Loading...
HomeMy WebLinkAboutREQUEST FOR QUALIFICATIONS # 22-06-01 LANDSCAPE ARCHITECT SERVICESCity of Sunny Isles Beach |Request for Qualifications No. 22-06-01 1 REQUEST FOR QUALIFICATIONS # 22-06-01 CONTINUING SERVICES FOR LANDSCAPE ARCHITECTURAL SERVICES CCNA ADVERTISEMENT DATE: WEDNESDAY, JUNE 8, 2022 VIRTUAL NON-MANDATORY PRE-PROPOSAL CONFERENCE: FRIDAY, JUNE 17, 2022 AT 3:00 PM ALL QUESTIONS DUE: MONDAY, JUNE 20, 2022 AT 5:00 PM SUBMISSION DUE DATE: WEDNESDAY, JUNE 29, 2022 AT 2:30 PM DELIVER TO: SUNNY ISLES BEACH GOVERNMENT CENTER CITY CLERK 18070 COLLINS AVENUE, 4TH FLOOR SUNNY ISLES BEACH, FLORIDA 33160 City of Sunny Isles Beach |Request for Qualifications No. 22-06-01 2 TABLE OF CONTENTS PAGE NO. LEGAL ADVERTISEMENT/NOTICE TO BIDDER 3 INSTRUCTIONS TO BIDDER / GENERAL TERMS 4 SPECIAL TERMS & CONDITIONS 9 SCOPE OF WORK / TECHNICAL SPECIFICATIONS 15 EVALUATION PROCESS 18 PROPOSAL FORMAT 22 AFFIDAVITS NON-COLLUSIVE AFFIDAVIT PUBLIC ENTITY CRIMES EQUAL OPPORTUNITY / AFFIRMATIVE ACTION STATEMENT CONFLICT OF INTEREST STATEMENT DISPUTE DISCLOSURE FORM ANTI-KICKBACK AFFIDAVIT ANTI-BOYCOTT CERTIFICATION E-VERIFY AFFIDAVIT ATTACHMENTS N/A City of Sunny Isles Beach |Request for Qualifications No. 22-06-01 3 LEGAL ADVERTISEMENT NOTICE TO RESPONDENTS NOTICE IS HEREBY GIVEN that the City of Sunny Isles Beach (City) is seeking sealed qualification statements for the following work as specified: Continuing contract for Landscape Architectural Services Request For Qualifications (RFQ) No. 22-06-01 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 RFQ may also be examined at the City of Sunny Isles Beach – Office of the City Clerk. Vendors who obtain the RFQ from sources other than DemandStar or the City of Sunny Isles Beach are cautioned that their solicitation package may be incomplete. Addenda will be posted and disseminated by DemandStar at least five days prior to the submission deadline date to all vendors who are listed on the official list. The City may not accept incomplete submittals. Sealed submittals will be received by the City Clerk no later than WEDNESDAY, JUNE 29, 2022 AT 2:30 PM at the Sunny Isles Beach Government Center located at 18070 Collins Avenue, 4th floor, Sunny Isles Beach, Florida, 33160. Submittals received after this time will not be considered. The City is under no obligation to return submittals. Timely submissions will be opened publicly and read aloud at that time. The envelope containing the sealed RFQ must be clearly marked: “FORMAL PROPOSAL ENCLOSED” RFQ NO 22-06-01 CONTINUING SERVICES FOR LANDSCAPE ARCHITECT SERVICES OPENING DATE AND TIME: WEDNESDAY, JUNE 29, 2022 AT 2:30 PM 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 submittals, which best serves the interest of, and represents the best value to, the City in conformity with the criteria set forth in Section 62-8 of the Code of Ordinances of the City of Sunny Isles Beach. All questions regarding this Request shall be directed in writing Purchasing by MONDAY, JUNE 20, 2022 AT 5:00 PM. Questions must be submitted via email to Purchasing@sibfl.net or via regular mail at: Purchasing, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, FL 33160. Pursuant to Florida Statutes 119.071, sealed bids, proposals or replies by an agency pursuant to a competitive solicitation are exempt from inspection until such time as the agency provides notice of an intended decision or until thirty (30) days after the opening of the bids, proposals, or final replies, whichever is earlier. Mauricio Betancur, CMC, City Clerk City of Sunny Isles Beach City of Sunny Isles Beach |Request for Qualifications No. 22-06-01 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: MBetancur@sibfl.net or via facsimile (305) 792-1563 or via regular mail at: Mauricio Betancur, CMC, City Clerk, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, FL 33160. Such requests for clarification/explanation or questions must be made in writing to Mauricio Betancur, CMC, Deputy 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 Proposals 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 Proposal 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 Proposal on a contract to provide any goods or services to a public entity, may not submit a Proposal on a contract with a public entity for the construction or repair of a public Facility or public work, may not submit Proposals 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. 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 City of Sunny Isles Beach |Request for Qualifications No. 22-06-01 5 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 Proposal 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. 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. City of Sunny Isles Beach |Request for Qualifications No. 22-06-01 6 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 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 AWARD: The City reserves the right to reject any and all proposals 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 of Sunny Isles Beach |Request for Qualifications No. 22-06-01 7 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. 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. 1.40 GOVERNING LAW: The Contract shall be construed in accordance with and governed by the law of the State of Florida. 