbloyee of the City of Miami Beach. Proposers must also disclose the name of any City employee who owns, dit$gn$irectly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates "qJ, References & Past Performance. Proposer shalt submit at least three (3)"feferences for whom the Proposer has completed work similar in size and nature as the work referenced in solicitation.' ::' ::':"' :':' : SUBMITTAL REQUIREMENT: For.each reference Submitted, the folfuing information is required: 1) Firm Name, 2) Contact lndividual Name & Title, 3) Address, 4) Telephone, 5) Contact's Email and 6) Narrative on Scope of Services Suspension, Debarment oi Contract Cancellation. Has Proposer ever been debarred, suspended or other legalvioration,slt,3 .rlEtg,,,,:: " ffjt8.ance bv anv pubric sector agencv? SUSMiItnL REQUIREME ==If answEi'to above is .YES,' Proposer shall submit a statement detailing the reasons that led to action(s). 2. 3. 4. 5. r.f6. Vendor Cadi$aign Contributifls. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codi{ied in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for enSUf!.:Sg=tha1"5ll applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to ary and all sanctions, as prescribed therein, including disqualification of their Proposals, in the event of such non-compliance. SUBMITTAL REQUIREMENT: Submit the names of all indlviduals or entities (including your sub-consultants) with a controlling financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. 7. Code of Business Ethics. Pursuant to City Resolution N0.2000-23879, each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Management Department with its response or within five (5) days upon receipt of request. The Code shall, at a tc I nre 2o14-2eo-YG 219 8. minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County" SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. ln lieu of submitting Code of Business Ethics, Proposer may submit a statement indicating that it will adopt, as required in the ordinance, the City of Miami Beach Code of Ethics, available at www.miamibeachfl.gov/procuremenU. Living Wage. Pursuant to Section 2-408 of the Miami Beach City Code, as same may be amended from time to time, Proposers shall be required to pay all employees who provide services pursuant to this Agreement, the hourly living wage rates listed below:. Commencing with City fiscal year 2012-13 (October 1,2012), the hourly living rate will be $1 1.28lhr with health benefits, and $12.92/hr without benefits. 9. The living wage rate and health care benefits rate may, by Resolution of the City Commission be indexed annually for inflation using the Consumer Price lndex for all Urban Consumers (CPJ,IE])' {iatni/Ft. Lauderdale, issued by the U.S. Department of Labo/s Bureau of Labor Statistics. Notwithstanding th$rprecedlng, no annual index shall exceed three percent (3%). The City may also, by resolution, elect not to index the living wage,,r1{e in any particular year, if it determines it would not be fiscally sound to implement same (in a particulal year). *-atiii* Proposers' failure to comply with this provision shall be Oeerneg a material breach under thii'iropg-sa|, under which the City may, at its sole option, immediately deem said Proposer as non-responsive, and may furthei subject Proposer to additional penalties and fines, as provided in the City's Living Wage Ordinance, as amended. Further information on the Living Wage requirement is available at www.miamibeachfl.goV/procuremenV j*:Sr SUBMTTTAL REQUIREMENT: No additionat:$bmittal is required. By virlue of executing this affidavit document, Proposer agrees to the living wage requirement:'* t * Equal Benefits for Employees with Spouse'57,,nnffi ploy,dggwith Domestic Partners. When awarding competitively solicited contracts valued at over $100[CIW)'i;i/hose coiltdctors maintain 5'l or more full time employees on their payrolls during 20 or more calendar work weeks, the Equat Benefits for Domestic Paftners Ordinance 2005- 3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competltive proposals, to prwide "Equal Benefits" to th-?tr mployees with domestic paftners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida;'andlhe Contractois employees located in the United States, but outside of the City of Miami Beach fimft-;'vi=.tr=0.-qe directly performing work on the contract within the City of Miami Beach. A. Does your compafif+rqvide oF= r access to any benefits to employees with spouses or to spouses of ,*si@loYees? tit:tlt ! YW7 [-_l i,it [f no Does yoilr.company proviiCelor offer access to any benefits to employees with (same or opposite sex) domestic partnerstrQ'i,,:,Lq estic pafurs of employees? [--l frf O Please cneck 5@neflts that apply to your answers above and list in the "othe/' section any additional benefits not already specified.'Not€:"some benefits are provided to employees because they have a spouse ordomestic paftner, such as bereavemeht leave; other benefits are provided directly to the spouse or domestic partner, such as medical insurance. BENEFIT Firm Provides for Employees with Soouses Firm Provides for Employees with Domestic Partners Firm does not Provide Benefit Health Sick Leave Family Medical Leave Bereavement rr I nre 2014-2eo-YG 220 10. Leave lf Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.9., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached) with all necessary documentation. Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at www. m iamibeachfl . gov/procuremenU. Public Entity Crimes. Section 287 .133(2)(a), Florida Statutes, as currently enacted or as amended from time to time, states that 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 proposal, Proposal, or reply on a contract to piovide any goods or services to a public entity; may not submit a proposal, Proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals, Proposals, or replies on leases of real property to a public entity; may not be awarded or pedorm work as a contractor, suppfier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any.publii entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 mo[ths following the date of bein$placed on the convicted vendor list. SUBMITTAL REQUIREMENT: No additional submittal is reQUife.d.$ virtue of executing this affidavit document, Proposer agrees with the requirements of Section 287.133, Florid' utes, and ceftifies it has not been placed on convicted vendor list. awardedT---l11.Have you ever failed to complete any work l--_-l vrs va. jl iouZ lf so, where ari'Sh*f SUBMITTAL REQUIREMENI; lfuy s, submit information on projedt, agency, agency contact and reason why contractor faired to .1MXlo*% Has a surety company eil$fliillerven -=to- assist a govemfiental agency or other client of the proposer in completing work that the proposer failed to complete? r:, f_l vis [-.l r,ro l:" d:]r SUBMITTAL REQUIREMEttt: ttyes, sunniiit*ner names, addresses and telephone numbers, and surety and project names, for all projects for whiCh&u haveiperformed work, where your surety has intervened to assist in completion of the project, whether,or not a clairm.was made. Bankruptcy. Has.the pose-r filed any bankruptcy petitions (voluntary or involuntary) which have been filed by or against the Proposer; arent or subsidiaries or predecessor organizations during the past five (5) years. Include in the description the dispGition of each such petition.'[-_l vrs I--l No SUBMITTAL REQUIREMENT: lf yes, list and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or against the Proposer, its parent or subsidiaries or predecessor organizations during the past five (5) years. lnclude in the description the disposition of each such petition. Litigation History. Has Proposer or any principal or employee of the Proposer (relating to professional endeavors only) been the subject of any claims, arbitrations, administrative hearings and lawsuits brought by or against the Proposer or its predecessor organization(s) during the last five (5) years.l--l vrs [-_-l uo 12. 13. 14. zo I nre 2ot4-2eo-Yc 221 15. 16. SUBMITTAL REQUIREMENT: lf yes, list all case names; case, arbitration or hearing identification numbers; the name of the project over which the dispute arose; a description of the subject matter of the dispute; and the final outcome of the claim. Has the Corporation, Officers of the Corporation, Principal Stockholderc, Principals of the Partnership or Owner of Sole Proprietorship ever been indicted, debarred, disqualified or suspended from performing work for the Federal Government or any State or Local Govemment or subdivision or agency thereof? [-_l vrs [-_l r'to SUBMITTAL REQUIREMENT: lf yes, list the specific cases and the charging agency. Principals. Provide the names of all individuals or entities (including your sub-consultants) with a controlling financial interest. The term "controlling financial interest" shall mean the ownership, directly oiindirectly, of 100h or more of the outstanding capital stock in any corporation or a direct or indirect interest of=,.,L,,! or more in a firm. The term "firm" shall mean any corporation, paftnership, business trust or any legal entity other,thah,a natural person. lf addi$'&nal iddendum 17. Acknowledgement of Addendum. After issuance of solicitation$e City may release one or more addendum to the solicitation which may provide additional information to Propos-e, ir alter solicitation requirements. The City will strive to reach every Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com. However, Proposers are solely responsible for assuring.