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HomeMy WebLinkAboutRFQ 15-08-02 - Construction Management at Risk (CMAR) for Government Center Annex at 18080 Collins AvenueRequest for Qualifications Services A" U 0 N f C_ kJ__ 1ti - x > F LO C I 7 Construction Management at Risk (CMAR) for Government Center Annex at 18080 Collins Avenue Request for Qualifications No. 15 -08 -02 Publish Date: 08/24/2015 Pre - Qualification Conference: None All Questions Due: 09/04/2015 by 5:00 PM Responses Due and Opening Date: 09/23/2015 at 2:30 PM Where to Deliver Responses Attn: City Clerk Sunny Isles Beach Government Center 18070 Collins Avenue Sunny Isles Beach, Florida 33160 City of Sunny Isles Beach I Request for Qualifications No. 15 -08 -02 TABLE OF CONTENTS Table of Contents Page 1 of 7 Page 2 Legal Advertisement/ Notice to Respondents Equal Opportunity / Affirmative Action Statement 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 12 Evaluation Process Section 4 Page 13 Request for Qualification Format Section 5 Page 16 Respondents Submittal Form Section 6 Page 20 Affidavits Non - Collusive Affidavit Page 1 of 7 Public Entity Crimes Page 2 of 7 Equal Opportunity / Affirmative Action Statement Page 4 of 7 Conflict of Interest Statement Page 5 of 7 Dispute Disclosure Form Page 6 of 7 Anti - Kickback Affidavit Page 7 of 7 Attachments City of Sunny Isles Beach I Request for Qualifications No. 15 -08 -02 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. Construction Management at Risk (CMAR) for Government Center Annex at 18080 Collins Avenue RFQ No. 15 -08 -02 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 2:30 PM on Wednesday, September 23th 2015 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. Responses will be publicly opened and firm names read aloud at that time. The envelope containing the sealed RFQ must be clearly marked: Construction Management at Risk (CMAR) for Government Center Annex at 18080 Collins Avenue Request for Qualifications No. 15 -08 -02 OPENING DATE AND TIME: Wednesday, September 23 t 2015 at 2:30 PM The Owner 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 Request for Qualifications No. 15 -08 -02 shall be directed in writing to Jane A. Hines, CIVIC, City Clerk, NO LATER THAN 09/04/2015 BY 5:00 PM Questions may be submitted via email to: JHines @sibfl.net or via facsimile (305) 792 -1563 All Questions will be answered in the form of Addendum that will be released a few days after the question due date listed above. Jane Hines, MMC, City Clerk City of Sunny Isles Beach City of Sunny Isles Beach I Request for Qualifications No. 15 -08 -02 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 Any questions concerning this Request for Qualifications or any required need for clarification must be made to Jane A. Hines, CMC, City Clerk via email to: JHines(&sibfl.net or via facsimile (305) 792- 1563 or via regular mail at: Jane A. Hines, 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 Jane A. Hines, CMC, City Clerk, at least five (5) business days prior to the date of the Bid opening. Interpretations or clarifications considered necessary by the City will be issued by addenda and posted /disseminated by DemandStar (www.demandstar.com) to all parties listed on the official plan holders' list as having received the Request for 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: 1.4 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. 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 1.6 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 ". 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: 1.10 1.11 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. 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. 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 I Request for Qualifications No. 15 -08 -02 1.11.3 Disputes: If any dispute concerning a question of fact Payment will be made after commodities /services have been arises under the Contract, other than termination for 1.23 LIABILITY. INSURANCE. PERMITS AND LICENSES: default or convenience, the Contractor and the City (via United States Postal Service — Certified Mail, Return Receipt department responsible for the administration of the Firms shall assume the full duty, obligation, and expense of obtaining Contract shall make a good faith effort to resolve the all necessary licenses, permits, inspections, and insurance required. dispute. If the dispute cannot be resolved by The Firm shall be liable for any damages or loss to the City agreement, then the department with the advice of the occasioned by negligence of the Firm (or their agent) or any person City Attorney shall resolve the dispute and send a the Firm has designated in the completion of their contract as a result written copy of its decision to the Contractor, which of the submission. Firm shall be required to furnish a copy of all shall be binding on both parties. licenses, certificates of competency or other licensor requirements in the State of Florida or otherwise secured in a manner satisfactory necessary to practice their profession as required by Florida State 1.12 PERFORMANCE BOND: Statute, Miami -Dade County, and City of Sunny Isles Beach Code. Department of Business and Professional Regulations or the Firm shall include current Miami -Dade County Certificates of Intentionally Omitted Competency. These documents shall be furnished to the City along profession, or by any corporation, partnership, or other commercial with the Firms response. Failure to furnish these documents or to 1.13 PAYMENTS: have required licensor will be grounds for rejecting the submission. The firm shall be responsible for obtaining and maintaining Payment will be made after commodities /services have been 1.24 CERTIFICATE (S) OF INSURANCE: to the award of this contract, Firm shall promptly notify City in writing received, accepted, and properly invoiced as indicated in the contract (via United States Postal