1.41 VENUE: City of Sunny Isles Beach |Request for Qualifications No. 22-06-01 8 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. END OF SECTION City of Sunny Isles Beach |Request for Qualifications No. 22-06-01 9 SECTION 2 SPECIAL TERMS AND CONDITIONS 2.1 PURPOSE: The City of Sunny Isles Beach, Florida (the “City”) a municipality located in Miami-Dade County, Florida, seeks to retain qualified and experienced Professional Consulting Firms (“Firm” and/or “Consultant”) to provide continuing landscape architectural services (“Services”) pursuant to Florida Statutes 287.055, Consultants’ Competitive Negotiation Act. The City shall have the option to pre-qualify one or more qualified firm(s) to provide such services on an as-needed basis. No minimum amount of such professional services or compensation will be assured to any of the firms retained, and the City shall not be prevented in any manner from retaining other firms in its sole discretion to perform any such work. The City may endeavor to rank and award up to three (3) firms for this discipline. As each project task is identified, selected firms within the required discipline(s) may be requested to submit specific qualifications for the given task. Selection shall be to the most qualified firm for a particular task. Firms providing professional services under continuing contracts shall not be required to bid against one another. The Firm must have licensed architects on staff with knowledge of all applicable Federal, State and County standards and requirements needed to develop design plans, specifications, cost estimates, site inspections and project management as applicable. A “continuing contract” is a contract for professional services entered into in accordance with all the procedures of Section 287.055, Florida Statutes, between an agency and a firm whereby the firm provides professional services to the agency for projects in which the estimated construction cost of each individual project under the contract does not exceed $4 million, for study activity if the fee for professional services for each individual study under the contract does not exceed $500,000, or for work of a specified nature as outlined in the contract required by the agency, with the contract being for a fixed term or with no time limitation except that the contract must provide a termination clause. 2.2 NON-MANDATORY VIRTUAL PRE-PROPOSAL CONFERENCE: A virtual non-mandatory pre-proposal conference is scheduled for the time and location shown herein on FRIDAY, JUNE 17, 2022 AT 3:00 PM Eastern Time (US and Canada). It is not mandatory that Firms attend the pre-proposal conference. No claim of ignorance by the firm of 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 requirements of the contract documents, will be accepted as basis for varying the requirements of the City City of Sunny Isles Beach |Request for Qualifications No. 22-06-01 10 of Sunny Isles Beach. Oral statements may not be relied upon and will not be binding or legally effective. As such, an addendum will be issued if any alterations are made to the specifications contained herein. Join Zoom Meeting: https://us02web.zoom.us/j/89045585623 Meeting ID: 890 4558 5623 2.3 CONTRACT TERM AND RENEWALS: The awarded contract will commence upon execution by both parties which shall be the effective date succeeding approval of the contract by the City Commission, unless otherwise stipulated in the agreement. The awarded contract shall remain in effect for an initial three (3) year term, provided that the services rendered by the Firm during the contract period are satisfactory. The City, at its sole option, may renew the contract for two (2) additional (1) one-year renewal term. Exercising the option to renew is at the sole discretion of the City. 2.4 METHOD OF AWARD: The City intends to pre-qualify one or multiple firms for landscape architectural services. Award of a pre-qualification contract does not guarantee any future work to be awarded. The best suited Firm within the required discipline, as determined by the City, for a particular task or Project will be selected. In the event a Firm is selected for a specific project, the selected Firm will be required to negotiate an agreement based on the hourly rates. Depending on the type of Project, City Commission approval by resolution may be required. The City Manager or designee will be the Contract administrator for each Project. 2.5 MINIMUM QUALIFICATION REQUIREMENTS: This RFQ contains Minimum Qualification Requirements (MQRs) which the Firm must meet for the Firm to be considered responsive. Firms must meet the following minimum qualifications at the time of submittal: a. Primary firm must possess a State of Florida Registered Landscaping Architect license; and Certificate of Authorization for Landscape Architecture Business (Florida Statutes Chapter 481). Firm must provide a copy of licenses with your response. This information is verified through the State of Florida Department City of Sunny Isles Beach |Request for Qualifications No. 22-06-01 11 of Business and Professional Regulation as required. b. Primary Firm must have been awarded a minimum of two (2) government contracts serving as the Architect of Record within the past five (5) years for projects of a size, scope, and/or complexity which display the Firm’s ability to provide the requested services. This information must be detailed and provided with your response. The Evaluation Committee will be looking for detailed responses addressing your Firm’s previous experience. c. Primary firm must provide three (3) references, preferably government agencies, for similar scope within the last five years. Two of the three references provided with your proposal must be the same as the contracts/projects submitted for requirement “b” above. 