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HomeMy WebLinkAboutRFQ• City of Miami, Florida RFQ No. 03-04-136 SECTION 1 1.0. INTRODUCTION TO REQUEST FOR QUALIFICATIONS 1.1. Invitation Thank you for your interest in this Request for Qualifications ("RFQ") process. The City of Miami ("City"), through its Purchasing Department invites responses ("Proposals" or "Responses") which offer to provide the services described in greater detail in Section 2.0: "Scope of Services" 1.2. Term of Contract The proposer(s) qualified to provide the service(s) requested herein (the "Successful Proposer(s)" or "Consultant(s)") shall be afforded the opportunity to negotiate and execute a contract ("Contract") with the City, which shall have an effective term for consecutive annual periods determined by and for the convenience of the City, subject to the Consultant's continued satisfactory performance. Such Contract shall further detail terms and conditions, including but not limited to a termination clause. 1.3 Not Used 1.4. Deadline for Receipt of Request for Additional Information / Clarification Pursuant to the Cone of Silence, any request for additional information or clarification must be received in writing no later than Friday, August 13, 2004 @ 5:00 PM, Proposers may fax, email or mail their requests to the attention of Michael A. Rath, CPPO, CPPB, Assistant Purchasing Director at the City's Department of Purchasing, 444 S.W. 2nd Avenue, 61h Floor, Miami, Florida 33130. The facsimile number is (305) 400-5153 or email: mrath anci.miami.fl.us. This RFQ is subject to the City's "Cone of Silence" in accordance with Section 18-74 of the City's Ordinance No. 12271. 1.5. Cone of Silence Pursuant to Section 18-74 of the City of Miami Ordinance No. 12271, a "Cone of Silence" is imposed upon each RFP, RFQ, RFLI, or IFB after advertisement and terminates at the time the City Manager issues a written recommendation to the Miami City Commission. The Cone of Silence shall be applicable only to Contracts for the provision of goods and services and for public works or city improvements for amounts greater than $200,000. The Cone of Silence prohibits any communication regarding RFPs, RFQs, RFLIs or IFBs (bids) between, among others: • Potential vendors, service providers, bidders, lobbyists or consultants and the City's professional staff including, but not limited to, the City Manager and the City Manager's staff, the Mayor, City Commissioners, or their respective staffs; • potential vendors, service providers, bidders, lobbyist or consultants, any member of the City's professional staff, City Department Directors or their respective staffs and any member of the respective selection/evaluation committee The provision does not apply to, among other communications: • oral communications with the City purchasing staff regarding Minority/Women Business Enterprise (M/WBE) and local vendor outreach programs, provided the communication is limited strictly to matters of process or procedure already contained in the solicitation document; • the provisions of the Cone of Silence do not apply to oral communications at duly noticed site visits/inspections, pre -proposal or pre -bid conferences, oral presentations before selection/evaluation committees, contract negotiations during any duly noticed public meeting, or public presentations made to the Miami City Commission during a duly noticed public meeting; or • communications in writing or by email at any time with any City employee, official or member of the City Commission unless specifically prohibited by the applicable RFP, RFQ or bid documents. Section 1 1 • • CilyofMiami, Florida RFQ No. 03-04-136 • communications in connection with the collection of industry comments or the performance of market research regarding a particular RFP, RFQ, RFLI OR IFB by City Purchasing staff. Proposers or bidders must file a copy of any written communications with the Office of the City Clerk, which shall be made available to any person upon request. The City shall respond in writing and file a copy with the Office of the City Clerk, which shall be made available to any person upon request. Written communications may be in the form of e-mail, with a copy to the Office of the City Clerk at JCerratona ci miami fl.us In addition to any other penalties provided by law, violation of the Cone of Silence by any proposer or bidder shall render any award voidable. A violation by a particular Bidder, Proposer, Offeror, Respondent, Lobbyist or Consultant shall subject same to potential debarment pursuant to the City Code. Any person having personal knowledge of a violation of these provisions shall report such violation to the State Attorney and/or may file a complaint with the Ethics Commission. Proposers or bidders should reference Section 18-74 of the City of Miami Code for further clarification. This language is only a summary of the key provisions of the Cone of Silence. Please review City of Miami Ordinance No. 12271 for a complete and thorough description of the Cone of Silence. You may contact the City Clerk at 305-250-5360, to obtain a copy of same. 1.6. Additional Information or Clarification Requests for additional information or clarifications must be made in writing and received by the designated person specified on the cover sheet of this RFQ, in accordance with the deadline for receipt of questions specified in the RFQ (see Section 1.4) and the Cone of Silence (see Section 1.5). The request must contain the RFQ number and title, Proposer's name, name of Proposer's contact person, address, phone number, and facsimile number. Electronic facsimile requesting additional information will be received by the Sr. Buyer for this RFQ at the fax number specified on the cover sheet of this RFQ. Facsimiles must have a cover sheet which includes, at a minimum, the Proposer's name, name of Proposer's contact person, address, number of pages transmitted, phone number, facsimile number, and RFQ number and title, The City will issue responses to inquiries and any other corrections or amendments it deems necessary in written addenda issued prior to the Proposal Submission Date. Proposers should not rely on any representations, statements or explanations other than those made in this RFP or in any written addendum to this RFP. Where there appears to be conflict between the RFP and any addenda issued, the last addendum issued shall prevail. 1.7. Award of Contract The Selected Proposer(s) evaluated and ranked in accordance with the requirements of this RFQ, applicable City regulations and State Statute shall be awarded an opportunity to negotiate a contract ("Contract") with the City. The City reserves the right to execute or not execute, as applicable, a Contract with the selected Proposer(s) that is determined to be in the City's best interests. Such Contract(s) will be furnished by the City, will contain certain terms as are in the City's best interests, and may be executed for groups of projects or on a project by project basis. Ail contracts to be executed are continuing contracts as that term is defined by the Consultant's Competitive Negotiation Act, §287.055, Florida Statutes. The City reserves the right to make specific task assignments for individual project(s) by subsequent Work Order(s) issued pursuant to the awarded Contract(s). 