Service — Certified Mail, Return Receipt Request for Qualifications shall include a copy of the company's local and /or purchase order. The City holds a firm stance on our standard Firm shall furnish to the Office of the City Clerk, City of Sunny Isles (30) days prior to such change and City shall have the right to NET 30 payment terms and the responding firm shall understand and Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida 33160, tax/occupational licenses, please call Code Enforcement & Licensing accepts this. All invoices must bear the purchase order number. certificate(s) of insurance which indicate that insurance coverage has name as defined in Section 865.059, Florida Statutes, proof of been obtained from an insurance company authorized to do business 1.14 BRAND NAMES: in the State of Florida or otherwise secured in a manner satisfactory The Firm shall indemnify, hold harmless, and defend the City of practice law in this state, by a person actively licensed by the to the City, for those coverage types and amounts listed in this Department of Business and Professional Regulations or the Intentionally Omitted document, in an amount equal to 100% of the requirements and or nature arising out of error, omission, negligent act, conduct, or profession, or by any corporation, partnership, or other commercial shall be presented to the City prior to issuance of any Contract(s) or 1.15 MATERIAL: Award(s) Document(s). The City of Sunny Isles Beach shall be this RFQ and / or from any procurement decision of the City including appropriate agency and /or proof of current active status with the named as "additional insured" with respect to this coverage. Division of Corporations of the State of Florida. Intentionally Omitted The required certificates of insurance shall not only name the types of policies provided, but shall also refer specifically to this and 1.16 SAMPLES: section. At the time of Firms submission the Firm must submit certificates of insurance as outlined in the General Conditions Intentionally Omitted section. All required insurances shall name the City of Sunny Isles Beach as additional insured and such insurance shall be issued by 1.17 QUANTITY GUARANTY: companies authorized to issue insurance in the State of Florida. It shall be the responsibility of the Firm and insurer to notify the City Intentionally Omitted Manager of the City of Sunny Isles Beach of cancellation, lapse, or material modification of any insurance policies insuring the Firms, 1.18 GOVERNMENTAL RESTRICTIONS ON MATERIALS: which relate to the activities of such vendor and the City of Sunny Isles Beach. Such notification shall be in writing, and shall be Intentionally Omitted submitted to the City finance support service director thirty (30) days prior to cancellation of such policies. This requirement shall be 1.19 SAFETY STANDARDS: reflected on the certificate of insurance. Failure to fully and satisfactorily comply with the city's insurance and bonding Intentionally Omitted requirements set forth herein will authorize the City Manager to implement a rescission of the Bid award without further City 1.20 WARRANTIES: Commission action. The Firm hereby holds the City harmless and agrees to indemnify City and covenants not to sue the City by virtue Intentionally Omitted. of such rescission. 1.21 COPYRIGHTS/ PATENT RIGHTS: 1.25 ASSIGNMENT: Intentionally Omitted The Firm shall not transfer or assign the performance required by this RFQ without the prior written consent of the City Manager. Any 1.22 LOCAL BUSINESS TAX (OCCUPATIONAL LICENSE award issued pursuant to the Request for Qualifications and monies, REGISTRATION): which may be due hereunder, are not assignable except with prior written approval of the City Manager. Further, in the event that the The firm shall be responsible for obtaining and maintaining majority ownership or control of the Firm changes hands subsequent throughout the contract period his or her city and county local to the award of this contract, Firm shall promptly notify City in writing business tax receipts. Each Firm submitting a submittal on this (via United States Postal Service — Certified Mail, Return Receipt Request for Qualifications shall include a copy of the company's local Requested) of such change in ownership or control at least thirty business tax/occupational license(s) with the qualifiers response. (30) days prior to such change and City shall have the right to For information specific to City of Sunny Isles Beach local business terminate the contract upon sixty (60) days written notice, at City's tax/occupational licenses, please call Code Enforcement & Licensing sole discretion. at (305) 792 -1705. If the contractor is operating under a fictitious name as defined in Section 865.059, Florida Statutes, proof of 1.26 HOLD HARMLESS /INDEMNIFICATION: current registration with the Florida Secretary of State shall be submitted. A business formed by an attorney actively licensed to The Firm shall indemnify, hold harmless, and defend the City of practice law in this state, by a person actively licensed by the Sunny Isles Beach, it's officers, agents and employees from and Department of Business and Professional Regulations or the against any claims, demands or causes of action of whatsoever kind Department of Health for the purpose of practicing his or her licensed or nature arising out of error, omission, negligent act, conduct, or profession, or by any corporation, partnership, or other commercial misconduct of the Contractor, their agents, servants or employees in entity that is actively organized or registered with the Department of the provision of goods or the performance of services pursuant to State shall submit a copy of the current licensing from the this RFQ and / or from any procurement decision of the City including appropriate agency and /or proof of current active status with the without limitation, awarding the Contract to the