2.6 INSURANCE The awarded firm(s) will be required to obtain and maintain the insurance requirements as set forth below. Insurance requirements must be held for the life of the Contract. The requirements are as follows: 2.8.1 Comprehensive General Liability Insurance Firm 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 Office, and must include: • 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 o Broad Form Contractual Coverage applicable to this specific Contract, including any hold o Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. City of Sunny Isles Beach |Request for Qualifications No. 22-06-01 12 2.8.2 Professional Errors & Omissions Liability: Contractor agrees to maintain Professional Error’s & Omissions Liability at a limit of liability not less than One Million ($1,000,000) Each Occurrence, Two Million ($2,000,000) Annual Aggregate. The Contractor agrees the policy shall include a minimum three (3) year Discovery (tail) reporting period, and a Retroactive Date that equals or precedes the effective of the Contract, or the performance of services hereunder. The Contractor agrees the Self-Insured Retention shall not exceed $25,000. This coverage may be provided on a Per-Project Basis. 2.8.3 Business Automobile Liability Business Automobile Liability with minimum limits of Five Million Dollars ($5,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: • Owned Vehicles; • Hired and Non-Owned Vehicles; • Employers’ Non-City ship. Before starting the Services, the vendor will file and make sure that all certificates of insurance required by this document and by the Contract are in the City’s possession. These certificates shall contain a provision that the coverage afforded under the policies will not be canceled or materially changed until at least thirty (30) days prior written notice has been given to the City by certified mail. a. Umbrella Insurance Firm 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. b. 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 City of Sunny Isles Beach |Request for Qualifications No. 22-06-01 13 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. c. 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 SHALL BE NAMED AS AN ADDITIONAL INSURED ON THE ABOVE- REFERENCED POLICIES AND MUST APPEAR ON EACH CERTIFICATE OF INSURANCE. ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN WRITING BY THE CITY. 2.9 BASIS OF COMPENSATION: NO SCHEDULE OF FEES SHALL BE SUBMITTED WITH THIS RFQ SUBMITTAL. If firm is awarded an agreement, Notice to Proceed and/or a Purchase Order, the Consultants agrees to perform the Professional Services for either: The Hourly Labor Rate as set forth, with a negotiated upset limit. The Consultant shall be entitled to receive reimbursement for expenses at the Consultant’s exact cost, which the allowed costs have been included in Firm’s fee proposal for each project and approved by the City; or, A negotiated lump sum fee based on the rates set forth plus approved Reimbursable Expenses. Approved Reimbursable Expenses shall be paid to the Firm at exact cost, and upon proof of payment by Firm. Anticipated Reimbursable Expenses shall be included with Firm original fee proposal. Firm agrees to keep, furnish, and support statements with copies of invoices, statements of times expended, and other supporting documentation as the City may require. Statements for fees based on Hourly Rates will be rendered monthly as the work City of Sunny Isles Beach |Request for Qualifications No. 22-06-01 14 progresses or as otherwise agreed upon. 2.10 NON-EXCLUSIVE CONTRACT Firm agrees and understands that the Agreement shall not be construed as an exclusive arrangement and further agrees that the City may, at any time, secure similar or identical services from another supplier at the City’s sole option. 2.11 PUBLIC RECORDS LAW: The City is subject to Chapter 119, Florida Statutes, “Public Records Law.” No claim of confidentiality or proprietary information in all or any portion of a response will be honored unless a specific exemption from the Public Law exists and is cited in the response. An incorrectly claimed exemption does not disqualify the firm, only the exemption claimed. Contractor acknowledges the public shall have access at all reasonable times, to all documents and information pertaining to City’s contracts, subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the public to all documents subject to disclosures under applicable law. IF THE CONTRACTOR 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 EMAIL AT MBetancur@sibfl.net. END OF SECTION City of Sunny Isles Beach |Request for Qualifications No. 22-06-01 15 SECTION 3 SCOPE OF SERVICES / TECHNICAL SPECIFICATIONS 3.1 SCOPE OF SERVICES In accordance with Florida Statutes, Chapter 287, Section 