Loading...
C2F-Issue RFP Removable-Retractable Canopy At The North Beach Band ShellCOMMISSION ITEM SUMMARY Condensed Title: Request 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 ltem Summary/Recommendation : Advisorv Board Recommendation: Financial lnformation: AGEHBA NEM C2 F Maximize the Miami Beach brand as a world class Data Environmental Scan. etc: N/A tn lanuary 2014,lhe 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. 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, forthe Design, Manufacturing and lnstallation of a Removable/Retractable Canopy atthe North Beach Band Shell. RECOMMENDATION Authorize the issuance of the RFP 2015-290-YG, for the Design, Manufacturing and lnstallation of a Removable/Retractable Canoov at the North Beach Band Shell. Source of Funds: ^ffid1 Amount Account 1 N/A 307-2538-000359 North Beach Quality of Life 2 Total Financial lmoact Summary: Alex Extension 6641 (s MIAMIBAACH s^rE 7e3-/c/199 MIAA,4IMffi&CH City of Miomi 8eoch, 1700 Convention Cenler Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and FROM: Jimmy L. Morales, City Manager DATE: July 23,2014 SUBIECT: Request For Approval To lssue 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 proper$ 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 atea of the Band Shell. lt is believed that such a coverwill 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. 200 Reguesf 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 0315, page 15 4. CRITERIA FOR EVALUATION Please Refer to Section 0305, page 13 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 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\20l4UulyProcurement\lssuance RFP 2014-290-YG North Beach Band Shell Canopy MEMO.doc 201 S MIAMIBHACH REQUEST FOR PROPOSAL DESIGN, MANUFACTURE AND INST RETYIOVAB tEl RETRACTAB LE CANO BEACH BAND SHETL RFP No. 2OI4-29O-YG 4 PRE.PROPOSAL TE: AUGUST 21,2014 ISSUED BY: Yusbel Gonzolez, Senior Procurement Speciolist (Teom 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. DEFIN|T|ONS............ ....(omitted) 00300. TNSTRUCTTONS TO PROPOSERS ............8 00305. EVALUATION METHODOLOGY..... ..........12 OO31 5. PROPOSAL SUBMISSION REQUIREMENTS APPENDIXES: A. PROPOSAL CERTIFICATION, QUESTIONNAIRE & B. "NO BID" FORM c. BtD TENDER FORM (COST D. INSURANCE REQUIREMENTS a I nnr 2ot4-2eo-Yc 203 MIAMIBEACH 01O(). 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 RFP results in an award. The City utilizes PublicPurchase (v'/v'/w.publicpurchase. ) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addehdum 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 thte RFP. Failure to receive an addendum may result in disqualification of Proposal submitted. ,. a==.." , 2. Scope of Work: The City of Miami Beach is seeking pro*salg from qualifled firms to O.ri!l, manilfacture and install a custom canopy at the North Beach Band Shell facility (thq, ffigcility")$B area of coverage for the canopy is approximately 9,700 square feet. The scope of the prolect will consislffithe following:o Design and shop drawings 're-_ . ^o Obtaining all necessary permits " '.\ ". Seek approval of shop drawings from the City *o t .**o Manufacture canopy : L\r!" o lnstall Canopy . :r:: .,.ro Warranty and maintail$:-.9. d of not less than five (5) yea r,'' "-" I Canopy shall meet all appffib reqlii ments, including: building code, wind uplift, environmental and any other applicable requirement =$O':CJg is also eking a non-permanenl (removable or retractable) canopy structure. For removable structures, the sel@dcontraftr will be responsible for removing, storing and re-installing with a 48 hour notice from the City.tiiJ The selectlon process shall be as follows: o -=.lnterest parties, pursuaht to this RFP, may submit their proposed designs, materials lists, project schedule, ,.,i:%6fiice offerings (mainten2nce, wananty, etc.) and cost proposals to the City.o ln accordance with the criteria established herein, the City will evaluate proposals received on the basis of design, Qq.qlity of materials;+roject schedule, service offerings and cost.. The proposal deemed to have submitted the best combination of design, materials, project schedule, service and cost may be submitted 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. r I nrr zott-zio;'-ic 204 MIAMIBEACH 4. Location of Work: The address of the North Beach Band Shell is 7275 Colllns Avenue, Miami Beach, Florida 331 39. GeneralArea: - t4&sr -"""""'"*"s $...... :.: :......aa: :r. a : ;;aa:a;i:1:1 li, s j ,i i I.&t Site Map: i: 1l l i'liii::': :l , ,:, 7i IS$S Sl #L&t]E@* a.." a : - :r :,. ', .:, ' ::,i :i .::::1 '. i"i ,: t*,.+ iii.4 t.i, r q11 ut's H> ;i^ A :::: :: ;r"-" : r ' ::.a::al'; ir' I i 11:i :':: r :: t\ tl :*d i f.i tg e I nre 201A-Zea-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: lntentionally omitted. 10. Procurement Gontact: Any concerning this solicitation shall be submitted to the Procurement Contact named hereiri;=1fu*ing, with e Copi to the City Clerk's Office, Rafael E. Granado via e-mail: 9. Proposal Submission: One (1) unbound original proposal ,ust ne 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 original proposal and all copies must be submitted to the Department of Procurement Management in a sealed envelope or container stating on the outside, the Proposer's name, address, telephone number, RFP number, title, and due date. Any proposals received after time and date ;.,.F.