Firm. Division of Corporations of the State of Florida. City of Sunny Isles Beach I Request for Qualifications No. 15 -08 -02 1.27 NON - CONFORMANCE TO CONTRACT: Contract Time: The number of calendar days stated in Intentionally Omitted the Agreement for the completion of the Work. 1.28 DEFAULT PROVISION: Contracting Officer: The individual who is authorized to sign In case of default by the Firm, the City of Sunny Isles Beach may the contract documents on behalf of the procure the articles or services from other sources and hold the Firms City's governing body. responsible for any excess costs occasioned or incurred thereby. Contractor: The person, firm or corporation with 1.29 SECONDARY /OTHER FIRMS: whom the City has executed this Agreement. Intentionally Omitted. Day: A calendar day of twenty-four hours 1.30 DEFINITIONS: measured from midnight to the next midnight. Wherever used in these General Conditions or in the other Contract Documents, the following terms shall have the meaning indicated Field Order: A written order issued by the City which which shall be applicable to both the singular and plural thereof: clarifies or interprets the Contract Documents or orders minor changes in Acceptance: Acceptance by the City of the Work as the Work. being fully complete in accordance with the Contract Documents subject to Modification: Modification means any one of the waiver of claims. following: (a) a written amendment of the Contract Documents signed by both Agreement: The written Agreement between the City parties, (b) a Change Order, (c) a written and the Contractor covering the Work to clarification or interpretation if issued by be performed, which includes the the City, or (d) a written order for minor Contract Documents. change or alteration in the Work issued by the City. A modification may only be Addenda: Written or graphic instruments issued issued after execution of the Agreement. prior to the Bid Opening, which modify or interpret the Contract Documents, Notice of Award: The written notice by City to the apparent Drawings and Specifications, by addition, successful Firms stating that upon deletions, clarifications or corrections. compliance with the conditions precedent to be fulfilled by him within the time Approved: Means approved by the City. specified, City will execute and deliver the Agreement to him. Firm: Any person or corporation submitting a Samples: Physical examples which illustrate package for RFQ Work. materials, equipment or workmanship and establish standards by which the Bonds: Bid, performance bond and other Work will be judged. instruments of security, furnished by the Contractor and their surety in accordance Specifications: Those portions of the Contract with the Contract Documents and in Documents consisting of written accordance with the law of the State of technical descriptions of materials, Florida. equipment, construction systems, standards and workmanship as applied to Change Order: A written order to the Contractor signed the Work. by the City authorizing an addition, deletion or revision in the Work, or an Statement of Services: The form furnished by the City which is adjustment in the Contract Price or the to be used by the Contractor in Contract Time issued after execution of requesting progress payments. the Agreement. Supplier: Any person or organization that supplies City: City of Sunny Isles Beach, 18070 Collins materials or equipment for the Work, Avenue, Sunny Isles Beach, Florida including that fabricated to a special 33160. design, but who does not perform labor at the site. Contract Documents: Contract Documents shall include, Instructions to Firms, Contractor's Bid, Work: Any and all obligations, duties and the Bonds, the Notice of Award, the responsibilities necessary to the Agreement between the City and successful completion of the Project Contractor as well as any addenda assigned to or undertaken by Contractor thereto, these General Conditions, under the Contract Documents, including Special Conditions, the Technical all labor, materials, equipment and other Specifications, Drawings and incidentals, and the furnishing thereof. Modifications, Notice to Proceed, Request for Qualifications, Insurance Written Notice: The term "Notice" as used herein shall Certificates, Change Orders and mean and include all written notices, Acknowledgment of Conformance with demands, instructions, claims, approvals the City of Sunny Isles Beach. and disapproval's required to obtain compliance with Contract requirements. Contract Price: The total monies payable to the Written notice shall be deemed to have Contractor under the Contract been duly served if delivered in person to Documents. the individual or to a member of the firm City of Sunny Isles Beach Request for Qualifications No. 15 -08 -02 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 REOU EST 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: 1.36 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. 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. In consideration of the separate sum of twenty-five dollars ($25.00) and other valuable consideration, the Firm shall defend, indemnify 1.38 MISCELLANEOUS: and hold harmless the City, its officers, agents and employees, from or on account of any injuries or damages, received or sustained by Firm acknowledge the following miscellaneous conditions: any person or persons during or on account of any operations connected with the Work described in the Contract Documents, or 1.38.1 Whenever any provision of the Contract Documents by or in consequence of any negligence in connection with the same; requires the giving of written notice it shall be deemed or by use of any improper materials or by or on account of any act to have been validly given if delivered in person to the or omission of the said Firm, agents, servants or employees. The individual or to a member of the firm or to an officer of Firm will defend, indemnify and hold harmless the City and their the corporation for whom it is intended, or if delivered agents or employees from and against all claims, damages, losses at or sent by registered or certified mail, postage and expenses including attorneys' fees arising out of or resulting prepaid, to the last business address known to them from the performance of the Work, provided that any such claim who gives the notice. City of Sunny Isles Beach I Request for Qualifications No. 15 -08 -02 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: Venue of any action to enforce the Contract Documents shall be in Miami -Dade County, Florida. 