287.055, Consultants’ Competitive Negotiation Act (CCNA), the City of Sunny Isles Beach is soliciting interested firms with substantial experience and capabilities to provide landscape architectural, including but not limited to, conceptual design, design development, site plan review, preparation of construction documents, and permitting services. As per Florida State Statute 481.303, “Landscape Architecture” means professional services, provided by a Landscape Architect registered/licensed in the State of Florida, including, but not limited to, the following: (a) Consultation, investigation, research, planning, design, preparation of drawings, specifications, contract documents and reports, responsible construction supervision, or landscape management in connection with the planning and development of land and incidental water areas, including the use of Florida-friendly landscaping as defined in s. 373.185, where, and to the extent that, the dominant purpose of such services or creative works is the preservation, conservation, enhancement, or determination of proper land uses, natural land features, ground cover and plantings, or naturalistic and aesthetic values; (b) The determination of settings, grounds, and approaches for and the siting of buildings and structures, outdoor areas, or other improvements; (c) the setting of grades, shaping and contouring of land and water forms, determination of drainage, and provision for storm drainage and irrigation systems where such systems are necessary to the purposes outlined herein; and (d) The design of such tangible objects and features as are necessary to the purpose outlined herein. The scope of services may include, but is not limited to, the following: a) Provision of signed and sealed drawings and specifications for landscaping construction projects b) Develop bid specification for landscape maintenance services c) Site master planning, analysis and design d) Urban design plans/concept diagrams e) Open space planning, analysis and design f) Development of design guidelines g) Development of Maintenance Standards City of Sunny Isles Beach |Request for Qualifications No. 22-06-01 16 h) Perform landscape maintenance service inspections i) Renderings j) Beach and Dunescaping k) Active and Passive Park Design l) Irrigation Design, Operation and Maintenance m) Median and Swale Landscaping Design n) Streetscape planning, analysis and design o) Natural resource planning, analysis and design p) Cost estimates q) Provide plans developed on AutoCAD’s latest version, and copies of a reproducible hard copy and CD of plans to the City r) Feasibility analysis s) Peer review analysis t) Construction phase services including site inspections u) Building Department plan and permit review v) Permit assistance w) Tree surveys x) RER tree removal permitting y) Attendance at meetings with City staff and presentations to City Commission z) Provide construction administration if requested by the City aa) Prepare and submit signed and sealed construction drawings 3.2 REQUIREMENTS AND DELIVERABLES: Firms shall be responsible for reviewing existing 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 projects. Firms shall be responsible for obtaining all Federal, State and local permits and/or approvals from DERM/RER, Florida Department of Environmental Protection, Miami-Dade County, Florida Department of Transportation (FDOT) as necessary and all City of Sunny Isles Beach Building permits necessary for the construction of projects. Consultant shall participate in any requested warranty inspections along with the City during the warranty, and provide a plan for all necessary repair, replacements and/or corrective work. City of Sunny Isles Beach |Request for Qualifications No. 22-06-01 17 3.3 WORK ORDER After the City Commission has awarded contract(s) through resolutions, the Project Manager will contact the awarded Firm to provide a Cost Proposal for each Project. Once the cost proposal has been accepted by the Project Manager, he/she will route the Work Authorization for approval and execution and approval. The Work Authorization must include all costs for the Project utilizing a Fee Worksheet with hours and fees per the negotiated hourly rates. The Cost Proposal must include a narrative schedule of deliverables and a summary of compensation. Each project will require a fully executed amendment, subject to City Commission approval, if necessary, to the existing Agreement between the Firm and City prior to the commencement of any services. City of Sunny Isles Beach |Request for Qualifications No. 22-06-01 18 SECTION 4 EVALUATION PROCESS 4.1 Review of Proposals for Responsiveness The purpose of the proposal is to demonstrate the qualifications, competence, and capacity of the firms seeking to undertake the work for the City in conformity with the requirements of the specifications in the RFQ. As such, the substance of the proposals will carry more weight than their form or manner of presentation. The proposal should demonstrate the qualifications of the firm and of the particular staff to be assigned to this engagement. All submittals shall contain no more than fifteen (15) pages specifically addressing each criteria, mentioned below in Section 4.3. Each proposal will be reviewed to determine if the proposal is responsive to the submission requirements outlined in the solicitation. A responsive proposal is one which follows the requirements of this solicitation that includes all documentation, is submitted in the format outlined in this solicitation, is of timely submission, and has the appropriate signatures as required on each document. Failure to comply with these requirements may result in the proposal being deemed non-responsive. City reserves the right, where it may serve the City of Sunny Isles Beach, best interest, to request additional information or clarification from Proposers. 