$S.1{,,1,, will be returned to the Proposer unopened. The responsibility for submitting a proposal befertli€''st*idd.,time and date iS solely and strictly the responsibility of the Proposer. The City is not responslble for delCyb caused by mail, courier service, traffic, weather or any other occurrence. RafaelGranado@miamibeachfl.oov ; oi: ile: 786-3944188. The RFP title/number shall be referenced on all correspondence. All questions or requesti forffia"riRcation must be received no laterthan ten (10) calendardays prior to the date Proposals are due'as schedri.l Uin Solicitation Timeline. All responses to questions/clarifications will be sent to all prospective Proposens in the form of an addendum. Procurement Contact: YusbelGonzalez Telephone: 305.673-7490 Email: YusbelGonzalez@miamibeachfl.gov 11. Pre-Proposal Conference: A Pre-Proposal Conference is scheduled for 2:00 p.m. on August 8,2014 in the City Manaoe/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) Dial the 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. The tentative schedule for this solicitation is as follows: .:,i,',:L 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 by the City) TBD Tentative Commission Approval Authorizing Negotiations October 22,2014 I I nrn 2oi4-2eo-Yc 206 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 PublicPurchase 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.solicitations once advertised and until an award recommendation has been forwarded to the City Commission by,{fi6 City Manager are under the "Cone of Silence." The Cone of Silence or-dinance 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 prohibited with the of exception communications with the Procurement Director, or his/her adminis$ative staff responsible for administering the procurement process for this solicitation providing said communicalion i'S limited to mattersd process or procedure regarding the solicitation. Communications regarding this ,solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the City.Cleik at rafaelgranado@miamibeachfl.gov. 14. sPEclAL NoTlcES, You are hereby advised ,nri"'{$U,.rg.ilii;iion is subject to the forowing ordinances/resolutions, which may be found on tnts\ljrCity Of Miami Beach website: .*1 . PROTEST PROCEDURES ............................;.,,;..,.,,.-CITY CODE SESfrION 2-371. DEBARMENTPRoCEEDINGS ................i,...........;::.,{lryCODESE0t|ONS2-397THRoUGH2485.3. LOBBYISTREGISTMTIONANDDISCLOSUREOFFEES..=.............. CITYCODESECTIONS24SlTHROUGH2-406 o CAMPAIGN CONTRIBUT|ONS.*.RM o CAMPAIGN CONTRIBUTIONS BY CITY CODE SECTION 2487 CITY CODE SECTION 2488 MIAMIBEACH ON PROCUREMENT . REQUIREMENT FOR CITY CONTMCTORS TO PROVIDE EQUAL BENEFrrs ron oouesld enRrrueRs ... . . .. ctTy coDE SECTIoN 2-373 . LIVINGWAGE-REAUREMENT...'=;',. ....:.}\i\l,i.iil\$iY,r.j"+r ._,in,,....... CITYCODESECTIONS240TTHROUGH2-410 o LOCALPREFERENCEFORMIAMIBEAGHAASEDVENDORS......... CITYCODESECTION2-372. PREFERENCE FOR FLORIDA SMALL BUS,}I\IESSES OWNED AND CONTROLLED BY VETEMNS AND TO STATE4ER-I}FIED SERVICE. DISABLED VETEMN BUSINESS ENTERPRISH$j|..... CITY CODE SECTION 2-374 o 'FALSE OLAIMS ORDINANCE. .. .....,.,.'........... CITY CODE SECTION 70-300 o ACCEPTANCE OF GIFTS, FAVORS & SERVICES.... CITY CODE SECTION 2449 Note: Ordinances may be amended any time prior to the receipt of bids, The most recently approved ordinance or version shallapply' ,. ' Remainder of page tntentionatty Left Btank 6 | RFP 2O14-290-YG 207 MIAMIBEACH OO2O(). DEFINITIONS: 0mitted. ()()3OO. 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 Iake into account federal, state and local (City and Miami-Dade Co*gg[y) laws, regulations, permits, and ordinances that may affect costs, progress, performance, furnrshln$of the Work, or award, 1"3 Study and carefully correlate Propose/s observations with t,!,9 P, and The submission of a proposal shall constitute an incontrovertibleffirer.nt tion-1, Proposer that Proposer [?:ff,Hi?i#l[i[ above requirements and understands all tei,ms and cufiditie.q:,ll,'o.no,rrnce and rstions answered by written Addenda witt ie binding and may supersede terms noted in this RFP. Oral and other interpretations or clarifications will-be withoui legal effect. All questions about the meaning or intent of the RFP are to be direCted to the City's Procurement Director or designated representative in writin[:,:,lnterpretations or clarifications considered necessary by the City in response to such questions will be issued by the City by means of Addenda mailed or delivered to all parties recorded by'.th.E{itv's Procurement Direptol as having received the Bidding Documents. Written questions should be_ recervq! no less than ten {10) calendar days prior to the date of the opening of Proposals. There shalt be no obligation oh the part of City or the City's Procurement Director to respond to queStions r*cn;y66:ifess than ten (10) calendar days prior to original proposal opening$ stipulated inltrisi'oticitatioh. 3. Joint Ventures: Joint Ventu"# not allowed. W ,nt will conhact with a Prime Contractor only. Each proposalshall be submitted by the Prime Contractororly. However, proposals may include sub-contractors or sub-consultants to the Prime Contractor i . ,,::, = All p,roposals muSt be made upon the blank Proposal Tender Form included price in$ict accordance with the instructions thereon. The proposal must be by the Pioposer in accordance with the directions on the proposal form. tion'ii6frii : The City reserves the right to reject any or all proposals prior to award. REasonable hundred twe_n$J120) be made to either award the Contract or reject all proposals within one- days after proposal opening date. A Proposer may not withdraw its proposal unilaterally noi'ehEq,g-e*.tl.1i! Contract Price before the expiration of ninety (90) calendar days from the date of proposalopenin$l:eA=:Proposer may withdraw its proposal afterthe expiration of one hundred twenty (120) calendar days fm the date of proposal opening by delivering written notice of withdrawal to the Department of Procurement Management prior to award of the Contract by the City Commission. 6. Determination Of Award: The final ranking results of Step 1 & 2 outlined in Evaluation of Proposals Section will be considered by the City Manager who may recommend to the City Commission the Proposer s/he deems to be in the best interest of the City or may recommend rejection of all Proposals. The City Manage/s recommendation need not be consistent with the scoring results identified herein and takes into consideration Miami Beach City Code Section 2-369, including the following considerations: (1)The ability, capacity and skillof the Proposerto perform the contract. 4. 