1.42 ARBITRATION: It is the intention of the parties that whenever possible, if a dispute or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in accordance with the procedures, rules and regulations of the American Arbitration Association. The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration shall be held in Miami -Dade County, Florida. The non - prevailing party shall pay all costs of arbitration and attorneys' fees incurred by the parties or, if neither party prevails on the whole, each party shall be responsible for a portion of the costs of arbitration and their respective attorneys' fees as may be determined by the court on confirmation. 1.43 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. 1.44 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. 1.45 INDEPENDENT FIRM: End of Section 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. City of Sunny Isles Beach I Request for Qualifications No. 15 -08 -02 Section 2 Special Terms and Conditions 2.1 PURPOSE OF THIS REQUEST FOR QUALIFICATIONS: The City of Sunny Isles Beach, Florida, (the "City') a municipality located in Miami -Dade County, Florida, seeks to secure a contract with a Construction Management Risk ( "Firm's to provide Construction Management Risk services for a new facility. The new facility will be used for municipal purposes, educational purposes, community & civic uses as well as commercial space. The total estimated square footage for the facility is approximately 100,000 square feet. (Outlined in Section 3 Scope of Services below) The new facility will be located at 18080 Collins Avenue, Sunny Isles Beach, Florida 33160. 2.2 PRE - QUALIFICATION CONFERENCE Intentionally Omitted 2.3 TERM This contract will commence on the first calendar day of the month succeeding approval of the contract by the City Commission, or designee, unless otherwise stipulated in the Notice of Award letter. The contract shall be contingent upon the completion and submittal of all required documents. This contract shall remain in effect until the completion of services, provided that the services rendered by Firm during the contract period are satisfactory and that City funding is available as appropriated on an annual basis. However in the event funding is not appropriated on an annual basis during any particular year within the contract period, the contract may be canceled upon thirty (30) days written notice to Firm. In such an event, the City shall only be responsible for the reasonable value of services performed prior to the effective date of termination. 2.4 OPTIONS TO RENEW Intentionally Omitted 2.5 METHOD OF AWARD Reference Section 4 2.6 BONDS Public Construction Bond in the Amount of one hundred percent (100 %) of the GMP Price. 2.7 PAYMENT BOND Intentionally Omitted 2.8 DELIVERY City of Sunny Isles Beach I Request for Qualifications No. 15 -08 -02 • Time is of the essence. City reserves the right to cancel orders, or any part thereof, without obligation, if delivery is not made at the time specified below. 2.9 INSURANCE Upon City's notification, the Firm shall furnish to the City Manager or his designee a Certificate of insurance listing the City as an additional insured and confirming that insurance coverage has been obtained, which meets the requirements as outlined below: 2.9.1 Comprehensive General Liability Insurance The 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 • 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. 2.10.2 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. 2.10.3 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, City of Sunny Isles Beach I Request for Qualifications No. 15 -08 -02 conduct and control of its employees and for any injury sustained by such employees in the course of their employment. ■ Professional Liability Insurance Professional Liability Insurance including Errors and Omissions with minimum limits of One Million Dollars ($1,000,000.00) per occurrence. • 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. o FEDERAL AND STATE REGULATIONS The successful Firm shall comply with all federal, state and local rules and regulations, and any other laws that would apply to operating a similar type of business. • MONTHLY INVOICES PAYMENTS Cut -off date is the close of the last business day of the month. Firm shall submit by the 10th day of the following month firm's completed Statement of Services /Invoice. Should the 10th fall on a weekend or holiday, Firm shall submit his application on the next workday. Also keep in mind the City of Sunny Isles Beach holds a firm stance on our standard NET 30 payment terms. 