HomeMy WebLinkAboutRFQ 18-02-01 Marine and Coastal Professional Engineering Consulting Services
City of Sunny Isles Beach |Request for Qualifications No. 18-02-01 1
Request for Qualifications No. 18-02-01
Professional Services
MARINE AND COASTAL PROFESSIONAL ENGINEERING
CONSULTING SERVICES (CCNA)
Advertisement Date: Tuesday, February 27, 2018
All Questions Due: Friday, March 16, 2018 by 5:00 PM
Submission due date: Thursday, March 22, 2018 at 2:30 PM
Anticipated Commission Meeting Agenda: April 2018
Submit to:
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. 18-02-01 2
TABLE OF CONTENTS
Contents: PAGE #
Table of Contents………………………………………………………………………………….……..……….… Page 2
Legal Advertisement/Notice to Respondents……………………………………….……………………… Page 3
Instructions to Respondents / General Terms …………………………..……..….….… Section 1 Page 4
Special Terms & Conditions………………………………………………….…………………… Section 2 Page 9
Scope of Work / Technical Specifications……………………………………………………. Section 3 Page 18
Evaluation Process……………………………………………….………………………………….. Section 4 Page 23
Request for Qualification Format ……………………………………………….…………….… Section 5 Page 25
Respondents Submittal Form ……………………………………………….……….….…….… Section 6 Page 28
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
Attachment
Standard Form 330
City of Sunny Isles Beach |Request for Qualifications No. 18-02-01 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.
MARINE AND COASTAL PROFESSIONAL ENGINEERING CONSULTING SERVICES (CCNA)
The Specifications for this Request for Qualifications are available from DemandStar by calling (800) 711-
1712 or by accessing their website at www.demandstar.com. The Specifications may also be examined at
the City of Sunny Isles Beach – Office of the City Clerk. Firms who obtain the Specifications from sources
other than DemandStar or the City of Sunny Isles Beach are cautioned that their response package may
be incomplete. Addenda will be posted and disseminated by DemandStar at least five days prior to the
submittal date to all firms who are listed on the official list. The City may not accept incomplete submissions.
Sealed submittals will be received by the City Clerk no later than 2:30 PM on Thursday, March 22, 2018
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:
MARINE AND COASTAL PROFESSIONAL ENGINEERING CONSULTING SERVICES (CCNA)
Request for Qualifications No. 18-02-01
OPENING DATE AND TIME: Thursday, March 22, 2018 at 2:30 PM
The City reserves the right to reject any or all submittals, with or without cause, to waive technical errors
and informalities, and to accept the 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. 18-02-01 shall be directed in writing to Mauricio
Betancur, CMC, City Clerk, at least five (5) business days prior to the date of the Bid opening. Questions
may be submitted via email to: MBetancur@sibfl.net or via facsimile (305) 792-1563 or via regular mail
at: Mauricio Betancur, CMC, City Clerk, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles
Beach, FL 33160. Pursuant to Florida Statutes 119.071, sealed bids, proposals or replies by an agency
pursuant to a competitive solicitation are exempt from inspection until such time as the agency provides
notice of an intended decision or until thirty (30) days after the opening of the bids, proposals, or final
replies, whichever is earlier.
Mauricio Betancur, CMC, City Clerk
City of Sunny Isles Beach
City of Sunny Isles Beach |Request for Qualifications No. 18-02-01 4
SECTION 1
INSTRUCTIONS TO RESPONDENTS / GENERAL TERMS AND CONDITIONS
THESE INSTRUCTIONS ARE STANDARD FOR ALL REQUEST FOR QUALIFICATIONS ISSUED BY THE CITY OF SUNNY ISLES BEACH. THE CITY OF SUNNY ISLES BEACH MAY
DELETE, SUPERSEDE OR MODIFY ANY OF THESE STANDARD INSTRUCTIONS FOR A PARTICULAR CONTRACT BY INDICATING SUCH CHANGE IN SPECIAL INSTRUCTIONS TO
QUALIFERS. ANY AND ALL SPECIAL CONDITIONS THAT MAY VARY FROM THE GENERAL CONDITIONS SHALL HAVE PRECEDENCE. FIRM AGREES THAT THE PROVISIONS
INCLUDED WITHIN THIS RFQ SHALL PREVAIL OVER ANY CONFLICTING PROVISION WITHIN ANY STANDARD FORM CONTRACT OF THE QUALIFER REGARDLESS OF ANY
LANGUAGE IN QUALIFER’S CONTRACT TO THE CONTRARY.
1.1 CLARIFICATION/EXPLANATION/QUESTIONS:
Any questions concerning this Request for Qualifications or any
required need for clarification must be made to Mauricio Betancur,
CMC, City Clerk via email to: MBetancur@sibfl.net or via facsimile
(305) 792-1563 or via regular mail at: Mauricio Betancur, CMC, City
Clerk, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles
Beach, FL 33160. Such requests for clarification/explanation or
questions must be made in writing to Mauricio Betancur, CMC, 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
305.792.1703
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
City of Sunny Isles Beach |Request for Qualifications No. 18-02-01 5
terms as determined by the City, shall be just cause for
cancellation of the Award.
1.11.3 Disputes: If any dispute concerning a question of fact
arises under the Contract, other than termination for
default or convenience, the Contractor and the City
department responsible for the administration of the
Contract shall make a good faith effort to resolve the
dispute. If the dispute cannot be resolved by
agreement, then the department with the advice of the
City Attorney shall 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 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 thirty (30) days written notice, at City’s
sole discretion.
1.26 HOLD HARMLESS/INDEMNIFICATION:
The Firm shall indemnify, hold harmless, and defend the City of
Sunny Isles Beach, it's officers, agents and employees from and
against any claims, demands or causes of action of whatsoever kind
or nature arising out of error, omission, negligent act, conduct, or
misconduct of the Contractor, their agents, servants or employees in
the provision of goods or the performance of services pursuant to
this RFQ and / or from any procurement decision of the City including
without limitation, awarding the Contract to the Firm.
City of Sunny Isles Beach |Request for Qualifications No. 18-02-01 6
1.27 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.
1.28 SECONDARY/OTHER FIRMS:
Intentionally Omitted.
1.29 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: As required by CCNA 287.055
Contract Time: The number of calendar days stated in
the Agreement for the completion of the
Work.
Contracting Officer: The individual who is authorized to sign
the contract documents on behalf of the
City’s governing body.
Contractor: The person, firm or corporation with
whom the City has executed this
Agreement.
Day: A calendar day of twenty-four hours
measured from midnight to the next
midnight.
Field Order: A written order issued by the City which
clarifies or interprets the Contract
Documents or orders minor changes in
the Work.
Modification: Modification means any one of the
following: (a) a written amendment of
the Contract Documents signed by both
parties, (b) a Change Order, (c) a written
clarification or interpretation if issued by
the City, or (d) a written order for minor
change or alteration in the Work issued
by the City. A modification may only be
issued after execution of the Agreement.
Notice of Award: The written notice by City to the apparent
successful Firms stating that upon
compliance with the conditions precedent
to be fulfilled by him within the time
specified, City will execute and deliver
the Agreement to him.
Samples: Physical examples which illustrate
materials, equipment or workmanship
and establish standards by which the
Work will be judged.
Specifications: Those portions of the Contract
Documents consisting of written
technical descriptions of materials,
equipment, construction systems,
standards and workmanship as applied to
the Work.
Statement of Services: The form furnished by the City which is
to be used by the Contractor in
requesting progress payments.
Supplier: Any person or organization that supplies
materials or equipment for the Work,
including that fabricated to a special
design, but who does not perform labor
at the site.