5. herdin and must r I nre 2oi4-2eo-Yc 208 MIAMIBEACH (2) Whether the Proposer can perform the contract within the time specified, without delay or interference. (3) The character, integrity, reputation, judgment, experience and efflciency of the Proposer. (4) The quality of performance of previous contracts. (5) The previous and existing compliance by the Proposer with laws and ordinances relating to the contract. The City Commission shall consider the City Manager's recommendation and may approve such recommendation. The City Commission may also, at its option, reject the Ci[y Manager's recommendation and select another Proposal or Proposals which it deems to be in the best inie$J of the City, or it may also reject all Proposals. Upon approval of selection by the City Commission,;negotiathns between the City and the selected Propose(s) will commence. 9. 10. 7. 8. 11. Evaluation: An interim performance evaluation of the successful Proposer miy be submitted by the Contract Adminishator during construction of the Project. A final perf-ormance evaluation sfatl be submitted when the Request for Final Payment to the construction contractor'iib forwarded for approvEt--;1..a+ither situation, the completed evaluation(s) shall be fonrrrarded to the Citgl$ Procurernent Director wno ihall p;gvlde a copy to the successful Proposer. Said evaluation(s) may be used by t!p, City as a factor 'r4&ohsidering the responsibility of the successful Proposer for future proposal*",!v, ith , ,,rfl Contract Price: The Contract Price is & include the furnis'iffi all necessary design, labor, materials, equipment including tools, seryices, pefuit es, applicable taxes, overhead 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 Contract unit price or lumpl,=i price shall be included in the Contract unit price or lump sum price to which the item(s) is most appliedble. Postponement of DE[g''.. 1$:i$$g.ntino and Openinq Proposals: fhe City reserves the right to postpone the date for receipt ffiopening Of'pfuosals and will make a reasonable effort to give at least five (5) calendar days written n$rGQtaly such p$lponement to each prospective Proposer. Qualifications of Proposql$JEFi,ra$ sh-a,lf,..pe considered only from Proposers which submit their proposal by the proposal's due date; Pioposbrs whofte-tiithe "Minimum Requirements"; and Proposers that submit al I req uiEd documenlatio n a$te{ uested u nde i tTiis sol icitation. !. ., ln determining a Prop'osdtls responS.ih-ili nd ability to perform the Contract, City has the right to investigate and request information,concerninglhe financial condition, experience record, personnel, equipment, facilities, principal busineis location and organization of the Proposer, the Proposeds record with environmeiital regulations; and the claims/litigation history of the Proposer. The City reserves the right to consider thiid=,party information (e.9., Dun & Bradstreet's Supplier Reports or similar) in determination of capacity. Addenda and Mqdifications: 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. Occupational Health and Safety: ln compliance with Chapter 442, Florida 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: 12. e I nre 2o14-290-YG 209 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, corrosion, and reaction; 13. 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 peffiat protective equipment, and other safety precautions in the use of or exposure to the toxic substances, including appropriate emergency treatment in case of overexposure. ,R. 12.4 The emergency procedure for spills, fire, disposffi nrsliO. 12.5 A description in lay terms of the known speiifqp ntial heBl$*risks posed by th0 toxic substance intended to alert any person reading this informatioiW#+..,,,, ' 12.6 The year and month, if available; that the informatioifu,compiled and the name, address, and emergency telephone number of the manufacturer respons,O'. li,,f,r:?,gring the information. '.: ""i;.,. Environmental Reoulations: The City reserves tne right to consider a iroposefs history of citations and/or violations of environmental regulations in investigating a Pioposer's responsibility, and further reserves the right to declare a Propose-rg responsible if the history of violations warrant such determination in the opinion of the City,,1,fli0p0 l; ll submit with its Proposal,'a complete history of all citations and/or violations, notices. nd dispoSitifu thereof. The non-submission of any such documentation shall be deemed to be ah=e.:4fu;tion by the Proposer that there are no citations or violations. Proposer shall notify the City immediatellrb--T.ffice$,eny citation or violation which Proposer may receive after the Proposal opening date and durinSittiejti.ffd'df prtoffi-aace of,,5ny contract awarded to it. "Or Equal" Claus6: Wheneveiqmaterial, article or piece of equipment is identified in the RFP including plans and specifications by reter€ffeito manufacturers' or vendors' names, trade names, catalog numbers, oi.,otherwise, City, throUgh Consullant, will have made its best efforts to name at least three (3) such references. Any such reference is ifitended merely to establish a standard; and, unless it is followed by the words "no pubstitution is permitted" because of form, fit, function and quality, any material, arlicle, or equipment,of:other manufacturers and vendors which will perform or serve the requirements of the general design will be'considered equally acceptable provided the materials, affcle or equipment so proposed is, in the sole opinion of CoilSultant, 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 2ot4-2eo-Yc 210 16. MIAMIBEACH Financial Stabilitv and Strenqth: 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. The City reserves the right to consider third-pafty information (e g , puil ft.Bradstreet's Supplier Reports or similar) in determination of capacity .t r* Any Proposer who, at the time of proposal submission, is involved'ip. an ongoing bankruptcy as a debtor, or in a reorganization, liquidation, or dissolution proceeding, oiiif a trustee or receiver has been appointed over all or a substantial portion of the properly of the Proposer under federal bankruptey.law or any state insolvency, may be declared non-responsive. _ tt || Miami Beach-Based Vendors: Pursuant to City of Miami Beaeh.Code Section 2-372, afot r.n.. will be given to a responsive and responsible Miami Beach-based vdafur, who is within five percent (5%) of the lowest responsive, responsible Propos6..g n opportunity of providing said goods or contractual services for the lowest responsive proposal amount)*ilVfie,.419ver, 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 responsive and otherwise equal with respect to quality and service, then the award shall be made to the hfiami.