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HomeMy WebLinkAboutRFQ 19-11-01 Prof Eng and Arch Srvcs Ped Bridge REVISED City of Sunny Isles Beach |Request for Qualifications No. 19-11-01 1 Request for Qualifications No. 19-11-01 Professional Services RFQ 19-11-01 PROFESSIONAL ENGINEERING AND ARCHITECTURAL SERVICES FOR PEDESTRIAN BRIDGE WITH PARK ELEMENTS ACROSS A1A AT 174TH ST. -CCNA Advertisement Date: Wednesday, November, 20, 2019 Non-Mandatory Pre-proposal Conference Tuesday, December, 3, 2019 at 10:00 AM All Questions Due: Tuesday, December 10, 2019 by 5:00 PM Submission due date: Friday, December 20, 2019 at 2:30 PM Submit to: Attn: City Clerk Sunny Isles Beach Government Center 18070 Collins Avenue, 4th Floor Sunny Isles Beach, Florida 33160 City of Sunny Isles Beach |Request for Qualifications No. 19-11-01 2 TABLE OF CONTENTS CONTENTS: PAGE # Table of Contents………………………………………………………………………………….……..……….… Page 2 Legal Advertisement/Notice to Respondents……………………………………….……………………… Page 3 Instructions to Respondents / General Terms …………………………..……..….….… Section 1, Page 4 Special Terms & Conditions………………………………………………….…………………… Section 2, Page 9 Scope of Work / Technical Specifications……………………………………………………. Section 3, Page 17 Evaluation Process……………………………………………….………………………………….. Section 4, Page 20 Request for Qualification Format ……………………………………………….…………….… Section 5, Page 22 Respondents Submittal Form ……………………………………………….……….….…….… Section 6, Page 29 Attachment Attachment A- SIB 174 Street Overpass Planning Study 032719 Attachment B- SIB Pedestrian Park Bridge Feasibility Study v1f w Appendix Attachment C- 600 WT Easements Attachment D- SF330 Affidavits Non-Collusive Affidavit …..……………………………………………………………..………………………… Page 1 of 8 Public Entity Crimes…..……………………………………………………………..…………….….…………… Page 2 of 8 Equal Opportunity / Affirmative Action Statement……………..……………….………….………….. Page 4 of 8 Conflict of Interest Statement……………..……………….………….………………………………………. Page 5 of 8 Dispute Disclosure Form ……………..……………….………….…..……………….………….……………. Page 6 of 8 Anti-Kickback Affidavit …………..……………….………….…..……..……..………….………….………… Page 7 of 8 Contractor Anti-Boycott…………………………………………………………………………………………… Page 8 of 8 City of Sunny Isles Beach |Request for Qualifications No. 19-11-01 3 LEGAL ADVERTISEMENT NOTICE TO RESPONDENTS NOTICE IS HEREBY GIVEN that the City of Sunny Isles Beach is seeking sealed submittals for the following work as specified: RFQ 19-11-01 PROFESSIONAL ENGINEERING AND ARCHITECTURAL SERVICES FOR PEDESTRIAN BRIDGE WITH PARK ELEMENTS ACROSS A1A AT 174TH ST. CCNA The Specifications for this Request for Qualifications are available from DemandStar by calling (800) 711- 1712 or by accessing their website at www.demandstar.com. The Specifications may also be examined at the City of Sunny Isles Beach – Office of the City Clerk. Firms who obtain the Specifications from sources other than DemandStar or the City of Sunny Isles Beach are cautioned that their response package may be incomplete. Addenda will be posted and disseminated by DemandStar at least five days prior to the submittal date to all firms who are listed on the official list. The City may not accept incomplete submissions. Sealed submittals will be received by the City Clerk no later than Friday, December 20, 2019 at 2:30 PM at the Sunny Isles Beach Government Center located at 18070 Collins Avenue , 4th floor, Sunny Isles Beach, Florida, 33160. The City is under no obligation to return Submittals. Responses will be publicly opened and firm names read aloud at that time. The envelope containing the sealed RFQ must be clearly marked: RFQ 19-11-01 PROFESSIONAL ENGINEERING AND ARCHITECTURAL SERVICES FOR PEDESTRIAN BRIDGE WITH PARK ELEMENTS ACROSS A1A AT 174TH ST. CCNA Request for Qualifications No. 19-11-01 OPENING DATE AND TIME: Friday, December 20, 2019 at 2:30 PM Non-Mandatory pre-proposal meeting on Tuesday, December 3, 2019 at 10:00 AM, First Floor Conference Room at the City of Sunny Isles Beach, Government Center located at 18070 Collins Ave nue, Sunny Isles Beach, Florida 33160. The City reserves the right to reject any or all submittals, with or without cause, to waive technical errors and informalities, and to accept the submittal determined to be in the best interest of the City and pursuant to the requirements set forth in the Consultants’ Competitive Negotiation Act (“CCNA”), Section 287.055, Florida Statutes. All questions regarding the Request for Qualifications No. 19-11-01 shall be directed in writing to Mauricio Betancur, CMC, City Clerk, no later than Tuesday, December 10, 2019. Questions may be submitted via email to: MBetancur@sibfl.net or via facsimile (305) 792-1563 or via regular mail at: Mauricio Betancur, CMC, City Clerk, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, FL 33160. Pursuant to Florida Statutes 119.071, sealed bids, proposals or replies by an agency pursuant to a competitive solicitation are exempt from inspection until such time as the agency provides notice of an intended decision or until thirty (30) days after the opening of the bids, proposals, or final replies, whichever is e arlier. Mauricio Betancur, CMC, City Clerk, City of Sunny Isles Beach City of Sunny Isles Beach |Request for Qualifications No. 19-11-01 4 SECTION 1 INSTRUCTIONS TO RESPONDENTS / GENERAL TERMS AND CONDITIONS THESE INSTRUCTIONS ARE STANDARD FOR ALL REQUEST FOR QUALIFICATIONS ISSUED BY THE CITY OF SUNNY ISLES BEACH. THE CITY OF SUNNY ISLES BEACH MAY DELETE, SUPERSEDE OR MODIFY ANY OF THESE STANDARD INSTRUCTIONS FOR A PARTICULAR CONTRACT BY INDICATING SUCH CHANGE IN SPECIAL INSTRUCTIONS TO QUALIFERS. ANY AND ALL SPECIAL CONDITIONS THAT MAY VARY FROM THE GENERAL CONDITIONS SHALL HAVE PRECEDENCE. FIRM AGREES THAT THE PROVISIONS INCLUDED WITHIN THIS RFQ SHALL PREVAIL OVER ANY CONFLICTING PROVISION WITHIN ANY STANDARD FORM CONTRACT OF THE QUALIFER REGARDLESS OF ANY LANGUAGE IN QUALIFER’S CONTRACT TO THE CONTRARY. 1.1 CLARIFICATION/EXPLANATION/QUESTIONS: Any questions concerning this Request for Qualifications or any required need for clarification must be made to Mauricio Betancur, CMC, City Clerk via email to: mailto:MBetancur@sibfl.net or via facsimile (305) 792-1563 or via regular mail at: Mauricio Betancur, MMC, City Clerk, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, FL 33160. Such requests for clarification/explanation or questions must be made in writing to Mauricio Betancur, MMC, City Clerk, at least five (5) business days prior to the date of the Bid opening. Interpretations or clarifications considered necessary by the City will be issued by addenda and posted/disseminated by DemandStar (www.demandstar.com) to all parties listed on the official plan holders’ list as having received the Request for Qualification documents. Only questions answered by written addenda shall be binding. Oral interpretations or clarifications shall be without legal effect. No plea of ignorance or delay or required need of additional information shall exempt a Respondent from submitting their submission on the required date and time as publicly noted. 1.2 PLAN HOLDER’S LIST: As a convenience to vendors, the City of Sunny Isles Beach has made available via Internet lists of all plan holders for each Request for Qualifications. The information is available on-line at www.demandstar.com or by calling the Office of the City Clerk at (305) 792-1703. 1.3 ADDENDA TO SPECIFICATIONS: If any addenda are issued after the initial specifications are released, the City will post and disseminate the addenda through DemandStar. For those projects with separate plans, blue prints, or other materials that cannot be accessed through the internet, the Office of the City Clerk will make good faith effort to ensure that all registered firms (those who have been registered as receiving qualifications) receive the documents. It is the responsibility of the firm prior to the submission of any Submittal to check the above website or contact the Office of the City Clerk at (305) 792-1703 to verify any addenda issued. The receipt of all addenda’s must be acknowledged on the ACKNOWLEDGEMENT OF ADDENDA sheet. 1.4 SPECIAL ACCOMMODATIONS: Any person requiring a special accommodation at a RFQ opening because of a disability should call the Office of the City Clerk at (305) 792-1703 at lease five (5) days prior to the Pre-Qualifications Conference or RFQ opening. If you are hearing or speech impaired, please contact the Office of the City Clerk by calling the City of Sunny Isles Beach using the Florida Relay Service which can be reached at 1(800) 955-8771 (TDD). 1.5 PUBLIC ENTITY CRIMES STATEMENT: Pursuant to the provisions of paragraph (2) (a) of section 287.133, Florida statutes -"a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a submittal on a contract to provide any goods or services to a public entity, may not submit a submittal on a contract with a public entity for the construction or repair of a public Facility or public work, may not submit submittals on leases of real property to a public entity, may not be awarded to perform work as a Contractor, supplier, sub-Contractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in section 287.107, for category two for a period of 36 months from the date of being placed on the convicted vendor list”. 1.6 RESPONDENT DEADLINE: Package must be submitted no later than the time and date shown within this document. 1.7 SEALED BID: Intentionally Omitted 1.8 QUALIFICATION EXECUTION, SIGNATURES, ERASURE/CORRECTION: All submissions shall be signed in blue ink. All corrections made by the firms prior to the opening must be initialed and dated by the firms. No changes or corrections will be allowed after RFQ’s are opened. Submissions must contain an original, manual signature of an authorized representative of the company. 1.9 WITHDRAWAL OF SUBMISSIONS: Qualified Firms may withdraw submissions only by written request and shall forward the withdrawal request via “Certified U.S. Mail – Return Receipt Requested” prior to opening time. Negligence on the part of the Firm in preparing the document confers no right for the withdrawal of the submission after it has been opened. 1.10 SUBMISSION OPENING: Submissions will be opened publicly at the time and place stated in the Notice to Qualifier. It is the responsibility of the Firm, to insure that the submission reaches the Office of the City Clerk on or before the closing hour and date stated on the Request for Qualifications. After the submission opening, the names of the submitting Firms will be made public for the information of firms and other interested parties who may be present either in person or by representative. Submissions that are received after the opening time will not be considered and will not be returned. 1.11 EVALUATION OF SUBMISSIONS: The City, at its sole discretion, reserves the right to inspect any/all Firms facilities to determine their capability of meeting the requirements for the Contract. Also, responsibility, and responsiveness of the Firm, the financial position, experience, staffing, equipment, materials, references, and past history of service to the City and/or with other units of state, and/or local governments in Florida, or comparable private entities, will be taken into consideration in the Award of the Contract. 1.11.1 Hold Harmless: All Firm’s shall hold the City, it's officials and employees harmless and covenant not to sue the City, it's officials and employees in reference to their decisions to reject, award, or not award a submission, as applicable. 1.11.2 Cancellation: Failure on the part of the Firm to comply with the conditions, specifications, requirements, and terms as determined by the City, shall be just cause for cancellation of the Award. City of Sunny Isles Beach |Request for Qualifications No. 19-11-01 5 1.11.3 Disputes: If any dispute concerning a question of fact arises under the Contract, other than termination for default or convenience, the Contractor and the City department responsible for the administration of the Contract shall make a good faith effort to resolve the dispute. If the dispute cannot be resolved by agreement, then the department with the advice of the City Attorney shall resolve the dispute and send a written copy of its decision to the Contractor, which shall be binding on both parties. 