Work: Any and all obligations, duties and
responsibilities necessary to the
successful completion of the Project
assigned to or undertaken by Contractor
under the Contract Documents, including
all labor, materials, equipment and other
incidentals, and the furnishing thereof.
Written Notice: The term “Notice” as used herein shall
mean and include all written notices,
demands, instructions, claims, approvals
and disapprovals required to obtain
compliance with Contract requirements.
Written notice shall be deemed to have
been duly served if delivered in person to
the individual or to a member of the firm
or to an officer of the corporation for
whom it is intended, or to an authorized
representative or such individual, firm, or
corporation, or if delivered at or sent by
City of Sunny Isles Beach |Request for Qualifications No. 18-02-01 7
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.
1.30 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.
1.31 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.
1.32 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.
1.33 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.
1.34 DUTY TO DEFEND, INDEMNIFY AND HOLD 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.
1.35 DECISIONS ON DISAGREEMENTS:
The City will be the initial interpreter of the Technical Specifications.
1.36 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.
1.36.1 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.
1.36.2 Upon ten (10) days written notice to the Firm, the City
may, without cause and without prejudice to any other
right or remedy, elect to terminate the Agreement
without cause. In such case, the Firm shall be paid for
all Work satisfactorily performed and accepted by the
City as of the effective date of the termination. No
payment shall be made for lost profit or any other
consequential damages for Work that has not been
performed regardless of whether Firm is terminated
with or without cause.
1.37 MISCELLANEOUS:
Firm acknowledge the following miscellaneous conditions:
1.37.1 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
City of Sunny Isles Beach |Request for Qualifications No. 18-02-01 8
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.
1.37.2 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.
1.37.4 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.
1.38 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.
1.39 GOVERNING LAW:
The Contract shall be construed in accordance with and governed by
the law of the State of Florida.
1.40 VENUE:
Venue of any action to enforce the Contract Documents shall be in
Miami-Dade County, Florida.
1.41 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.
1.42 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.
1.43 INDEPENDENT FIRM:
The Firm is an independent contractor under the Contract. Services
provided by the Firm shall be by employees of the Firm and subject
to supervision by the Firm, and not as officers, employees, or agents
of the City. Personnel policies, tax responsibilities, social security
and health insurance, employee benefits, purchasing policies and
other similar administrative procedures, applicable to services
rendered under the Contract shall be those of the Firm.
1.44 TRUTH-IN-NEGOTIATION CERTIFICATE:
In compliance with the CONSULTANT’S Competitive Negotiation
Act, for any Project to be compensated under the Lump Sum
method, the CONSULTANT shall certify that wage rates and other
factual unit costs supporting the compensation are accurate,
complete, and current at the time of Notice to Proceed.
The original Project price and any addition thereto will be adjusted
to exclude any significant sums by which the CITY determines the
project price was increased due to inaccurate, incomplete or non-
current wage rates and other factual unit costs. All such price
adjustments will be made within 1 year following the end of the
Project.
1.45 LOBBYING
All Respondents, their agents and sub- consultants or sub-
contractors, are hereby placed on noticed that neither the City
Commission Members, any Evaluation Committee member,
employees of the City or employees of any other sponsoring agency
shall be lobbied either individually or collectively regarding this
Solicitation. Respondents and their agents, sub-consultants or sub-
contractors are hereby placed on notice that they are prohibited from
contacting any of these individuals for any purpose relating to this
Solicitation. Any Proposal submitted by a Respondent, its agents,
sub-consultants or sub-contractors who violate these guidelines will
not be considered for review. The City Clerk shall be the only point
of contact for questions and/or clarifications concerning this
Solicitation, the selection process and the negotiation and award
procedures.
1.46 SOLICITATION, GIVING, AND ACCEPTANCE OF GIFTS
POLICY
Public officers, employees, local government attorneys, and
candidates are prohibited from soliciting or accepting anything of
value, such as a gift, loan, reward, promise of future employment,
favor, or service that is based on an understanding that their vote,
official action, or judgment would be influenced by such gift. [Sec.
112.313(2), Fla. Stat.]
End of Section
City of Sunny Isles Beach |Request for Qualifications No. 18-02-01 9
Section 2
Special Terms and Conditions
2.1 PURPOSE OF REQUEST FOR QUALIFICATIONS:
The City of Sunny Isles Beach, Florida, (the “City”) a municipality located on a barrier island in
Northeast Miami-Dade County, Florida, seeks to secure a contract with a professional firm (“Firm”)
to provide on-going consultation for marine, coastal engineering and critically eroded coastal
assessment mitigation services. The services include but are not limited to: cost- effective long-
term solutions as to beach erosion, engineering and technical support, field studies and coastal
surveying, identification of erosion and flooding vulnerable areas and effective risk mapping ,
shoreline stabilization solutions, erosion control line, seawall and riprap design and implementation,
coastal and inlet structures, obtaining Local/State and Federal Grants, FDEP process & consultation,
and engineering designs and reviews for construction projects on an as-needed basis.
The firm shall have a profound understanding of the documentation involved for federal
reimbursement and assistance with obtaining federal, state and county permits. The prospective
firm certifies, by submission of this proposal, that neither it nor its principals is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating
in covered transactions by any Federal department or agency.
2.2 PRE-QUALIFICATION CONFERENCE
Intentionally Omitted
2.3 TERM OF CONTRACT
This contract will commence upon execution by both parties which shall be the effective date
succeeding approval of the contract by the City Commission, or designee, unless otherwise
stipulated in the Notice of Proceed letter. The contract shall be contingent upon the completion
and submittal of all required documents. However, in the event funding is not appropriated on an
annual basis during any particular year within the contract period, the contract may be canceled
upon thirty (30) days written notice to Firm. In such an event, the City shall only be responsible
for the reasonable value of services performed prior to the effective date of termination .
2.4 OPTIONS TO RENEW
The initial contract term shall be for two (2) years. The City, at its sole option, may renew the
contract for three (3) one-year renewal terms. Exercising the option to renew is at the sole
discretion of the City.
2.5 METHOD OF AWARD
Reference Section 4
City of Sunny Isles Beach |Request for Qualifications No. 18-02-01 10
2.6 PERFORMANCE AND PAYMENT BOND
Intentionally Omitted
2.7 BID BOND
Intentionally Omitted
2.8 DELIVERY
Intentionally Omitted
2.9 INSURANCE
Upon City’s notification, the Firm shall furnish to the City Manager or his designee,
Certificates of Insurance that indicate that insurance coverage has been obtained, which meet the
requirements as outlined below:
2.9.1 Comprehensive General Liability Insurance
Contractor shall be required to purchase, maintain, and keep in full force, effect, and good
standing, Comprehensive General Liability with primary limits of One Million Dollars
($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate during the
initial and any renewal term of this Agreement. Coverage must be afforded on a form no
more restrictive than the latest edition of the Comprehensive General Liability policy,
without restrictive endorsements, as filed by the Insurance Services 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.
2.9.2 Umbrella Insurance
Contractor shall be required to purchase, maintain, and keep in full force, effect, and good
standing, Umbrella Liability Insurance above the primary commercial general liability,
automobile liability, and employers' liability policies required herein. The limit shall not be
less than One Million Dollars ($1,000,000.00) each occurrence and annual aggregate per
occurrence during the initial and any renewal term of this Agreement.
City of Sunny Isles Beach |Request for Qualifications No. 18-02-01 11
2.9.3 Worker’s Compensation Insurance
Worker's Compensation Insurance for statutory obligations imposed by Worker's
Compensation or Occupational Disease Laws, including, where applicable, the United States
Longshoremen's and Harbor Worker's Act, the Federal Employers’ Liability Act and the Homes
Act. Employer's Liability Insurance shall be provided with a minimum of One Million Dollars
($1,000,000.00) per accident. Contractor agrees to be responsible for the employment,
conduct and control of its employees and for any injury sustained by such employees in the
course of their employment.