&adh:be .wndor having the greatest number of its employees that are Miami Beach residents. Whenever, two or moie Miami Beach-based vendors have the same number of its employees that are Miami Beach residents, ihen the award shall be made to the Miami Beach- based vqndorwho is certified by Miami-Daite *!o1n, as a Minority or Women Business Enterprise. Veteran Business Enterprisgs:. F,.,.q uant City of Mil i g.r.n Code Section 2-374,|he City shall give a prefer*q,119.e, to gresponsive and responsible Proposer which is a small business concern owned and contrdfled"by a= ran(s) or which is a service-disabled veteran business enterprise, and which is within $ percent (5%[of the,lgwest reSponsive, responsible Proposer, by providing such Proposer an opportunity ffiiiJip-,roviding said goods or contractual services for the lowest responsive Proposal amount. Whenever, as a result of the foregoing E. |Jprence, the adjusted prices of two (2) or more Proposers which are a small businqsn,-rmncern owned biid controlled by a veteran(s) or a service-disabled veteran business enterprise constittlt4;.it!.lp lowest proBosal pursuant to an RFP or oral or written request for quotation, and such proposals''' i.e, ponsive*sponsible and othenivise equal with respect to quality and service, then the award shall bE@e to the service-disabled veteran business enterprise. \\':r'l: Eoual Benefits Code 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 Contracto/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. ro I nre 2u4-2eo-YG 211 20. MIAMIBEACH Performance and Payment Bond: The successful bidder shall duly execute and deliver to the City a Performance 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 shallbe 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 sunender 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 buSihess 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 ni 'n.M. Best Company, Oldwick, New Jersey: Bond Amount 500,001 to 1,500,000=i 1,500,001 to 2,50ft;000 2,500,001 to 5,000,000 5,000,001 to 10,000;S00.,, Best Ratino BV AVI A VII 4VfiA, IX B. On contract amounts of $500,000 or less, the bonJ frovisions of Section 287,0935, Florida Statutes (1985) shall be in effect and surety companies not othenuis-g qualifying with this paragraph may optionally qualify by: i1. Providing evidence that the surety has twice the mi*imum surplus and capital required by the Florida lnsurance Code at the time the solicitation is issued;2. CerJifuir$-$at the surety is othenuise in complianie with the Florida lnsurance Code;and * _#g3. ,.-f viding a efiii* of the currently valid Certificate of Authority issued by the United Stateg Oipartffit of the Treasury under SS. 31 USC 9304-9308. Surety insur6B'Shall,.$#i$li..1ed,.L.!,,,.,.. e latest Circular 570 of the U.S. Department of the Treasury entitled "Surety CompanidSlcdeF"ffil#.9n Federal Bonds", published annually. The bond amount shall not e1g,q9d thd u riting linilffrions as shown in this circular. -c. D. E. For contracts" +xcess ofr$S0:000 the provisions of Section B will be adhered to plus the company must have been'listed for atll€ast three consecutive years, or holding a valid Certificate of Authority of at least 1.5 million dollarS and on the Treasury List. Sur$ Bonds guaranteed through U.S. Government Small Business Administration or Contractors Traiilng and Development lnc. will also be acceptable. 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. 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. F. rr I RFP 2Ot4-2eO-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 Department. 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 to be considered during Step 2 of the evaluation; or b. Review proposals received and interview or receive prese*tations from one or more proposers in order to develop a short-list of one or more proposers to be corcidered during Step 2 of the evaluation. 3. Step 1 Evaluation (Qualitative Criteria): Step 2 Evaluation (Q*q$[itiqtPJ Criteria): Follbwing the resultf'df Step 1 Evaluation of Qualitative criteria, the propose ,#ay'i#ellte additional points to be added by the Department of Procurement Management to.th ee points eamed in Step 1. Proposer must submit qualifying evidence with their proposals in oider , ',: ,o'-*,,,,',1,, cate'0ry' -' . Points Awarded EMiami Beach-Based Vendors and Veteran's Preference shall be in accordance to City Code. t2 I RFP 2014-2eO-YG 213 6. Determination MIAMIBEACH 5. Price: Points awarded to the proposer for cost proposals shall be developed in accordance with the formula: Sample Obiective Formula for Cost and Suoolier Risk Score Vendor Vendor Cost Proposal Example Maximum Allowable Points Formula for Calculating Points (lowest cost / cost of proposal being araluated X maximum allowable points = awarded ooints) Total Points Awarded Vendor A $100.00 20 $100 / $100 X.20..= 20 20 Vendor B $150.00 20 $100 / $15(}.'x=20'=13 13 Vendor C $200.00 20 $100 /.$.t0.0X 20 = 10 10 of Final Ranking. At the conclusion of thr d$r "':.:::'.+rt;. Eva I u ati o fi::C o m m itteii,1.$,...!qp 1 sco ri n g, Ste p 2 Po i nts will be added to each evaluation committee member's scores by the Department of Prd6g-=i*rnent Management. Step 1 and2scores will be converted to rankings in accordance with t,f ample below: == ffi,iii,l.= $,ill odmqittee lli',' MemfE-F+ Step 1 Points 82 11,.1 76 80 Step 2 Points $lllt irr .ri iliiiifu.,B.g*. 10 l.:J 5 Total -*q$"Ntl*#{s2 :${85 =R'inkt li\i.