HomeMy WebLinkAboutsection3City of Miami, Florida RFQ No, 03-04-022
SECTION III
3.0. RFQ GENERAL CONDITIONS
3.1. Acceptance/Rejection
The City Manager reserves the right to approve the recommendation of the evaluation committee
and submit to the City Commission; reject the recommendation of the evaluation committee and
instruct the evaluation committee to re-evaluate and make further recommendations; reject all
Proposals; or recommend that the City Commission reject all Proposals. reserves the right to accept
or reject any or all Responses or to select the Proposer that, in the opinion of the City, will be in the
best interest of and/or the most advantageous to the City.
The City also reserves the right to reject the Response of any Proposer(s) who has previously failed
to properly perform under the terms and conditions of a contract, to deliver on time contracts of a
similar nature, and who is not in a position to perform the requirements defined in this RFQ. The
City reserves the right to waive any irregularities and technicalities and may, at its discretion,
withdraw and/or re -advertise the RFQ.
3.2. City Not Liable for Delays
It is further expressly agreed that in no event shall the City be liable for, or responsible to, the
Consultant, any sub -consultant, or to any other person for, or on account of, any stoppages or delay
in the work herein provided for by injunction or other legal or equitable proceedings or on account
of any delay for any cause over which the City has no control. The contract will include a no
damage for delay clause.
3.3. Contract Award and City's Rights
The City Manager or designee of the City, reserves the right, as it determines to be in its best
interest, to accept or reject any or all responses to this RFQ, waive informalities,_technicalities,
minor irregularities, and request re -bids on the services specified in the RFQ.
3.4. Cost Incurred By Proposers
All expenses involved with the preparation and submission of Responses to the City, or any work
performed in connection therewith shall be borne by the Proposer(s).
3.5. Legal Requirements
This RFQ is subject to all applicable federal, state, county, City and local laws, codes, ordinances,
rules and regulations that in any manner affect any and all of the services covered herein. Lack of
knowledge by the Proposer shall in no way be cause for relief from responsibility.
3.6. Minority / Women Business Enterprise (MIWBE) Program
Ordinance No. 10062, as amended, entitled the Minority and Women Business Affairs and
Procurement Ordinance of the City of Miami, Florida sets forth " a goal of awarding at least 51
percent of the City's total annual dollar volume of all expenditures for all goods and services, to
Black, Hispanic and Women minority business enterprises on an equal basis." A minority business
enterprise is defined as a business firm "...in which at least 51 percent of said enterprise is owned by
Blacks, Hispanics, or Women and whose management and daily business operations are controlled
by one or more Blacks, Hispanics or Women." To achieve the goal established by Ordinance 10062,
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vendors doing business with the City are encouraged to include minority firms as participants :in
their Responses.
3.7. Local Preference
Local preference regarding this RFQ will be considered during the evaluation process for the
provision of a specific service(s).
3.8. Non -Appropriation of Funds
In the event no funds or insufficient funds are appropriated and budgeted or funding is otherwise
unavailable in any fiscal period for payments due under the Contract, then the City, upon written
notice to the Consultant or his/her assignee of such occurrence, shall have the unqualified right to
terminate the Contract without any penalty or expense to the City. No guarantee, warranty or
representation is made that any particular or any project(s) will be awarded to any firm(s).
3.9. Occupational License Requirement
Any Proposer with a business location in the City, who submits a Proposal under this RFQ, shall
meet the City's Occupational License Tax requirements in accordance with Chapter 31.1, Article I of
the City of Miami Charter. Proposers with a business location outside the City of Miami shall meet
their local Occupational License Tax requirements. A copy of the license must be submitted with
the Proposal; however, the City may at its sole option and in its best interest allow the Proposer to
supply the license to the City during the evaluation period, but prior to award.
3.10. Payment
Payments to the Successful Proposer shall be made in arrears, and based on work performed to the
satisfaction of the City. No advance payments will be made at any time.
Payment shall be made after delivery, within 45 days of receipt of an invoice for
services/goods and pursuant to Florida Statute 218.74 (Florida's Prompt Payment Act) and
other applicable Caws.