2.10 BACKGROUND CHECKS The successful Firm will be responsible for hiring the necessary personnel to conduct the specified services and will comply with all federal, state, and local laws related to the performance of services under this Agreement. All staff assigned to this contract shall be required, at their sole cost and expense, to pass a criminal background check prior to award of the contract. The criminal background check shall consist of a Florida Department of Law Enforcement ("FDLE'� Florida Crime Information Center /National Crime Information Center ( "FCIC /NCIC ") criminal records check. Any employee not meeting this requirement will not be permitted to work at any City facility. END OF SECTION City of Sunny Isles Beach I Request for Qualifications No. 15 -08 -02 Section 3 Scope of Services / Technical Specifications 3.1 SCOPE OF SERVICES The purpose of this Request for Qualifications is to seek qualified Construction Management at Risk Firm(s) (CMAR) for the specific purpose of constructing a New Facility at 18080 Collins Avenue as well as any other generalized construction management services that may be requested by the City. The selected Construction Management firm will function as a General Contractor responsible for publicly bidding trade contracts, all scheduling and coordination of the project, and the successful, timely, and economical completion of the project. The selected Construction Manager (CM) will provide preconstruction advice, value engineering and construction services to the architect and will be responsible for constructing the project pursuant to a contractually Guaranteed Maximum Price (GMP). 3.2 BACKGROUND The City of Sunny Isles Beach has approximately 22,000 residents. The City of Sunny Isles Beach is located between the Atlantic Ocean to the East and the Intracoastal Waterway to the West and 193rd Street on the North and Haulover Beach Park on the South. Our City standards stress a high quality of redevelopment with a focus on creating visual corridors to the ocean, with access to the ocean as well as redevelopment of Sunny Isles Boulevard and Collins Avenue with a focus on protecting the environment, providing landscaping and developing aesthetically attractive structures. City of Sunny Isles Beach I Request for Qualifications No. 15 -08 -02 3.3 PROJECT BACKGROUND The intent is to have a firm provide a viable holistic approach to the construction process. The final product must be economically feasible with commission approval, as well as look aesthetically pleasing. The new facility will be used for municipal purposes, educational purposes, community & civic uses as well as commercial space. The total estimated square footage for the facility is approximately One - Hundred Thousand (100,000) square feet. The City is seeking general and specific construction management at risk (CMAR) services for the construction of a New Facility at 18080 Collins Avenue next to City Hall. The expectation is that the CMAR work hand in hand with the architect to provide pre- construction advice and value City of Sunny Isles Beach I Request for Qualifications No. 15 -08 -02 engineering to ensure they find the best way to construct a New Facility at 18080 Collins Avenue next to City Hall. Estimated construction start date is projected early 2016. • The first task will be to advise the City Manager with respect to conceptual design scheme for a Government Center Annex and accessory structure(s) related to the Government Center Annex • Respondent will be available throughout the design phase of the project, to resolve any related issues and to make recommendations to the City Manager regarding cost saving methods. • Respondent will be expected to coordinate with designated City Personnel and may be required, should the City choose, to coordinate on all or some of the project phases with a Construction Manager selected by the City and responsible directly to the City under separate contract. • The City intends to execute an agreement with a firm to provide Construction Management Risk services for a new Facility located at 18080 Collins Avenue, Sunny Isles Beach, FL 33160. This property is a 1 -acre lot. Qualification- Respondent must demonstrate expertise in design in the following areas: • Primary Construction Management Services. • Knowledge of the local market and control quality purchasing. • Ability in providing a project within the estimated budget. 3.4 SERVICES SOUGHT The respondent will provide construction management services, which shall include, but not be limited to: • Pre - Planned Construction advice to architect • Value Engineering • Consultation During Project Development between architect and owner • Scheduling • Project Construction Budget • Coordinating Contract Documents • Construction Planning • Bid packages • Bidder qualification • Competitive Bidding • Equal Employment Opportunity • Cost control and accounting • Cost saving methods The respondent will present cost estimates to City Manager and other appropriate City officials at various stages of design development as determined by the City Manager. The respondent will be required to meet with any involved City department upon request by the City Manager. City of Sunny Isles Beach I Request for Qualifications No. 15 -08 -02 The respondent will supervise and coordinate the preparation and submission of all required Federal, State, County and Local approval and permit documentation to the appropriate authorities. The respondent will work with those authorities to ensure that the project is timely permitted in accordance with all of the rules and regulations that may pertain to the project at the time of permitting. These services shall include, but not be limited to, obtaining permits and approvals from the State of Florida Department of Transportation, The State of Florida Department of Environmental Protection, Miami -Dade County Department of Environmental Resources Management, Miami -Dade County Fire Department, The U.S. Army Corps of Engineers, City of Sunny Isles Beach Zoning and City of Sunny Isles Beach Building Department and any and all authorities which may have jurisdiction. 3.5 CRITICAL ISSUES Describe any particular critical issues relating to timeliness or emphasis on particular problem areas, etc. 3.6 CANCELLATION OF REQUESTS FOR QUALIFICATIONS An invitation for qualifications, or other solicitation may be cancelled, postponed or re- advertised, or any or all respondents may be rejected in whole, or in part, as may be specified, within the City's sole discretion. The reasons therefore shall be made part of the file. Each solicitation issued by the City shall state that the solicitation may be cancelled and that any respondent may be rejected, in whole or in part, within the sole discretion of the City. Notice of cancellation shall be sent to all businesses solicited. 