=tfi=e_y$ve received any and all addendum issued pursuant to solicitation. This Acknowledgement of Addendum se-tioh:r-lrtlfies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure to obtein.rnd aCknowliedge receipt of all addendum may result lnitial to Confirm Receiot lnitidtto Confir-g,4 Receidtl lfiifi1,alt9,, 0{i[}.tfff] Receiot Addendum 1 AddenduldW Addendum 11 Addendum2 Addendum 7"Addendum 12 Addendum 3 Adderiilum 8 Addendum '13 ,,Addendum 4,.,,Addendum 9 Addendum 14 A{fi#6i$rm s ;Addendum 10 Addendum 15 confirmation IS red. submit under cover.required, submit under separate c of Page lntentionally Left Blank. 2l I RFP 2014-2eO-YG 222 The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the "City") for the recipient's convenience. Any action taken by the City in response to Proposals made pursuant to this solicitation, or in making any award, or in failing or refusing to make any award pursuant to such Proposals, or in cancelling awards, or in withdrawing or cancelling this solicitation, either before or after issuance of an award, shall be without any liability or obligation on the part of the City. ln its sole discretion, the City may withdraw the solicitation either before or after receiving Proposals, may accept or reject Proposals, and may accept Proposals which deviate from the solicitation, as it deems appropriate and in its best interest. ln its sole discretion, the City may determine the qualiflcations and acceptability of any pa(y or parties submitting Proposals in response to this solicitation. Following submission of a Bid or Proposal, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Proposal and the applicant including, without limitatig,1, the applicant's affiliates, officers, directors, shareholders, partners and employees, as requested by the City in its discretion ,,,,,,,. :'"' ": '+' The information contained herein is provided solely for the convenience of prospective Proposers. lt is the responsibility of the recipient to assure itself that information contained herein is accurate and complete. The City does proVii*$,HXg. assurances as to the accuracy of any Any reliance on these contents, or on any permitted communications with City officials, shatl be at the recipient's own risk. Proposers should rely exclusively on their own investigations, interpretations, and analyses. The solicitatioh is being provided bythe City without any warranty cr representation, express or implied, as to its content, its accuracy, or its completeness. No warranty or represenlalion is made by the City or its agents that any Proposal conforming to these requirements will be selected for consideration, negotiation, oi approvat. The City shall have no obligation or liability with respect to this solicitation, the selection and the award process, oq+&hether any award will be made. Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is totally relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereofl Any Proposals submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Pioposal. This solicitation is made subject to correction of errors, omissioiEi;,or,uiithlrawal from the miiietwithout notice. lnformation is for guidance only, and does not constitute all or any part of an agreement. The City and all Proposers will be bound only as, if and when a Proposal (or pi$pbsalqtras same may be modified, and the applicable definitive agreements pertaining thereto,rre apploved and executed bf ihe parties, and tnen only pursuant to the terms of the definitive agreements executed among the parties. Any reiponse to this solicitation may be acoepted or rejected by the City for any reason, or for no The City is governed by the Governmeht inthe-Sunshine Law, and all Pro.posats and supporting documents shall be subject to disclosure as required by such law. All Proposals shall be submitted in sealed proposat form and shall remain confidential to the extent permitted by Florida Statutes, until the,,.pate and time sefected for opening the responses. At that time, all documents received by the City shall become public records. d'=il u," Proposers are e@ted to make all'.di$l0Sures and@tarations as requested in this solicitation. By submission of a Proposal, the Proposer acknowledgesandagrees that the CityhaS'the right to make any inquiry or investigation it deems appropriate to substantiate or supplement informationtontai*d,in the Proposal, and au$orizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer ceffifieS$at the informatiorr contained in the Proposal is kue, accurate and complete, to the best of its knowledge, reason, without any resultant liability to the City information, and belief. Notwithstanding tne foregoi;-.orinytning cgftEined in the solicitation, all Proposers agree that in the event of a final unappealable judgment by a court of competent jurisdiction which iinposes on the City any liability arising out of this solicitation, or any response thereto, or any action or inaction by the City with re5Bect thereto, such liability shall be limited to $10,000.00 as agreed-upon and liquidated damages. The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. ln the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation, it is understood that the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be governed by and construed in accordance with the laws of the State of Florida. 