4.2 Evaluation of Proposals The proposal must address all points outlined in the specifications of this RFQ. The proposal must provide clear and concise information of the Proposer’s capability to satisfy the requirements of the RFQ. The Evaluation Committee will utilize the criteria below to rate the Firm’s proposal. Upon review of the proposals by the evaluation committee, oral presentations may be required. Evaluation criteria shall be applied in compliance with Section 287.055, Florida Statutes, and will include, but not be limited to the ability of professional personnel; whether a firm is a certified minority business enterprise; past performance; willingness to meet time and budget requirements; location; recent, current, and projected workloads of the firms; and the volume of work previously awarded to each firm by the agency, with the object of effecting an equitable distribution of contracts among qualified firms, provided such distribution does not violate the principle of selection of the most highly qualified firms. City of Sunny Isles Beach |Request for Qualifications No. 22-06-01 19 The City reserve the right to accept or reject any or all Responses, or parts of any Response, to waive any informalities, technicalities or irregularities, to re-advertise the RFQ, to request further Responses or clarifications, or take any similar actions that may be deemed to be in the best interests of the City. The City reserves the right to negotiate continuing contracts with more than one Respondent in response to the RFQ. 4.3 Criteria: The recommendation(s) to pre-qualify for award shall be made to the City Commission, by the City Manager, to the responsible responsive and qualified firm(s) whose proposals are amongst the highest rated by the Evaluation Committee. Your Firm’s response to this RFQ will be evaluated as stated below. ITEM # EVALUATION CRITERIA MAXIMUM POTENTIAL POINTS 1. FIRM QUALIFICATIONS AND EXPERIENCE: Proposer’s relevant experience, qualifications and past experience. 35 2. QUALIFICATIONS OF KEY PERSONNEL ASSIGNED TO ENGAGEMENT: Relevant experience and qualifications of key personnel, including key personnel of subconsultants that will be assigned to this project and experience and qualifications of subcontractors. 30 3. PROJECT APPROACH: Proposers approach methodology to providing the services requested in this solicitation. 22.5 4. Florida Statute 287.055 2.(d) Minority Business Certification Florida Small and Minority Business Assistance Act: If a proposing Firm is a certified minority business enterprise as defined by the Florida Small and Minority Business Assistance Act, and the Firm submits proof of a valid certification. 2.5 5. REFERENCES: References are required as a component of due diligence to determine the capability of the proposing Firm to be able to perform the required services. 10 TOTAL POINTS 100 City of Sunny Isles Beach |Request for Qualifications No. 22-06-01 20 4.4 MINIMUM QUALIFICATION REQUIREMENTS: The Firm must have on staff architects with knowledge of all applicable Federal, State and County standards and requirements needed to develop design plans, specifications, cost estimates, site inspections and project management as applicable. Firms must meet the following minimum qualification at the time of submittal: a. Primary firm must possess a State of Florida Registered Landscaping Architect license; and Certificate of Authorization for Landscape Architecture Business (Florida Statutes Chapter 481). Firm must provide a copy of licenses with your response. This information is verified through the State of Florida Department of Business and Professional Regulation as required. b. Primary Firm must have been awarded a minimum two (2) government contracts serving as an Architect of Record within the past five (5) years for projects of a size, scope, and/or complexity which display the Firm’s ability to provide the requested services. This information must be detailed and provided with your response. The Evaluation Committee will be looking for detailed responses addressing your Firm’s previous experience. c. Primary firm must provide a minimum of three (3) references, preferably government agencies, for similar scope within the last five years. The references provided with your proposal must be the same as the contracts/projects submitted for requirement “b” above. 