3.7 COSTS No reimbursement will be made by the City of Sunny Isles Beach for any costs incurred in preparation of the packet or any presentation (s). 3.8 PROPERTY OF CITY All submittals and accompanying documentation received from respondent in response to this Request for Qualifications shall become the property of the City and will not be returned to the respondent. In the event of contract award, all documentation and work product produced as part of the contract shall become the exclusive property of the City. This subsection is applicable to Requests for Qualifications and Requests for Letters of Interest documents, which also become property of the City. City of Sunny Isles Beach I Request for Qualifications No. 15 -08 -02 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. The contract will be awarded to the Firm that is determined to be in the City's best interest and pursuant to the requirements set forth in the Consultants' Competitive Negotiation Act ( "CCNA'% Section 287.055, Florida Statutes. 4.2 Qualifications Submissions shall include the following: Technical Qualifications 1. Firms and or Principals relevant experience, qualifications and past performance with Government and similar type projects. 2. Relevant experience and qualifications of key personnel. 3. Firm's approach methodology to providing the services requested in this solicitation. 4. Proposed solution functionality, implementation, other objectives and requirements as stated 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. a) Firms and or Principal must have, as a prime contractor, a minimum of 5 years of experience in projects of similar size and scope. 4.3 EVALUATION, NEGOTIATION AND AWARD City of Sunny Isles Beach I Request for Qualifications No. 15 -08 -02 Each packet will be reviewed to determine if the packet is responsive to the submission requirements outlined in this RFQ. A responsive packet 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 packet being deemed non- responsive. The contract will be awarded to the most qualified Firm based on an evaluation of the criteria described herein and pursuant to the requirements in the Consultants' Competitive Negotiation Act ( °CCNA'�, Section 287.055, Florida Statutes. Firms submitting a packet 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 retains full discretion to authorize negotiations, award or reject a contract, or authorize expenditures in the best interest of the City. 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. City of Sunny Isles Beach I Request for Qualifications No. 15 -08 -02 Evaluation Criteria 1 Professional Capabilities, Project experience including Governmental and similar type projects providing services of the type required by this RFQ 2 Ability to complete projects on schedule and within budget 3 Ability of professional personnel 4 Relevant Experience 5 Past Performance 6 Recent, current and projective workloads 8 Demonstration of Experience and ability to use respondent in the future for any project 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 retains full discretion to authorize negotiations, award or reject a contract, or authorize expenditures in the best interest of the City. 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. City of Sunny Isles Beach I Request for Qualifications No. 15 -08 -02 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 firm 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 SECTON City of Sunny Isles Beach I Request for Qualifications No. 15 -08 -02 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. Submittals shall be submitted in duplicate. Submit one (1) original, six (6) 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: Respondents must submit this required information. Failure to submit and completely fill out any or all of the required forms may result in the rejection of the Firm. LABEL EACH SECTION AS NUMBERED A. Title Page Show the name of respondent's agency /firm, address, and telephone number, name of contact person, date, 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. This section should summarize the key points of your submittal including the categories you are applying for. In addition, include a statement that your firm understands that if selected, your firm is willing to meet any location, budget, or task orders. 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 City of Sunny Isles Beach I Request for Qualifications No. 15 -08 -02 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 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 the 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. Letter of intent from a Surety Company Indicating the applicant's bond ability for this Contract. The Surety shall acknowledge that the firm can be bonded for projects with a potential construction cost of Ten Million Dollars ($10,000,000.00). The Surety Company shall be currently listed with the United States Treasury for an amount greater than Thirty Five Million Dollars ($35,000,000.00). F. Related Experience List the projects which best illustrate the experience of the firm, principal and staff which will be assigned to this project. List no more than ten (10) projects, or projects which were completed more than five (5) years ago. Provide a secondary list of all projects in Florida which exceed One Million Dollars ($1,000,000.00) in cost and which were started in the past five (5) years. Provide the following information for each project listed: • Name and location of the project • The nature of the firm's responsibility on this project including project delivery method. • Provide the name, address, phone number, and e-mail address of an Owner's representative and Architect's representative