=.":l==3 2 Step 1 Points Lu.ffi'. -"1 on :xh 72 stgp z Points 10 7 5 Tohl =f:00 92 79 Rark 2 3 Step 1 Points 80 74 bb 10 7 5 {;.1t i Total 90 81 72 1 +3 . Final=fiagkihg is presented to the City Manager for further due diligence and recommffiation 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. 1$ | RFP 2O14-2e0-YG 214 MIAMIBEACH 00315. PROPOSAL SUBMISSION REQUIREMENTS 1. FORMAT FOR SUBMITTAL. Proposal packages must contain all the 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 documenti afe'deemed to be confidential. Only the State Legislature may determine which public records are subjedt to disclosure and which are not. Moreover, a private party cannot render public records exempt from'di5closure merely by designating as confidential the material it furnishes to the City. The desire of the private party !o maintain privacy of certain materials filed with the City is of no consequence unless"S..ttsh materials fall uvithin a legislative created exemption to Chapter 1 19, Florida Statutes. *r )F* 2. CONTENTS AND FORMAT OF PROPOSAL. To fa--ci[t&]view of proposals, eroposers are requested to submit proposals in the format stipulated in this sectioil; iniftilinylearly identifying each proposal section (tab). 2.1 (TAB 1) - IDENTIFICATION PAGE AND TABLE OF CONTENTS: Proposer shall provide an ldentification Page including the following information: 2.1.1 Cover Letter. 2.1.1.1 Name of Proposer (Prime Contractorr). 2.1.1.2 Address of submitting Proposer. (Note:.if co venture, specify) 2.1.1.3 E-mail address for the appropriate contact person at the submitting company. 2.1.1.4 Phone:narnber and facsimile number of submiting Proposer. 2.1.1.5 r Federal Tax ldentification Number for submitting Proposer. 2.1.'1,,r..:.$iDgclaration\@arding company organization, whether as Corporation, Partnership, or 2.1.1.7 Si$$ffilp,,of officer or other individual of the submitting Proposer who has the ..:.= authcifi&it.-r, bind said F-,i-$ffi,,f,. '1.1.1.8=rinted'ntfue,of the authotkbd signing officerorotherindividual. 2.1.1.9 Title of tne iuifrorizedsigning offiier. - :':' 2'L1'10 Dateof signatUff'1'r'' 2.1.2, Table of Contents. , t"' 2.1.3 Appendix A, Proposal Quebtionnaire, Certifications & Requirements Affidavit. 2.2 (lAB 2) - COMPLIANCE WITH MINIMUM REQUIREMENTS: Proposer shall submit verifiable documentation that demonstrates Proposer iS 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 prolect references for previous projects completed within the last five (5) years that include the following information and components: tc I nre 2o14-2eo-YG 215 MIAMIBEACH 2,3.1.1 Prolect name 2.3.1,2 Project 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 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. 2.4 (TAB 4)- PROPOSED DESIGN & MATERIALS: Submit detailed conceptual drawings indicating the proposed design for the prolect. lnclude, at a minimum, canopy design and construction (including retractable or removal system), materials list, weatherability of materials, ease of use, and proven design performance. 2.5 (TAB 5)- PROJECT SCHEDULE: Submit a detailed prolect schedule which indicateslimeline for all pertinent project activities, up to and including completion, from date of Notice to Proceed. 2.6 (TAB 6)- SERVICE OFFERING: Submit detailed responSes& the following service related factors. 2.6.1 Warranty. Provide detailed warranty'informatil+n indicating no less than five (5) years full replacement warranty. 2.6.2 Maintenance. lnclude proposed maintenance program to assure that functional and aesthetic life of structure is maximized. 2.6.3 Removal and Storage. For removal canopy structures (rather than retractable), submit details on how proposer intends to remove, store and re-install canopy. lll'lu 2.7 (TAB8) COST PROPOSAL: Submit completed cost proposal form which will indicate Proposers firm, fixed price for the Prolect. 2.8 (TAB 9) Required fo Appendii f : Submit all forms included in Appendix F, Required Forms. = , .. Re, iinder of Page lntentionally Left Blank : ::::l :: rs I RFP 2O14-2eO-YG 216 APPENDIX A ,R Mr&&Armffi&ilil{ Proposo I Certificotion, auestiohnoire & R e q u i re rffB,QJ-s Affid o vit -it^: !i4 DESIGN;' MA.N U FACTU RE AN D I NSTALL R EMOVAB LE/R ETRACTA B LE CAN O PY ^ i,,:,i,ui+;,,4;t Oil1EAc H BA N D s H E LL = =flFP 201 4-290-YG PROCUREMENT DIVISION l70O Convention Center Drive Miomi Beoch, Florido 33139 te I nnn 2o14-2eo-YG 217 Solicitation No: 2014-290-YG Solicitation Title: DESIGN, MANUFACTURE AND INSTALL REMOVABLE/RETRACTABLE CANOPY AT NORTH BEACH BAND SHELL Procurement Contact: YUSBEL GONZALEZ Tel: 305-673-7490 Email: YusbelGonzalez@miamibeachfl .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 requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1 General Proooser lnformation No of Years in Business:No of Years in Business Locally: OTHER NAME(S) PROPOSER HAS OPERATED UNDER IN THE LAST 1O VEARS: 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. General Proposer lnformation. l7 I RFP 2014-2eO-YG 218 1. 2. 3. 4. 5. b. Miami Beach Based (t5]..lJ;r. ts er5...lil'.n MiamiBeach based firm status? 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 201'1- 3747 ,to demonstrate that the Proposer is a Miami Beach Based Vendor. Veteran Owned Business. ls Proposer claiming a veteran owned business status? [-_l ves [--_-l t'to SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm is certifled as a veteran-owned business or a service-disabled veteranowned business by the State of Florida or United States federal government, as required pursuant to ording;e6,2011-3748. Conflict Of lnterest. All Proposers must disclose, in their Proposal, fie nametst of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) who_is also an employee of the City of Miami Beach. Further, all Proposers must disclose the name of any City emptoyee who owns, either directly or indirectly, an interest often(10%)percentormoreintheProposerentityoranvo['i,f.affiliates........ SUBMTTTAL REQUIREMENT: Proposers must discloie til{.. .trt .oJ a.!y officer, directoi, agent, or immediate family member (spouse, parent, sibling, and child) who is al@il.i;emiiloyee of the City of Miami Beach. Proposers must also disclose the name of any City employee who owns, eitflHp directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates References & Past Performance. Proposer shall submit at least three (3) i6f6iences for whom the Proposer has completed work similar in size and nature as the wgf refere.lced in solicitatiori,- SUBMITTAL REQUIREMENT:ftr.each reference submitted, the foll0wing 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 or-Contfa@ancellation. Hai''Proposer ever been debarred, suspended or other legal 7. ,I} Vendor Campaign Contributi$1ns. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform. as co{fied in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for enS..tiff$$ fhalell applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject toQnv':'and all sanctions, as prescribed therein, including disqualiflcation of their Proposals, in the event of such non-compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals 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. 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 ta I nre 2014-2eo-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...,ltyjng rate will be $1 1.28lhr with health benefits, and $12.92/hr without benefits. The living wage rate and health care benefits rate may, by Resolution of t!ffihqity Commission be indexed annually for inflation using the Consumer Price lndex for all Urban Consumers (CP=l=1flVidlp/Ft. Lauderdale, issued by the U.S. Department of Labo/s Bureau of Labor Statistics. Notwithstanding thefucediiig="=.?io annual index shall exceed three percent (3%). The City may also, by resolution, elect not to index th{iving wd$'S-,'!Ate in any particular year, if it determines it would not be liscally sound to implement same (in a particulat year). =;= Proposers' failure to comply with this provision shall be deemed a material breach under thii pr,oposal, under which the City may, at its sole option, immediately deem said Proposer as non-responsive, and may further 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/procuremenU. SUBMTTTAL REQUIREMENT: No aOOitionffiiii-q5tal is requireO. By virtue of executing this afiidavit document, Proposer agrees to the living wage requirement.q ' , ,*t& " ,Yl Equal Benefits for Employees with Spouse\an{.,frhpBi,pq= with Domestic Partners. When awarding competitively solicited contracts.:v.a|Ued at over $100iQ.qgfuhose cofi@tors maintain 51 or more full time employees on their payrolls during ?_0 or more calendar work weqks, the Equal Benefits for Domestic Partners Ordinance 2005- 3494 requires ceftain contractors doingtusiness with tha-City of Miami Beach, who are awarded a contract pursuant to competitive proposals, t6. prgvide "EQiat Benefits" to therrpemployees with domestic partners, as they provide to employees with spouses. Th$ Ordinanie applies to all em$oyees of a Contractor who work within the City limits of the City of Miamj-.BeachJlorida; and the Contracto/s employees located in the United States, but outside of the City of Nliami aegp fiit$*-h'E=...qf,,,q directly pqrforming work on th-e contract within the City of Miami Beach. A. Qg$ your company pro*vide or offer access to any benefits to employees with spouses or to spouses of "'*er:,I;^' qfu,a-lves EuoB. DoeS=f$Urtompany provid6i r offer access to any benefits to employees with (same or opposite sex) domestic Rartners*;r#t& esticn$rsofemnloyees? f-_l f.fO C. Please check EII benefits that apply to your answers above and list in the "othe/' section any additional benefits not already specified. N.ete: some benefits are provided to employees because they have a spouse or domestic paftner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical insurance. 9. BENEFIT Firm Provides for Employees with Spouses Firm Provides for Employees with Domestic Partners Firm does not Provide Benefit Health Sick Leave Family Medical Leave Bereavement tt I nre 2o14-2eo-Yc 220 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 Manage/s decision is final. Further information on the Equal Benefits requirement is available at www. m iami beachfl . gov/procuremenU. 10. 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 provide 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 perform work as a contractor, s!4.Spfier, subcontractorg consultant under a contract with any public entity; and may not transact business with any*g;trblic CIntity in excess of fte threshold amount provided in s, 287.017 for CATEGORY TWO for a period of 36 mpdttis following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT: No additional submittal ir #t€f,fud.ey virtiie of executing this affidavit document, Proposer agrees with the requirements of Section 287.133, Floridi*,',$tatutes, and certifies it has not been placed on convicted vendor list. 11. Have you ever failed to complete any work l__l vrs awardedt:]to tou? lf so, where anffifl NO SE SUBMITTAL REQUIREM-E$-T,{yes, submit information on project, agency, agency contact and reason why contractor failed to complelE woik;l i, 12. Has a surety company eVe*Frvened to assist a govemmental agency or other client of the proposer in completing work that the proposer failed to completg? , 1.i,..,,,,,,,,=,,,,.,,,. l: ll vrs ST BMIITAL REQUIREMENT::[f yes, subffi owner names, addresses and telephone numbers, and surety and project names, fdr all projects for which,you have'performed work, where your surety has intervened to assist in completion of the project, w.l1.q, er or not a claim was made" Bankruptcy. M Proposei filed any 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. l__l vrs [_-l r.ro 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 vrs [__l ruo Wll,,P*o 13. 14. m I nre 2ot4-2eo-YG 221 15. 16" 17 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 Stockholders, 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?fl ves [---l trto 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 or indirectly, of 10o/o or more of the outstanding capital stock in any corporation or a direct or indirect interest of J{Yo or more in a firm. The term "firm" shall mean any corporation, partnership, business trust or any legal entity other than a natural person. Acknowledgement of Addendum. After issuance of solicitation, the City may releaseone or more addendum to the solicitation which may provide additional information to Proposeis or alter solicitation r6Q'uirements. 