4.5 Negotiations Notwithstanding the foregoing, if the City and said Proposer(s) cannot reach agreement on a contract, the City reserves the right to terminate negotiations and may, at the City Manager’s or designee’s discretion, begin negotiations with the next responsible and responsive proposer. This process may continue until a contact acceptable to the City has been executed or all proposals are rejected. No Proposer shall have any rights against the City arising from such negotiations or termination thereof. Any Proposer recommended for negotiations may be required to provide to the City: City of Sunny Isles Beach |Request for Qualifications No. 22-06-01 21 a) Its most recent financial statements as of a date not earlier than the end of the Proposer’s preceding official tax accounting period, together with a statement in writing, signed by a duly authorized representative, stating that the present financial condition is materially the same as that shown on the balance sheet and income statement submitted, or with an explanation for material change in the financial condition. A copy of the most recent business income tax return will be accepted if financial statements are unavailable. b) Information concerning any prior or pending litigation, either civil or criminal, involving a governmental agency or which may affect the performance of services to be rendered herein, in which the Proposer, any of its employees or subcontractors is or has been involved within the last three years. 4.6 Oral Presentations During the evaluation process, the evaluation committee may, at its discretion, request any one or all Firms to make oral presentations. Such presentations will provide Firms with an opportunity to answer any questions the evaluation committee may have on a Firm's proposal. Not all firms may be asked to make such oral presentations. END OF SECTION City of Sunny Isles Beach |Request for Qualifications No. 22-06-01 22 SECTION 5 PROPOSAL FORMAT 5.1 FORMAT Proposers must submit (1) original, four (4) copies and (1) USB of the Proposal. The original Proposal must contain an original signature. Be sure that the individual signing the Proposal is authorized to commit the Proposer's organization to the Proposal as submitted. Each page of the Proposal should state the name of the Proposer, the RFQ number, and the page number. The City reserves the right to request additional data or material to support Proposals. All material submitted in response to the RFQ will become the property of the City. All submittals shall contain no more than fifteen (15) pages specifically addressing each criteria, mentioned below. The proposal should address all the points outlined in the request for proposals. While additional information may be presented, the following subjects, item Nos. 1 through 6 in the following section, must be included. 5.2 RESPONSE CONTENT AND FORMAT All submissions are required to include the following information, forms, and attachments. In addition, submissions must be organized, tabbed, and labelled in the following order: 1. Cover Page Complete and sign the Cover Page form that is provided in this RFQ. 2. Table of Contents Outline the major areas required in this RFQ with corresponding page numbers. 3. Minimum Qualification Requirements Submit supporting documents for minimum requirements specified in Section 2.5. 4. Evaluation Criteria: 4.1. FIRM QUALIFICATIONS AND EXPERIENCE a. Proposers must provide a description of the firm, including the size, range of activities, strength, stability, experience, awards, recognitions, etc. b. How does the firm’s experience in similar project scope and complexity City of Sunny Isles Beach |Request for Qualifications No. 22-06-01 23 directly benefit the City for this project. c. Describe what unique and extraordinary skills or qualifications your firm brings to this Project, including industry “Best Practices”. How would the selection of your firm add value to the Project? d. Describe your company’s resources and capabilities with respect to scheduling cost control, quality control and project coordination with sub consultants as well as the City. e. The proposal should indicate the total number of employees of the firm, including the number of staff in the local office, the staff to be employed for the City’s Project on a full-time basis. Indicate any sub-consultant’s and their experience. f. Provide a list of government and private clients your firm has under contract through 2025. Please provide the amount of each contract and a brief description of the services. 4.2. QUALIFICATION OF KEY PERSONNEL ASSIGNED TO ENGAGEMENT: Identify the key personnel to be assigned on this Project and their qualifications. Provide brief resumes of key persons to be assigned to the project and their respective responsibilities, including, but not limited to: • Name and title. • Organizational Chart • Job assignment performed for other projects. • Percentage of time to be assigned full time to this Project. • How many years with firm providing the response. • How many years with other firms • Experience • Types of projects o Size of projects (dollar values, square footage, etc.) o Tasks performed on the specific projects • Education / Certifications • Other experience and qualifications relevant to this Project 4.3. PROJECT APPROACH: City of Sunny Isles Beach |Request for Qualifications No. 22-06-01 24 Firm must demonstrate in their Proposal the approach to the Project for the work required, including but not limited to: a. Overall project management and coordination with the City and sub consultants b. Site analysis and design opportunities c. Design