who can be contacted to provide a reference. • Size of project (dollar value and square footage of project) • Construction cost • Present status of the project; date project was completed or is anticipated to be completed • Key professionals involved on listed project who would be assigned to this Contract G. Pre - Construction Services Staff Includes management, technical and support staff. Provide a project organizational chart. Give a brief resume of key persons to be assigned to this Contract including, but not limited to: • Name and title • Current project assignments • How many years with this firm? Other firms? City of Sunny Isles Beach I Request for Qualifications No. 15 -08 -02 H. Experience Types of projects, size of projects (dollar value & square footage of project), and job assignment: • Education and Registrations • Other experience and qualifications that are relevant to this Contract • Present office location I. Construction Services Staff Provide an organizational chart and resumes of the key on -site staff which may be assigned to projects under this Contract including, but not limited to: • Name and title • Current project assignments and percentage of time for each • How many years with this firm? Other firms? J. Experience Types of projects, size of projects (dollar value & square footage of project), and job assignment • Education and Registrations • Other experience and qualifications that are relevant to this project K. Project Management Services: Describe the capabilities of your firm to provide the technical services required for: design reviews, budget estimating, value engineering, constructability analysis, construction scheduling, quality control (design and construction), cost control, claims management, and project close -out. L. Location of Offices: Provide address of each office from which staff may be assigned to this Contract and list total number of employees by job function. M. Claims and Litigation History: List all claims, arbitrations, administrative hearings, lawsuits, or criminal proceedings brought by or against firm during the last five (5) years. The list shall include the name of the project over which the dispute arose, a description of the amount in dispute, and the subject matter of the dispute. N. Forms and Attachments City of Sunny Isles Beach I Request for Qualifications No. 15 -08 -02 • Enclosed Forms; • Respondent must complete, sign as required, and submit the Addenda and all forms in the following Section 6 as part of its submittal; • Firm's Current Certificate(s) of Insurance; and • Respondent shall download required electronic forms on the City's page for this procurement item and /or on DemandStar.com END OF SECTION City of Sunny Isles Beach I Request for Qualifications No. 15 -08 -02 DELIVER TO. REQUEST FOR City of Sunny Isles Beach QUALIFICATIONS OPENING: 2:30 P.M. City Clerk SECTION 6 09/23/2015 18070 Collins Avenue RESPONDENT SUBMITTAL Sunny Isles Beach, FL 33160 FORMS 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 Date Issued: This Qualification Submittal Andrew J. Rozwadowski 08/24/2015 Consists of Pages 23 -24 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 time, publicly opened for furnishing services described in the accompanying Submittal Requirement. RFQ No. 15 -08 -02 Construction Management at Risk (CMAR) for Government Center Annex at 18080 Collins Avenue Procurement Agent; Andrew Rozwadowski Commodity Code(s); Firm Name. RETURN ONE ORIGINAL AND SIX COPIES OF QUALIFICA TION SUBMITTAL PAGES AND AFFIDA VI TS FAILURE TO SIGN PAGE 24 OF SECTION 6 WILL RENDER YOUR SUBMISSION NON- RESPONSIVE City of Sunny Isles Beach I Request for Qualifications No. 15 -08 -02 SECTION 6 RESPONDENT SUBMITTAL for: Construction Management at Risk (CMAR) for Government Center Annex at 18080 Collins Avenue 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 PART II: Addendum #1, Dated Addendum #2, Dated Addendum #3, Dated Addendum #4, Dated Addendum #5, Dated Addendum #6, Dated Addendum #7, Dated Addendum #8, Dated ❑ NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS RFQ FIRM NAME: AUTHORIZED SIGNATURE: TITLE OF OFFICER: DATE: City of Sunny Isles Beach I Request for Qualifications No. 15 -08 -02 f U `'� 000- , ` *a C FLOC` x P City of Sunny Isles Beach I Request for Qualifications No. 15 -08 -02 O� SV014Y fs, NON - COLLUSION AFFIDAVIT k City of Sunny Isles Beach 'N 18070 Collins Avenue 0 r9y a+ F L a r S�F Sunny Isles Beach, FL 33160 c' OF $uµ "4 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 TAKEN, SWORN AND SUBSCRIBED TO BEFORE ME this Personally Known Type of identification (Affix seal here) or Produced Identification AFFIANT'S TITLE day of 200_. NOTARY PUBLIC (name printed or typed) DECEMBER 28, 2010 1 of 7 04 ��HNr f S�e'`e n V S yF3p9�� iL(3R�O y4, OF suu'No 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 Citv of Sunnv Isles Beach by name for iprinr name or enmy suomirung sworn 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 statement: ) the individual signing this sworn 11.2. 1 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. 1 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. 1 understand that an "affiliate" as defined in Para. 287.133(1)(a), Florida Statutes, means: a.) predecessor or successor of a person convicted of a public entity crime; or b.) Any entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executors, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair DECEMBER 28, 2010 2 of 7 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. 1 understand that a "person" as defined in Para. 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding Contract and which Bids or applies to Bid on Contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "persons" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of any entity. 11.6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Indicate which statement applies.) Neither the entity submitting this sworn statement, nor any of it's officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order.) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 11.1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY, CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. By: (Signature) (Printed Name) (Title) Sworn to and subscribed before me this day of , 20 , by (AFFIX NOTARY STAMP HERE) Signature: Notary Public — State of Florida Print or Type Commissioned Name Personally Known OR Produced Identification Type of Identification Produced 10/1998 3 of 7 04 ��HNr f S�e'`e n V S yF3p9�� iLG O y c�TY of suu'No EQUAL OPPORTUNITY / AFFIRMATIVE ACTION City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947 -0606 Fax: (305) 949 -3113 EQUAL OPPORTUNITY /AFFIRMATIVE ACTION STATEMENT The contractors and all subcontractors hereby agree to a commitment to the principles and practices of equal opportunity in employment and to comply with the letter and spirit of federal, state, and local laws and regulations prohibiting discrimination based on race, color, religion, national region, sex, age, handicap, marital status, and political affiliation or belief. Signed: Title: Firm: Address: DECEMBER 28, 2010 4 of 7 04 ��HNr f S�e'`e n V S yF3p9�� iL(3R�O y4, c�TY OF suu'No CONFLICT OF INTEREST City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947 -0606 Fax: (305) 949 -3113 CONFLICT OF INTEREST STATEMENT The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State Statutes. Proposers must disclose with their Bids, the name of any officer, director, partner, associate or agent who is also an officer or employee of the City of Sunny Isles Beach or its agencies. STATE OF FLORIDA COUNTY OF BEFORE ME, the undersigned authority, personally appeared who was duly sworn, deposes, and states: 18.1. 1 am the with a local office in of and principal office in 18.2. The above named entity is submitting a Bid for the City of Sunny Isles Beach, Bid No. described as: Landscape Maintenance Services. The Affiant has made diligent inquiry and provides the information contained in this Affidavit based upon his own knowledge. 18.3 The Affiant states that only one submittal for the above Bid is being submitted and that the above named entity has no financial interest in other entities submitting Bids for the same project. 18.4 Neither the Affiant nor the above named entity has directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraints of free competitive pricing in connection with the entity's submittal for the above Bid. This statement restricts the discussion of pricing data until the completion of negotiations if necessary and execution of the Contract for this project. 18.5 Neither the entity nor its affiliates, nor any one associated with them, is presently suspended or otherwise ineligible from participation in contract letting by any local, State, or Federal Agency. 18.6 Neither the entity, nor its affiliates, nor any one associated with them have any potential conflict of interest due to any other clients, contracts, or property interests for this project. 18.71 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. 18.81 certify that no member of the entity's ownership or management, or staff has a vested interest in any aspect of the City of Sunny Isles Beach. 18.9 In the event that a conflict of interest is identified in the provision of services, I, on behalf of the above named entity, will immediately notify the City of Sunny Isles Beach. Dated this day of 2010. AFFIANT Print or Type Name and Title Sworn to and subscribed before me this day of O Personally Known OR O Produced Identification ; Type of Identification NOTARY PUBLIC STATE OF FLORIDA DECEMBER 28, 2010 5 of 7 2010. 04 ��HNr f S�e'`e n V S yF3p9�� iL(3R�O y4, c,TY OF suu'No DISPUTE DISCLOSURE City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947 -0606 Fax: (305) 949 -3113 DISPUTE DISCLOSURE FORM Answer the following questions by placing a "X" after "Yes" or "No ". If you answer "Yes ", please explain in the space provided, or on a separate sheet attached to this form. 19.1. Has your firm or any of its officers, received a reprimand of any nature or been suspended by the Department of Professional Regulations or any other regulatory agency or professional associations within the last five (5) years? YES NO 19.2. Has your firm, or any member of your firm, been declared in default, terminated or removed from a contract or job related to the services your firm provides in the regular course of business within the last five (5) years? YES NO 19.3. Has your firm had against it or filed any requests for equitable adjustment, contract claims, Bid protests, or litigation in the past five (5) years that is related to the services your firm provides in the regular course of business? YES NO If yes, state the nature of the request for equitable adjustment, contract claim, litigation, or protest, and state a brief description of the case, the outcome or status of the suit and the monetary amounts of extended contract time involved. I hereby certify that all statements made are true and agree and understand that any misstatement or misrepresentation of falsification of facts shall be cause for forfeiture of rights for further consideration of this Bid for the City of Sunny Isles Beach. Firm Date Authorized Signature Print or Type Name and Title DECEMBER 28, 2010 6 of 7 04 ��HNr f S�e'`e n V S yF3p9�� iLG O y OF suu'No STATE OF FLORIDA ) COUNTY OF ) 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 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. The foregoing instrument , 20 , by of person], as executed]. AFFIX NOTARY STAMP HERE: Title: was acknowledged before me this day of f name [type of authority], for [name of party on behalf of whom instrument was Notary Public — State of Florida Print or Type Commissioned Name Personally Known OR Produced Identification Type of Identification Produced DECEMBER 28, 2010 7 of 7