1.12 PERFORMANCE BOND: Intentionally Omitted 1.13 PAYMENTS: Payment will be made after commodities/services have been received, accepted, and properly invoiced as indicated in the contract and/or purchase order. The City holds a firm stance on our standard NET 30 payment terms and the responding firm shall understand and accepts this. All invoices must bear the purchase order number. 1.14 BRAND NAMES: Intentionally Omitted 1.15 MATERIAL: Intentionally Omitted 1.16 SAMPLES: Intentionally Omitted 1.17 QUANTITY GUARANTY: Intentionally Omitted 1.18 GOVERNMENTAL RESTRICTIONS ON MATERIALS: Intentionally Omitted 1.19 SAFETY STANDARDS: Intentionally Omitted 1.20 WARRANTIES: Intentionally Omitted. 1.21 COPYRIGHTS/PATENT RIGHTS: Intentionally Omitted 1.22 LOCAL BUSINESS TAX (OCCUPATIONAL LICENSE REGISTRATION): The firm shall be responsible for obtaining and maintaining throughout the contract period his or her city and county local business tax receipts. Each Firm submitting a submittal on this Request for Qualifications shall include a copy of the company’s local business tax/occupational license(s) with the qualifiers response. For information specific to City of Sunny Isles Beach local business tax/occupational licenses, please call Code Enforcement & Licensing at (305) 792-1705. If the contractor is operating under a fictitious name as defined in Section 865.059, Florida Statutes, proof of current registration with the Florida Secretary of State shall be submitted. A business formed by an attorney actively licensed to practice law in this state, by a person actively licensed by the Department of Business and Professional Regulations or the Department of Health for the purpose of practicing his or her licensed profession, or by any corporation, partnership, or other commercial entity that is actively organized or registered with the Department of State shall submit a copy of the current licensing from the appropriate agency and/or proof of current active status with the Division of Corporations of the State of Florida. 1.23 LIABILITY, INSURANCE, PERMITS AND LICENSES: Firms shall assume the full duty, obligation, and expense of obtaining all necessary licenses, permits, inspections, and insurance required. The Firm shall be liable for any damages or loss to the City occasioned by negligence of the Firm (or their agent) or any person the Firm has designated in the completion of their contract as a result of the submission. Firm shall be required to furnish a copy of all licenses, certificates of competency or other licensor requirements necessary to practice their profession as required by Florida State Statute, Miami-Dade County, and City of Sunny Isles Beach Code. Firm shall include current Miami-Dade County Certificates of Competency. These documents shall be furnished to the City along with the Firms response. Failure to furnish these documents or to have required licensor will be grounds for rejecting the submission. 1.24 CERTIFICATE(S) OF INSURANCE: Firm shall furnish to the Office of the City Clerk, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida 33160, certificate(s) of insurance which indicate that insurance coverage has been obtained from an insurance company authorized to do business in the State of Florida or otherwise secured in a manner satisfactory to the City, for those coverage types and amounts listed in this document, in an amount equal to 100% of the requirements and shall be presented to the City prior to issuance of any Contract(s) or Award(s) Document(s). The City of Sunny Isles Beach shall be named as "additional insured" with respect to this coverage. The required certificates of insurance shall not only name the types of policies provided, but shall also refer specifically to this and section. At the time of Firms submission the Firm must submit certificates of insurance as outlined in the General Conditions section. All required insurances shall name the City of Sunny Isles Beach as additional insured and such insurance shall be issued by companies authorized to issue insurance in the State of Florida. It shall be the responsibility of the Firm and insurer to notify the City Manager of the City of Sunny Isles Beach of cancellation, lapse, or material modification of any insurance policies insuring the Firms, which relate to the activities of such vendor and the City of Sunny Isles Beach. Such notification shall be in writing, and shall be submitted to the City finance support service director thirty (30) days prior to cancellation of such policies. This requirement shall be reflected on the certificate of insurance. Failure to fully and satisfactorily comply with the city's insurance and bonding requirements set forth herein will authorize the City Manager to implement a rescission of the Bid award without further City Commission action. The Firm hereby holds the City harmless and agrees to indemnify City and covenants not to sue the City by virtue of such rescission. 1.25 ASSIGNMENT: The Firm shall not transfer or assign the performance required by this RFQ without the prior written consent of the City Manager. Any award issued pursuant to the Request for Qualifications and monies, which may be due hereunder, are not assignable except with prior written approval of the City Manager. Further, in the event that the majority ownership or control of the Firm changes hands subsequent to the award of this contract, Firm shall promptly notify City in writing (via United States Postal Service – Certified Mail, Return Receipt Requested) of such change in ownership or control at least thirty (30) days prior to such change and City shall have the right to terminate the contract upon sixty (60) days written notice, at City’s sole discretion. 1.26 HOLD HARMLESS/INDEMNIFICATION: The Firm shall indemnify, hold harmless, and defend the City of Sunny Isles Beach, it's officers, agents and employees from and against any claims, demands or causes of action of whatsoever kind or nature arising out of error, omission, negligent act, conduct, or misconduct of the Contractor, their agents, servants or employees in the provision of goods or the performance of services pursuant to this RFQ and / or from any procurement decision of the City including without limitation, awarding the Contract to the Firm. City of Sunny Isles Beach |Request for Qualifications No. 19-11-01 6 1.27 NON-CONFORMANCE TO CONTRACT: Intentionally Omitted 1.28 DEFAULT PROVISION: In case of default by the Firm, the City of Sunny Isles Beach may procure the articles or services from other sources and hold the Firms responsible for any excess costs occasioned or incurred thereby. 1.29 SECONDARY/OTHER FIRMS: Intentionally Omitted. 1.30 DEFINITIONS: Wherever used in these General Conditions or in the other Contract Documents, the following terms shall have the meaning indicated which shall be applicable to both the singular and plural thereof: Acceptance: Acceptance by the City of the Work as being fully complete in accordance with the Contract Documents subject to waiver of claims. Agreement: The written Agreement between the City and the Contractor covering the Work to be performed, which includes the Contract Documents. Addenda: Written or graphic instruments issued prior to the Bid Opening, which modify or interpret the Contract Documents, Drawings and Specifications, by addition, deletions, clarifications or corrections. Approved: Means approved by the City. Firm: Any person or corporation submitting a package for RFQ Work. Bonds: Bid, performance bond and other instruments of security, furnished by the Contractor and their surety in accordance with the Contract Documents and in accordance with the law of the State of Florida. Change Order: A written order to the Contractor signed by the City authorizing an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued after execution of the Agreement. City: City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida 33160. Contract Documents: Contract Documents shall include, Instructions to Firms, Contractor's Bid, the Bonds, the Notice of Award, the Agreement between the City and Contractor as well as any addenda thereto, these General Conditions, Special Conditions, the Technical Specifications, Drawings and Modifications, Notice to Proceed, Request for Qualifications, Insurance Certificates, Change Orders and Acknowledgment of Conformance with the City of Sunny Isles Beach. Contract Price: The total monies payable to the Contractor under the Contract Documents. Contract Time: The number of calendar days stated in the Agreement for the completion of the Work. Contracting Officer: The individual who is authorized to sign the contract documents on behalf of the City’s governing body. Contractor: The person, firm or corporation with whom the City has executed this Agreement. Day: A calendar day of twenty-four hours measured from midnight to the next midnight. Field Order: A written order issued by the City which clarifies or interprets the Contract Documents or orders minor changes in the Work. Modification: Modification means any one of the following: (a) a written amendment of the Contract Documents signed by both parties, (b) a Change Order, (c) a written clarification or interpretation if issued by the City, or (d) a written order for minor change or alteration in the Work issued by the City. A modification may only be issued after execution of the Agreement. Notice of Award: The written notice by City to the apparent successful Firms stating that upon compliance with the conditions precedent to be fulfilled by him within the time specified, City will execute and deliver the Agreement to him. Samples: Physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. Specifications: Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work. Statement of Services: The form furnished by the City which is to be used by the Contractor in requesting progress payments. Supplier: Any person or organization that supplies materials or equipment for the Work, including that fabricated to a special design, but who does not perform labor at the site. Work: Any and all obligations, duties and responsibilities necessary to the successful completion of the Project assigned to or undertaken by Contractor under the Contract Documents, including all labor, materials, equipment and other incidentals, and the furnishing thereof. Written Notice: The term “Notice” as used herein shall mean and include all written notices, demands, instructions, claims, approvals and disapprovals required to obtain compliance with Contract requirements. Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm City of Sunny Isles Beach |Request for Qualifications No. 19-11-01 7 or to an officer of the corporation for whom it is intended, or to an authorized representative or such individual, firm, or corporation, or if delivered at or sent by registered mail to the last business address known to them who gives the notice. Unless otherwise stated in writing, any notice to or demand upon the City under this Contract shall be delivered to the City. 1.31 REQUEST FOR QUALIFICATION AWARD: The City reserves the right to reject any and all submissions at its sole discretion. The City shall award contract after the City performs all necessary searches, inquiries, exploration, and analysis of the submissions. The award of the contract shall be done in accordance with the Consultants’ Competitive Negotiation Act (“CCNA”), Section 287.055, Florida Statutes. No Notice of Award will be given until the City has concluded any investigation(s) as they deem necessary to establish the Firm’s capability to perform the Services as described in this RFQ as substantiated by the required professional experience, client references, technical knowledge and qualifications; and sufficient labor and equipment to comply with the City’s established standards, as well as the financial capability of the Firms to perform the Work in accordance with the Contract Documents to the satisfaction of the City within the time prescribed. The City reserves the right to reject the submissions of any Firms on the basis of these queries and investigations and to reject those who do not meet the City’s satisfaction. When analyzing submissions, the City will take into consideration client references, past work experience and work product, proven ability to satisfactorily perform. If the Contract is awarded, the City will issue the Notice of Award and give the successful Firm a Contract for execution within ninety (90) days after opening of submissions. 