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HomeMy WebLinkAboutSpecificationsCity of Sunny Isles Beach |Request for Qualifications No. 15‐04‐01 1     Request for Qualifications Services   Architectural Design Services for a New Facility at 18080 Collins Ave Request for Qualifications No. 15-04-01 Publish Date: Responses Due and Opening Date: 04/30/2015 06/02/2015 at 2:00 PM All Questions Due: 05/15/2015 by 5:00 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 |Request for Qualifications No. 15‐04‐01 2     TABLE OF CONTENTS Table of Contents Page 2 Legal Advertisement/Notice to Respondents Page 3 Instructions to Respondents / General Terms Section 1 Page 4 Special Terms & Conditions Section 2 Page 9 Scope of Work / Technical Specifications Section 3 Page 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 |Request for Qualifications No. 15‐04‐01 3     LEGAL ADVERTISEMENT NOTICE TO RESPONDENTS NOTICE IS HEREBY GIVEN that the City of Sunny Isles Beach is seeking sealed submittals for the following work as specified. Architectural Design Services for a New Facility at 18080 Collins Ave   RFQ No. 15-04-01 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 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 2:00 PM on Tuesday, June 2nd 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: Architectural Design Services for a New Facility at 18080 Collins Ave  Request for Qualifications No. 15-04-01 OPENING DATE AND TIME: Tuesday, June 2nd 2015 at 2:00 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. 15-04-01 shall be directed in writing to Jane A. Hines, CMC, City Clerk, NO LATER THAN MAY 15TH 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 |Request for Qualifications No. 15‐04‐01 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 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: If any addenda are issued after the initial specifications are released, the City will post and disseminate the addenda through DemandStar. For those projects with separate plans, blue prints, or other materials that cannot be accessed through the internet, the Office of the City Clerk will make good faith effort to ensure that all registered firms (those who have been registered as receiving qualifications) receive the documents. It is the responsibility of the firm prior to the submission of any Submittal to check the above website or contact the Office of the City Clerk at (305) 792-1703 to verify any addenda issued. The receipt of all addenda’s must be acknowledged on the ACKNOWLEDGEMENT OF ADDENDA sheet. 1.4 SPECIAL ACCOMMODATIONS: Any person requiring a special accommodation at a RFQ opening because of a disability should call the Office of the City Clerk at (305) 792-1703 at lease five (5) days prior to the Pre-Qualifications Conference or RFQ opening. If you are hearing or speech impaired, please contact the Office of the City Clerk by calling the City of Sunny Isles Beach using the Florida Relay Service which can be reached at 1(800) 955-8771 (TDD). 1.5 PUBLIC ENTITY CRIMES STATEMENT: Pursuant to the provisions of paragraph (2) (a) of section 287.133, Florida statutes -"a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a submittal on a contract to provide any goods or services to a public entity, may not submit a submittal on a contract with a public entity for the construction or repair of a public Facility or public work, may not submit submittals on leases of real property to a public entity, may not be awarded to perform work as a Contractor, supplier, sub-Contractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in section 287.107, for category two for a period of 36 months from the date of being placed on the convicted vendor list”. 1.6 RESPONDENT DEADLINE: Package must be submitted no later than the time and date shown within this document. 1.7 SEALED BID: Intentionally Omitted 1.8 QUALIFICATION EXECUTION, SIGNATURES, ERASURE/CORRECTION: All submissions shall be signed in blue ink. All corrections made by the firms prior to the opening must be initialed and dated by the firms. No changes or corrections will be allowed after RFQ’s are opened. Submissions must contain an original, manual signature of an authorized representative of the company. 1.9 WITHDRAWAL OF SUBMISSIONS: Qualified Firms may withdraw submissions only by written request and shall forward the withdrawal request via “Certified U.S. Mail – Return Receipt Requested” prior to opening time. Negligence on the part of the Firm in preparing the document confers no right for the withdrawal of the submission after it has been opened. 1.10 SUBMISSION OPENING: Submissions will be opened publicly at the time and place stated in the Notice to Qualifier. It is the responsibility of the Firm, to insure that the submission reaches the Office of the City Clerk on or before the closing hour and date stated on the Request for Qualifications. After the submission opening, the names of the submitting Firms will be made public for the information of firms and other interested parties who may be present either in person or by representative. Submissions that are received after the opening time will not be considered and will not be returned. 1.11 EVALUATION OF SUBMISSIONS: The City, at its sole discretion, reserves the right to inspect any/all Firms facilities to determine their capability of meeting the requirements for the Contract. Also, responsibility, and responsiveness of the Firm, the financial position, experience, staffing, equipment, materials, references, and past history of service to the City and/or with other units of state, and/or local governments in Florida, or comparable private entities, will be taken into consideration in the Award of the Contract. 