3.11. One Proposal
Only one (1) Proposal from an individual, firm, partnership, corporation or joint venture will be
considered in response to this RFQ.
3.12. Minimum Qualification Requirements
Each firm interested in responding to this Request for Qualifications must provide the information
on the firm's qualifications and experience, qualifications of the project team, Project Manager's
experience, and previous similar projects, and complete and return Standard Form (SF) 254 and
Form 255.
Additionally, Proposer must:
a. be an established firm for a minimum of two (2) years, and Proposer, or its owner(s)
and/or principal(s), must have a minimum of five (5) years related experience.
b. the individual proposed as the Project Manager must have a minimum of five (5) years
experience in architectural, urban design, engineering and/or landscape architectural
services, and have served as project manager/construction manager on similar projects
on a minimum of three (3) previous occasions.
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See Section 5.0 "Instructions for Submitting a Response: (Submission Requirements)." Submittals
that do not respond completely to all requirements may be considered non -responsive and
eliminated from the process.
3.13. On-line Vendor Registration
It is the policy of the City that all prospective Proposers register on-line at
http://www.ci.miarni.fl.us/procurement, click on the link, Vendor Registration, fill out all required
fields, and indicate the commodities/services which prospective Proposer can regularly supply to the
City for bid / RFQ notification purposes sent by the City to registered prospective Proposer via
email or facsimile transmission, or both. Prospective Proposer who have already registered
previously are not required to re -register.
Unless, prospective Proposer has to update its information concerning changes such as ownership,
new address, telephone number, fax, commodities, etc. Prospective Proposer can access its Vendor
Profile by selecting the link; modify profile, and entering its assigned User ID and Password.
All prospective Proposers should register on-line, regardless if Proposer submits a Bid or the
"Statement of No Bid Form". The City will make its best effort to source all registered vendor with
the related commodity or service of future bid/RFQ solicitations and send bid/RFQ notification via
the email or facsimile, or both. Bid/RFQ Notification sent via e-mail to prospective Proposer will
contain a link of the solicitation to download the document, and the entire document will be sent via
facsimile to those prospective Proposers who choose to be contacted via fax. A Purchase Order
will not be issued by the City unless the Successful Proposer has registered on-line. For any
questions, contact the Vendor Registration Section at (305) 416-1913.
3.14. Public Entity Crimes
A person or affiliate who has been placed on the convicted Proposer list following a conviction for a
public entity crime may not submit a proposal on a contract to provide any goods or services to a
public entity, may not submit a Response on a contract with a public entity for the construction or
repair of a public building or public work's project, may not submit a response on a lease of real
property to a public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, 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 287.017 of Florida
Statutes for Category Two for a period of 36 months from the date of being placed on the convicted
Bidder / Proposer list.
3.15. Resolution of Protests
Any actual or prospective contractual party who feels aggrieved in connection with the solicitation
or award of a contract may protest in writing to the Director of Purchasing/Chief Procurement
Officer who shall have the authority, subject to the approval of the City Manager and the City
Attorney, to settle and resolve a protest with final approval by the City Commission. Bidders are
alerted to Section 18-103 of the City's Ordinance No. 12271 describing the protest procedures.
Protests failing to meet the requirements for filing shall NOT be accepted. Failure of a party to
timely file shall constitute a forfeiture of such party's right to file a protest. NO EXCEPTIONS.
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3.16. Review of Responses for Responsiveness
Each Proposal will be reviewed to determine if it is responsive to the submission requirements
outlined in the RFQ. A "responsive" Proposal is one which follows the requirements of the RFQ,
includes all documentation, is submitted in the format outlined in the RFQ, is of timely submission,
and has appropriate signatures as required on each document. Failure to comply with these
requirements may deem a Proposal non -responsive. A responsible Proposer is one that has the
capability in all respects to fully perform the requirements set forth in the Proposal, and that has the
integrity and reliability, which will assume good faith performance.