1.32 EXECUTION OF AGREEMENT: At least four counterparts of the Agreement, the Certificates of Insurance and such other Documents as required by the Contract Documents shall be executed and delivered by the Firm to the City within ten (10) calendar days of receipt of the Notice of Award. 1.33 LAWS AND REGULATIONS: The Firm will give all notices and comply with all laws, ordinances, rules and regulations applicable to the Work. If the Firm observes that the Specifications are at variance therewith, they will give the City prompt written notice thereof, and any necessary changes shall be adjusted by an appropriate modification. If the Firm performs any Work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the City, they will bear all costs arising wherefrom. 1.34 TAXES: The City of Sunny Isles Beach is exempt from sales tax imposed by the State and/or Federal Government. Florida Sales Tax Exemption No. 23-00-477131-54C appears on each purchase order. Exemption certificates are available upon request. 1.35 DUTY TO DEFEND, INDEMNIFY AND SAVE HARMLESS: In consideration of the separate sum of twenty-five dollars ($25.00) and other valuable consideration, the Firm shall defend, indemnify and hold harmless the City, its officers, agents and employees, from or on account of any injuries or damages, received or sustained by any person or persons during or on account of any operations connected with the Work described in the Contract Documents, or by or in consequence of any negligence in connection with the same; or by use of any improper materials or by or on account of any act or omission of the said Firm, agents, servants or employees. The Firm will defend, indemnify and hold harmless the City and their agents or employees from and against all claims, damages, losses and expenses including attorneys' fees arising out of or resulting from the performance of the Work, provided that any such claim damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than Work itself) including the loss of use resulting wherefrom and (b) is caused in whole or in part by any negligent act or omission of the Firm or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused by a party indemnified hereunder. In the event that a court of competent jurisdiction determines that Sec. 725.06 (2), F.S. is applicable to this Work, then in lieu of the above provisions of this section the parties agree that Firm shall indemnify, defend and hold harmless the City, their officers and employees, to the fullest extent authorized by Sec. 725.06 (2) F.S., which statutory provisions shall be deemed to be incorporated herein by reference as if fully set forth herein. In the event that any action or proceeding is brought against City by reason of any such claim or demand, Firm, upon written notice from City shall defend such action or proceeding by counsel satisfactory to City. The indemnification provided above shall obligate Firm to defend at its own expense or to provide for such defense, at City’s option, any and all claims of liability and all suits and actions of every name and description that may be brought against City, excluding only those which allege that the injuries arose out of the sole negligence of City, which may result from the operations and activities under this Contract whether the Work be performed by Firm or by anyone directly or indirectly employed by either. 1.36 DECISIONS ON DISAGREEMENTS: The City will be the initial interpreter of the Technical Specifications. 1.37 CITY MAY TERMINATE: If the Firm is adjudged bankrupt or insolvent, or if they make a general assignment for the benefit of their creditors, or if a trustee or receiver is appointed for the Firm or for any of their property, or if they file a petition to take advantage of any debtor’s act, or to reorganize under bankruptcy or similar laws, or if they fail to supply sufficient skilled workmen or equipment, or if they disregard laws, ordinances, rules, regulations or orders of any public body having jurisdiction, or if they disregard the authority of the City, of if they otherwise violate any provision of, the Contract Documents, then the City may, without prejudice to any other right or remedy and after giving the Firm ten (10) days written notice and terminate the services of the Firm if they fail to cure the noted violations within this day cure period. In such case the Firm shall only be paid for Work satisfactorily performed up to the effective date of termination. 1.37.1 Where the Firm’s services have been so terminated by the City said termination should not affect any rights of the City against the Firm then existing or which may thereafter accrue. Any retention or payment of moneys by the City due the Firm will not release the Firm from liability. 1.37.2 Upon ten (10) days written notice to the Firm, the City may, without cause and without prejudice to any other right or remedy, elect to terminate the Agreement without cause. In such case, the Firm shall be paid for all Work satisfactorily performed and accepted by the City as of the effective date of the termination. No payment shall be made for lost profit or any other consequential damages for Work that has not been performed regardless of whether Firm is terminated with or without cause. 1.38 MISCELLANEOUS: Firm acknowledge the following miscellaneous conditions: 1.38.1 Whenever any provision of the Contract Documents requires the giving of written notice it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to them who gives the notice. City of Sunny Isles Beach |Request for Qualifications No. 19-11-01 8 1.38.2 The Contract Documents shall remain the property of the City. The Firm shall have the right to keep one record set of the Contract Documents upon completion of the Project. 1.38.3 The duties and obligations imposed by these General Conditions, Special Conditions and Supplemental Conditions and the rights and remedies available hereunder, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon Firm and those in the Special Conditions and the rights and remedies available to the City, shall be in addition to, and shall not be construed in any way as a limitation of, any rights and remedies available by law, by special guarantee or by other provisions of the Contract Documents. 1.38.4 Should the City or the Firm suffer injury or damage to its person or property because of any error, omission, or act of the other or of any of their employees or agents or others for whose acts they are legally liable, claim shall be made in writing to the other party within a reasonable time of the first observance of such injury or damage. 1.39 WAIVER OF JURY TRIAL: City and Firm knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, lawsuit or counterclaim based upon the Contract Documents or the performance of the Work there under. GOVERNING LAW: The Contract shall be construed in accordance with and governed by the law of the State of Florida. 1.41 VENUE: Venue of any action to enforce the Contract Documents shall be in Miami-Dade County, Florida. 1.42 PROJECT RECORDS: City shall have right to inspect and copy during regular business hours at City’s expense, the books and records and accounts of Firm which relate in any way to the Work, and to any claim for additional compensation made by Firm, and to conduct an audit of the financial and accounting records of Firm which relate to the Work. Firm shall retain and make available to City all such books and records and accounts, financial or otherwise, which relate to the Work and to any claim for a period of three years following final completion of the Work. During the Work and the three-year period following final completion of the Work, Firm shall provide City access to its books and records upon five days written notice. 1.43 SEVERABILITY: If any provision of the Contract or the application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of the Contract, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 1.44 INDEPENDENT FIRM: The Firm is an independent contractor under the Contract. Services provided by the Firm shall be by employees of the Firm and subject to supervision by the Firm, and not as officers, employees, or agents of the City. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures, applicable to services rendered under the Contract shall be those of the Firm. 1.45 PROHIBITION AGAINST CONTINGENT FEES (a) Each contract entered into by the agency for professional services must contain a prohibition against contingent fees as follows: “The architect (or registered surveyor and mapper or professional engineer, as applicable) warrants that he or she has not employed or retained any company or person, other than a bona fide employee working solely for the architect (or registered surveyor and mapper, or professional engineer, as applicable) to solicit or secure this agreement and that he or she has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the architect (or registered surveyor and mapper or professional engineer, as applicable) any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this agreement.” For the breach or violation of this provision, the agency shall have the right to terminate the agreement without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. (b) Any individual, corporation, partnership, firm, or company, other than a bona fide employee working solely for an architect, professional engineer, or registered land surveyor and mapper, who offers, agrees, or contracts to solicit or secure agency contracts for professional services for any other individual, company, corporation, partnership, or firm and to be paid, or is paid, any fee, commission, percentage, gift, or other consideration contingent upon, or resulting from, the award or the making of a contract for professional services shall, upon conviction in a competent court of this state, be found guilty of a first degree misdemeanor, punishable as provided in s. 775.082 or s. 775.083.(c) Any architect, professional engineer, or registered surveyor and mapper, or any group, association, company, corporation, firm, or partnership thereof, who offers to pay, or pays, any fee, commission, percentage, gift, or other consideration contingent upon, or resulting from, the award or making of any agency contract for professional services shall, upon conviction in a state court of competent authority, be found guilty of a first degree misdemeanor, punishable as provided in s. 775.082 or s. 775.083.(d) Any agency official who offers to solicit or secure, or solicits or secures, a contract for professional services and to be paid, or is paid, any fee, commission, percentage, gift, or other consideration contingent upon the award or making of such a contract for professional services between the agency and any individual person, company, firm, partnership, or corporation shall, upon conviction by a court of competent authority, be found guilty of a first degree misdemeanor, punishable as provided in s. 775.082 or s. 775.083. 