22 | RFP 2O14-2eO-YG 223 I hereby certify that: l, as an authorized agent of the Proposer, am submitting the following information as my firm's Proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation, all attachments, exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure and Disclaimer Statement; Proposer agrees to be bound to any and all specifications, terms and conditions contained in the solicitation, and any released Addenda and understand that the following are requirements of this solicitation and failure to comply will result in disqualification of Proposal submitted; Proposer has not divulged, discussed, or compared the Proposal with other Proposers and has not colluded with any other Proposer or party to any other Proposal; Proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this Proposal, inclusive of the Certification, Questionnaire and Requi Affidavit are true and accurate. Title of Propose/s Authorjzed Representative: "l*"" On this _day of _, 20_, personallyState of FLORIDA ) ) County of -) of appeared before me stated that (s)he is the , a corporation, and that the instrument was signed in behalf of the said corporation by authority of its board of directors and acknowledged said instrument to be its voluntary act and deed, Before me: :r I nre 2ot4-2eo-Yc 224 APPENDIX B tu\;AMrSffi&ilH "No Bid" Form DESIGN, MANUFACII-Uni nNO INSTALL l\\ R EMOVAB LEIR ETRACTABLE CAN O PY AT NORTH BEACH BAND SHELL::'1::' '.'.'1rr, ,,,,,,:tit =.rr'lti ii.r BjRt'E= f}I A-zgo-Yc PROCUREMENT DIVISION 1700 Convention Cenler Drive Miomi Beoch, Florido 33139 e+ I nre 2014-2eo-YG 225 Statement of No Bid WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR REASON(S) CHECKED AND/OR |NDICATED BELOW: _ Workload does not allow us to proposal _lnsufficient time to respond _ Specifications unclear or too restrictive ,1.',,,....,_. - Unable to meet specifications ll,= -Unable to meet service requirements ..lli]i iil '' . o t ttttta,E= _Do not offer this producVservice -OTHER. (Please specify) = d We do _ dO hot _ want to be retain6Q on your mailing list for future proposals of this typeproduct andlor service. Sign"atgre: !"1::t :t t)tati)t::j:: :t,::::::=at::aa::=: :::i::::::: ::'aa:;,t: ilIte: ',1,1, -. 'li,rffi' totnanv*ge: .;, Note: Fdlli!{1i'9,:to reSpond, either by submitting a proposal or this completed form, may resulti"'fuour company being removed from our vendors list. ir' PLEASE RETURN TO: CITY OF MIAMI BEACH DEPT. OF PROCUREMENT MANAGEMENT PROPOSAL#2014.290.YG 1700 Convention Genter Drive MIAMI BEACH, FL 33139 2S I nre 2014-2eO-YG 226 APPENDIX C g &AtA&ArmHAih{ Cost Tendil Form DESIGN, MANUFACIURE AND INSTALL .,.-\!,. R EMOYig{Bee/ R ETRACTA B LE CA N O PY '7::;l::l::i::::= - AT' N DTEI.*BEACH BAN D SH ELL w.t. 't* 4 .:'= .',1.,:::,:::::::: =]. l =:::::l,l- :':t::: ' \S+tS".* :.:::::::= : | '::-:::l:::::::::: = lRF l4-2e'];**#*i?* This Cost Tender Form is to be provided in a sealed envelope submitted with the Proposal and received bv the Citv on or before the deadline for receipt of Proposals. ae I nre 2014-2eo-YG 227 APPENDIX D _ COST TENDER FORM Section 1 - Certification. The undersigned, as Proposer, hereby declares that the only persons interested in this proposal as principal are named herein and that no person other than herein mentioned has any interest in this proposal or in the Contract to be entered into; that this proposal is made without connection with any other person, firm, or parties making a proposal; and that it is, in all respects, made fairly and in good faith without collusion or fraud. The Proposer further declares that it has examined the site of the Wolk and informed itself fully of all conditions pertaining to the place where the Work is to be done,FitQgt it has examined the RFP and all addenda thereto furnished before the opening of thg pibposals, as acknowledged below; and that it has satisfied itself about the Work to be p=e==l,Ur ed; and all other required information with the proposal; and that this proposal is submitt€d votuntarily and willingly. The Proposer agrees, if this proposal is accepteO, to cohtrr.t *1tflil1ft6,g City, a political subdivision of the State of Florida, pursuant to the ,tdrms and condition$\ipf.$e RFP and to furnish all necessary materials, equipment, michinery, tools, appai4l-u.s, means of transportation, and all labor necessary to construCt bnd complete within the timb:limits specified theWorkcoveredbytheRFPfortheProjectentitled: DESIGN, MANUFACTURE AND INSTALL REMOVABLE/BfTRACTABLE CANOPY AT NORTH BE*CH BAND SHELL RFP 201 4-290-YG The Proposer also agrees to furnish the r6.