1.11.1 Hold Harmless: All Firm’s shall hold the City, it's officials and employees harmless and covenant not to sue the City, it's officials and employees in reference to their decisions to reject, award, or not award a submission, as applicable. 1.11.2 Cancellation: Failure on the part of the Firm to comply with the conditions, specifications, requirements, and terms as determined by the City, shall be just cause for cancellation of the Award. 1.11.3 Disputes: If any dispute concerning a question of fact arises under the Contract, other than termination for City of Sunny Isles Beach |Request for Qualifications No. 15‐04‐01 5     default or convenience, the Contractor and the City department responsible for the administration of the Contract shall make a good faith effort to resolve the dispute. If the dispute cannot be resolved by agreement, then the department with the advice of the City Attorney shall resolve the dispute and send a written copy of its decision to the Contractor, which shall be binding on both parties. 1.12 PERFORMANCE BOND: Intentionally Omitted 1.13 PAYMENTS: Payment will be made after commodities/services have been received, accepted, and properly invoiced as indicated in the contract and/or purchase order. The City holds a firm stance on our standard NET 30 payment terms and the responding firm shall understand and accepts this. All invoices must bear the purchase order number. 1.14 BRAND NAMES: Intentionally Omitted 1.15 MATERIAL: Intentionally Omitted 1.16 SAMPLES: Intentionally Omitted 1.17 QUANTITY GUARANTY: Intentionally Omitted 1.18 GOVERNMENTAL RESTRICTIONS ON MATERIALS: Intentionally Omitted 1.19 SAFETY STANDARDS: Intentionally Omitted 1.20 WARRANTIES: Intentionally Omitted. 1.21 COPYRIGHTS/PATENT RIGHTS: Intentionally Omitted 1.22 LOCAL BUSINESS TAX (OCCUPATIONAL LICENSE REGISTRATION): The firm shall be responsible for obtaining and maintaining throughout the contract period his or her city and county local business tax receipts. Each Firm submitting a submittal on this Request for Qualifications shall include a copy of the company’s local business tax/occupational license(s) with the qualifiers response. For information specific to City of Sunny Isles Beach local business tax/occupational licenses, please call Code Enforcement & Licensing at (305) 792-1705. If the contractor is operating under a fictitious name as defined in Section 865.059, Florida Statutes, proof of current registration with the Florida Secretary of State shall be submitted. A business formed by an attorney actively licensed to practice law in this state, by a person actively licensed by the Department of Business and Professional Regulations or the Department of Health for the purpose of practicing his or her licensed profession, or by any corporation, partnership, or other commercial entity that is actively organized or registered with the Department of State shall submit a copy of the current licensing from the appropriate agency and/or proof of current active status with the Division of Corporations of the State of Florida. 1.23 LIABILITY, INSURANCE, PERMITS AND LICENSES: Firms shall assume the full duty, obligation, and expense of obtaining all necessary licenses, permits, inspections, and insurance required. The Firm shall be liable for any damages or loss to the City occasioned by negligence of the Firm (or their agent) or any person the Firm has designated in the completion of their contract as a result of the submission. Firm shall be required to furnish a copy of all licenses, certificates of competency or other licensor requirements necessary to practice their profession as required by Florida State Statute, Miami-Dade County, and City of Sunny Isles Beach Code. Firm shall include current Miami-Dade County Certificates of Competency. These documents shall be furnished to the City along with the Firms response. Failure to furnish these documents or to have required licensor will be grounds for rejecting the submission. 1.24 CERTIFICATE (S) OF INSURANCE: Firm shall furnish to the Office of the City Clerk, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida 33160, certificate(s) of insurance which indicate that insurance coverage has been obtained from an insurance company authorized to do business in the State of Florida or otherwise secured in a manner satisfactory to the City, for those coverage types and amounts listed in this document, in an amount equal to 100% of the requirements and shall be presented to the City prior to issuance of any Contract(s) or Award(s) Document(s). The City of Sunny Isles Beach shall be named as "additional insured" with respect to this coverage. The required certificates of insurance shall not only name the types of policies provided, but shall also refer specifically to this and section. At the time of Firms submission the Firm must submit certificates of insurance as outlined in the General Conditions section. All required insurances shall name the City of Sunny Isles Beach as additional insured and such insurance shall be issued by companies authorized to issue insurance in the State of Florida. It shall be the responsibility of the Firm and insurer to notify the City Manager of the City of Sunny Isles Beach of cancellation, lapse, or material modification of any insurance policies insuring the Firms, which relate to the activities of such vendor and the City of Sunny Isles Beach. Such notification shall be in writing, and shall be submitted to the City finance support service director thirty (30) days prior to cancellation of such policies. This requirement shall be reflected on the certificate of insurance. Failure to fully and satisfactorily comply with the city's insurance and bonding requirements set forth herein will authorize the City Manager to implement a rescission of the Bid award without further City Commission action. The Firm hereby holds the City harmless and agrees to indemnify City and covenants not to sue the City by virtue of such rescission. 