1.8. Contract Execution Contract(s) will be negotiated and executed between the Successful Proposer(s) and the City. 1.9. Unauthorized Work The Successful Proposer(s) shall not begin work until a City Purchase Order is received. The Purchase Order(s) shall specify the price and period of time allotted for the completion of the work. Section 1 2 • City of Miami, Florida RFQ No. 03-04-136 1.10. Instructions Careful attention must be given to all requested items contained in this RFQ. Proposers are invited to submit Responses in accordance with the requirements of this RFQ. PLEASE READ THE ENTIRE SOLICITATION BEFORE SUBMITTING A PROPOSAL. The entire set of documents constitutes the RFQ. Where forms are provided, Proposers shall make the necessary entry in all blanks provided for the responses. The Proposer must return such forms and required documents with el! information necessary for the City to properly analyze Proposer's response in total and in the same order in which it was issued. Proposer's notes, exceptions, and comments may be rendered on an attachment, provided the same format of this RFQ text is followed. All Responses shall be returned in a sealed envelope or package with the RFQ number and opening date clearly noted on the outside of the envelope. Proposers must provide a response to each requirement of the RFQ. Responses should be prepared in a concise manner with an emphasis on completeness and clarity. 1.11, Changes 1 Alterations Proposer may change or withdraw a Proposal at any time prior to Proposal submission deadline; however, no oral modifications will be allowed. Written modifications shall not be allowed following the proposal deadline. 1.12. Sub-Consultant(s) A Sub -Consultant, herein also known as Sub-Contractor(s) is an individual or firm contracted by the Proposer or Proposer's firm to assist in the performance of services required under this RFQ. A Sub - Contractor shall be paid through Proposer or Proposer's firm and not paid directly by the City. Sub - Contractors are allowed by the City in the performance of the services delineated within this RFQ. Proposer must clearly reflect in its Proposal the major Sub -Contractors to be utilized in the performance of required services. The City retains the right to accept or reject any Sub -Contractors proposed in the response of Successful Proposer(s) or prior to contract execution. Any and all liabilities regarding the use of a Sub -Contractor shall be borne solely by the Successful Proposer(s) and insurance for each Sub - Contractors must be maintained in good standing and approved by the City throughout the duration of the Contract. Neither Successful Proposer(s) nor any of its Sub -Contractors are considered to be employees or agents of the City. Failure to list all Sub -Contractors and provide the required information may disqualify any proposed Sub -Contractors from performing work under this RFQ. Proposers shall include in their Responses the requested Sub -Contractor information and include all relevant information required of the Proposer. In addition, within five (5) working days after the identification of the award to the Successful Proposer(s), the Proposer shall provide a list confirming the Sub -Contractors that the Successful Proposer(s) intends to utilize in the Contract, if applicable. The list shall include, at a minimum, the name, location of the place of business for each Sub -Contractor, the services Sub -Contractor will provide relative to any contract that may result from this RFQ, any applicable licenses, references, ownership, and other information required of Proposer. 1.13. Discrepancies, Errors, and Omissions Any discrepancies, errors, or ambiguities in the RFQ or addenda (if any) should be reported in writing to the City's Purchasing Department. Should it be necessary, a written addendum will be incorporated to the RFQ. The City will NOT be responsible for any oral instructions, clarifications, or other communications. 1.14. Disqualification The City reserves the right to disqualify Responses before or after the submission date, upon evidence of collusion with intent to defraud or other illegal practices on the part of the Proposer. It also reserves the right to waive any immaterial defect or informality in any Responses; to reject any or all Responses in whole or in part, or to reissue a Request for Responses. 1.15. ResponseslProposal Receipt Sealed Responses will be accepted in accordance with the instructions detailed on the cover of this RFQ. After that date and time, Responses will not be accepted. The Proposer shall file all documents necessary to Section 1 3 • City of Miami, Florida RFQ No. 03-64-136 support its Proposal and shall include them with its Proposal. Proposers shall be responsible for the actual delivery of Responses during business hours to the exact address indicated on the cover and in the RFQ. Responses that are not received by the CITY CLERK'S OFFICE by the deadline established in the RFQ shall not be accepted or considered by the City. 1.16. Capital Expenditures The Successful Proposer(s) understands that any capital e. pnnditares that the Successful Proposer(s) makes, in order to perform the services required by the City in this RFQ, is a business risk which the Successful Proposer(s) may include in its proposed price. The City, however, is not and shall not pay or reimburse any capital expenditures or any other expenses, incurred by any Proposer in anticipation of a Contract award nor to maintain the approved status of the Successful Proposer(s) if a Contract is awarded. Section 1 4 • • City of Miami, Florida RFQ No. 03-04-136 SECTION 2 2,0 SCOPE OF SERVICES 2..1 BACKGROUND The City is seeking the services of qualified firms to provide town planning and urban design of neighborhoods with an emphasis on new urbanist principles and the public process. These services include the design of master plans, housing prototypes and regulations that emphasize human scale, historic context, public open spaces and the pedestrian realm for neighborhoods in the City of Miami. 2,2 SCOPE OF WORK These services include the design of master plans, housing prototypes and regulations that emphasize human scale, historic context, public open spaces and the pedestrian realm for neighborhoods in the City of Miami. 2.3 MINIMUM QUALIFICATIONS Registration with the Florida State Board of Architecture and/orA.I.C.P. registration. 2.3 ADEQUACY OF PERSONNEL The Prime Consultant must have at least one professional architect registered in Florida. The number of Florida registered professionals required for specific projects will be determined during the consultant selection process on a project -by -project basis against the Selection Committee's estimate of the consultant personnel required to adequately and competently perform the work in the desired time frame. 