1.46 NEWS RELEASES The firm shall obtain the prior approval of the City Manager’s Office of all news releases or other publicity pertaining to this RFQ, the service, or project to which it relates. End of Section City of Sunny Isles Beach |Request for Qualifications No. 19-11-01 9 Section 2 Special Terms and Conditions 2.1 PURPOSE OF REQUEST FOR QUALIFICATIONS: The City of Sunny Isles Beach (the “City”) is seeking a licensed professional engineering and architectural consultant firm (the “Firm” or “Consultant”) experienced in the engineering and design of a pedestrian bridge. The intended 174th St. and Collins Avenue Bridge Park is based on an innovative conceptual design prepared under the Sunny Isles Beach 174th Street Pedestrian Overpass Planning Study and the 2016 Transportation Master Plan. The concept design merged the studies’ results in an efficient, safe, and attractive manner. Collins Ave (A1A) and 174th Street intersection, is one of the most heavily travelled intersections by pedestrians and vehicles within the City. This concept design recommends an open and elevated bridge park , spanning east and west, over the south side of the intersection to accommodate for vehicular improvements at the surface level and to bring the pedestrian to an elevated plane for an enhanced crossing experience reflected as an extension of the Samson Beachfront Park. Engineering and Architectural services for this RFQ include but are not limited to architectural, structural, traffic, civil, landscaping and irrigation, geotechnical, surveying, mechanical (including oversized elevators), electrical and lighting, plumbing, and environmental. The 2016 Transportation Master Plan can be found at https://www.sibfl.net/transportationmasterplan/ The Sunny Isles Beach 174th Street Pedestrian Overpass Planning Study can be found at https://csib-my.sharepoint.com/:b:/g/personal/bigateway_sibfl_net/EVg1Fb- Yn29GkJmRW8DQjI0BG6u2drEKSAbWpEo8-osYxQ?e=sO712x 2.2 PRE-PROPOSAL CONFERENCE A Non-Mandatory meeting is scheduled for Tuesday, December 3, 2019 at 10:00 AM, First Floor Conference Room at the City of Sunny Isles Beach, Government Center located at 18070 Collins Avenue, Sunny Isles Beach, Florida 33160. No claim of ignorance by the Consultant of the conditions that exist, or that may hereinafter exist as a result of failure to make the necessary examinations or investigations or failure to fulfill in every detail the requiremen ts of the contract documents, will be accepted as basis for varying the requirements of the City of Sunny Isles Beach. Oral statements may not be relied upon and will not be bindin g or legally effective. As such an addendum will be issued if any alterations are made to the specifications contained herein. 2.3 TERM OF CONTRACT This contract will commence upon execution by both parties which shall be the effective date succeeding approval of the contract by the City Commission, or City Manager, unless otherwise City of Sunny Isles Beach |Request for Qualifications No. 19-11-01 10 stipulated in the Notice of Award letter. Prior to initiating the performance of any services under this Agreement, Consultant must receive a written Notice to Proceed from the City Manager prior to beginning the performance of services. The contract shall be contingent upon the completion and submittal of all required documents. However, in the event funding is not appropriated on an annual basis during any particular year within the contract period, the contract may be canceled upon thirty (30) days written notice to Firm. In such an event, the City shall only be responsible for the reasonable value of services performed prior to the effective date of termination. 2.4 OPTIONS TO RENEW The initial contract term shall be for two (2) years for the professional services. The City, at its sole option, may renew the contract for three (3) one-year renewal terms. Exercising the option to renew is at the sole discretion of the City. 2.5 METHOD OF AWARD Refer to Section 4 2.6 PERFORMANCE AND PAYMENT BOND Intentionally Omitted 2.7 BID BOND Intentionally Omitted 2.8 DELIVERY Intentionally Omitted 2.9 INSURANCE Upon City’s notification, the Firm shall furnish to the City Manager, Certificates of Insurance that indicates that insurance coverage has been obtained for the duration of the contract, and 2 years after the completion of the construction project, which meet the requirements as outlined below: 2.9.1 Comprehensive General Liability Insurance Contractor shall be required to purchase, maintain, and keep in full force, effect, and good standing, Comprehensive General Liability with primary limits of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate during the initial and any renewal term of this Agreement. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Off ice, and must include: City of Sunny Isles Beach |Request for Qualifications No. 19-11-01 11 • Premises and Ongoing Completed Operations – on a primary and non-contributory basis including waiver of subrogation on behalf of the City of Sunny Isles Beach. • Independent Contractors • Broad Form Property Damage • Broad Form Contractual Coverage applicable to this specific Contract, including any hold Harmless and/or indemnification agreement. Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. 2.9.2 Umbrella Insurance Contractor shall be required to purchase, maintain, and keep in full force, effect, and good standing, Umbrella Liability Insurance above the primary commercial general liability, automobile liability, and employers' liability policies required herein. The limit shall not be less than One Million Dollars ($1,000,000.00) each occurrence and annual aggregate per occurrence during the initial and any renewal term of this Agreement. 2.9.3 Worker’s Compensation Insurance Worker's Compensation Insurance for statutory obligations imposed by Worker's Compensation or Occupational Disease Laws, including, where applicable, the United States Longshoremen's and Harbor Worker's Act, the Federal Employers’ Liability Act and the Homes Act. Employer's Liability Insurance shall be provided with a minimum of One Million Dollars ($1,000,000.00) per accident. Contractor agrees to be responsible for the employment, conduct and control of its employees and for any injury sustained by such employees in the course of their employment. 2.9.4 Professional Liability Insurance Professional Liability Insurance including Errors and Omissions with minimum limits of ten Million Dollars ($10,000,000.00) per occurrence. 2.9.5 Cancellation and Re-Insurance If any insurance should be cancelled or changed by the insurance company or should any insurance expire during the period of this contract, the Firm shall be responsible for securing other acceptable insurance to provide the coverage specified in this section to maintain coverage during the life of this Contract. All deductibles must be declared by the Firm and must be approved by the City. At the option of the City, either the Firm shall eliminate or reduce such deductible or the Firm shall procure a Bond, in a form satisfactory to the City, covering the same. NOTE: THE CITY OF SUNNY ISLES BEACH, CONTRACT NUMBER AND TITLE MUST APPEAR ON EACH CERTIFICATE OF INSURANCE. THE CITY OF SUNNY ISLES BEACH MUST BE SHOWN AS AN ADDITIONAL INSURED WITH RESPECT TO THIS COVERAGE. City of Sunny Isles Beach |Request for Qualifications No. 19-11-01 12 2.10 MONTHLY INVOICES PAYMENTS The Consultant may submit invoices at the completion and approval of each task or for partial completion of each task on a pro rata basis. However, requests for payment shall not be made more frequently than on a monthly basis. Ea ch invoice shall designate the nature of work performed and be accompanied by records fully detailing the amounts stated on the invoice. Invoice payment shall be subject to the satisfactory completion and acceptance of the work following verification by City personnel. Invoices shall be paid by the City within thirty (30) days of receipt of the invoice, except for items questioned. The City shall notify the Consultant of any items questioned. The Consultant shall prepare verification data for the amount claimed and provide complete cooperation during such investigation of any areas in the invoice subject to question. 2.11 BASIS OF COMPENSATION Do not submit schedule of fees with submission, fees will be requested during negotiations only. 2.12 USE OF SUB-CONSULTANTS If one or more sub-consultants are to be utilized, the sub-consultant(s) must be clearly identified and noted in the submittal. The City must approve any changes in the use of sub-consultants in advance and in writing. No such approval will be construed as making the City a party to such subcontract, or subjecting the City to liability of any kind to any subcontractor. No sub-consultant will under any circumstances relieve the Respondent of its liability and obligation under any resulting contract. The sub-consultant is subject to the same contractual conditions as is the Respondent. The successful firm shall be responsible for all payments to any sub-consultants and shall maintain responsibility for all work related to the Project. Neither Successful Consultant nor any of its Sub-Consultants are considered to be employees or agents of the City. Firm must identify all portions of the Work that firm intends to perform through sub-consultants for each portion of the Work exceeding ten percent of the Work. Within five (5) working days after the identification of the award to the successful Consultant, the Consultant shall provide a list confirming the Sub-Consultant that the Successful Consultant intends to utilize in the Contract, if applicable. The list shall include, at a minimum, the name, and location of the pla ce of business for each Sub-Consultant, the services Sub-Consultant will provide relative to any contract that may result from this RFQ, Sub-consultants hourly rates or fees, any applicable licenses, insurance, references, ownership, and other information required of Consultant. 2.13 FEDERAL AND STATE REGULATIONS The Consultant shall comply with all applicable federal, state and local rules and regulations regarding provision of Services. 2.14 LICENSES, PERMITS AND TAXES Consultant shall, at its own expense, obtain all necessary permits and licenses, pay all applicable fees, and pay all applicable sales, consumer, use and other taxes required to comply with local City of Sunny Isles Beach |Request for Qualifications No. 19-11-01 13 ordinances, state and federal law. Consultant is responsible for reviewing the pertinent state statutes regarding state taxes and for complying with all requirements therein. Any change in tax laws after the execution of this Agreement will be subject to further negotiation and Consultant shall be responsible for complying with all state tax requirements. The Consultant will complete all permit applications, prepare supporting documentation for the permit applications as required by the issuing agency, furnish the required number of copies of all construction drawings and exhibits, and coordinate/attend meetings with permitting agencies as well with City staff. The Consultant will coordinate with the City before meeting with any permitting agencies. The Consultant will ensure all permit applications are submitted in a timely fashion to ensure that design and construction are unimpeded by the permitting process. 2.15 PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES Pursuant to Florida Statutes Section 217.4725, contracting with any entity that is listed on the Scrutinized Companies that Boycott Israel List or that is engaged in the boycott of Israel is prohibited. Contractors must certify that the company is not pa rticipating in a boycott of Israel. Any contract for goods or services of One Million Dollars ($1,000,000) or more shall be terminated at the City’s option if it is discovered that the entity submitted false documents of certification, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria after July 1, 2018. Any contract entered into or renewed after July 1, 2018 shall be terminated at the Ci ty’s option if the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the boycott of Israel. Contractors must submit the certification that is attached to this agree ment. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City’s determination concerning the false certification. The Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination was in error. If the Contractor does not demonstrate that the City’s determination of false certification was made in error, then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute Section 215.4725. 