1.25 ASSIGNMENT: The Firm shall not transfer or assign the performance required by this RFQ without the prior written consent of the City Manager. Any award issued pursuant to the Request for Qualifications and monies, which may be due hereunder, are not assignable except with prior written approval of the City Manager. Further, in the event that the majority ownership or control of the Firm changes hands subsequent to the award of this contract, Firm shall promptly notify City in writing (via United States Postal Service – Certified Mail, Return Receipt Requested) of such change in ownership or control at least thirty (30) days prior to such change and City shall have the right to terminate the contract upon sixty (60) days written notice, at City’s sole discretion. 1.26 HOLD HARMLESS/INDEMNIFICATION: The Firm shall indemnify, hold harmless, and defend the City of Sunny Isles Beach, it's officers, agents and employees from and against any claims, demands or causes of action of whatsoever kind or nature arising out of error, omission, negligent act, conduct, or misconduct of the Contractor, their agents, servants or employees in the provision of goods or the performance of services pursuant to this RFQ and / or from any procurement decision of the City including without limitation, awarding the Contract to the Firm. 1.27 NON-CONFORMANCE TO CONTRACT: City of Sunny Isles Beach |Request for Qualifications No. 15‐04‐01 6     Intentionally Omitted 1.28 DEFAULT PROVISION: In case of default by the Firm, the City of Sunny Isles Beach may procure the articles or services from other sources and hold the Firms responsible for any excess costs occasioned or incurred thereby. 1.29 SECONDARY/OTHER FIRMS: Intentionally Omitted. 1.30 DEFINITIONS: Wherever used in these General Conditions or in the other Contract Documents, the following terms shall have the meaning indicated which shall be applicable to both the singular and plural thereof: Acceptance: Acceptance by the City of the Work as being fully complete in accordance with the Contract Documents subject to waiver of claims. Agreement: The written Agreement between the City and the Contractor covering the Work to be performed, which includes the Contract Documents. Addenda: Written or graphic instruments issued prior to the Bid Opening, which modify or interpret the Contract Documents, Drawings and Specifications, by addition, deletions, clarifications or corrections. Approved: Means approved by the City. Firm: Any person or corporation submitting a package for RFQ Work. Bonds: Bid, performance bond and other instruments of security, furnished by the Contractor and their surety in accordance with the Contract Documents and in accordance with the law of the State of Florida. Change Order: A written order to the Contractor signed by the City authorizing an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued after execution of the Agreement. City: City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida 33160. Contract Documents: Contract Documents shall include, Instructions to Firms, Contractor's Bid, the Bonds, the Notice of Award, the Agreement between the City and Contractor as well as any addenda thereto, these General Conditions, Special Conditions, the Technical Specifications, Drawings and Modifications, Notice to Proceed, Request for Qualifications, Insurance Certificates, Change Orders and Acknowledgment of Conformance with the City of Sunny Isles Beach. Contract Price: The total monies payable to the Contractor under the Contract Documents. Contract Time: The number of calendar days stated in the Agreement for the completion of the Work. Contracting Officer: The individual who is authorized to sign the contract documents on behalf of the City’s governing body. Contractor: The person, firm or corporation with whom the City has executed this Agreement. Day: A calendar day of twenty-four hours measured from midnight to the next midnight. Field Order: A written order issued by the City which clarifies or interprets the Contract Documents or orders minor changes in the Work. Modification: Modification means any one of the following: (a) a written amendment of the Contract Documents signed by both parties, (b) a Change Order, (c) a written clarification or interpretation if issued by the City, or (d) a written order for minor change or alteration in the Work issued by the City. A modification may only be issued after execution of the Agreement. Notice of Award: The written notice by City to the apparent successful Firms stating that upon compliance with the conditions precedent to be fulfilled by him within the time specified, City will execute and deliver the Agreement to him. Samples: Physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. Specifications: Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work. Statement of Services: The form furnished by the City which is to be used by the Contractor in requesting progress payments. Supplier: Any person or organization that supplies materials or equipment for the Work, including that fabricated to a special design, but who does not perform labor at the site. Work: Any and all obligations, duties and responsibilities necessary to the successful completion of the Project assigned to or undertaken by Contractor under the Contract Documents, including all labor, materials, equipment and other incidentals, and the furnishing thereof. Written Notice: The term “Notice” as used herein shall mean and include all written notices, demands, instructions, claims, approvals and disapproval’s 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 City of Sunny Isles Beach |Request for Qualifications No. 15‐04‐01 7     whom it is intended, or to an authorized representative or such individual, firm, or corporation, or if delivered at or sent by registered mail to the last business address known to them who gives the notice. Unless otherwise stated in writing, any notice to or demand upon the City under this Contract shall be delivered to the City. 1.31 REQUEST FOR QUALIFICATION AWARD: The City reserves the right to reject any and all submissions at its sole discretion. The City shall award contract after the City performs all necessary searches, inquiries, exploration, and analysis of the submissions. The award of the contract shall be done in accordance with the Consultants’ Competitive Negotiation Act (“CCNA”), Section 287.055, Florida Statutes. No Notice of Award will be given until the City has concluded any investigation(s) as they deem necessary to establish the Firm’s capability to perform the Services as described in this RFQ as substantiated by the required professional experience, client references, technical knowledge and qualifications; and sufficient labor and equipment to comply with the City’s established standards, as well as the financial capability of the Firms to perform the Work in accordance with the Contract Documents to the satisfaction of the City within the time prescribed. The City reserves the right to reject the submissions of any Firms on the basis of these queries and investigations and to reject those who do not meet the City’s satisfaction. When analyzing submissions, the City will take into consideration client references, past work experience and work product, proven ability to satisfactorily perform. If the Contract is awarded, the City will issue the Notice of Award and give the successful Firm a Contract for execution within ninety (90) days after opening of submissions. 1.32 EXECUTION OF AGREEMENT: At least four counterparts of the Agreement, the Certificates of Insurance and such other Documents as required by the Contract Documents shall be executed and delivered by the Firm to the City within ten (10) calendar days of receipt of the Notice of Award. 1.33 LAWS AND REGULATIONS: The Firm will give all notices and comply with all laws, ordinances, rules and regulations applicable to the Work. If the Firm observes that the Specifications are at variance therewith, they will give the City prompt written notice thereof, and any necessary changes shall be adjusted by an appropriate modification. If the Firm performs any Work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the City, they will bear all costs arising wherefrom. 1.34 TAXES: The City of Sunny Isles Beach is exempt from sales tax imposed by the State and/or Federal Government. Florida Sales Tax Exemption No. 23-00-477131-54C appears on each purchase order. Exemption certificates are available upon request. 1.35 DUTY TO DEFEND, INDEMNIFY AND SAVE HARMLESS: In consideration of the separate sum of twenty-five dollars ($25.00) and other valuable consideration, the Firm shall defend, indemnify and hold harmless the City, its officers, agents and employees, from or on account of any injuries or damages, received or sustained by any person or persons during or on account of any operations connected with the Work described in the Contract Documents, or by or in consequence of any negligence in connection with the same; or by use of any improper materials or by or on account of any act or omission of the said Firm, agents, servants or employees. The Firm will defend, indemnify and hold harmless the City and their agents or employees from and against all claims, damages, losses and expenses including attorneys' fees arising out of or resulting from the performance of the Work, provided that any such claim damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than Work itself) including the loss of use resulting wherefrom and (b) is caused in whole or in part by any negligent act or omission of the Firm or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused by a party indemnified hereunder. In the event that a court of competent jurisdiction determines that Sec. 725.06 (2), F.S. is applicable to this Work, then in lieu of the above provisions of this section the parties agree that Firm shall indemnify, defend and hold harmless the City, their officers and employees, to the fullest extent authorized by Sec. 725.06 (2) F.S., which statutory provisions shall be deemed to be incorporated herein by reference as if fully set forth herein. In the event that any action or proceeding is brought against City by reason of any such claim or demand, Firm, upon written notice from City shall defend such action or proceeding by counsel satisfactory to City. The indemnification provided above shall obligate Firm to defend at its own expense or to provide for such defense, at City’s option, any and all claims of liability and all suits and actions of every name and description that may be brought against City, excluding only those which allege that the injuries arose out of the sole negligence of City, which may result from the operations and activities under this Contract whether the Work be performed by Firm or by anyone directly or indirectly employed by either. 