2.3 PAST RECORD, EXPERIENCE AND CAPABILITY Satisfactory experience must be demonstrated in the activities required for this type of work by the full- time employed Florida registered architect(s) or other professional(s) used by the firm. Section 2 5 • • City of Miami, Florida RFQ No, 03-04-136 SECTION 3 3.0. RFQ GENERAL CONDITIONS 3.1. Acceptance/Rejection The City reserves the right to accept or reject any or all Responses or to select the Proposer(s) that, in the opinion of the City, will be in the best interest of and/or the most advantageous In 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 aver which the City has no control. The agreement will include a "no damage for delay" clause. 3.3. Contract Award and City's Rights The City reserves the right to accept or reject any or all responses to this RFQ, waive informalities, 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 ail applicable federal, state, county and local laws, 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, 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). Local preference is considered as a factor in the location of the firm. 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). Section 3 6 City of Miami, Florida RFQ No. 03-04-136 3.9. Occupational License Requirement Any Proposer with a business location in the City, who submits a Proposal under this RFP, 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(s) 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 laws. 3.11. One Proposal Only one (1) Proposal from an individual, firm, partnership, corporation or joint venture as a Prime Consultant will be considered in response to this RFQ. Sub -consultants are permitted to be included in proposals from more than one Proposer (Prime Consultant). 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, staffing, quality assurance program, and previous similar projects. 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. Proposer Registration It is the policy of the City that all prospective Proposers register as a Bidder indicating the commodities/services which the Proposer can regularly supply to the City for inclusion on the City's Proposer/bidder's list. Should a prospective Proposer not be currently listed on the City's Proposer/bidder's list, you may register via the internet at: http://egov.ci.miami.fi.us/bids/bids,asp. 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. Section 3 7 e • • City of Miami, Florida RFQ No 03-04-136 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 Propose,r 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. (d) The primary beneficiaries of the first -source hiring agreement shalt be participants of the City training and employment programs, and other residents of the City. 3.19 Employees are Responsibility of Successful Proposer(s) All employees of the Successful Proposer(s) shall be considered to be, at all times, the sole employees of the Successful Proposer(s) under its sole direction and not an employee or agent of the City. The Successful Proposer(s) shall supply competent and physically capable employees. The City may require the Successful Proposer(s) 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. Section 3 8 • City of Miami, Florida RFQ No. 03-04-136 All the services required herein shall be performed by the Successful Proposer(s), and all personnel engaged in performing the services shall be fully qualified to perform such services. All personnel of the Successful Proposer(s) 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. No 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(s) or which is other wise obtained or prepared by Successful Proposer(s) pursuant to or under the terms of the RFQ is and shall at all times remain the property of the City. Successful Proposer(s) 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. Section 3 9 City of Miami, Florida RFQ No. 03-09-136 SECTION 4 4.0. SPECIAL CONDITIONS OF PROPOSED CONTRACT(S) 4.1. Authorization Upon authorization of the City Commission (if required), the City Manager or his authorized designee shall negotiate ail aspects of the Contract with the Successful Proposer(s). The City Attorney's Office will provide assistance to the City Manager or his designee during the negotiation of the Contract and must approve the Contract as to legal form and correctness prior to the City Commission's authorization (if required) for the execution of the Contract by the City Manager. The Contract shall comply with all applicable laws, City Charter, and code provisions. The contract shall include certain clauses which will safeguard the interests of the City including, without limitations, cancellation for convenience, hold harmless/indemnity, no damages for delay, and no adverse interest to the City clauses. 4.2. General The Contract shall address, but not be limited to, the following terms and conditions: 4.2.1. AMENDMENTS TO THE CONTRACT(S) The City Manager shall have sole authority to amend the Contract on behalf of the City. 4.2.2. ASSIGNMENT OF CONTRACT The Successful Proposer(s) shall not assign any portions thereof, or any part of his/her operations, without written permission granted by the City through the City Manager, in the City's sole discretion. These services are unique in nature and no contract awarded by the city for this service shall be freely assignable. The city manager may withhold, deny or conditionally grant or deny any request for an assignment. Any proposed assignee will have to assume all terms of the contract, in writing, and in a form acceptable to the city attorney. 4.2.3. COMPLIANCE WITH ORDERS AND LAWS AND CANCELLATION The Successful Proposer(s) shall comply with all local, state, and federal directives, ordinances, rules, orders, and laws as applicable to this RFQ. Non-compliance with all local, state, and federal directives, orders, and laws may be considered grounds for termination of Contract. 4.2.4. CONFLICT OF INTEREST If any individual member of a proposing team, or an employee of a proposing team/firm, or an immediate family member of the same is also a member of any board, commission, or agency of the City, that individual is subject to the conflict of interest provisions of the City Code, Section 2-611. The Code states that no City officer, official, employee or board, commission or agency member, or a spouse, son, daughter, parent, brother or sister of such person, shall enter into any contract, transact any business with the City, or appear in representation of a third party before the City Commission. This prohibition may be waived in certain instances by the affirmative vote of 4/5 of the City Commission, after a public hearing, but is otherwise strictly enforced and remains effective for two years subsequent to a person's departure from City employment or board, commission or agency membership. This prohibition does not preclude any person to whom it applies from submitting a Proposal. However, there is no guarantee or assurance that such person will be able to obtain the necessary waiver from the City, even if such person were the Successful Proposer(s). A letter indicating a conflict of interest for each individual to whom it applies shall accompany the submission package. The letter must contain the name of the individual who has the conflict; the relative(s), office, type of employment or other situation which may create the conflict; the board on which the individual is or has served; and the dates of service. Section 4 I0 Cily of Miami, Florida RFQ No. 03-04-136 4.3. CONTRACT ADMINISTRATOR The Contract Administrator for the Contract shall be: Name Ana Gelabert-Sanchez, Director Department Planning & Zoning Department Address 444 S.W 2nd Avenue, 3rd Floor Miami, Florida 33130 4.4. CONTRACT / PROJECT MANAGER For the services proposed, Proposer shall include the name and telephone, and/or beeper number of the firms intended Project Manager for the City's contract. In the event the Contract is awarded to Proposer, the City's Project Manager, designated by Successful Proposer(s), shall be available at one of these contact numbers on a daily basis during at least regular business hours, Monday through Friday, for purposes of addressing complaints and receiving information as to Contract performance. Should the Project Manager deemed acceptable by the City leave the Successful Proposer(s)'s firm for any reason, the City reserves the right to accept or reject any other proposed Project Manager. 