approach and alternate analysis of plans and specifications including ability to apply new technologies or approaches that may either reduce the cost and time frame or improve the quality of the project. d. Constructability analysis e. Cost estimating f. Project scheduling g. Quality Control/Quality Assurance h. Preparation and approvals of conceptual and construction drawings 4.4 FLORIDA STATUTE 287.055 CERTIFIED MINORITY BUSINESS ENTERPRISE CERTIFICATION: In accordance with Florida Statute 287.055 Acquisition of professional architectural, engineering, landscape architectural, or surveying and mapping services; definitions; procedures; contingent fees prohibited; penalties; Section 2. (d): if the Proposing firm is a certified minority business enterprise as defined by the Florida Small and Minority Business Assistance Act, the firm must submit proof of a valid certification from the Florida Department of Management Services Office of Supplier Diversity, this firm will receive two and a half (2.5) points for this criterion. The submitted certification will be validated using the Certified Vendor Directory from the Florida Department of Management Services Office of Supplier Diversity website: https://osd.dms.myflorida.com/directories 4.5. PAST PERFORMANCE – REFERENCES: References are required as a component of due diligence to determine the capability of the proposing Firm to be able to perform the required services. Proposing Firm must submit the names and contact information of three (3) references. Please note, three references must be provides, two of the references be the same as the two projects/contracts provided for response City of Sunny Isles Beach |Request for Qualifications No. 22-06-01 25 to MQR Letter “b.” 5. Contract Forms Complete, sign, and attach the following documents that are provided in this RFQ. 6. Exceptions Firm must list any exceptions taken to the terms and condition in this RFQ. END OF SECTION City of Sunny Isles Beach | 25 SECTION 6 BID FORM 1 RFP Title: LANDSCAPE ARCHITECT SERVICES The undersigned Vendor proposes and agrees, if this Bid 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 for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. The vendor accepts all of the terms and conditions of this RFQ and Instructions to Vendors. This RFQ will remain subject to acceptance for 90 days after the day of RFQ opening. The Proposer agrees to sign and submit the Agreement with other documents required by the Bidding Requirements within ten days after the date of the City’s Notice of Award. In submitting this RFQ, the Vendor represents, as more fully set forth in the Agreement, that: The Vendor has familiarized himself/herself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Law and Regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. The Vendor 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 Vendor. This RFQ 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 vendor has not directly or indirectly induced or solicited any other Vendor to submit a false or sham RFP; the vendor has not solicited or induced any person, firm or corporation to refrain from Bidding; and vendor has not sought by collusion to obtain for itself any advantage over any other Vendor or over the City. The Proposer understands and agrees that the Bid is for unit prices to furnish and install individual Work Items for maintenance and/or repair work, complete in place. Estimates are provided for the purposes of Bid Evaluation and to establish unit prices for individual Work to be contracted by the City under individual Purchase Orders, based on the unit prices established under this RFQ. The City and the successful Proposer will establish completion times for each individual Work Item and the successful Proposer agrees that the work will be completed within the time frames agreed upon and stipulated in the individual Purchase Orders and/or Notice to Proceed. City of Sunny Isles Beach | Firm Name: _____________________________________________________________________________ Street Address: _____________________________________________________________________________ Mailing Address (if different): _____________________________________________________________________________ Telephone No. _______________________________ Fax No. _________________________ Email Address: _______________________________ FEIN No. __/__-__/__/__/__/__/__/__ *“By signing this document the bidder agrees to all Terms and conditions of this Request for Qualifications. Signature: __________________________________________________________________ (Signature of authorized agent) Print Name: ____________________________________ Title: _________________________________________ THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF PROPOSER TO BE BOUND BY THE TERMS OF ITS PROPOSAL. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED ABOVE BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE PROPOSAL NON- RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY PROPOSAL THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE PROPOSER TO THE TERMS OF ITS OFFER. City of Sunny Isles Beach |Request for Qualifications No. 22-06-01 26 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. 