2.9.4 Professional Liability Insurance
Professional Liability Insurance including Errors and Omissions with minimum limits of One
Million Dollars ($1,000,000.00) per occurrence.
2.9.5 Cancellation and Re-Insurance
If any insurance should be cancelled or changed by the insurance company or should any
insurance expire during the period of this contract, the Firm shall be responsible for
securing other acceptable insurance to provide the coverage specified in this section to
maintain coverage during the life of this Contract. All deductibles must be declared by the
Firm and must be approved by the City. At the option of the City, either the Firm shall
eliminate or reduce such deductible or the Firm shall procure a Bond, in a form satisfactory
to the City, covering the same.
NOTE: THE CITY OF SUNNY ISLES BEACH, CONTRACT NUMBER AND TITLE MUST APPEAR ON
EACH CERTIFICATE OF INSURANCE. THE CITY OF SUNNY ISLES BEACH MUST BE SHOWN AS
AN ADDITIONAL INSURED WITH RESPECT TO THIS COVERAGE.
2.10 NO CONTINGENT FEES
The firm warrants that it has not employed or retained any company or person other than a bona
fide employee working solely for the firm to solicit or secure this Agreement, and that it has not
paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide
employee working solely for the firm any fee, commission, percentage, gift, or other consideration
contingent upon or resulting from the award or making of this Agreement. For the breach or
infraction of this provision, the City shall have the right to terminate the Agreement without liability
at its discretion, to deduct from the contract price, or otherwise recover the full amount of such
fee, commission, percentage, gift or consideration.
2.11 LOCAL, STATE, AND FEDERAL COMPLIANCE REQUIREMENTS
The work to be performed under any contract resulting from this competitive solicitation may be
federally funded and subject to federal provisions attached herein. When any City or State
requirements, or general or special terms and conditions are in variance or conflict with the
City of Sunny Isles Beach |Request for Qualifications No. 18-02-01 12
Supplemental Federal Provisions, the Supplemental Federal Provisions shall prevail. Proposer
agrees to comply, subject to applicable professional standards, with the provisions of any and all
applicable Federal, State, County and City orders, statutes, ordinances, rules and regulations which
may pertain to the Services required under the Agreement, including but not limited to:
A. Occupational Safety and Health Act (OSHA), as applicable to this contract.
B. Federal Highway Administration (FHWA), Environmental Protection Agency (EPA), Florida
Department of Transportation (FDOT), American Disability Act (ADA), Florida Department of
Environmental Protection (FDEP), as applicable to this contract.
C. 41 CFR 60-1.4 - Equal opportunity clause. The contractor will not discriminate against any
employee or applicant for employment because of race, color, religion, sex, sexual orientation,
gender identity, or national origin. The contractor will take affirmative action to ensure that
applicants are employed, and that employees are treated during employment, without regard to
their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action
shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer,
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The contractor agrees to post
in conspicuous places, available to employees and applicants for employment, notices to be
provided by the contracting officer setting forth the provisions of this nondiscrimination clause.
D. "Conflicts of Interest" 23 CFR 1.33
E. 2 C.F.R. § 200.317 through 2 C.F.R. Part 200.326, as applicable to contract.
F. Compliance with Regulations: The Contractor shall comply with the Regulations relative to
nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation
(hereinafter, “USDOT”) Title 49, Code of Federal Regulations, Part 21, as they may be amended
from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by
reference and made a part of this Agreement.
2.12 LICENSES FOR TRADES
Contractor(s) must be licensed in accordance with the provisions of the Code of Miami-Dade
County and Florida State Statute. The Contractor may be required to provide proof of licensing
prior to being awarded under this Contract. All employees supplied by the Contractor must carry
their certification cards, if certification is required for the type of Work being performed.
2.13 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclus ion
– First Tier Participants:
a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and
its principals:
City of Sunny Isles Beach |Request for Qualifications No. 18-02-01 13
(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participating in covered transactions by any Federal department or
agency;
(2) Have not within a three-year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a crimina l offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or
contract under a public transaction; violation of Federal or State antitrust statutes or commission
of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
(3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2)
of this certification; and
(4) Have not within a three-year period preceding this application/proposal had one or more public
transactions (Federal, State or local) terminated for cause or default.
b. Where the prospective participant is unable to certify to any of the statements in this certification,
such prospective participant shall attach an explanation to this proposal.
2.14 E-VERIFY
Contractor acknowledges that the City may be utilizing the Contractor’s services for a project that
is funded in whole or in part by State funds pursuant to a contract between the City and a State
agency. Contractor shall be responsible for complying with the E-Verify requirements in the contract
and using the U.S. Department of Homeland Security’s E-Verify system to verify the employment
of all new employees hired by Contractor during the Agreement term. The Contractor is also
responsible for e-verifying its subcontractors, if any, pursuant to any agreement between the City
and a State Agency, and reporting to the City any required information. Contractor acknowledge-
edges that the terms of this paragraph are material terms, the breach of any of which constitute a
default under the Agreement.
2.15 DISCRIMINATION/NONDISCRIMINATION
A. Any entity or affiliate who has been placed on the discriminatory vendor list may not submit a
bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract
with a public entity for 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 award or perform work as a contractor,
supplier, subcontractor, or consultant under contract with any public e ntity, and may not transact
business with any public entity.
B. During the performance of this Contract, Proposer agrees to not discriminate against any
employee or applicant for employment because of race, religion, color, sex, handicap, marital
status, age or national origin, and will take affirmative action to ensure that they are afforded equal
employment opportunities without discrimination. Such action shall be taken with reference to, but
City of Sunny Isles Beach |Request for Qualifications No. 18-02-01 14
not be limited to, recruitment, employment, termination, rate s of pay or other forms of
compensation, and selection for training or retraining, including apprenticeship and on -the-job
training. By entering into this Contract with the City, the Proposer attests that it is not in violation
of the Americans with Disabilities Act of 1990 (and related Acts). If the Proposer or any owner,
subsidiary or other firm affiliated with or related to the Proposer is found by the responsible
enforcement agency or the City to be in violation of the Act, such violation shall render this Contract
void. This Contract shall be void if the Contractor submits a false affidavit or the Contractor violates
the Act during the term of this Contract, even if the Proposer was not in violation at the time it
submitted its affidavit.
2.16 Modifications to Specifications
Project specific Modified Special Provisions that revise implemented specifications to address
project specific needs may be required:
A. For the control of work, measurement, payment, and materials of features on a project not
covered by the Standard Specifications or other general contract provisions.
B. Where the FDOT Specifications are being amended or for a deviation from FDOT Specifications
with regard to materials, construction details, measurement, and payment.
Technical Special Provisions address project specific needs and are used to specify something
technical in nature not covered by the approved standard specifications. They are included as an
attachment to the Specification Package. A Professional Engin eer must also prepare, sign, and seal
the Technical Special Provisions.
2.17 USE OF SUB-CONSULTANTS / SUB-CONCONTRACTORS
If one or more subcontractors / sub-consultants are to be used, they must be clearly identified
and noted in the submittal when it is submitted. The City must approve any changes in the use of
subcontractors in advance and in writing. No such approval will be construed as making the City a
party to such subcontract, or subjecting the City to liability of any kind to any subcontractor. N o
subcontractor will under any circumstances relieve the Respondent of its liability and obligation
under any resulting contract. Subcontractor is subject to the same contractual conditions as is the
Respondent. The successful firm shall be responsible for all payments to any sub-consultants and
shall maintain responsibility for all work related to the Project.