1.36 DECISIONS ON DISAGREEMENTS: The City will be the initial interpreter of the Technical Specifications. 1.37 CITY MAY TERMINATE: If the Firm is adjudged bankrupt or insolvent, or if they make a general assignment for the benefit of their creditors, or if a trustee or receiver is appointed for the Firm or for any of their property, or if they file a petition to take advantage of any debtor’s act, or to reorganize under bankruptcy or similar laws, or if they fail to supply sufficient skilled workmen or equipment, or if they disregard laws, ordinances, rules, regulations or orders of any public body having jurisdiction, or if they disregard the authority of the City, of if they otherwise violate any provision of, the Contract Documents, then the City may, without prejudice to any other right or remedy and after giving the Firm ten (10) days written notice and terminate the services of the Firm if they fail to cure the noted violations within this day cure period. In such case the Firm shall only be paid for Work satisfactorily performed up to the effective date of termination. 1.37.1 Where the Firm’s services have been so terminated by the City said termination should not affect any rights of the City against the Firm then existing or which may thereafter accrue. Any retention or payment of moneys by the City due the Firm will not release the Firm from liability. 1.37.2 Upon ten (10) days written notice to the Firm, the City may, without cause and without prejudice to any other right or remedy, elect to terminate the Agreement without cause. In such case, the Firm shall be paid for all Work satisfactorily performed and accepted by the City of Sunny Isles Beach |Request for Qualifications No. 15‐04‐01 8     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: 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: 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. 15‐04‐01 9     Section 2 Special Terms and Conditions 2.1 PURPOSE OF THIS REQUEST FOR PROPOSAL: The City of Sunny Isles Beach, Florida, (the “City”) a municipality located in Miami-Dade County, Florida, seeks to secure a contract with an architectural firm (“Firm”) to provide architectural design 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 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 PERFORMANCE BOND Intentionally Omitted 2.7 PAYMENT BOND Intentionally Omitted City of Sunny Isles Beach |Request for Qualifications No. 15‐04‐01 10     2.8 BID BOND Intentionally Omitted 2.9 DELIVERY Intentionally Omitted 2.10 INSURANCE Upon City’s notification, the Firm shall furnish to the City Manager or his designee, Certificates of Insurance that indicate that insurance coverage has been obtained, which meet the requirements as outlined below: 2.10.1 Comprehensive General Liability Insurance Contractor shall be required to purchase, maintain, and keep in full force, effect, and good standing, Comprehensive General Liability with primary limits of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate during the initial and any renewal term of this Agreement. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services 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 City of Sunny Isles Beach |Request for Qualifications No. 15‐04‐01 11     Worker's Compensation Insurance for statutory obligations imposed by Worker's Compensation or Occupational Disease Laws, including, where applicable, the United States Longshoremen's and Harbor Worker's Act, the Federal Employers’ Liability Act and the Homes Act. Employer's Liability Insurance shall be provided with a minimum of One Million Dollars ($1,000,000.00) per accident. Contractor agrees to be responsible for the employment, conduct and control of its employees and for any injury sustained by such employees in the course of their employment. 2.10.4 Professional Liability Insurance Professional Liability Insurance including Errors and Omissions with minimum limits of One Million Dollars ($1,000,000.00) $1,000,000.00 per occurrence. 2.10.5 Cancellation and Re-Insurance If any insurance should be cancelled or changed by the insurance company or should any insurance expire during the period of this contract, the Firm shall be responsible for securing other acceptable insurance to provide the coverage specified in this section to maintain coverage during the life of this Contract. All deductibles must be declared by the Firm and must be approved by the City. At the option of the City, either the Firm shall eliminate or reduce such deductible or the Firm shall procure a Bond, in a form satisfactory to the City, covering the same. NOTE: THE CITY OF SUNNY ISLES BEACH, CONTRACT NUMBER AND TITLE MUST APPEAR ON EACH CERTIFICATE OF INSURANCE. 2.11 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. 2.12 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. 