4.5. INDEMNIFICATION The Successful Proposer(s) shall agree to indemnify, defend and hold harmless the City and its officials, employees and agents (collectively referred to as "Indemnities") and each of them from and against all losses, costs, penalties, fines, damages, claims, expenses (including attorney's fees), liabilities (collectively referred to as "Liabilities") by reason of any injury to or death of any person or damage to or destruction or loss of any property arising out of, resulting from, or in connection with (i) the performance or non-performance of the services contemplated by the Contract which is or is alleged to be directly or indirectly caused, in whole or in part, by any act, omission, default or negligence (whether active or passive) of the indemnities, or any of them or (ii) the failure of the Successful Proposer(s) to comply with any of the requirements specified within the Contract, or the failure of the Successful Proposer(s) to conform to statutes, ordinances, or other regulations or requirements of any governmental authority, federal or state, in connection with the performance under the Contract. Successful Proposer(s) expressly agrees to indemnify and hold harmless the Indemnities, or any of them, from and against all liabilities which may be asserted by an employee or former employee of Successful Proposer(s), or any of its subcontractors, if applicable and as provided above, for which the Successful Proposer(s)'s liability to such employee or former employee would otherwise be limited to payments under state Workers' Compensation or similar laws. The Indemnifications will be interpreted to comply with §725.06 and/or §725.08, Florida Statutes, as applicable. 4.6. INSURANCE Within ten (10) days after notification of award, the Successful Proposer(s) shall furnish Evidence of Insurance to the Planning & Zoning Department and to the Risk Management Department. Both departments are located at City of Miami, 444 SW 2 Avenue, Miami, FL 33130. Please refer to Section 6.3 Indemnification and Insurance. Execution of a Contract is contingent upon the receipt of proper insurance documents. If the insurance certificate is received within the specified time frame but not in the manner prescribed in this RFQ, the Successful Proposer(s) shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the City. If the Successful Proposer(s) fails to submit the required insurance documents in the manner prescribed in this RFQ, within fifteen (15) calendar days after the Successful Proposer(s) has been made aware of Commission award, the Proposer may be in default of the contractual terms and conditions. Under such circumstances, the Successful Proposer(s) may be prohibited from submitting future Responses to the City. information regarding any insurance requirements shall be directed to the Risk Management Administrator, Risk Management Department, at (305) 416-1700. Additionally, Successful Proposer(s) may be liable to the City for the cost of re -procuring the services, caused by Successful Proposer(s)'s failure to submit the required documents. Section 4 1 1 • • City of Miami, Florida RFQ No. 03-04-136 4.7. HOLD HARMLESS The Successful Proposer(s) shall hold harmless and indemnify the City for any errors in the provision of services and for any fines which may result from the fault of the Successful Proposer(s). 4.8. AUDIT RIGHTS AND RECORDS RETENTION The Successful Proposer(s) agrees to provide access to the City, or to any of its duly authorized representatives, to any books, documents, papers, and records of the Successful Proposer(s) which are directly pertinent to this Contract, for the purpose of audit, examination, excerpts, and transcriptions. The Successful Proposer(s) shall maintain and retain any and all books, documents, papers and records pertinent to the Contract for three (3) years after the City makes final payment under the Contract and all other pending matters are closed. Successful Proposer(s)'s failure to adhere to, or refusal to comply with, this condition shall result in the immediate cancellation of the Contract by the City. 4.9. PROHIBITION AGAINST CONTINGENT FEE Proposer warrants that no one was paid a fee, commission, gift, or other consideration contingent upon receipt of an award for the services specified herein. 4.10. OWNERSHIP OF DOCUMENTS The Successful Proposer(s) is permitted to make and maintain duplicate copies of the files, records, documents, etc. if the Successful Proposer(s) is desirous of such records subsequent to contract termination. However, in no way shall the confidentiality as permitted by applicable law be breached. Drawings and Specifications as instruments of service under a Contract are and shall become the property of the City regardless of whether the Project for they were made is contracted for or constructed. The CONSULTANT shall be permitted to retain copies, including reproducible copies, of Drawings and Specifications for information and reference in connection with the City's use and occupancy of the Project Section 4 I2 City of Miami, Florida RFQ No. 03-04-136 SECTION 5 5.0. INSTRUCTIONS FOR SUBMITTING A RESPONSE The following information and documents are required to be provided with Proposer's Response to this RFQ. Failure to do so may deem your proposal non -responsive. 