2.18 MINORITY/WOMEN (M/WBE PARTICIPATION)
If your firm is certified minority business enterprise as defined by the Florida Small and Minority
Business Assistance Act of 1985, include your certification with your RFQ response.
C.F.R. 200.321 encourages the active participation of minority businesses, wome n’s business
enterprises and labor surplus area firms as a part of any subsequent agreement whenever possible.
If subcontracts are to be permitted, through a prime Consultant, that Consultant is required to take
the affirmative steps listed in items (1) through (6) below:
City of Sunny Isles Beach |Request for Qualifications No. 18-02-01 15
(1) Placing qualified small and minority businesses and women's business enterprises on solicitation
lists;
(2) Assuring that small and minority businesses, and women's business enterprises are solicited
whenever they are potential sources;
(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to
permit maximum participation by small and minority businesses, and women's business
enterprises;
(4) Establishing delivery schedules, where the requirement permits, which encourage participation
by small and minority businesses, and women's business enterprises;
(5) Using the services and assistance, as appropriate, of such organizations as the Small Business
Administration and the Minority Business Development Agency of the Department of Commerce.
(6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed
in paragraphs (1) through (5) of this section.
2.19 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 their 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.
2.20 BASIS OF COMPENSATION
Do not submit schedule of fees with submission, fees will be requested during negotiations only.
The firm agrees to perform the Professional Services for either: The hourly labor rate as set forth,
with a negotiated upset limit. The firm shall be entitled to receive reimbursement for expenses at
the firm’s exact cost, which costs have been included in firm’s fee proposal for each project task
and approved by the CITY; or,
A negotiated lump sum fee based on the rates set forth plus approved Reimbursable Expenses.
Approved Reimbursable expenses shall be paid to the firm at exact cost, and upon proof of payment
by firm. Anticipated Reimbursable Expenses shall be included with firm’s fee proposal. A copy of
the invoice for each reimbursable expense shall be attached to firms invoice. Firm agrees to keep,
furnish, and support statements with copies of invoices, statements of times expended, and other
supporting documentation as the City may require. Statements for fees based on Hourly Rates will
be rendered monthly as the work progresses or as otherwise agreed upon.
City of Sunny Isles Beach |Request for Qualifications No. 18-02-01 16
2.21 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
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.
2.22 RESTRICTIONS TO PUBLIC ACCESS TO PROJECT PLANS
The Contractor shall be advised that public access to project plans is now restricted, and plans are
no longer subject to public records requests, as per Florida Status F.S.119.07(3)(ee) which states:
“Building plans, blueprints, schematic drawings, and diagrams, including draft, preliminary
and final formats, which depict the internal layout and structural elements of a building,
arena, stadium, water treatment facility, or other structure owned or operated by an agency
as defined in s.119.011 are exempt from the provisions of subsection (1) and s. 24(a), Art. 1 of
the State Constitution. This exemption applies to building plans, blueprints, schematic
drawings, and diagrams, including draft, preliminary, and final formats, which depict the
internal layout and structural elements of a building, arena, stadium, water treatment facility,
or owned or operated by an agency before, on, or after the effective date of this act.
Information made exempt by this paragraph may be disclosed to another governmental entity
if disclosure is necessary for the receiving entity to perform its duties and responsibilities, to a
licensed Engineer or contractor who is performing work on or related to the building, arena,
stadium, water treatment facility, or other structure owned or operated by an agency; or upon
showing of good cause before a court of competent jurisdiction. The entities or persons
receiving such information shall maintain the exempt status of the information. This
paragraph is subject to the Open Government Sunset Review Act of 1995 in accordance with
s. 119.15, and shall stand repealed on October 2, 2007, unless reviewed and re-enacted by the
Legislature.”
2.23 PUBLIC RECORDS
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
SUCCESSFUL PROPOSER’S DUTY TO PROVIDE PUBLIC
City of Sunny Isles Beach |Request for Qualifications No. 18-02-01 17
RECORDS RELATING TO THIS AGREEMENT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT CITY OF 18070 COLLINS
AVENUE, SUNNY ISLES BEACH, FL 33160. THE CITY CLERK’S
OFFICE MAY BE CONTACTED BY PHONE AT (305) 792-1703 OR
VIA EMAIL AT MBetancur@sibfl.net.
2.24 EXCEPTIONS TO SPECIFICATIONS
For purposes of evaluation, the firm must indicate any exception to the specifications, terms, and/or
conditions, no matter how minor. If exceptions are not stated by the firm, it will be understood
that the item(s)/services fully comply with the specifications, terms and/or conditions stated by t he
City. Exceptions are to be listed by the firm on an attachment included with the bid response.
2.25 PROPRIETARY RIGHTS
A. The Consultant hereby acknowledges and agrees that the City retains all rights, title and interests
in and to all materials, data, documentation and copies thereof furnished by the City to the
Consultant hereunder or furnished by the Consultant to the City and/or created by the Consultant
for delivery to the City, even if unfinished or in process, as a result of the Services the Con sultant
performs in connection with the Agreement, including all copyright and other proprietary rights
therein, which the Consultant as well as its employees, agents, sub-consultants and suppliers may
use only in connection with the performance of Service s under the Agreement. The Consultant
shall not, without the prior written consent of the City, use such documentation on any other
project in which the Consultant or its employees, agents, sub -consultants or suppliers are or may
become engaged. Submission or distribution by the Consultant to meet official regulatory
requirements or for other purposes in connection with the performance of Services under the
Agreement shall not be construed as publication in derogation of the City's copyrights or other
proprietary rights.
B. All rights, title and interest in and to certain inventions, ideas, designs and methods,
specifications and other documentation related thereto developed by the Consultant and its sub -
consultants specifically for the City, hereinafter re ferred to as "Developed Works" shall become the
property of the City.
END OF SECTION
City of Sunny Isles Beach |Request for Qualifications No. 18-02-01 18
Section 3
Scope of Services / Technical Specifications
3.1 SCOPE OF SERVICES
The selected firm shall demonstrate specific experience and capabilities and must have personnel qualified
through education and experience in the specified disciplines. The firm shall provide coastal erosion risk
and mitigation assessments, including but not limited to: data collection, construction layout, pro-active
cost effective short term and long-term solutions, innovative methods for beach preservation, restoration
and nourishment, and coastal monitoring. A detailed scope of work will be developed for each work orde r
issued. The Consultant shall be familiar with and experienced in conducting shoreline and wave modeling
procedures and analyzing accretion and erosional trends for the design of a nourishment project and for
acquisition of project permits. Consultant shall provide design, construction documents, construction
administration and various reports for Marine and Coastal engineering related projects. Consultant shall
apply for, process and obtain permits from various regulatory agencies. Successful respondents shall
comply with all local, state, and federal directives, ordinances, rules, orders, and laws as applicable to this
RFQ and subsequent contracting.
Firm must demonstrate experience with designing erosion mitigation structures (jetty’s, breakwaters, t -
groins, reefs balls, etc.). In addition, firm must be familiar with The Coastal Construction Control Line
Program (CCCL) an essential element of Florida's coastal management program, w hich provides protection
for Florida's beaches and dunes while assuring reasonable use of private property. Recognizing the value
of the state’s beaches, the Florida legislature initiated the Coastal Construction Control Line Program to
protect the coastal system from improperly sited and designed structures that can destabilize or destroy
the beach and dune system. Adoption of a coastal construction control line establishes an area of
jurisdiction in which special siting and design criteria are applied for construction and related activities.
These standards may be more stringent than those already applied in the rest of the coastal building zone
because of the greater forces expected to occur in the more seaward zone of the beach during a storm
event.