2.13 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 minimum wage, social security, nondiscrimination, Americans with Disabilities Act (“ADA”), unemployment compensation, and workers’ compensation. 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 City of Sunny Isles Beach |Request for Qualifications No. 15‐04‐01 12     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 |Request for Qualifications No. 15‐04‐01 13     Section 3 Scope of Services / Technical Specifications 3.1 SCOPE OF SERVICES The City is soliciting professional architectural design services and related work for 18080 Collins Avenue, Sunny Isles Beach, FL 33160, which may include, but not limited to, the following tasks Architectural: Design; Reports; Analysis; Graphic Conceptual Drawings; Color Selection and Coordination; Inspection; General Design Work; Preparation of Complete Construction Contract Plans; Special Provisions Public Involvement; Post Design Services (submittal review and responses to Request for Information) The City intends to execute an agreement with a firm to provide design services for a new Facility located at 18080 Collins Avenue, Sunny Isles Beach, FL 33160. This property is a 1-acre lot. The intent is to have a firm provide a viable holistic approach to the design 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 100,000 square feet. City of Sunny Isles Beach |Request for Qualifications No. 15‐04‐01 14     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. Firm’s 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.  Firms must have, as a prime contractor, a minimum of 5 years of experience in projects of similar size and scope. City of Sunny Isles Beach |Request for Qualifications No. 15‐04‐01 15     4.3 EVALUATION, NEGOTIATION AND AWARD Each proposal will be reviewed to determine if the proposal is responsive to the submission requirements outlined in this RFQ. A responsive proposal is one which follows the requirements of this solicitation and includes all documentation, is submitted in the format outlined in this solicitation, is of timely submission, and has the appropriate signatures as required on each document. Failure to comply with these requirements may result in the proposal being deemed non-responsive. 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 proposal to this RFQ shall include detailed information addressing the following criteria: An agenda item to the City Commission will be prepared requesting the designation of, and the authorization to negotiate with, one or more of three (3) firms deemed to be the most qualified to perform the services required by this RFQ. The City Manager retains full 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 Financial stability and past record 4 Size of workforce, workload 5 Availability of personnel per location City of Sunny Isles Beach |Request for Qualifications No. 15‐04‐01 16     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. 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 |Request for Qualifications No. 15‐04‐01 17     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: LABEL EACH SECTION AS NUMBERED A. Title Page Show the name of respondent's agency/firm, address, 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 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. City of Sunny Isles Beach |Request for Qualifications No. 15‐04‐01 18     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. Qualification Information and Assigned Personnel Include any additional information which might enhance the City's understanding of the Firm and its capabilities, adequacy and pertinent experience of key personnel, past record, projects experience, financial stability, size of workforce, availability of personnel per location, local permitting experience, performance records, additional references and ability to complete projects on schedule and within budget. You may include certifications, registrations, trainings, awards, memberships, and letters of recommendation. State if the Firm is licensed, permitted and/or certified to do business in the State of Florida and attach copies of all such licenses issued to the business entity and copies of key staff PE licenses. The City will accept State of Florida Certifications. F. Firm References and Similar Work Completed This section shall provide the number of years of experience of the Firm in the specified work areas and examples of similar size projects with applicable reference information, with emphasis on similar government projects in similar climates. Concentrate only on those projects completed by the Firm within the past five (5) years, which mostly match the scope of this project. Please indicate which team members were part of the referenced projects and will be a part of the City’s projects. Indicate whether the experience was with the current Firm or a past employer. In all illustrations of experience, indicate specifically the nature and extent of the work performed by the individuals or firms on prior similar projects. The title and a brief description of each project shall include: a. Client Name, Address, Contact, Phone and Fax Numbers and valid e-mail address; b. Project Title; c. Description of work performed, including the project location; and d. Year completed. If sub-consultants are a part of the proposed work plan, include items A through D for each firm, including an organizational chart showing the relationship between the responding firm and