22-06-01 27 AFFIDAVITS 1 of 8 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 above 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 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 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 _______________________, 20 _. Personally Known ________ or Produced Identification ________; Type of identification ___________________________________ (Affix seal here) ___________________________________ NOTARY PUBLIC (name printed or typed) 2 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. 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:_________________________________.) 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. 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. 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 3 of 8 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. 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. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Indicate which statement applies.) ____ Neither the entity submitting this sworn statement, nor any of it's officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. ____ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. ____ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order.) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 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 ________________________________ 4 of 8 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: ________________________________________ ________________________________________ 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 or employee of the City of Sunny Isles Beach or its agencies. STATE OF FLORIDA COUNTY OF ________________________ BEFORE ME, the undersigned authority, personally appeared __________________________________________ , who was duly sworn, deposes, and states: 1.I am the _________________________ of __________________________________________ with a local office in ______________________________________________________________________ and principal office in ___________________________________________________________________________________________. 2.The above named entity is submitting a proposal for the City of Sunny Isles Beach, RFQ No. _________________ described as _________________________________________________________. The Affiant has made diligent inquiry and provides the information contained in this Affidavit based upon his own knowledge. 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. 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. 5.Neither the entity nor its affiliates, nor anyone associated with them, is presently suspended or otherwise ineligible from participation in contract letting by any local, State, or Federal Agency. 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. 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. 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. 9.In the event that a conflict of interest is identified in the provision of services, I, on behalf of the above named entity, will immediately notify the City of Sunny Isles Beach.Dated this __________ day of __________________________________, 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 _______________________________________________________ 6 of 8 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. 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 __________ 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 __________ 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 7 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 ________________________________ E-Verify Affidavit Florida Statute 448.095 directs all public employers, including municipal governments, to verify the employment eligibility of all new public employees through the U.S. Department of Homeland Security’s E- Verify System, and further provides that a public employer may not enter into a contract unless each party to the contract registers with and uses the E-Verify system. Florida Statute 448.095 further provides that if a contractor enters into a contract with a subcontractor, the subcontractor must provide the contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. In accordance with Florida Statute 448.095, all contractors doing business with the City of Sunny Isles Beach are required to verify employee eligibility using the E -Verify system for all existing and new employees hired by the contractor during the contract term. Further, the contractor must also require and maintain the statutorily required affidavit of its subcontractors. It is the responsibility of the awarded vendor to ensure com pliance with E-Verify requirements (as applicable). To enroll in E-Verif y, employers should visit the E-Verify website (https://www.e-verify.gov/employers/enrolling-in-e-verify) and follow the instructions. The contractor must, as usual, retain the I-9 Forms for inspection. By affixing your signature below you hereby affirm that you will comply with E-Verify requirements. Company Name Offeror Signature Date Print Name Title Federal Employer Identification Number (FEIN) Notary Public Information Sworn to and subscribed before me on this this day of , 2022. By Is personally known to me Has produced identification (type of identification produced: ) Signature of Notary Public Print or Stamp of Notary Public Expiration Date 8 of 8