The Respondent shall perform functions including, but not limited to the following:
A. Beach/ Marine/ Intracoastal Waterway Engineering Services: Provide general mitigation
consultation for beach and intracoastal waterway, marine, field and underwater engineering and marine
inspections and survey, coastal construction supervision, feasibility analysis (economic and engineering)
general reevaluation reports, coastal construction design and permitting services. The Consultant should
have experience with and be prepared to assist the City in addressing Public Law 84-99 Flood Control and
Coastal Emergency Act, assessment and support related to emergency funding in the event of a storm
striking the City of Sunny Isles Beach.
B. Environmental Engineering Services: Provide general consultation, environmental engineering
design, construction documents, construction administration services, on -site representation, preliminary
budget estimates, and service to secure building and all other required permits and other Environmental
Engineering Services for the City of Sunny Isles Beach for miscellaneous Environmental Engineering
Projects. The Consultant may be requested to provide services related to hazardous waste remediation,
City of Sunny Isles Beach |Request for Qualifications No. 18-02-01 19
environmental assessment, remediation, noise management studies, beach nourishment, and / or
miscellaneous infrastructure improvements. Environmental Engineering services may also include
environmental impact statements, Phase One environmental analyses, and other related Environmental
Engineering Services. Where multi-disciplinary teaming is required, the City shall chose (based on specific
project criteria) which firm will be retained as a prime and which shall be retained as a sub -consultant to
another professional firm selected in this process.
C. Geotechnical Services: Provide general consultation, Geotechnical testing services and reports, on-
site representation and service to secure Geotechnical Services for the City of Sunny Isles Beach. Required
consultation services may include compliance with all applicable Federal, State, and Local Regulatory
Agencies. Firm shall assess any coastal geotechnical hazards found within City limits. M ethodology may
include the development of a qualitative loss estimation system which utilizes geotechnical field mapping
observations and shoreline retreat predictions to estimate the exposition of critical infrastructure to hazards
posed by shoreline erosion.
D. Land Surveying Services: Provide land surveying services including but not limited to boundary,
topographic, and bathymetric surveys, municipal right-of-way mapping, platting, layout work, producing
“as-built” drawings, conducting public records research, preparing easements, and other related Land
Surveying Services for the City of Sunny Isles Beach. Upon request the consultant may be asked to attend
selected day or night meetings at the City of Sunny Isles Beach. The intent is to contract directly with an
engineering firm or firms. Where multi-disciplinary teaming is required, the City shall chose (based on
specific project criteria) which firm will be retained as a prime and which shall be retained as a sub -
consultant to another professional firm selected in this process.
E. Architectural Services: Provide general consultation, structural engineering design, construction
documents, bidding services, construction administration services, on-site representation, preliminary
budget estimates, and service to secure all required perm its and other Architectural Services for the City
of Sunny Isles Beach for miscellaneous Structural Engineering Projects including but not limited to,
miscellaneous repair or improvement projects, reconstruction or replacement projects, roofing repair or
replacement projects. Required consultation services may include compliance all applicable Federal, State,
and Local Regulatory Agencies.
F. Civil Engineering Services for Coastal Engineering: Provide general consultation, civil engineering
design, construction documents, bidding services, construction administration services, on -site
representation, preliminary budget estimates, all required permits, and other General Civil Engineering
Services for the City of Sunny Isles Beach for specific demands posed by constructing at or near the coast,
as well as the development of the coast itself. Projects may include G.I.S. and right- of-way acquisition
services. Required consultation services may also be regarding compliance with DPEP, FDEP, FDOT,
SFWMD, Health Department, and other applicable Federal, State, and Local Regulatory Agencies.
G. Marine Structural Engineering Services: Provide general consultation, structural engineering
design, construction documents, bidding services, construction administration serv ices, on-site
representation, preliminary budget estimates, and service to secure all required permits and other
Structural Engineering Services for the City of Sunny Isles Beach for miscellaneous Structural Engineering
Projects including but not limited to seawall repair, miscellaneous repair or improvement projects,
reconstruction of replacement projects, shoreline infrastructure, beach nourishment, flood protection,
City of Sunny Isles Beach |Request for Qualifications No. 18-02-01 20
dredging and navigation projects or replacement projects. Required consultation services may include
compliance all applicable Federal, State, and Local Regulatory Agencies.
H. Coastal and Hydrographic Surveying Services: The Consultant may be required to provide
hydrographic surveying preparatory to coastal evaluations, project design and monitoring. The surveys may
include sled and/or fathometer surveys integrated with a differential GPS system, taking into consideration
environmental circumstances such as the presence of hard-bottom habitat. Survey data may be used in
the evaluation of erosional trends, hot spot identification, shoreline and volumetric computations, as needed
for project processing. Aerial photography may be required, concurrent with the surveying to document
existing conditions. Surveys may be required, with coastal evaluation, response to emergencies created by
storm activity. The Consultant may be required to establish the location of the Coastal Construction Control
Line (CCCL) or the existing Erosion Control Line (ECL). The Consultant may also be required to provide
temporary construction easement surveys.
I. Project Construction Engineering Services: Project construction engineering services during the
construction if needed, the Consultant shall provide construction services that include, but are not limited
to:
1. Write and/or review design, specifications and permit modifications.
2. Monitoring the mobilization and demobilization of the equipment to and from the project area.
3. Review contractor change order requests.
4. Construction inspection services.
5. Provide final certification of project completion to appropriate regulatory agencie s.
I(a). Post-Construction Services
The Consultant may be required to provide following post -construction services which include
beach, borrow area and environmental monitoring as required by project permits. The consultant
shall assist the City with any federal coordination efforts, including compliance with operations and
maintenance requirements. The Consultant may be required to assist the City in addressing issues
such as hot spot development, dune restoration, beach tilling, drifting sand, and other beach
nourishment project issues. Incorporate data into an annual report for review and approval by City
and further distribution to the County, State and USACE, in accordance with permit requirements.
Upon approval, prepare report in accordance with Stat e format for resubmittal.
J. Other Preliminary Construction Phase Services:
The Consultant may be required to conduct field studies, planning, design and construction services of
beach renourishment projects on an as required basis within the City of Sunny Isles Beach related to pre
and post storm damage assessments requested by state and federal agencies and preparation of
documentation required to obtain funding assistance following storm declarations by state and federal
entities including the Federal Emergency Management Agency and Army Corps of Engineers. It is projected
that work will include a variety of tasks associated with beach renourishment for the City of Sunny Isles
Beach Restoration Project. Consultant(s) will be expected to provide reasonable proposals within short time
frames and be prepared to commence and complete work in a timely manner.
City of Sunny Isles Beach |Request for Qualifications No. 18-02-01 21
K. ENVIRONMENTAL MONITORING SERVICES:
The firm must be experienced in performing assessments in coastal areas to evaluate the risks posed by
storm surge. In addition, the Consultant shall provide environmental monitoring services, as required,
subject to Florida Department of Environmental permit requirements, as follows:
1. Conduct a thorough review of previous monitoring results of the Sunny Isles Beach Municipal Beach
area.
2. Provide as a minimum, hardbottom (natural reef) monitoring, artificial reef monitoring, sea bird nesting
monitoring, marine turtle monitoring and other habitats in the project area. Hardbottom monitoring may
include environmental station establishment, transect establishment, photography, sedimentation and
water quality monitoring. Similar monitoring may be required over artificial reef sites. Bay monitoring may
address water quality, sedimentation and habitat (such as sea grass bed) monitoring.
3. Prepare and submit all environmental monitoring reports required by state and federal permits.
K(a). Environmental Assessments
Requires engineering expertise in planning, designing, permitting, bidding and construction
administration phases of service for Environmental Assessments, as well as knowledge of current
rules and regulations of local, state and federal agencies regulating the e nvironment and all marine,
land-use decisions based upon a scientific understanding of the natural coastal processes.