the sub firm(s). G. Corporate Standing and Authorized Signatory Respondent must demonstrate that the company is in good standing and that the person signing this submittal is an Authorized Signatory on behalf of the respondent to sign bids, proposals, negotiate and/or sign contracts, agreements, amendments and related documents to which the City of Sunny Isles Beach |Request for Qualifications No. 15‐04‐01 19     respondent will be duly bound. The respondent must provide a copy of the State Certificate of good standing listing the officers of the company. If the signatory is not one of the officers listed on the State Certificate, the respondent must provide one of the following forms of evidence of Signatory Authority with its response: a. A copy of firm’s Articles of Incorporation listing the approved signatories of the corporation; b. A copy of a resolution listing the members of staff as authorized signatories for the firm; and c. A letter from a corporate officer listing the members of staff that are authorized signatories for the firm. H. Forms and Attachments a. Enclosed Forms; b. Respondent must complete, sign as required, and submit the Addenda and all forms in the following Section 6 as part of its submittal; c. Firm’s Current Certificate(s) of Insurance; and d. 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 |Request for Qualifications No. 15‐04‐01 20     DELIVER TO: City of Sunny Isles Beach City Clerk 18070 Collins Avenue Sunny Isles Beach, FL 33160 REQUEST FOR QUALIFICATIONS SECTION 6 RESPONDENT SUBMITTAL FORMS OPENING: 2:00 P.M. 06/02/2015 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 Andrew J. Rozwadowski Date Issued: 04/30/2015 This Qualification Submittal Consists of Pages 19 - 22 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. 15-04-01 Architectural Design Services for a New Facility at 18080 Collins Ave Procurement Agent: Firm Name: Andrew Rozwadowski ________________________________________ Commodity Code(s): RETURN ONE ORIGINAL AND SIX COPIES OF QUALIFICATION SUBMITTAL PAGES AND AFFIDAVITS FAILURE TO SIGN PAGE 22 OF SECTION 6 QUALIFICATION SUBMITTAL WILL RENDER YOUR SUBMISSION NON-RESPONSIVE City of Sunny Isles Beach |Request for Qualifications No. 15‐04‐01 21     SECTION 6 RESPONDENT SUBMITTAL FOR: 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. 15‐04‐01 22     RESPONDENT SUBMITTAL FORM Architectural Design Services for a New Facility at 18080 Collins Ave.   The undersigned Firm proposes and agrees, if this submission is accepted, to enter into an agreement with the City of Sunny Isles Beach to perform and furnish all Services as specified or indicated in the Contract Documents. The Firm accepts all of the terms and conditions of this Request for Qualifications. This Bid will remain subject to acceptance for 90 days after the day of Bid opening. The Firms agrees to sign and submit the Agreement and other documents as required by the Bidding Requirements within ten days after the date of the City’s Notice of Award. In submitting this Bid, the Firm represents, as more fully set forth in the Agreement, that:  The Firm has familiarized himself/herself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Law and Regulations that in any manner may affect cost, progress, performance, or furnishing of the Work.  The Firm has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions.  The Firm has given the City written notice of all conflicts, errors, discrepancies that it has discovered in the Contract Documents and the written resolution thereof by City is acceptable to the Firm.  This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; the Firm has not directly or indirectly induced or solicited any other Firms to submit a false or sham Bid; the Firm has not solicited or induced any person, firm or corporation to refrain from Bidding; and Firm has not sought by collusion to obtain for itself any advantage over any other Firms or over the City. The City and the successful Firm will establish completion times for the services described in this Request for Qualifications and the successful Firm agrees that the services will be completed within the time frames agreed upon and stipulated in the individual Notice to Proceed. City of Sunny Isles Beach |Request for Qualifications No. 15‐04‐01 23     Firm Name: _____________________________________________________________________________ Street Address: _____________________________________________________________________________ Mailing Address (if different): _____________________________________________________________________________ Telephone No. _______________________________Fax No. _________________________ Email Address: _______________________________FEIN No. __/__-__/__/__/__/__/__/__ *“By signing this document the Responder agrees to all Terms Signature: __________________________________________________________________ (Signature of authorized agent) Print Name: _________________________ Title: _________________________________________ THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF FIRM TO BE BOUND BY THE TERMS OF ITS SUBMISSION. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED ABOVE BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE SUBMISSION NON-RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY SUBMISSION THAT INCLUDES AN EXECUTED DOCUMENT, WHICH UNEQUIVOCALLY BINDS THE FIRM TO THE TERMS OF ITS OFFER. City of Sunny Isles Beach |Request for Qualifications No. 15‐04‐01 24     AFFIDAVITS