$uired,,Performa.nLq9 Bond and Payment Bond or alternative form of security---.., l{,,permitted by the City, eadh foi hot less than the total proposal ln the event of arithmElical errors,bbtween the division totals and the total base proposal in the RFP Price Form, the Proposer agrees that the total base proposal shall govern. ln the event of a discrepancy between the numerical total base proposal and the written total base proposal, the written.,k*ei=t& proposal shall govern. ln absence of totals submitted for any division cost, the City sfiall interpret aF=rlg propo.Ed for the division, which may disqualify the Proposer. ,.; .!. Name of Pmpose/s Authorized Representative:Title of Propose/s Authorized Representative: Signature of Proposefs llAW Representalive:Date: State of FLORIDA On this _day of _, 20_, personally appeared before me who stated that (s)he is the a corporation, and that the instrument was signed in behalf of the said corporation by authority of its board of directors and acknowledged said inskument to be its voluntary act and deed. Before me: Notary Public for the State of Florida County of My Commission Expires: 228 Section 2 - GUARANTEED MAXIMUM PRICE (GMP) FORM DESIGN, MANUFACTURE AND INSTALL REMOVABLE/RETRACTABLE CANOPY AT NORTH BEACH BAND SHELL RFP 201 4-290-YG 1 Design, Furnish and lnstall Removable/Retractable Canopy at North Beach Bandshell (as nroposed). 1 2 Removal, Storage and Re-install (if not proposinq retractable) 8 PG-.F,.,.=.= OccurrEECe 3 WarrantyYearsl-5 5 Per Year 4 Yearly Maintenance 5 Per Year 5* 6* 7* 8* 9* * Propo.salshall indim*t{6*&1u"oo,!!9":" necessary to complete proposed desisn. WRITTEN TOTAL: PROPOSER#rint): ADDRESS: ,I : CITY/STATE: FEDERAL I.D. #: NAME/TITLE OF REPRESENTATIVE (Print): SIGNED: ZIP: (l certify that I am authorized to execute this proposal and commit the proposing firm) *a I nre 2ot4-2eo-Yc 229 APPENDIX D g $-q!&&AtmH&cH '({... lnsuronce R em"nr, ,,RFP 201 4-290-YG DESIGN=UA.I! UFACTU R E AN D I NSTALL R EMOVABUEIREFRACTAB LE CAN O PY = AT NO'DTFI IiBEACH BAND SHELL PROCUREMENT DIVISION 1700 Convention Center Drive Miomi Beoch, Florido 33139 ze I nre 2014-zeo-Yc 230 g MIAMIBTACH The contractor shall furnish to Department of Procurement, City of Miami Beach, 1700 Convention Center Drive,3'd Floor, Miami Beach, Florida 33139, Certificate(s) of lnsurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: A. Worker's Compensation lnsurance for all employees of the vendor as required by Florida Statute 440. B. Commercia! General Liability on a comprehensive basis, including Contractual Liability, Products/Completed Operations, in an amount not less than $1,00q000,combined single limit per occurrence for bodily injury and property damage. City oJ$fami'Beach must be shown as an additional insured with respect to this covera-ger C. Automobile Liability lnsurance covering all owned, non-owge'd;,A,nd hired vehicles used in connection with the work, in an amount not less than $Jlp00,000li$srnbined single limit peroccurrenceforbodilyinjuryandpropertydamage.,l D. lnstallation Floater lnsurance for the completed value of th6project, ineiU g coverage for material & equipment to be installed during the course of this project":q of Miami Beach shall be included as a Named lnsuredin this policy, as its insuiable interest may appear. This policy shall remain in force until acceptance of the project by the Gity. E. Professional Liability lnsurance in a.n lmoynj not less than $1,000,000 with the deductible per claim, if any, not to exceed 1Oo/o of the limit of liability. Contractor agrees to waive subrogation in f€v.orrcf the City. AII deductibles for insurance required in the Agreement are the responsibility of the ContraCtoi. The insurance coverage required shall include as listed in standard liability insurance manuals, which most nearly reflect the All insurance policies required 5Qove shall be issudd by companie5 authorized to do business under the laws of the State of Florida; with the following qualifications: The company'must be rated no less than "B",E\,tp,in"nrgement, and no less than "Class V" as to financial strenQlh, by the latest edition of Best's Insurance Guide, published by A.M. Best,C.ompany, Ofdwl0k, New Jersey,,or. its equivalent, subject to the approval of the CityuRisk Me@m ent Division. E ::: . .:-:r, Of he company must ho-ld a validflorida Certificate of Authority as shown in the latest "List .:::""- of All-lnsurance ComFtfus Authorized orApproved to Do Business in Florida" issued by the te of Florida Department of lnsurance and are members of the Florida Guaranty Fund.t Certificates will indiriaie no modification or change in insurance shall be made without thirty (30) days in advance notice to the certificate holder. =='CERTIFICATE HOLDEB M UST READ: CITY OF MIAMIBEACH 17OO CONVENTION CENTER DRIVE 3'd FLooR MIAMI BEACH, FL 33139 Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this agreement. those 231 THIS PAGE INTENTIONALLY LEFT BLANK 232