L. ADDITIONAL SERVICES: The Consultant shall be required to provide other unforeseen marine related
services for projects or activities that may be required in the area of marine and coastal engineering, marine
biology, marine geology, coastal and hydrographic surveying. The Successful Proposer shall provide design,
construction documents, construction administration and various reports for Marine and Coastal
engineering related projects. The Successful Proposer shall also apply for, process and obtain permits from
various regulatory agencies.
For each phase, consultant agrees to furnish and provide to the City three (3) full-size copies of all plans,
specifications, drawings, and other documents and electronic versions of same in format prepared by the
firm.
3.2 REQUIREMENTS OF THE CONSULTANTS
Qualification submittals will be considered from qualified firms whose experience includes successful work
in similar projects. Also, the firm must have a sufficient number of qualified staff in the applicable disciplines
to complete the work in the time required and in accordance with State of Florida statutes and standards,
if applicable.
The selected firm(s) will be responsible for reviewing existing Miami-Dade County, City of Sunny Isles Beach
Codes, Resolutions and Ordinances and State of Florida Building Codes and for incorporating data into
complete construction documents incl uding final construction plans (working drawings), technical
specifications, construction estimates, and related bid documents necessary for the bidding and
construction of the projects.
The selected firm(s) will be responsible for obtaining all Federal, State and local permits and / or approvals
from Miami-Dade Water and Sewer, DERM, Florida Department of Environmental Protection as necessary
City of Sunny Isles Beach |Request for Qualifications No. 18-02-01 22
and all City of City of Sunny Isles Beach Building permits necessary for the construction o f the projects.
Firms may also be required to provide review and consulting services to the City on various matters which
do not result in drawings, specifications or construction documents.
Team Members and sub-consultants must be licensed in the practice of engineering in the State of Florida
and have a minimum of five (5) years of experience in providing engineering, critically eroded assessment
and mitigation services as noted in this solicitation. Include any additional information which might enhance
the City's understanding of the Firm and its capabilities, adequacy and pertinent experience o f 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.
END OF SECTION
City of Sunny Isles Beach |Request for Qualifications No. 18-02-01 23
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 appropria te signatures as
required on each document. Failure to comply with these requirements may result in the
submission being deemed non-responsive.
4.2 Technical Qualifications
Submissions shall include the following:
1. Firm’s relevant experience, qualifications and past performance with Government
and similar type projects.
2. Relevant experience and qualifications of key personnel
3. Firm’s approach methodology to providing the services requested in this
solicitation.
4.2.1 MINIMUM REQUIREMENTS
In order to be considered responsive, Firms shall, at a minimum, demonstrate
compliance with the following Pre-Qualification Criteria in their Submission. All
requested documentation and/or information should be provided in the submission
to confirm that the firm has satisfied the Prequalification Criteria in order to be
properly evaluated as listed herein. Firms failing to meet these requirements shall
be deemed non responsive. The Firm shall, at the time of submittal, time of award,
and throughout the duration of the Contract, continue to meet the following
Pre-qualification Criteria requirements as stated in the Solicitation Documents.
Firms must have, as a prime project manager, a minimum of 5 years of experience
in projects of similar size and scope.
4.3 EVALUATION, NEGOTIATION AND AWARD
Firms submitting a proposal to this RFQ shall include detailed information addressing the
following criteria:
City of Sunny Isles Beach |Request for Qualifications No. 18-02-01 24
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.
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 compli es with all
material requirements set forth in this RFQ and who is the most qualified in the sole
discretion of the City, taking into consideration all aspects of the firm’s response.
END OF SECTION
Evaluation Criteria
Professional Qualifications, the respondent shall be licensed to practice engineering in
the State of Florida. Specific project experience relating to local Government, and
similar type projects providing services of the type required by this RFQ
Size of workforce, workload and availability of personnel per location
Financial stability and past record
Ability to complete projects on schedule and within budget
Is firm or sub-consultant a certified minority business enterprise
References
City of Sunny Isles Beach |Request for Qualifications No. 18-02-01 25
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, four (4) copies and one
(1) electronic copy of the submittal on USB Drive or CD.
In order to insure a uniform review process and to obtain the maximum degree of comparability,
it is required that the submittals be organized in the manner specified:
LABEL EACH SECTION AS NUMBERED
A. Title Page
Show the name of respondent's agency/firm, address, telephone number, 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 criteria’s 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. 18-02-01 26
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 technical method of approach. In addition, provide a description
of innovative concepts proposed to enhance value, quality, and to control cost and schedule. Upon
request the consultant may be asked to attend selected day or night meetings at the City of Sunny
Isles Beach.
E. Qualification Information and Assigned Personnel
Team Members and sub-consultants must be licensed in the State of Florida and have a minimum
of five (5) years of experience in providing engineering, critically eroded assessment and mitigation
services as noted in this solicitation. 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. The firm shall demonstrate profound
understanding of the documentation process involved for federal reimbursement and assistance
with obtaining federal, state and county permits.
Such as: Does your firm have a CADD system? Does your firm have a GIS system?
You must include certificate of competency, registrations, trainings, awards, memberships, and
letters of recommendation. State if the Firm is licensed, permitted and/or certified to do business
in Miami Dade County or 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.
1- Form SF330, include Part I and Part II. PDF format is acceptable.
2. Notice of Qualifications (FDOT), (if applicable)
3. Copies of CBE certification for Prime (if applicable)
4. Include an audit report prepared by an independent Certified Public Accountant , a statement
indicating the existence of an adequate accounting system that meets the Department's audit
requirements, as evidenced by certification by an independent Certified Public Accountant. The
system must be adequate to support all billings made to the Department and other clients.
F. Firm References and Similar Work Completed
This section shall provide the number of years of experience of the Firm in the specified work areas
and examples of similar services with applicable reference information, with emphasis on similar
government projects and/or services as referenced herein. Respondents must submit a
Qualification Statement. Respondents must provide at least three (3) references of work within the
City of Sunny Isles Beach |Request for Qualifications No. 18-02-01 27
last (5) years, preferably from government agencies. Do not include in your references any former
or current employee of the City. Concentrate only on those services rendered by the Firm within
the past five (5) years, which mostly match the scope of services.
Please indicate which team members were part of the referenced service and will be a part of the
City’s team. Indicate whether the experience was with the current Firm or a past employer. In all
illustrations of experience, indicate specifically the nature and extent of the work performed by the
individuals or firms on prior similar services. The title and a brief description of each project and/or
service shall include:
a. Client Name, Address, Contact, Phone and Fax Numbers and valid e-mail address;
b. Project Title;
c. Description of work performed, including the project location; and
d. Year completed.
e. Past 5 years copies of executed agreements made between your firm and local
municipalities, with a scope similar to this RFQ.
If sub-consultants are a part of the proposed work plan, include items A through E for each firm,
including an organizational chart showing the relationship between the responding firm and the
sub firm(s).
G. Corporate Standing and Authorized Signatory
Respondent must demonstrate that the company is in good standing and that the person signing
this submittal is an Authorized Signatory on behalf of the respondent to sign bids, proposals,
negotiate and/or sign contracts, agreements, amendments and related document s to which the
respondent will be duly bound. The respondent must provide a copy of the State Certificate of good
standing listing the officers of the company. If the signatory is not one of the officers listed on the
State Certificate, the respondent must 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. 18-02-01 28
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: 2:30 P.M.
Thursday, March 22, 2018
NOTE: City of Sunny Isles Beach is exempt from all taxes (Federal, State, and Local). Tax Exemption
Certificate furnished upon request.