2.16 PROPRIETARY RIGHTS The Consultant hereby acknowledges and agrees that the City retains all rights, title and interests in and to all materials, data, documentation and copies thereof furnished by the Cit y to the Consultant hereunder or furnished by the Consultant to the City and/or created by the Consultant for delivery to the City, even if unfinished or in process, as a result of the Services the Consultant performs in connection with the Agreement, incl uding all copyright and other proprietary rights therein, which the Consultant as well as its employees, agents, sub-consultants and suppliers may use only in connection with the performance of Services under the Agreement. The Consultant shall not, without the prior written consent of the City, use such documentation on any o ther project in which the Consultant or its employees, agents, sub -consultants or suppliers are or may become engaged. Submission or distribution by the Consultant to meet official reg ulatory requirements or for other purposes in connection with the performance of Services under the City of Sunny Isles Beach |Request for Qualifications No. 19-11-01 14 Agreement shall not be construed as publication in derogation of the City's copyrights or other proprietary rights. All rights, title and interest in and to certain inventions, ideas, designs and methods, specifications and other documentation related thereto developed by the Consultant and its sub -consultants specifically for the City, hereinafter referred to as "Developed Works" shall become the property o f the City. 2.17 RECORDS RETENTION The Consultant shall maintain for a minimum of five (5) years after the completion of this Agreement, adequate books, records and supporting documents to verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the Agreement. The Consultant shall make its books, records, digital files, and any other supporting documents related to the Agreement promptly available for review and audit by the City and/or by the federal funding entity, if applicable. Further, the Consultant agrees to cooperate fully with any audit conducted by the City, or federal funding authority, and to provide full access, to all materials related to any aspect of this Agreement. Failure to maintain the books, records, digital files, and supporting documents required by this subsection shall establish a presumption in favor of the City for recovery of any funds paid under the Agreement for which adequate books, records, digital files and supporting documentation are not available to support their purported disbursement. The Consultant shall require its sub-consultants, subcontractors, and sub-vendors to comply with the requirements of this, and shall include provisions in agreements with its subconsultants, subcontractors, and sub-vendors making such provisions applicable to them and providing they shall that such provisions shall survive the completion, expiration or termination of such agreement. 2.18 RESTRICTIONS TO PUBLIC ACCESS TO PROJECT PLANS The consultant shall be advised that public access to project plans is now restricted, and plans are no longer subject to public records requests, as per Florida Status F.S.119.071(3)(b) which states: (b)1. Building plans, blueprints, schematic drawings, and diagrams, including draft, preliminary, and final formats, which depict the internal layout and structural elements of a building, arena, stadium, water treatment facility, or other structure owned or operated by an agency are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 2. This exemption applies to building plans, blueprints, schematic drawings, and diagrams, including draft, preliminary, and final formats, which depict the internal layout and structural elements of a building, arena, stadium, water treatment facility, or other structure owned or operated by an agency before, on, or after the effective date of this act. 3. Information made exempt by this paragraph may be disclosed: City of Sunny Isles Beach |Request for Qualifications No. 19-11-01 15 a. To another governmental entity if disclosure is necessary for the receiving entity to perform its duties and responsibilities; b. To a licensed architect, engineer, or contractor who is performing work on or related to the building, arena, stadium, water treatment facility, or other structure owned or operated by an agency; or c. Upon a showing of good cause before a court of competent jurisdiction. 4. The entities or persons receiving such information shall maintain the exempt status of the information. 2.19 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION: The prospective firm certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible , or voluntarily excluded from participating in covered transactions by any Federal department or agency; (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and (4)(a) Have not within a three-year period preceding this application/proposal had one or more public transaction (Federal, State or local) terminated for cause or default. b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2.20 DISCREPANCIES, ERRORS AND OMISSIONS Any discrepancies, errors and ambiguities in the RFQ or addenda (if any) should be reported in writing to the City’s City Clerk. Should it be necessary, a written addendum will be incorporated to City of Sunny Isles Beach |Request for Qualifications No. 19-11-01 16 the RFQ. The City will not be responsible for any oral instructions, clarifications or other communications. 2.21 PUBLIC RECORDS IF THE SUCCESSFUL PROPOSER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUCCESSFUL PROPOSER’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT CITY OF SUNNY ISLES BEACH 18070 COLLINS AVENUE, SUNNY ISLES BEACH, FL 33160. THE CITY CLERK’S OFFICE MAY BE CONTACTED BY PHONE AT (305) 792-1703 OR VIA EMAIL AT MBetancur@sibfl.net. END OF SECTION City of Sunny Isles Beach |Request for Qualifications No. 19-11-01 17 Section 3 Scope of Services / Technical Specifications 3.1 SCOPE OF SERVICES The 174th and Collins Avenue Bridge Park is based on an innovative conceptual design prepared under the Sunny Isles Beach 174th Street Pedestrian Overpass Pla nning Study and the 2016 Transportation Master Plan. The concept design merged the studies’ results in an efficient, safe, and attractive manner. Located at Collins Ave (A1A) and 174th Street intersection, which is one of the most heavily travelled intersection by pedestrian and vehicles within the City. This concept design recommends for an open and elevated bridge park over the south side of the intersection , traversing east and west, to accommodate for vehicular improvements at the surface level and to bring the pedestrian to an elevated plane for an enhanced crossing experience reflected as an extension of the Samson beachfront park. Engineering and Architectural services for this RFQ include but are not limited to architectural, structural, traffic, c ivil, landscaping and irrigation, geotechnical, surveying, mechanical (including oversized elevators), electrical and lighting, plumbing, and environmental. The 2016 Transportation Master Plan can be found at: https://www.sibfl.net/transportationmasterplan/ The Sunny Isles Beach 174th Street Pedestrian Overpass Planning Study can be found at https://csib-my.sharepoint.com/:b:/g/personal/bigateway_sibfl_net/EVg1Fb- Yn29GkJmRW8DQjI0BG6u2drEKSAbWpEo8-osYxQ?e=sO712x The City is seeking professional engineering services for fields that which may include, but not be limited to, the disciplines and tasks identified below: 1. Survey 2. Geotechnical 3. Structural 4. Mechanical 5. Electrical 6. Hydraulic 7. Hydrogeological 8. Civil 9. Lighting 10. Permitting 11. Plumbing 12. Environmental 13. Irrigation 14. Landscaping 15. Traffic 16. Construction Bid Document Preparation/ Review / Evaluation City of Sunny Isles Beach |Request for Qualifications No. 19-11-01 18 17. Construction Administration/Inspection Services/ Consultation must attend pre-con meeting and other construction meetings per the City’s request 18. Construction Project Control shall be provided by the Engineering firm 19. FDOT cultural resource assessments The Consultant shall provide Design Calculations, Drawings and applicable Technical Special Provisions, an updated cost estimate and construction schedule for FDOT and the City’s review at the 30%, 60%, and 100% design phases. Review meetings will be held as deemed necessary during the development of the plans and contract documents at the city’s office. The 100% submittal will include all specifications. Consultant shall be familiar with FDOT plan and design requirements and FDOT LAP requirements. Upon completion of the Construction Documents Phase, the Consultant shall provide Construction Documents and a copy of design calculations. The Consultant shall provide the City up to 5 sets of Construction Documents that have been signed and sealed by the Engineer. The Consultant shall also provide an electronic version of the construction documents. The Consultant shall provide a list of bid items, estimated quantities and construction duration to assist the City in preparing all bid documents. The bid items and quantities will be in electronic format for incorporation into bid documents. 3.2 CONSULTANT EXPERIENCE AND CAPABILITIES The Design for Construction shall include, but shall not necessarily be limited to, plans and specifications which describe all systems, elements, details, components, materials, equipment, and other information necessary for construction. The Design for Construction shall be accurate, coordinated and in all respects adequate for construction and shall be in conformit y, and comply, with all applicable law, codes, permits, and regulations. Products, equipment and materials specified for use shall be readily available unless written authorization to the contrary is given by the City. The selected firm(s) will be respons ible for reviewing existing Florida Department of Transportation, Miami -Dade County, City of Sunny Isles Beach Codes, Resolutions and Ordinances and State of Florida Building Codes and for incorporating data into complete construction documents including final construction plans (working drawings), technical specifications, construction estimates, and related bid documents necessary for the bidding and construction of the projects. The Consultant must hold active Florida licenses and certifications necessary to provide all the contractual services being performed / provided by the Contractor as described in the Contract. The Respondent shall provide a project history of the firm or organization demonstrating experience with projects that are similar in scope and size to the proposed Project, including projects of a similar nature with FDOT. The Respondent shall clearly indicate experience on other LAP projects and/or federally funded projects and describe experience complying with Federal Highway Administration (FHWA) and FDOT LAP requirements. Respondent must have successfully City of Sunny Isles Beach |Request for Qualifications No. 19-11-01 19 completed the design and permitting of at least one (1) pedestrian bridge project in the past ten (10) years. Consultants responding to this RFQ, must be pre-qualified with FDOT for all professional consulting services required for this project, prior to responding to this RFQ or no later than at such time as an agreement is signed by both parties at their sole cost and expense. Firm shall be pre-qualified with FDOT in the following classes of work by the time the agreement is fully executed: • Work Group 3. Highway Design Roadway • Work Group 4. Highway Design – Bridges • Work Group 5. Bridge Inspection • Work Group 6. Traffic Engineering & Operations Studies • Work Group 7. Traffic Operations Design • Work Group 8. Surveying & Mapping • Work Group 9. Soil Exploration, Material Testing and Foundations • Work Group 14. Architect • Work Group 15. Landscape Architect The selected Consultant understands and acknowledges that the Scope of Services outlin ed in this Solicitation does not include in its entirety every detail and work required to be pe rformed by the Consultant to successfully complete this Project. The City and the selected Consultant shall negotiate and agree on the basic services, deliverables, timelines and compensation for completion of the Work or any phase included therein. 3.3 CITY ENGINEER All communications and correspondence shall be directed to the City Engineer/ City Project Manager upon award. 3.4 DESIGNATED PERSONNEL The Applicant Firm shall designate the personnel according to the organization chart submitted along with proposal, indicating who will be assigned specifically to the performance of this work. At the time of negotiation for entry into a formal contract, the City shall have the right to specify those key project personnel for whom the successful firm assigns to the project. Firm shall not be allowed to substitute other personnel without prior written permission of the City Manager. END OF SECTION City of Sunny Isles Beach |Request for Qualifications No. 19-11-01 20 Section 4 Evaluation Process 4.1 INSTRUCTIONS TO RESPONDENTS Each submission will be reviewed to determine if the qualifications are responsive to the outlined requirements in the solicitation. A responsive submission is one which follows the requirements of this solicitation that includes all documentation, is submitted in the format outlined in this solicitation, is of timely submission, and has the appropriate signatures as required on each document. Failure to comply with these requirements may result in the submission being deemed non-responsive. 