3.17. Sales Tax
The City is State Sales Tax exempt. Notwithstanding, Proposers should be aware of the fact that all
materials and supplies which are purchased by the Proposer for the completion of the contract is
subject to the Florida State Sales Tax in accordance with Section 212.08 Florida Statutes as amended
and all amendments thereto and shall be paid solely by the Proposer.
3.18. First -Source Hiring Agreements.
(a) The Commission approves implementation of the first -source hiring agreement
policy and requires as a condition precedent to the execution of service contracts for
facilities, services, and/or receipt of grants and loans, for projects of a nature that
create new jobs, the successful negotiation of first -source hiring agreements between
the organization or individual receiving said contract and the authorized
representative unless such an agreement is found infeasible by the city manager and
such finding approved by the city commission at a public hearing.
(b)
For the purpose of this section, the following terms, phrases, words and their
derivations shall have the following meanings:
Authorized representative means the Private Industry Council of South
Florida/South Florida Employment and Training Consortium, or its successor as
local recipient of federal and state training and employment funds.
Facilities means all publicly financed projects, including but without limitation, unified
development projects, municipal public works, and municipal improvements to the extent
they are financed through public money services or the use of publicly owned property.
Grants and loans means, without limitation, urban development action grants (UDAG),
economic development agency construction loans, loans from Miami Capital Development,
Incorporated, and all federal and state grants administered by the city.
Service contracts means contracts for the procurement of services by the City which include
professional services.
Services include, without limitation, public works improvements, facilities, professional
services, commodities, supplies, materials and equipment.
(c) The authorized representative shall negotiate each first -source hiring agreement.
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(d) The primary beneficiaries of the first -source hiring agreement shall be participants of
the City training and employment programs, and other residents of the City.
3.19 Employees are Responsibility of Successful Proposer
All employees of the Successful Proposer shall be considered to be, at all times, the sole employees
of the Successful Proposer under its sole direction and not an employee or agent of the City. The
Successful Proposer shall supply competent and physically capable employees. The City may require
the Successful Proposer to remove an employee the City deems careless, incompetent, insubordinate
or otherwise objectionable and whose continued employment under this contract is not in the best
interest of the City. Each employee shall have and wear proper identification.
All the services required herein shall be performed by the Successful Proposer, and all personnel
engaged in performing the services shall be fully qualified to perform such services.
All personnel of the Successful Proposer must be covered by Workers Compensation,
unemployment compensation and liability insurance, a copy of which is to be provided to the City.
No personnel of the Successful Proposer may receive any City employment benefit.
3.20. Use of Name
The City is not engaged in research for advertising, sales promotion, or other publicity purposes. N.o
advertising, sales promotion or other publicity materials containing information obtained from this
Proposal are to be mentioned, or imply the name of the City, without prior express written
permission of the City Manager or the City Commission.
3.21. Collusion
The Proposer, by submitting a Proposal, certifies that its Proposal is made without previous
understanding, agreement or connection either with any person, firm, or corporation submitting .a
Proposal for the same services, or with the City's Purchasing Department or initiating Department.
The Proposer certifies that its Proposal is fair, without control, collusion, fraud, or other illegal
action. The Proposer further certifies that it is in compliance with the conflict of interest and code
of ethics laws. The City will investigate all situations where collusion may have occurred and the City
reserves the right to reject any and all Responses where collusion may have occurred.
3.22 Ownership of Documents
Proposer understands and agrees that any information, document, report or any other material
whatsoever which is given by the City to Successful Proposer or which is other wise obtained or
prepared by Successful Proposer pursuant to or under the terms of the RFQ is and shall at all
times remain the property of the City. Successful Proposer agrees not to use any such
information, document, report or material for any other purpose whatsoever without the written
consent of the City, which may be withheld or conditioned by the City in its sole discretion.
3.23 Unauthorized Work
Neither the qualified Proposer(s) nor any of his/her employees shall perform any work unless duly
authorized by the Contract Administrator or his designated representative. The qualified Proposer(s)
shall not be paid for any work performed outside the scope of the contract or any work performed
by an employee not otherwise previously authorized.
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