Issued by: Purchasing Agent
Genesis Cuevas
Date Issued:
2/27/2018
This Qualification Submittal
Consists of all required forms,
including SF330, Questionnaires,
Acknowledgements and Affidavits
Submissions are subject to the Terms and Conditions of this Request for Qualifications and the
accompanying Submittal. Such other contract provisions, specifications, drawings or other data as are
attached or incorporated by reference in the Submittal, will be received at the office of the City Clerk at the
address shown above until the above stated time and date, and at that time, publicly opened for furnishing
services described in the accompanying Submittal Requirement.
RFQ No. 18-02-01
MARINE AND COASTAL PROFESSIONAL ENGINEERING CONSULTING SERVICES (CCNA)
Firm Name
________________________________________ Commodity Code(s):
RETURN ONE ORIGINAL, FOUR COPIES AND ONE USB OR CD ELECTRONIC COPY OF
QUALIFICATION SUBMITTAL PAGES AND AFFIDAVITS
FAILURE TO SIGN PAGE 33 OF SECTION 6 QUALIFICATION SUBMITTAL WILL RENDER YOUR
SUBMISSION NON-RESPONSIVE
City of Sunny Isles Beach |Request for Qualifications No. 18-02-01 29
REFERENCE QUESTIONNAIRE
It is the responsibility of the consultant to provide a minimum of three (3) different government agency reference
other than City of Sunny Isles Beach using this form and providing this information with your submission. Failure
to do so may result in the rejection of your submission.
Giving reference for: (Bidder) _______________________________________________________________
Firm giving Reference: ____________________________________ _______________________________
Address:___________________________________________ Phone: ___________________________________________
Fax: ______________________________________________ Email: ___________________________________________
1. Q: What was the title of the contract or job assigned to Bidder?
A:
2. Q: What was the scope of work/services assigned to Bidder?
A:
3. Q: Have there been any change orders, and if so how many?
A:
4. Q: Do they perform on a timely basis as required by the agreement?
A:
5. Q: Was the project manager easy to get in contact with?
A:
6. Q: Would you use them again?
A:
7. Q: Overall, what would you rate their performance?
A:
8. Q: Is there anything else we should know, that we have not asked?
A:
The undersigned does hereby certify that the foregoing and subsequent statements are true and
correct and are made independently, free from vendor interference/collusion.
Name: _______________________________________ Title _____________________________________________
Sign Name: __________________________________ Date: ___________________________________________
City of Sunny Isles Beach |Request for Qualifications No. 18-02-01 30
RESPONDENT SUBMITTAL FORM:
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. 18-02-01 31
RESPONDENT SUBMITTAL FORM
MARINE AND COASTAL PROFESSIONAL ENGINEERING CONSULTING SERVICES (CCNA)
The undersigned Firm proposes and agrees, if this submission is accepted, to enter into an agreement with
the City of Sunny Isles Beach to perform and furnish all Services as specified or indicated in the Contract
Documents.
The Firm accepts all of the terms and conditions of this Request for Qualifications. This 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 response, the Firm represents, as more fully set forth in the Agreement, that:
The Firm has familiarized himself/herself with the nature and extent of the
Contract Documents, Work, site, locality, and all local conditions and Law and
Regulations that in any manner may 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 solicitation is genuine and not made in the interest of or on behalf of any
undisclosed person, firm or corporation and is not submitted in conformity with
any agreement or rules of any group, association, organization, or corporation;
the Firm has not directly or indirectly induced or solicited any other Firms to submit
a false or sham Bid; the Firm has not solicited or induced any person, firm or
corporation to refrain from Bidding; and Firm has not sought by collusion to obtain
for itself any advantage over any other Firms or over the City.
The City and the successful Firm will establish completion times for the services described in this Request
for Qualifications and the successful Firm agrees that the services will be completed within the time frames
agreed upon and stipulated in the individual Notice to Proceed.
City of Sunny Isles Beach |Request for Qualifications No. 18-02-01 32
Firm Name:
_____________________________________________________________________________
Street Address:
_____________________________________________________________________________
Mailing Address (if different):
_____________________________________________________________________________
Telephone No. _______________________________Fax No. _________________________
Email Address: _______________________________FEIN No. __/__-__/__/__/__/__/__/__
*“By signing this document the Responder agrees to all Terms
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. 18-02-01 33
AFFIDAVITS
NON-COLLUSION AFFIDAVIT
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 947-0606 Fax: (305) 949-3113
STATE OF FLORIDA )
)
COUNTY OF _____________)
The undersigned being first duly sworn as provided by law, deposes, and says:
This Affidavit is made with the knowledge and intent that it is to be filed with the City of Sunny Isles Beach City Commission and that it will be
relied upon by said County, in any consideration which may give to and any action it may take with respect to this Bid.
The undersigned is authorized to make this Affidavit on behalf of,
_____________________________________________________________
(Name of Corporation, Partnership, Individual, etc.)
a, ________________________________, formed under the laws of _____________
(Type of Business) (State)
of which he is ________________________________________________.
(Sole Owner, Partner, President, etc.)
Neither the undersigned nor any person, firm, or corporation named in above Paragraph 10.2, nor anyone else to the knowledge of the
undersigned, have themselves solicited or employed anyone else to solicit favorable action for this Bid by the City, also that no head of any
department or employee therein, or any officer of the City of Sunny Isles Beach, Florida is directly interested therein.
This Bid is genuine and not collusive or a sham; the person, firm or corporation named above in Paragraph 10.2 has not colluded, conspired,
connived or agreed directly or indirectly with any proposers or person, firm or corporation, to put in a sham Bid, or that such person, firm or
corporation, shall refrain from Bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication
or conference with any person, firm or corporation, to fix the prices of said Bid or Bids of any other proposers; and all statements contained in
the Bid or Bids described above true; and further; neither the undersigned, nor the person, firm or corporation named above in Paragraph
10.2, has directly or indirectly submitted said Bid or the contents thereof, or divulged information or data relative thereto, to any association or
to any member or agent thereof.
______________________________________________________________________
AFFIANT’S NAME AFFIANT’S TITLE
TAKEN, SWORN AND SUBSCRIBED TO BEFORE ME this _____ day of _______________________, 201_.
Personally Known ________ or Produced Identification ________;
Type of identification ___________________________________
(Affix seal here)
___________________________________
NOTARY PUBLIC (name printed or typed)
1 of 7
PUBLIC ENTITY CRIMES
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 947-0606 Fax: (305) 949-3113
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a)
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
PUBLIC ENTITY CRIMES
Pursuant to the provisions of paragraph (2) (a) of Section 287.133, Florida State Statutes - "A person or affiliate
who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a
Bid on a Contract to provide any goods or services to a public entity, may not submit a Bid on a Contract with a
public entity for the construction or repair of a public building or public Work, may not submit Bids on leases of
real property to a public entity, may not be awarded to perform Work as a Contractor, supplier, Sub-Contractor, or
Consultant under a Contract with any public entity, and may not transact business with any public entity in excess
of the threshold amount Category Two of Sec. 287.017, FS for thirty six months from the date of being placed on
the convicted vendor list".
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
11.1. This sworn statement is submitted to City of Sunny Isles Beach _____________
by____________________________________________________________________________
[print individual’s name and title]
for____________________________________________________________________________
[print name of entity submitting sworn statement]
whose business address is:
_______________________________________________________________________________
_______________________________________________________________________________
and (if applicable) its Federal Employer Identification number (FEIN) is_____________________.
(If the entity had no FEIN, include the Social Security Number of the individual signing this sworn
statement:_________________________________.)