4.2 TECHNICAL QUALIFICATIONS Submissions shall include the following: 1. Firm’s relevant experience, qualifications and past performance with Government and similar type projects. 2. Relevant experience and qualifications of key personnel. Experience and familiarity with scope of service. 3. Firm’s approach methodology to providing the services requested in this solicitation, such as the bridges performance evaluation assessment forms and recommendations of the latest technologies for monitoring systems available. 4.2.1 MINIMUM REQUIREMENTS In order to be considered responsive, Firms shall, at a minimum, demonstrate compliance with the following Pre-Qualification Criteria in their Submission. All requested documentation and/or information should be provided in the submission to confirm that the firm has satisfied the Prequalification Criteria in order to be properly evaluated as listed herein. Firms failing to meet these requirements shall be deemed non responsive. The Firm shall, at the time of submittal, time of award, and throughout the duration of the Contract, continue to meet the following Pre-qualification Criteria requirements as stated in the Solicitation Documents. • Firms must have, as a prime project manager, a minimum of 10 years of experience in projects of similar size and scope. 4.3 EVALUATION, NEGOTIATION AND AWARD Each proposal will be reviewed to determine if the proposal is responsive to the submission requirements outlined in this RFQ. A responsive proposal is one which follows the requirements of this solicitation and includes all documentation, is submitted in the format outlined in this solicitation, is of timely submission, and has the appropriate signatures as required on each document. Failure to comply with these requirements may result in the proposal being deemed non-responsive. City of Sunny Isles Beach |Request for Qualifications No. 19-11-01 21 Firms submitting a proposal to this RFQ shall include detailed information addressing the following criteria: An agenda item to the City Commission will be prepared requesting the designation of, and the authorization to negotiate with, one or more of three (3) firms deemed to be the most qualified to perform the services required by this RFQ. The City Manager shall begin negotiations with the first most qualified firm for professional services at compensation in which the City determines is fair, competitive and reasonable. The City reserves the right to conduct pre-award discussion and/or pre-contract negotiations with the most qualified firms who submit qualifications determined to be reasonably acceptable of being selected for award. In the event the City Manager cannot negotiate a satisfactory contract with the first most qualified firm, negotiations shall begin with the second most qualified firm. This process shall be repeated, each time moving to the next most qualified firm. If the third most qualified firm cannot be negotiated with successfully, the project is to be reevaluated and considered for re-advertising. Upon successful negotiations with a firm, a City Commission agenda item-recommending award to said firm will be prepared. The City reserves the right to reject any or all submittals, to waive any irregularities or informalities in any submittal or in the RFQ procedures, and to accept or reject any item or combinations of items. The award will be to the fir m whose submittal complies with all material requirements set forth in this RFQ and who is the most qualified in the sole discretion of the City, taking into consideration all aspects of the firm’s response. END OF SECTION Evaluation Criteria Professional Qualifications, the respondent shall be licensed to do business in the State of Florida. Specific project experience relating to bridges, and experience with FDOT Size of workforce, workload and availability of personnel Financial stability and past record Ability to complete project within proposed schedule and within budget Is firm or sub-consultant a certified minority business enterprise References City of Sunny Isles Beach |Request for Qualifications No. 19-11-01 22 Section 5 Request for Qualification Format 5.0 FORMAT Firms interested in performing these professional services must display considerable relevant experience with the specified type of work and should emphasize both the experience and capability of particular personnel who will actually perform the work. Sealed submittals shall be submitted in duplicate. Submit one (1) original, four (4) copies and one (1) electronic copy of the submittal on USB Drive or CD. In order to insure a uniform review process and to obtain the maximum degree of comparability, it is required that the submittals be organized in the manner specified: LABEL EACH SECTION AS NUMBERED A. Title Page Show the name of respondent's agency/firm, address, telephone number, email, name of contact person, date, project manager and the RFQ number and title. B. Table of Contents Include a clear identification of the material by section and by page number. C. Cover Letter and Executive Summary The person in your firm who is authorized to negotiate terms, render binding decisions and commit the firm’s resources should sign this letter. Summarize the respondent’s understanding of the work to be done and make a positive commitment to perform the work in accordance with the terms of the response being submitted. Discuss your past experience and planned approach for these projects. Provide a synopsis of your firm’s current workload and how it will/will not impact the project. Indicate your firm’s capability to perform the additional work associated with a contract resulting from this RFQ within the required time frame. Firms shall be required to warrant and represent that at all times during the term of the Agreement it shall maintain in good standing all required licenses, certifications and permits required under federal, state and local laws necessary to perform the services. Give the name of the person(s) who will be authorized to make representations for the Firm, including their title, business address and telephone number. D. Project Approach and Understanding City of Sunny Isles Beach |Request for Qualifications No. 19-11-01 23 This section shall define the services Firm is proposing to the City that will best meet the criteria specified in the Scope of Services for t he project. State the Firm’s project management plan, interpretation of the scope, and the method of approach. In addition, provide a description of innovative concepts proposed to enhance value, quality, and to control cost and schedule. E. Qualification Information and Assigned Personnel Include any additional information which might enhance the City's understanding of the Firm and its capabilities, adequacy and pertinent experience of key personnel, past record, projects experience, financial stability (Include three years audited or reviewed financial statements, prepared by a C.P.A.), size of workforce, availability of personnel per location, local permitting experience, performance records, additional references and ability to complete projects on schedule and within budget. Include a general statement describing the types of services offered by the firm, location of main and branch offices, number of years in business and number of employees in each department and the location of the office from which this work will be performed. Please include certifications, registrations, technical trainings, awards, memberships, and letters of recommendation that will support your state of qualification for this project. State if the Firm is licensed, permitted and/or certified to do business in the State of Florida and attach copies of all such licenses issued to the business entity and copies of key staff PE licenses. The City will accept State of Florida Certifications. Proposer will be required to commit that the personnel and/or principals named in the proposal shall remain assigned to the project throughout the period of the cont ract unless provided for otherwise in a negotiated contract. No diversion or substitution of personnel or principals will be allowed without submission of a written request with the qualifications and experience of the proposed replacement. 1- Form SF330, include Part I and Part II. PDF format is acceptable. 2- State if the business is licensed, permitted and/or certificated to do business in the State of Florida and attach copies of all such licenses issued to the business entity and copies of key staff PE licenses. The City will accept State of Florida Certifications. 3. Project Organization Chart: A Project organization chart with the sub-consultant(s) and individuals assigned to key project positions identified by name. Show the organization chart as it relates to this project indicating key personnel and their relationship. Indicate sub-consultants. 4. In accordance with Florida Statute 287.055, please indicate if your firm is a certified Minority Business Enterprise and, if so, provide a copy of that certification. To qualify, the Respondent must be certified by a public agency at the time of submittal of Qualifications. 5. Firm must have provided consultation for bridges for at least (1) similar Projects over the past 10 years of similar size, na ture and complexity for government entities with a construction and provide evidence of same using the Project Verification Form provided herein. The Applicant Firm City of Sunny Isles Beach |Request for Qualifications No. 19-11-01 24 should provide examples of projects / programs similar to those s tated in the scope of work completed by the firm on behalf of Government clients. The firm should demonstrate how it interacts with municipal clients and provides and exchanges information relative to the requirements. Firms may include a copy of their fully executed contracts with government agencies for similar projects reflecting the following information: a. Name and address of client. c. Contract date d. Scope or nature of contract. e. Present status of the contract. F. Firm References and Similar Work Completed This section shall provide the number of years of experience of the Firm in the specified work areas and examples of similar services with applicable reference information, with emphasis on similar government projects and/or services in similar climates. Respondents must submit a Qualification Statement. Respondents must provide at least three (3) references of work within the last (5) years, preferably from government agencies. Do not include in your references any former or current employee of the City. Concentrate only on those services rendered by the Firm within the past five (5) years, which mostly match the scope of services. Please indicate which team members were part of the referenced service and will be a part of the City’s team. Indicate whether the experience was with the current Firm or a past employer. In all illustrations of experience, indicate specifically the nature and extent of the work performed by the individuals or firms on prior similar services. The title and a brief description of each project and/or service shall include: a. Client Name, Address, Contact, Phone and Fax Numbers and valid e -mail address; b. Project Title; c. Description of work performed, including the project location; and d. Year completed. e. Past 5 years copies of executed agreements made between your firm and local municipalities, with a scope similar to this RFQ. If sub-consultants are a part of the proposed work plan, include items A through E for each firm, including an organizational chart showing the relationship between the responding firm and the sub firm(s). G. Corporate Standing and Authorized Signatory Respondent must demonstrate that the company is in good standing and that the person signing this submittal is an Authorized Signatory on behalf of the respondent to sign bids, proposals, negotiate and/or sign contracts, agreements, amendments and related documents to which the respondent will be duly bound. The respondent must provide a copy of the State Certificate