5.1 Submission Requirements - Request for Qualifications The following documents must be subn+tied as part of the Response to this RFQ: Each submittal must contain the following documents, each fully completed, and signed as required, Submittals which do not include all required documentation, or are not submitted in the required format, or do not have the appropriate signatures on each document, may be deemed to be non -responsive, Non- responsive submittals will receive no further consideration. A. CONTENTS OF QUALIFICATION STATEMENT 1. Table of Contents An outline in sequential order of the major areas of the submittal, including enclosures. All pages should be consecutively numbered and correspond to the Table of Contents 2. Letter of Interest- Narrative of Qualifications Provide a Letter of Interest indicating the including a narrative that addresses the issues identified below and any other information called for in the RFQ. This Narrative shall be no more that eight (8) pages long single sided, on 8 %" X 11" paper, with a Font size of 11. The Narrative shall address, at a minimum, these aspects: a. Understanding of Program/Project Issues: The Consultant should demonstrate their understanding of the general scope of work, as specified herein, and clearly define key project related issues commonly encountered on typical town planning and urban design projects, Include examples of firm's successful resolution of key project -related issues. b. Approach to the Program/Project: The Consultant should identify and describe the Project Management approach to the contract, Consultant shall additionally detail the Consultant's Quality Assurance Program, covering the Program organization, its functional methods, relationship to staff performing the work under the proposed Contract; quality review methods used to monitor compliance; maintain records, and control of sub -consultants and vendors. c. Program/P►ofect Staffing: The Consultant should identify all members of the proposed Project Team, including any Sub -consultants, by experience level (years experience in their respective disciplines, and presentation of any and all relevant certifications), availability, experience on similar contracts, and the roles and responsibility envisioned for the City contract. All proposed Program/Project Managers should be identified. Each Proposer should provide a staffing plan that will allow it to meet the requirements of the Scope of Work, as well as provide resumes for all key staff identified for the City contract. Resumes should be limited to two pages in length maximum, and shall not count towards the narrative page limitation. Proposers shall additionally complete the "Proposers Qualification Statement" (see Section 6.7 of this RFQ) for each company represented in the project team. 3. Local Preference Provide location from which the Consultant will be based to perform the work, NOTE: If seeking consideration for local preference, Proposer must complete the attached Local Office Location Affidavit in Section 6. (Points will only be afforded to the Prime Consultant) Section 5 13 • • City of Miami, Florida RFQ No, 03-04-136 4. Minority/'Women Participation If seeking MNVBE consideration in the evaluation process, proposers must be certified by the City of Miami, State of Florida, Miami -Dade County School Board or Miami -Dade County as an M/WBE prior to proposal submission date. Additionally, the City of Miami Minority/Business Affairs Registration Affidavit or an Affidavit from one of the above listed entities must be submitted with Proposal, (see Section 6) for consideration if applicable. (Points will only be afforded to the Prime Consultant) 5. Respondent Information Forms and Acknowledgment of Addenda B. SUBMITTAL GUIDELINES Any and all Responses that do not follow the prescribed format are subject to immediate disqualification. When responding to this RFQ, all Proposers shall adhere to the guidelines defined below: Completed Response forms, including ail required forms included with this RFQ. Refer to the Checklist(s) for guidance on the information and documentation to be provided with Response. Forms and Acknowledgments that Proposers shall complete and submit as part of its Proposal are discussed under Section 6.0, RFQ Response Forms which include all of the following forms and/or documents. 6.1 RFQ Information Form 6.2 Certificate of Authority 6.3 Indemnification and Insurance Requirements 6.4 Local Office Location Affidavit 6.5 Debarment and Suspension Certificate 6.6 Statement of Compliance with Ordinance 10032 — First Source Hiring 6.7 Proposer's Qualifications Statement 6.8 M/WBE Participation Form, plus proof of current Miami M/WBE Certification, if applicable 6.9 Conflict of Interest, Non -Collusion Certification 6.10 Complete Proposal, including all required documentation and licenses, etc. FAILURE TO SUBMIT ALL OF THE ABOVE REQUIRED FORMS/DOCUMENTATION MAY DISQUALIFY PROPOSER. Proposer must clearly reflect in its Proposal any Sub -Consultants proposed to be utilized, and provide for the sub -consultant the same information required of Consultant. The City retains the right to accept or reject any Sub -Consultants proposed. Throughout this RFQ, the phrases "must" and "shall" will denote mandatory requirements. Any Proposer's proposed system that does not meet the mandatory requirements is subject to immediate disqualification, 5.2. Response Format — Request for Qualifications One (1) original, five (5) copies and one (1) copy on CD-ROM in .PDF format of your complete response to this RFQ must be delivered to: Ms. Priscilla A. Thompson, City Clerk City of Miami Office of the City Clerk 3500 Pan American Drive First Floor Miami, Florida 33133 Section 5 14 • City of Miami, Florida RFQ No. 03-04-136 Responses must be clearly marked on the outside of the package referencing: RFQ NO. 03-04-136 TOWN PLANNING/URBAN DESIGN PROFESSIONAL SERVICES Responses received after the date and time stated in the RFQ will not be accepted and shall be returned unopened to Proposer. Responses received at any other location than the aforementioned or after the Proposal submission date and time shall be deemed non -responsive. Responses should be signed by an official authorized to bind the Proposer to the provisions given in the Proposal. Responses are to remain valid for at least 180 days. Upon award of a Contract, the contents of the Proposal of the Successful Proposer(s) may be included as part of the Contract, at the City's discretion. Proposers must provide a response to each issue. Responses should be prepared in a concise manner with an emphasis on completeness and clarity. Section 5 15 City of Miami, Florida SECTION 6 RFQ No. 03-04-136 6.0. RFQ RESPONSE FORMS and PROPOSAL CHECKLIST This checklist is provided to help you conform to all form/document requirements stipulated in this RFQ and attached herein. CHECKLIST Submitted With Proposal 6.1 RFQ Information Form This form must be completed, signed, and returned with Proposal. YES 6.2 Certificate of Authority, to be completed, signed and returned with Proposal. Complete applicable form only. 6.2.1. Certificate of Authority Of Corporation) 6.2.2. Certificate of Authority (If Partnership) 6.2.3. Certificate of Authority (If Joint Venture) 6.2,4. Certificate of Authority (If Individual) YES 6.3 Insurance Requirements Acknowledgment of receipt of information on the insurance requirements for this RFQ (must be signed) YES 6.4 Primary Office Location Affidavit, if applicable YES 6.5 Debarment and Suspension Certificate (must be signed) YES 6.6 Statement of Compliance with Ordinance 10032 YES 6.7 Proposer's Qualifications Statement YES 6.8 Proof of current M/WBE Certification, if applicable Applies to MIWEE firms registered with the City See 3.6 of General Conditions Provide copy of registration. YES 6.9 Conflict of Interest, if applicable See 4.2.4 of Special Conditions of Proposed Contract YES 6.10 Complete Proposal with all required documentation See 5.1 of Instructions for Submitting a Response YES Section 6 16 • City of Miami, Florida RFQ No. 03-04-136 6.1. RFQ INFORMATION FORM RFQ NO. 03-04-136 Town Planning/Urban Design Professional Services I certify that any and all information contained in this RFQ is true; and f further certify that this RFQ is made without prior understanding, agreement, or connections with any corporation, firm or person submitting a RFQ for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. 