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 they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of Addendum sebtion certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure to obtain ned asknowledge receipt of all addendum may result lnitial to Confirm Receipt lnitialto Confirm Receiot lnitiAlto cd $r ReCbipt Addendum 1 Add€ndum6 Addendum 11 Addendum 2 Addendum 7 I Addendum 12 Addendum 3 Addehdum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 ,t{de,X,f,um s Addendum 10 Addendum 15 lf additional confirmation of addendum is required, submit under separate cover Remainder of Page lntentionally Left Blank. *l I nrr 2oi4-2eo-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" In 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 qualifications and acceptability of any party 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 tiqlta,!1g, the applicant's affiliates, officers, directors, shareholders, partners and employees, as requested by the City in its discretion. Jl 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 n ovid€ny.assurances as to the accuracy of any information in this solicitation. Any reliance on these contents, or on any permitted communications with City officials, shbll be at the iecipient's own risk. Proposers should rely exclusively on their own investigations, interpretations, and analyses. The solicitation is being provided b e City without any warranty cr representation, express or implied, as to its content, its accuracy, or its completeness. No warranty or representalion.is made by the City or its agents that any Proposal conforming to these requirements will be selected for consideration, negotiation or app,foval The City shall have no obligation or liability with respect to this solicitation, the selection and the award process, or whether 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 hereof. Any Proposals submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility Ut_,. . submitting such Proposal, This solicitation is made subject to correction of errors, omissi,eni;'or wrthdrawal from the marketwithout 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 f,:froposal (or Fropqmls)=s same may be modified, and the applicable definitive agreements pertaining thereto, are approved and executid by the parties;':a6then only pursuant to the terms of the definitive agreements executed among the parties. Anf,re,siponse to this solicitalion may be acmpted or rejected by the City for any reason, or for no reason, without any resultant liability to the City The City is governed by the Government-inthe-Sunsiine Law, and all Proposals and supporting documents shall be subject to disclosure as required by such law. All Proposals shall be submifted in sealed proposal form and shall remain confidential to the extent permitted by Florida Statutes, until the (-qLg=.,.q0 time selected for opening the responses. At that time, all documents received by the City shall become public records. I llr rrNt'is:l.-,;16 ,,.,,, Proposers are exrcbteO to make an iisctosures anJ iectarations as requested in this solicitation. By submission of a Proposal, the Proposer acknowledges.and,agrees that the City h$$itlie right t6'make any inquiry or investigation it deems appropriate to substantiate or supplement informationtonteined in the Proposal, and auihorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certi{i,a$ L,that the information contained in the Proposal is true, accurate and complete, to the best of its knowledge, information, and belief. - .::= :uuuuuuut: Notwithstanding the foregoih$.. - yihing co.ntained in the solicitation, all Proposers agree that in the event of a final unappealable judgment by a court of competent jurisdiction whigh imposes on the City any liability arising out of this solicitation, or any response thereto, or any action or inaction by the City with r$$ffiet-thereto, such liability shall be limited to $10,000.00 as agreed-upon and liquidated damages. The previous sentence, however, shall }iCIt 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. t* | nre 2oi4-2eo-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 Certifi cation, Questionnaire and Affidavit are true and accurate. Name of Proposeis Authorized Representative:Title of Proposeds Authorized Representative: Signature of Proposeis Authorized Representative:uarc: State of FLORIDA ) ) On this _day of _, 20_, personally appeared before me who County of ) 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: of Nz 23 | RFP 2O14-2e0-YG 224 APPENDIX B &&,4tA&Armm&tN ttNo Bid","Form DES|GN, MANUT=ffi,h/_RE AND TNSTALL REMOVABLE/RETBA ThBLE CANOPY AT NOR,T BEAqfi ND SHELL # ..i":;ill=:::lii ,' = RFP 2$]4-290-YG PROCUREMENT DIVISION l7O0 Convention Center Drive Miomi Beoch, Florido 33139 ec I nre 2ot4-29o-Yc 225 WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR REASON(S) CHECKED AND/OR INDICATED BELOW: _ Workload does not allow us to proposal _lnsufficient time to respond _ Specifications unclear or too restrictive _ Unable to meet specifications _Unable to meet service requirements _Unable to meet insurance requirements _OTHER. (Please specify) I ll rl\r We do _ do not _ want to be retained on your mailing list for future proposals of this type'F$ct andlor service. ,,. ,.,,,,., Note: Feiildfb$ r..e-pond, either by submitting a proposal or this completed form, PLEASE RETURN TO: CITY OF MIAMI BEACH DEPT. OF PROCUREMENT MANAGEMENT PROPOSAL#2014.290.YG 1700 Convention Center Drive MIAMI BEACH, FL 33139 may result ipour company being removed from our vendors list. 2e I nre 2o14-2eo-Yc 226 APPENDIX C g AAIA&AImxATH =Cost Tend rm ':::::::... 'K -',, ,,,- ,, **ot"' ,, - DESIGN, MAN U rACI'U'R,E AN n TNSTALL, ,\ R EMOHBTryR ETRACTAB LE CAN O PY AT-NEDTRI,BEACH BAN D SH ELL, ;yffa,1,,:,"],,li - tu,.