of good standing listing the officers of the company. If the signatory is not one of the officers listed on the State Certificate, the respondent must pro vide one of the following forms of evidence of Signatory Authority with its response: City of Sunny Isles Beach |Request for Qualifications No. 19-11-01 25 a. A copy of firm’s Articles of Incorporation listing the approved signatories of the corporation; b. A copy of a resolution listing the members of staff as authorized signatories for the firm; and c. A letter from a corporate officer listing the members of staff that are authorized signatories for the firm. H. Variations/Exceptions: Provide a list of services which are not included in the firm’s proposal to the required services as outlined in the Scope of Services along with any exceptions or variations to any section of the proposal and explanation. I. Litigation Statement: A statement that no litigation or regulatory action has been filed against your firm(s) in the last five (5) years shall be included in the proposal. If an action has been filed against your firm(s) within the last five (5) years, state and describe the litigation or regulatory action filed against your firm and identify the court or agency before which the action was instituted, the applicable case or file number, and the status or disposition for such reported action. Describe all litigation (include the court and location) of any kind involving proposer or proposer’s team members within the last five ye ars. Indicate if your firm has been debarred or suspended from bidding or proposing on a procurement project by any government entity during the last five (5) years. Litigation history will not be a disqualifier to the respondent, such history will be evaluated by the City. J. Forms and Attachments a. Enclosed Forms; b. Respondent must complete, sign as required, and submit the Addenda and all forms in the following Section 6 as part of its submittal; c. Firm’s proof of Current Certificate(s) of Insurance; and City of Sunny Isles Beach |Request for Qualifications No. 19-11-01 26 REQUIRED FORMS (Please type) PRIME FIRM SUB-CONSULTANTS Respondent intends to use the following sub-consultant on this project (if none, write “None”): Role Name of Individual Assigned to Project: Role/Description of Work: Experience: Name and address of sub-consultant: Name and address of sub-consultant: Role Name of Individual Assigned to Project Number of Years’ Experience Education, Degree Address of office: Principle-in- Charge: Project Manager Asst. Project Manager Other Key Member Other Key Member Other Key Member City of Sunny Isles Beach |Request for Qualifications No. 19-11-01 27 Name and address of sub-consultant: Name and address of sub-consultant: Name and address of sub-consultant: Name and address of sub-consultant: Please use additional pages if needed. REFERENCES Name Entity Providing Reference Phone # Email Address City of Sunny Isles Beach |Request for Qualifications No. 19-11-01 28 PROJECT VERIFICATION FORM Respondent must have completed the design and permitting of at least one (1) pedestrian bridge project in the past ten (10) years. The completed projects meeting this minimum qualification may have been performed by the individual, firm, or project manager assigned to the Work. PLEASE TYPE. 1) Name of Client Entity: ______________________________________________ Address: __________________________________________________________ City/State/Zip: ______________________________________________________ Contact: __________________________________________________________ Title: _____________________________________________________________ Email Address:____________________________________________________ Telephone: ________________________________________________________ Scope of Work: _____________________________________________________ Contract Start/End Dates: _____________________________________________ Consultant Contract Amount: $_________________________________________ 2) Name of Client Entity: ______________________________________________ Address: __________________________________________________________ City/State/Zip: ______________________________________________________ Contact: __________________________________________________________ Title: _____________________________________________________________ Email Address:____________________________________________________ Telephone: ________________________________________________________ Scope of Work: _____________________________________________________ Contract Start/End Dates: _____________________________________________ Consultant Contract Amount: $_________________________________________ 3) Name of Client Entity: ______________________________________________ Address: __________________________________________________________ City/State/Zip: ______________________________________________________ Contact: __________________________________________________________ Title: _____________________________________________________________ Email Address:_____________________________________________________ Telephone: ________________________________________________________ Scope of Work: _____________________________________________________ Contract Start/End Dates: _____________________________________________ Consultant Contract Amount: $_________________________________________ END OF SECTION City of Sunny Isles Beach |Request for Qualifications No. 19-11-01 29 DELIVER TO: City of Sunny Isles Beach City Clerk 18070 Collins Avenue, 4th Floor Sunny Isles Beach, FL 33160 REQUEST FOR QUALIFICATIONS SECTION 6 RESPONDENT SUBMITTAL FORMS OPENING: 2:30 P.M. Friday, December 20, 2019 NOTE: City of Sunny Isles Beach is exempt from all taxes (Federal, State, and Local). Tax Exemption Certificate furnished upon request. Issued by: Purchasing Agent Genesis Cuevas Date issued: 11/20/2019 This Qualification Submittal Consists of all required forms, including SF330, Questionnaires, Acknowledgements and Affidavits Submissions are subject to the Terms and Conditions of this Request for Qualifications and the accompanying Submittal. Such other contract provisions, specifications, drawings or other data as are attached or incorporated by reference in the Submittal, will be received at the office of the City Clerk at the address shown above until the above stated time and date, and at that t ime, publicly opened for furnishing services described in the accompanying Submittal Requirement. RFQ No. 19-11-01 RFQ 19-11-01 PROFESSIONAL ENGINEERING AND ARCHITECTURAL SERVICES FOR PEDESTRIAN BRIDGE WITH PARK ELEMENTS ACROSS A1A AT 174TH ST. CCNA Firm Name ________________________________________ Commodity Code(s): RETURN ONE ORIGINAL AND FOUR COPIES OF QUALIFICATION SUBMITTAL PAGES AND AFFIDAVITS FAILURE TO SIGN PAGE 32 OF SECTION 6 QUALIFICATION SUBMITTAL WILL RENDER YOUR SUBMISSION NON-RESPONSIVE RESPONDENT SUBMITTAL FORM: City of Sunny Isles Beach |Request for Qualifications No. 19-11-01 30 ACKNOWLEDGEMENT OF ADDENDA INSTRUCTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES PART I: LIST BELOW ARE THE DATES OF ISSUE FOR EACH ADDENDUM RECEIVED IN CONNECTION WITH THIS RFQ Addendum #1, Dated Addendum #2, Dated Addendum #3, Dated Addendum #4, Dated Addendum #5, Dated Addendum #6, Dated Addendum #7, Dated Addendum #8, Dated PART II: NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS RFQ FIRM NAME: AUTHORIZED SIGNATURE: DATE: TITLE OF OFFICER: City of Sunny Isles Beach |Request for Qualifications No. 19-11-01 31 RESPONDENT SUBMITTAL FORM RFQ 19-11-01 PROFESSIONAL ENGINEERING AND ARCHITECTURAL SERVICES FOR PEDESTRIAN BRIDGE WITH PARK ELEMENTS ACROSS A1A AT 174TH ST. CCNA The undersigned Firm proposes and agrees, if this submission is accepted, to enter into an agreement with the City of Sunny Isles Beach to perform and furnish all Services as specified or indicated in the Contract Documents. The Firm accepts all of the terms and conditions of this Request for Qualifications. This RFQ will remain subject to acceptance for 90 days after the day of RFQ opening. The Firms agrees to sign and submit the Agreement and other documents as required by the Bidding Requirements within ten days after the date of the City’s Notice of Award. In submitting this response, the Firm represents, as more fully set forth in the Agreement, that: ▪ The Firm has familiarized himself/herself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Law and Regulations that in any manner may affe ct cost, progress, performance, or furnishing of the Work. ▪ The Firm has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions. ▪ The Firm has given the City written notice of all conflicts, errors, discrepancies that it has discovered in the Contract Documents and the written resolution thereof by City is acceptable to the Firm. ▪ This solicitation is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; the Firm has not directly or indirectly induced or solicited any other Firms to submit a false or sham Bid; the Firm has not solicited or induced any person, firm or corporation to refrain from Bidding; and Firm has not sought by collusion to obtain for itself any advantage over any other Firms or over the City. The City and the successful Firm will establish completion times for the services described in this Request for Qualifications and the successful Firm agrees that the services will be completed within the time frames agreed upon and stipulated in the individual Notice to Proceed. City of Sunny Isles Beach |Request for Qualifications No. 19-11-01 32 Firm Name: _____________________________________________________________________________ Street Address: _____________________________________________________________________________ Mailing Address (if different): _____________________________________________________________________________ Telephone No. _______________________________Fax No. _________________________ Email Address: _______________________________FEIN No. __/__-__/__/__/__/__/__/__ *By signing this document the Responder agrees to all Terms & Conditions of RFQ Signature: __________________________________________________________________ (Signature of authorized agent) Print Name: ______________ ___________ Title: _________________________________________ Date: THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF FIRM TO BE BOUND BY THE TERMS OF ITS SUBMISSION. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED ABOVE BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE SUBMISSION NON-RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY SUBMISSION THAT INCLUDES AN EXECUTED DOCUMENT, WHICH UNEQUIVOCALLY BINDS THE FIRM TO THE TERMS OF ITS OFFER. City of Sunny Isles Beach |Request for Qualifications No. 19-11-01 33 ATTACHMENTS A, B, C, & D may be accessed by clicking on the Dropbox Link below: https://www.dropbox.com/sh/bd68i68ln83lv 1g/AAAqb1aG0VsznvLwnh61yBdta?dl=0 City of Sunny Isles Beach |Request for Qualifications No. 19-11-01 34 AFFIDAVITS NON-COLLUSION AFFIDAVIT City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 STATE OF FLORIDA ) ) COUNTY OF _____________) The undersigned being first duly sworn as provided by law, deposes, and says: This Affidavit is made with the knowledge and intent that it is to be filed with the City of Sunny Isles Beach City Commission and that it will be relied upon by said County, in any consideration which may give to and any action it may take with respect to this Bid. The undersigned is authorized to make this Affidavit on behalf of, _____________________________________________________________ (Name of Corporation, Partnership, Individual, etc.) a, ________________________________, formed under the laws of _____________ (Type of Business) (State) of which he is ________________________________________________. (Sole Owner, Partner, President, etc.) Neither the undersigned nor any person, firm, or corporation named in above Paragraph 10.2, nor anyone else to the knowledge of the undersigned, have themselves solicited or employed anyone else to solicit favorable action for this Bid by the City, also that no head of any department or employee therein, or any officer of the City of Sunny Isles Beach, Florida is directly interested therein. This Bid is genuine and not collusive or a sham; the person, firm or corporation named above in Paragraph 10.2 has not