1 agree to abide by all terms and conditions of the RFQ, and certify that I am authorized to sign for the Proposer firm, Please print the following and sign your name: Firm's Name: Principal Business Address: Telephone: Fax: E-mail address: Name: Title: Authorized Signature: Section 6 17 City of Miami, Florida RFQ No, 03.04-136 6.2.1 CERTIFICATE OF AUTHORITY (IF CORPORATION) STATE OF SS: COUNTY OF ) HEREBY CERTIFY that a meeting of the Board of Directors of the a corporation existing under the laws of the State of , held a meeting 20 , at which the following resolution was duly passed and adopted: "RESOLVED, that, as President of the Corporation, be and is hereby authorized to execute the Proposal dated, , 20 , to the City of Miami and this corporation and that their execution thereof, attested by the Secretary of the Corporation, and with the Corporate Seal affixed, shall be the official act and deed of this Corporation." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this , day of , 20 Secretary: (SEAL) FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM MAY DISQUALIFY YOUR RESPONSE Section 6 18 0 • • City of Miami, Florida RFQ No. 03-04-136 6.2.2 CERTIFICATE OF AUTHORITY (IF PARTNERSHIP) STATE OF ) ) SS: COUNTY OF ) HEREBY CERTIFY that a meeting of the Partners of the organized and existing under the laws of the State of , held on , 20 , the following resolution was duly passed and adopted: "RESOLVED, that, , as of the Partnership, be and is hereby authorized to execute the Proposal dated, 20 , to the City of Miami and this partnership and that his/her execution thereof, attested by the shall be the official act and deed of this Partnership." 1 further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this day of , 20_ Secretary: (SEAL) FAILURE TO COMPLETE, SIGN AND RETURN THIS FORM MAY DISQUALIFY YOUR RESPONSE Section 6 19 • City of Miami, Florida RFQ No 03-04-136 6.2.3 CERTIFICATE OF AUTHORITY (IF JOINT VENTURE) STATE OF SS: COUNTY OF I HEREBY CERTIFY that a meeting of the Principals of the organized and existing under the laws of the State of held a meeting on , 20, at which the following resolution was duly passed and adopted: "RESOLVED, that, as of the Joint Venture be and is hereby authorized to execute the Proposal dated, 20� , to the City of Miami official act and deed of this Joint Venture." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this day of 20__ Secretary: (SEAL) FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM MAY DISQUALIFY YOUR RESPONSE. Section.6 20 • City of Miami, Florida RFQ No, 03-04-136 6.2.4 CERTIFICATE OF AUTHORITY (IF INDIVIDUAL) STATE OF COUNTY OF } SS: I HEREBY CERTIFY that as an individual, I (Name of Individual) and as a d/b/a (doing business as) (if applicable) exist under the laws of the State of Florida. "RESOLVED, that, as an individual and/or d/b/a (if applicable), be and is hereby authorized to execute the Proposal dated, , 20 , to the City of Miami as an individual and/or d/b/a (if applicable) and that my execution thereof, attested by a Notary Public of the State, shall be the official act and deed of this attestation." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, ! have hereunto set my hand and affixed the official seal of Notary Public this , day of , 20 NOTARY PUBLIC; Commission No.: personally know the individual/do not know the individual (Please Circle) Driver's License # (SEAL) FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM MAY DISQUALIFY YOUR RESPONSE. Section 6 21 City of Miami, Florida RFQ No. 03-04-136 6.3. INDEMNIFICATION AND INSURANCE INDEMNIFICATION Successful Proposer(s) shall indemnify, defend and hold harmless the City and its officials, employees. and agents (collectively referred to as "Indemnities") and each of them from and against all loss, cost, penalties, fines, damages, claims, expenses (including attorney's fees) or liabilities (collectively referred to as "Liabilities") by reason of any injury to or death of any person or damage to or destruction or loss of any property arising out of, resulting from, or in connection with (i) the performance or non-performance of the services contemplated by the Contract which is or is alleged to be directly or indirectly caused, in whole or in part, by any act, omission, default or negligence (whether active or passive) of Successful Proposer(s) or its employees, agents, or subcontractors (collectively referred to as "Proposer"), regardless of whether it is, or is alleged to be, caused in whole or part (whether joint, concurrent, or contributing) by any act, omission, default or negligence (whether active or passive) of the Indemnities, or any of them or (ii) the failure of the Successful Proposer(s) to comply with any of the provisions in the Contract or the failure of the Successful Proposer(s) to conform to statutes, ordinances or other regulations or requirements of any governmental authority, federal or state, in connection with the performance of the Contract. Successful Proposer(s) expressly agrees to indemnify and hold harmless the Indemnities, or any of them, from and against all liabilities which may be asserted by an employee or former employee of Proposer, or any of its subcontractors, as provided above, for which the Successful Proposer(s)'s liability to such employee or former employee would otherwise be limited to payments under state Workers' Compensation or similar laws. Successful Proposer(s) further agrees to indemnify, defend and hold harmless the Indemnities from and against (i) any and all Liabilities imposed on account of the violation of any law, ordinance, order, rule, regulation, condition, or requirement, in any way related, directly or indirectly, to Successful Proposer(s)'s performance under the Contract, compliance with which is left by the Contract to the Proposer, and (ii) any and all claims, and/or suits for labor and materials furnished by the Successful Proposer(s) or utilized in the performance of the Contract or otherwise. Where not specifically prohibited by law, Successful Proposer(s) further specifically agrees to indemnify, defend and hold harmless the Indemnities from all claims and suits for any liability, including, but not limited to, injury, death, or damage to any person or property whatsoever, caused by, arising from, incident to, connected with or growing out of the performance or non-performance of the Contract which is, or is alleged to be, caused in part (whether joint, concurrent or contributing) or in whole by any act, omission, default, or negligence (whether active or passive) of the Indemnities. The foregoing indemnity shall also include liability imposed by any doctrine of strict liability. The Successful Proposer(s) shall furnish to City of Miami, c/o Capital Improvement Department, 444 SW 2nd Avenue, 8`n