11.2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a
violation of any state or federal law by a person with respect to and directly related to the transaction of
business with any public entity or with an agency or political subdivision of any other state or with the
United States, including, but not limited to, any Bid or Contract for goods or services to be provided to any
public entity or an agency or political subdivision of any other state of the United States and involving
antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
11.3. I understand that "convicted" or "conviction" as defined in Para. 287.133(1)(b), Florida Statutes, means a
finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any
federal or state trail court of record relating to charges brought by indictment or information after July 1,
1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere.
11.4. I understand that an "affiliate" as defined in Para. 287.133(1)(a), Florida Statutes, means:
a.) predecessor or successor of a person convicted of a public entity crime; or
b.) Any entity under the control of any natural person who is active in the management of the entity
and who has been convicted of a public entity crime. The term "affiliate" includes those officers,
directors, executors, partners, shareholders, employees, members, and agents who are active in
the management of an affiliate. The ownership by one person of shares constituting a controlling
interest in another person, or a pooling of equipment or income among persons when not for fair
2 of 7
10/1998
market value under an arm's length agreement, shall be a prime facie case that one person
controls another person. A person who knowingly enters into a joint venture with a person who
has been convicted of a public entity crime in Florida during the preceding 36 months shall be
considered an affiliate.
11.5. I understand that a "person" as defined in Para. 287.133(1)(e), Florida Statutes, means any natural
person or entity organized under the laws of any state or of the United States with the legal power to
enter into a binding Contract and which Bids or applies to Bid on Contracts for the provision of goods or
services let by a public entity, or which otherwise transacts or applies to transact business with a public
entity. The term "persons" includes those officers, directors, executives, partners, shareholders,
employees, members, and agents who are active in management of any entity.
11.6. Based on information and belief, the statement which I have marked below is true in relation to the entity
submitting this sworn statement. (Indicate which statement applies, select one.)
____ Neither the entity submitting this sworn statement, nor any of it's officers, directors, executives, partners,
shareholders, employees, members, or agents who are active in the management of the entity, nor any
affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1,
1989.
____ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners,
shareholders, employees, members, or agents who are active in the management of the entity, or an
affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1,
1989.
____ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners,
shareholders, employees, members, or agents who are active in the management of the entity, or an
affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1,
1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of
Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer of the
State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer
determined that it was not in the public interest to place the entity submitting this sworn statement on the
convicted vendor list. (Attach a copy of the final order.)
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE
PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 11.1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND,
THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I
ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO
A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA
STATUTES, FOR CATEGORY TWO OF ANY, CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
By:
______________________________________
(Signature)
______________________________________
(Printed Name)
______________________________________
(Title)
Sworn to and subscribed before me this ______ day of_______________________, 20_____, by
__________________________________________________.
(AFFIX NOTARY STAMP HERE) ______________________________________
Signature: Notary Public – State of Florida
______________________________________
Print or Type Commissioned Name
Personally Known __________ OR Produced Identification __________
Type of Identification Produced ________________________________
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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: ________________________________________
________________________________________
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C O N F L I C T O F I N T E R E S T
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles each, FL 33160
Telephone: (305) 947-0606 Fax: (305) 949-3113
CONFLICT OF INTEREST STATEMENT
The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State Statutes. Proposers
must disclose with their Bids, the name of any officer, director, partner, associate or agent who is also an officer o r
employee of the City of Sunny Isles Beach or its agencies.
STATE OF FLORIDA
COUNTY OF ________________________
BEFORE ME, the undersigned authority, personally appeared __________________________________________ ,
who was duly sworn, deposes, and states:
18.1. I am the _________________________ of __________________________________________ with a local
office in ______________________________________________________________________ and principal office
in ___________________________________________________________________________________________.
18.2. The above named entity is submitting a Bid for the City of Sunny Isles Beach, Bid No. _________________
described as _________________________________________________________. The Affiant has made diligent
inquiry and provides the information contained in this Affidavit based upon his own knowledge.
18.3. The Affiant states that only one submittal for the above Bid is being submitted and that the above named
entity has no financial interest in other entities submitting Bids for the same project.
18.4. Neither the Affiant nor the above named entity has directly or indirectly entered into any agreement,
participated in any collusion, or otherwise taken any action in restraints of free competitive pricing in connection
with the entity’s submittal for the above Bid. This statement restricts the discussion of pricing data until the
completion of negotiations if necessary and execution of the Contract for this project.
18.5. Neither the entity nor its affiliates, nor anyone associated with them, is presently sus pended or otherwise
ineligible from participation in contract letting by any local, State, or Federal Agency.
18.6. Neither the entity, nor its affiliates, nor anyone associated with them have any potential conflict of
interest due to any other clients, contracts, or property interests for this project.
18.7. I certify that no member of the entity’s ownership or management is presently applying for any employee
position or actively seeking an elected position with the City of Sunny Isles Beach.
18.8. I certify that no member of the entity’s ownership or management, or staff has a vested interest in any
aspect of the City of Sunny Isles Beach.
18.9. In the event that a conflict of interest is identified in the provision of services, I, on behalf of the a bove
named entity, will immediately notify the City of Sunny Isles Beach.
Dated this __________ day of __________________________________, 20 ____.
____________________________________________ ____________________________________
AFFIANT Print or Type Name and Title
Sworn to and subscribed before me this __________ day of ______________________________, 20____.
Personally Known, OR
Produced Identification - Type of Identification ____________________________________________
NOTARY PUBLIC STATE OF FLORIDA _______________________________________________________
DISPUTE DISCLOSURE
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 947-0606 Fax: (305) 949-3113
DISPUTE DISCLOSURE FORM
Answer the following questions by placing a “X” after “Yes” or “No”. If you answer “Yes”, please
explain in the space provided, or on a separate sheet attached to this form.
19.1. Has your firm or any of its officers, received a reprimand of any nature or been suspended by the
Department of Professional Regulations or any other regulatory agency or professional associations within the last
five (5) years?
YES __________ NO __________
19.2. Has your firm, or any member of your firm, been declared in default, terminated or removed from a
contract or job related to the services your firm provides in the regular course of business within the last five (5)
years?
YES __________ NO __________
19.3. Has your firm had against it or filed any requests for equitable adjustment, contract claims, Bid protests,
or litigation in the past five (5) years that is related to the services your firm provides in the regular course of
business?
YES __________ NO __________ If yes, state the nature of the request for equitable adjustment, contract
claim, litigation, or protest, and state a brief description of the case, the outcome or status of the suit and the
monetary amounts of extended contract time involved.
I hereby certify that all statements made are true and agree and understand that any misstatement or
misrepresentation of falsification of facts shall be cause for forfeiture of rights for further consideration of this Bid
for the City of Sunny Isles Beach.
________________________________________ ______________________________________
Firm Date
________________________________________ _______________________________________
Authorized Signature Print or Type Name and Title
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ANTI-KICKBACK
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 947-0606 Fax: (305) 949-3113
ANTI-KICKBACK AFFIDAVIT
STATE OF FLORIDA )
)
COUNTY OF ___________ )
I, the undersigned, hereby duly sworn and deposed say that no portion of this sum herein Bid
will be paid to any employees of the City of Sunny Isles Beach or its elected officials as a
commission, kickback, reward or gift, directly or indirectly by me or any member of my firm or
by an officer of the corporation.
By: ________________________________
Title: ________________________________
The foregoing instrument was acknowledged before me this _____ day of
__________________, 20____, by _________________________________________ [name
of person], as __________________________________ [type of authority], for
________________________________ [name of party on behalf of whom instrument was
executed].
AFFIX NOTARY STAMP HERE:
_______________________________
Notary Public – State of Florida
________________________________
Print or Type Commissioned Name
Personally Known __________ OR Produced Identification __________
Type of Identification Produced ________________________________
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City of Sunny Isles Beach |Request for Qualifications No. 18-02-01 34
ATTACHMENT