- - =.._.. *%RFPffio 14-290-YG PROCUREMENT DIVISION 1700 Convention Center Drive Miomi Beoch, Florido 33139 This Cost Tender Form is to be provided in a sealed envelope submitted with the Proposal and received bv the Gitv on or before the deadline for receipt of Proposals. ea ! nre 2u4-2eo-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 Work and informed itself fully of all conditions pertaining to the place where the Work is to be done;t*het it has examined the RFP and all addenda thereto furnished before the opening of thg fibposals, as acknowledged below; and that it has satisfied itself about the Work to be Otry.X.lped; and all other required information with the proposal; and that this proposal is submitted voiuntarily and willingly. t::uut: The Proposer agrees, if this proposal is accepted, to contract wltff;.the City, a political subdivision of the State of Florida, pursuant to the-td'rms and conditions oJ the RFP and to furnish all necessary materials, equipment, m'achinery, tools, apparatus, means of transportation, and all labor necessary to construct and complete within the tim6,,liri$itb specified the Work covered by the RFP for the Project entitled: $r DESIGN, MANUFACTURE AND INSTALL REMOVABLE/RETRACTABLE CANOPY AT NORTH BF- CH BAND SHELL BrP; zpl n;2?0-YG The Proposer also agrees to furnish the rdQuired,==,,,F6d'.o.,Emanc-e Bond and Payment Bond or alternative form of security,,if permitted by the City, eaCh:foi not less than the total proposal price. ln the event of arithmdtical errors between the dirl-.,lsion totals and the total base proposal in the RFP Price Form, the Proposer agrees that the total base proposal shall govern. ln the event of a discrepancy,between the numerical total base proposal and the written total base proposal, the written ta bH$- proposal shall goveih.'{n.absence of totals submitted for any division cost, the Cityshall interpre,tfiiff. ;Oropo--al for the division, which may disqualify the Proposer. Name of Propose/s Authorized Representative: ..:.4.::::.4.::::= .iti Title of Proposeis Authorized Representative: Signature of Proposei5 Authorized Representative: t.,. $ 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 inskument 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: Notary Public for the State of Florida County of My Commission Expires: 228 Section 2 - GUARANTEED MAXIMUM PRICE (GMP) FORM DESIGN, MANUFACTURE AND INSTALL REMOVABLEIRETRACTABLE CANOPY AT NORTH BEACH BAND SHELL RFP 20r 4-290-YG - t.Tr,Et, shall indii-- aOOitiona,l cost necessary to complete proposed design. wnlrtEN foTAL: 4fi t ,t':'. PROPOSER'fP,rint): ADDRESS: Ef,. 1 Design, Furnish and lnstall Removable/Retractable Ganopy at North Beach Bandshell (as prooosed). 1 .::il7 2 Remova!, Storage and Re-install (if not proposinq retractable) I pqffil* OccurrEtlte 3 WarrantyYears 1 - 5 5 Per Year= 4 Yearly Maintenance 5 Per Year 5*.'%#Nu* 6* 7* 8* 9* CITY/STATE: =ZIP: FEDERAL I.D. #: NAME/TITLE OF REPRESENTATIVE (Print): SIGNED: (l certify that I am authorized to execute this proposal and commit the proposing firm) 2S I RFP 2014-2eO-YG 229 \;h ,,,; lnsuroncd RequiB ents APPENDIX D &ffir&&ArmH&tr{ ',1,., . RFP 201 4-290-YG DESIGN- i FACT.URE AND INSTALL R EMOVAB LE/R EIRACTAB LE CAN O PY =,,. AT NeRTITIBEACH BAND SHELL PROCUREMENT DIVISION 1700 Convention Center Drive Miomi Beoch, Florido 33139 ze I nre 2o14-2eo-Yc 230 g MIAIIAI BIACH The contractor shall furnish to Department of Procurement, City of Miami Beach, 1700 Convention Center Drive, 3d 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 Gompensation lnsurance for all employees of the vendor as required by Florida Statute 440. B. Commercial General Liability on a comprehensive basis, including Contractual Liability, Products/Completed Operations, in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. City of..$[ianil'rBeach must be shown as an additional insured with respect to this coverage. C" Automobile Liability lnsurance covering all owned, non-owtred and hired vehicles used in connection with the work, in an amount not less than $1i,S00,000 combined single limit per occurrence for bodily injury and property damage.D. lnstallation Floater Insurance for the completed value of thd'project, in0litliling coverage for material & equipment to be installed during the-course of this project. City of Miami Beach shall be included as a Named lnsured on this policy, as its insurable interest may appear. This policy shall remain in force until'acceptance of the project by the City.E. Professional Liability lnsurance in an amount not less than $1,000,000 with the deductible per claim, if any, not to exceed 10% of tnpof iability. Contractor agrees to waive subrogation in Qgglof the City. All deductibles for insurance required in the Agreement are the responsibility of the Contraijgr. .' , ,,.. The insurance coverage required snall inclJd..iiEF=A""fications, ,. f irt"O in standard liability insurance manuals, which most nearly reflect thei'gperaffi'of$e vendor. All insurance policies required above shall be issreO iV .orprnies autnorir"d to do business under the laws of the State of Florida, with the following qualifications: The company must be rated flo less than "B" as to management, and no less than "Class V" as to financial str6n$th, bV the latest edition'of Best's lnsurance Guide, published by A.M. 8pfi,f,[Q.gppany, Oldwick, New Jersey, or its equivalent, subject to the approval of the City RiSk Mahagement Division. ;. .,r [he company mud'ti,ffi#ld a valid,Florida Certificate of Authority as shown in the latest "List'" df All lnsurance Com$'dhies Authorized or Approved to Do Business in Florida" issued by the $tale of Florida Department of lnsurance and are members of the Florida Guaranty Fund. .--. = Certificates will inffie no modiiication or change in insurance shall be made without thirty (30) days in advance notice to the+brtifi holder. CERTIFICATE HOLDER TTllUST READ: CITY OF MIAMI BEACH 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. 231 THIS PAGE INTENTIONALLY LEFT BLANK 232