colluded, conspired, connived or agreed directly or indirectly with any proposers or person, firm or corporation, to put in a sham Bid, or that such person, firm or corporation, shall refrain from Bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference with any person, firm or corporation, to fix the prices of said Bid or Bids of any other proposers; and all statements contained in the Bid or Bids described above true; and further; neither the undersigned, nor the person, firm or corporation named above in Paragraph 10.2, has directly or indirectly submitted said Bid or the contents thereof, or divulged information or data relative thereto, to any association or to any member or agent thereof. ______________________________________________________________________ AFFIANT’S NAME AFFIANT’S TITLE TAKEN, SWORN AND SUBSCRIBED TO BEFORE ME this _____ day of _______________________, 201_. Personally Known ________ or Produced Identification ________; Type of identification ___________________________________ (Affix seal here) ___________________________________ NOTARY PUBLIC (name printed or typed) 1 of 8 PUBLIC ENTITY CRIMES City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a) FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES PUBLIC ENTITY CRIMES Pursuant to the provisions of paragraph (2) (a) of Section 287.133, Florida State Statutes - "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a Contract to provide any goods or services to a public entity, may not submit a Bid on a Contract with a public entity for the construction or repair of a public building or public Work, may not submit Bids on leases of real property to a public entity, may not be awarded to perform Work as a Contractor, supplier, Sub-Contractor, or Consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount Category Two of Sec. 287.017, FS for thirty six months from the date of being placed on the convicted vendor list". THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 11.1. This sworn statement is submitted to City of Sunny Isles Beach _____________ by____________________________________________________________________________ [print individual’s name and title] for____________________________________________________________________________ [print name of entity submitting sworn statement] whose business address is: _______________________________________________________________________________ _______________________________________________________________________________ and (if applicable) its Federal Employer Identification number (FEIN) is_____________________. (If the entity had no FEIN, include the Social Security Number of the individual signing this sworn statement:_________________________________.) 11.2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any Bid or Contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 11.3. I understand that "convicted" or "conviction" as defined in Para. 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trail court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. 11.4. I understand that an "affiliate" as defined in Para. 287.133(1)(a), Florida Statutes, means: a.) predecessor or successor of a person convicted of a public entity crime; or b.) Any entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executors, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair 2 of 8 10/1998 market value under an arm's length agreement, shall be a prime facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 11.5. I understand that a "person" as defined in Para. 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding Contract and which Bids or applies to Bid on Contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "persons" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of any entity. 11.6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Indicate which statement applies, select one.) ____ Neither the entity submitting this sworn statement, nor any of it's officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. ____ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. ____ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order.) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 11.1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY, CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. By: ______________________________________ (Signature) ______________________________________ (Printed Name) ______________________________________ (Title) Sworn to and subscribed before me this ______ day of_______________________, 20_____, by __________________________________________________. (AFFIX NOTARY STAMP HERE) ______________________________________ Signature: Notary Public – State of Florida ______________________________________ Print or Type Commissioned Name Personally Known __________ OR Produced Identification __________ Type of Identification Produced ________________________________ 3 of 7 EQUAL OPPORTUNITY / AFFIRMATIVE ACTION City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 EQUAL OPPORTUNITY/AFFIRMATIVE ACTION STATEMENT The contractors and all subcontractors hereby agree to a commitment to the principles and practices of equal opportunity in employment and to comply with the letter and spirit of federal, state, and local laws and regulations prohibiting discrimination based on race, color, religion, national region, sex, age, handicap, marital status, and political affiliation or belief. Signed: ________________________________________ Title: ________________________________________ Firm: ________________________________________ Address: ________________________________________ ________________________________________ 4 of 8 5 of 8 C O N F L I C T O F I N T E R E S T City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles each, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 CONFLICT OF INTEREST STATEMENT The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State Statutes. Proposers must disclose with their Bids, the name of any officer, director, partner, associate or agent who is also an officer o r employee of the City of Sunny Isles Beach or its agencies. STATE OF FLORIDA COUNTY OF ________________________ BEFORE ME, the undersigned authority, personally appeared __________________________________________ , who was duly sworn, deposes, and states: 18.1. I am the _________________________ of __________________________________________ with a local office in ______________________________________________________________________ and principal office in ___________________________________________________________________________________________. 18.2. The above named entity is submitting a Bid for the City of Sunny Isles Beach, Bid No. _________________ described as _________________________________________________________. The Affiant has made diligent inquiry and provides the information contained in this Affidavit based upon his own knowledge. 18.3. The Affiant states that only one submittal for the above Bid is being submitted and that the above named entity has no financial interest in other entities submitting Bids for the same project. 18.4. Neither the Affiant nor the above named entity has directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraints of free competitive pricing in connection with the entity’s submittal for the above Bid. This statement restricts the discussion of pricing data until the completion of negotiations if necessary and execution of the Contract for this project. 18.5. Neither the entity nor its affiliates, nor anyone associated with them, is presently sus pended or otherwise ineligible from participation in contract letting by any local, State, or Federal Agency. 18.6. Neither the entity, nor its affiliates, nor anyone associated with them have any potential conflict of interest due to any other clients, contracts, or property interests for this project. 18.7. I certify that no member of the entity’s ownership or management is presently applying for any employee position or actively seeking an elected position with the City of Sunny Isles Beach. 18.8. I certify that no member of the entity’s ownership or management, or staff has a vested interest in any aspect of the City of Sunny Isles Beach. 18.9. In the event that a conflict of interest is identified in the provision of services, I, on behalf of the a bove named entity, will immediately notify the City of Sunny Isles Beach. Dated this __________ day of __________________________________, 20 ____. ____________________________________________ ____________________________________ AFFIANT Print or Type Name and Title Sworn to and subscribed before me this __________ day of ______________________________, 20____.  Personally Known, OR  Produced Identification - Type of Identification ____________________________________________ NOTARY PUBLIC STATE OF FLORIDA _______________________________________________________ DISPUTE DISCLOSURE City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 DISPUTE DISCLOSURE FORM Answer the following questions by placing a “X” after “Yes” or “No”. If you answer “Yes”, please explain in the space provided, or on a separate sheet attached to this form. 19.1. Has your firm or any of its officers, received a reprimand of any nature or been suspended by the Department of Professional Regulations or any other regulatory agency or professional associations within the last five (5) years? YES __________ NO __________ 19.2. Has your firm, or any member of your firm, been declared in default, terminated or removed from a contract or job related to the services your firm provides in the regular course of business within the last five (5) years? YES __________ NO __________ 19.3. Has your firm had against it or filed any requests for equitable adjustment, contract claims, Bid protests, or litigation in the past five (5) years that is related to the services your firm provides in the regular course of business? YES __________ NO __________ If yes, state the nature of the request for equitable adjustment, contract claim, litigation, or protest, and state a brief description of the case, the outcome or status of the suit and the monetary amounts of extended contract time involved. I hereby certify that all statements made are true and agree and understand that any misstatement or misrepresentation of falsification of facts shall be cause for forfeiture of rights for further consideration of this Bid for the City of Sunny Isles Beach. ________________________________________ ______________________________________ Firm Date ________________________________________ _______________________________________ Authorized Signature Print or Type Name and Title 6 of 8 ANTI-KICKBACK City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) ) COUNTY OF ___________ ) I, the undersigned, hereby duly sworn and deposed say that no portion of this sum herein Bid will be paid to any employees of the City of Sunny Isles Beach or its elected officials as a commission, kickback, reward or gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: ________________________________ Title: ________________________________ The foregoing instrument was acknowledged before me this _____ day of __________________, 20____, by _________________________________________ [name of person], as __________________________________ [type of authority], for ________________________________ [name of party on behalf of whom instrument was executed]. AFFIX NOTARY STAMP HERE: _______________________________ Notary Public – State of Florida ________________________________ Print or Type Commissioned Name Personally Known __________ OR Produced Identification __________ Type of Identification Produced ________________________________ 7 of 8 CONTRACTOR ANTI-BOYCOTT CERTIFICATION [PURSUANT TO FLORIDA STATUTE § 215.4725] I, ___________________, on behalf of _________________________, Print Name Company Name certifies that___________________________ does not: Company Name 1.Participate in a boycott of Israel; and 2.Is not on the Scrutinized Companies that Boycott Israel list; and 3.Is not on the Scrutinized Companies with Activities in Sudan List; and 4.Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5.Has not engaged in business operations in Cuba or Syria. ________________________________ Signature ________________________________ Title ________________________________ Date 8 of 8