Floor, Miami, Florida 33130, Certificate(s) of Insurance prior to contract execution which indicate that insurance coverage has been obtained which meets the requirements as outlined below: Section46 COMMERCIAL GENERAL LIABILITY A. Limits of Liability Bodily Injury and Property Combined Single Limit Each Occurrence $1,000,000 General Aggregate Limit $2,000,000 Personal and Adv. Injury $1,000,000 Products/Completed Operations $1,000,000 B. Endorsements Required City of Miami included as an Additional Insured Employees included as insured Contractual Liability 22 • City of Miami, Florida RFQ No, 03-04-138 Waiver of Subrogation Premises/ Operations Care, Custody and Control Exclusion Removed II. AUTOMOBILE BUSINESS A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 1,000,000 B. Endorsements Required City of Miami included as an Additional Insured Employees included as insured Waiver of Subrogation III. WORKER'S COMPENSATION Limits of Liability Statutory -State of Florida IV. PROFESSIONAL LIABILITY/ERRORS AND OMISSIONS COVERAGE Combined Single Limit Each Occurrence $2,000,000 General Aggregate Limit $2,000,000 Deductible- not to exceed 10% The City is required to be named as additional insured. BINDERS ARE UNACCEPTABLE. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the Successful Proposer(s). All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The Company must be rated no less than "A" as to management, and no Tess than "Class X" as to financial strength, by the latest edition of Best's Key Rating Insurance Guide or acceptance of insurance company which holds a valid Florida Certificate of Authority issued by the State of Florida, Department of Insurance, and are members of the Florida Guarantee Fund. Certificates will indicate no modification or change in insurance shall be made without thirty (30) days written advance notice to the certificate holder. NOTE: CITY RFP NUMBER AND/OR TITLE OF RFP MUST APPEAR ON EACH CERTIFICATE. Compliance with the foregoing requirements shall not relieve the Successful Proposer(s) of his liability and obligation under this section or under any other section of this Agreement. The Successful Proposer(s) shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in force for the duration of the contractual period; including any and all option terms that may be granted to the Successful Proposer(s). Section 6 23 • City of Miami, Florida RFQ No. 03-04-136 --If insurance certificates are scheduled to expire during the contractual period, the Successful Proposer(s) shall be responsible for submitting new or renewed insurance certificates to the City at a minimum of ten (10) calendar days in advance of such expiration. --In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the City shall: A) Suspend the Contract until such time as the new or renewed certificates are received by the City in the manner prescribed in the RFP. B) The City may, at its sole discretion, terminate the Contract for cause and seek re -procurement damages from the Successful Proposer(s) in conjunction with the violation of the terms and conditions of the Contract. The undersigned Proposer acknowledges that they have read the above information and agrees to comply with all the above City requirements. Proposer: Signature: (Company name) Date: Print Name: FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM MAY DISQUALIFY YOUR RESPONSE. Section.6 24 • • City of Miami, Florida 6.4. LOCAL OFFICE LOCATION AFFIDAVIT RFQ No. 03-04-136 Please type or print clearly. This Affidavit must be completed in full, signed and notarized ONLY if your office is located within the corporate limits of the City of Miami. Legal Name of Firm: Entity Type: (check one box only) ❑ Partnership (] Sole Proprietorship ❑ Corporation Corporation Doc. No: Date of Issuance: Date Established: Occupational License No: w 4dra rf;'.R.:1 PRESENT Street Address: City: State: How long at this location: PREVIOUS Street Address: City: State How long at this location: The Intention of this section is to benefit local bona fide bidders/proposers to promote economic development within the corporate limits of the City of Miami. I (we) certify, under penalty of periury, that the office location of our firm has not been established with the sole purpose of obtaining the advantage granted bona fide local bidders/proposers by this section. Authorized Signature Print Name Title Authorized Signature Print Name Title (Must be signed by the corporate secretary of a Corporation or one general partner of a partnership or the proprietor of a sole proprietorship or all partners of a joint venture.) STATE OF FLORIDA, COUNTY OF MIAMI-DADE J Personally known to me; or Subscribed and Sworn before me that this is a true statement this day of 200_ () Produced identification: Notary Public, State of Florida My Commission expires Printed name of Notary Public Please submit with your bid copies of Occupational License, professional and/or trade License to verify local status. The City of Miami also reserves the right to request a copy of the corporate charter, corporate Income tax filing return and any other documents(s) to verify the location of the firms office location. Section 6 25 • • City of Miami, Florida RFQ No. 03-04-136 6.5. DEBARMENT AND SUSPENSION (a) Authority and requirement to debar and suspend: After reasonable notice to an actual or prospective contractual party, and after reasonable opportunity to such party to be heard, the City Manager, after consultation with the Chief Procurement Officer and the City Attorney, shall have the authority to debar a contractual party for the causes listed below from consideration for award of city contracts. The debarment shall be for a period of not fewer than three (3) years. The City Manager shall also have the authority to suspend a contractor from consideration for award of city contracts if there is probable cause for debarment. Pending the debarment determination, the authority to debar and suspend contractors shall be exercised in accordance with regulations which shall be issued by the Chief Procurement Officer after approval by the City Manager, the City Attorney, and the City Commission. (b) Causes for debarment or suspension include the following: 1. Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a public or private contract or subcontract, or incident to the performance of such contract or subcontract; 2. Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty; 3. Conviction under state or federal antitrust statutes arising out of the submission of bids or Responses; 4. Violation of contract provisions, which is regarded by the Chief Procurement Officer to be indicative of non -responsibility. Such violation may include failure without good cause to perform in accordance with the terms and conditions of a contract or to perform within the time limits provided in a contract, provided that failure to perform caused by acts beyond the control of a party shall not be considered a basis for debarment or suspension; 5. Debarment or suspension of the contractual party by any federal, state or other governmental entity; 6. False certification pursuant to paragraph (c) below; or 7. Any other cause judged by the City Manager to be so serious and compelling as to affect the responsibility of the contractual party performing city contracts. (c) Certification: All contracts for goods and services, sales, and leases by the City shall contain a certification that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations set forth above or debarred or suspended as set forth in paragraph (b) (5). The undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations set forth above, or debarred or suspended as set forth in paragraph (b) (5). Company name: Signature: Date: FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM MAY DISQUALIFY YOUR RESPONSE Section 6 26 City of Miami, Florida RFQ No. 03-04-136 6.6. STATEMENT OF COMPLIANCE WITH ORDINANCE NO. 10032 Proposer certifies that (s) he has read and understood the provisions of City of Miami Ordinance No. 10032 (Section 18-105 of the City Code) pertaining to the implementation of a "First Source Hiring Agreement." Proposer will complete and submit the following questions as part of the RFP, Violations of this Ordinance may be considered cause for annulment of a Contract between I` e Successful Proposer(s) and the City of Miami, A. Do you expect to create new positions in your company in the event your company was awarded a Contract by the City? Yes No 8. In the event your answer to Question "A" is yes, how many new positions would you create to perform this work? C. Please list below the title, rate of pay, summary of duties, number of positions, and expected length or duration of all new positions which might be created as a result of this award of a Contract. 1) 2) 3) 4) 5) 6) 7) 8) (Use additional sheets if necessary) PROPOSER NAME: SIGNATURE/TITLE: DATE: FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM MAY DISQUALIFY PROPOSAL. Section 6 27 • City of Miami, Florida RFQ No. 03-04-136 6.7 PROPOSERS QUALIFICATION STATEMENT INSTRUCTIONS: This questionnaire is to be included with your proposal. Do not leave any questions unanswered. When the question does not apply, write the word(s) "None", or "Not Applicable", as appropriate. Please print. C0MPANYNAME: COMPANY OFFICERS: President Vice President Secretary Treasurer COMPANY OWNERSHIP: of ownership % of ownership % of ownership % of ownership LICENSES: 1. County or Municipal Occupational License No. (attach copy with bid) 2. Occupational License Classification 3. Occupational License Expiration Date: 4.. Social Security or Federal I.D. No. EXPERIENCE: 6. Number of Years your organization has been in business: 7. Number of Years experience BIDDER/PROPOSER (person, principal of firm, owner) has had in operation of the type required by the specifications of the Bid or RFQ: 8. Number of Years experience BIDDER/PROPOSER (firm, corporation, proprietorship) has had in operation of the type required by the specifications of the Bid or RFQ: Section 6 28 • City of Miami, Florida RFQ No, 03-04-136 Proposers Qualification Statement (Page 2 of 2) 9. Experience Record: List references who may be contacted to ascertain information on past and/or present contracts, work, jobs, that BIDDER/PROPOSER has performed of a type similar to that required by specifications of the City's Bid or RFQ with whom you have done business with in the past three (3) years: FIRM NAME/ADDRESS DATE nF ,'OE DESCRIPTION OF JOS CONTACT PERSON: PHONE NO.: FIRM NAME/ADDRESS DATE OF JOB DESCRIPTION OF JOB CONTACT PERSON: PHONE NO.: FIRM NAME/ADDRESS DATE OF JOB DESCRIPTION OF JOB CONTACT PERSON: PHONE NO.: FIRM NAME/ADDRESS DATE OF JOB DESCRIPTION OF JOB CONTACT PERSON: PHONE NO.: FIRM NAME/ADDRESS DATE OF JOB DESCRIPTION OF JOB CONTACT PERSON: PHONE NO.: FIRM NAME/ADDRESS DATE OF JOB DESCRIPTION OF JOB CONTACT PERSON: PHONE NO.: FIRM NAME/ADDRESS DATE OF JOB DESCRIPTION OF JOB CONTACT PERSON: PHONE NO.: FAILURE TO FULLY COMPLETE, AND RETURN THIS FORM MAY DISQUALIFY YOUR PROPOSAL. Section 6 29 • City of Miami, Florida RFQ #03-04-136 6.8 MINORITY/WOMEN BUSINESS AFFAIRS REGISTRATION AFFIDAVIT Please Check One Box Only: [ ] Hispanic [ ] Female [ ] Black [ j Not Applicable If business is not 51 % minority/female owned, this affidavit does not apply. If not applicable, notarization is not required 1 (We), the undersigned agree to the following conditions: 1) that we meet the fifty-one percent (51%) ownership and management requirement for minority/women registration status and will abide by all of the policies and regulations governing the City of Miami Minority and Women Business Enterprise Procedures; 2) that if at any time information submitted by the undersigned applicant in his/her Bidder Application should prove to be false, inaccurate, or misleading, applicant's name will be struck from the City of Miami's Master Bidder list with no further consideration given to this applicant; 3) that the City of Miami maintains the right, through award of bid/contract, to revoke the award, should it be found that false, inaccurate or misleading information or a change in the original information have occurred; 4) to notify the City of Miami within thirty (30) days of any change in the firm's ownership, control, management or status as an ongoing minority/women business concern as indicated on the Bidder Application, and that the City of Miami, upon a finding to the contrary, may render a firm's registration with the City null and void and cease to include that firm in its registered list of minority and women -owned businesses; 5) that the City of Miami has a right to diligently verify all information submitted by applicant in his/her Bidder Application to monitor the status of the Minority/Women Business Enterprise, once registered; 6) that the City of Miami may share a firm's registration information concerning its.minority/women status and its capability with other municipal or state agencies for the sole purpose of accessing the firm to their procurement opportunities, unless otherwise specified by the firm in writing. 1 (We) certify under the penalties of perjury that the information contained in any and all application documents submitted to the City of Miami is correct as per Ordinance No. 10062 as amended. Firm Name: (If signing as a corporate officer, kindly affix corporate seal) (Name, Title & Date) (Name, Title & Date) This application must be signed by at least one general partner of a partnership or the proprietor of a sole proprietorship or all partners of a joint venture. STATE OF ) ) SS: COUNTY OF ) Date: That: NOTARIZATION personally appeared before me and acknowledged the foregoing instrument as his/her act and deed. That he/she has produced as identification. NOTARY PUBLIC: My Commission Expires: Section 6 30 • City of Miami; Florida RFQ #03-04-138 6.9 NO CONFLICT OF INTEREST, NON -COLLUSION CERTIFICATION Submitted this day of , 2004. The undersigned, as Bidder/Proposer, declares that the only persons interested in this BidlProposal are named herein; that no other person has any interest in this Bid/Proposal or in the Contract to which this BidlProposal pertains; that this BidlProposal is made without connection or arrangement with any other person; and that this Bid/Proposal is in every respect fair and made in good faith, without collusion or fraud. The Bidder/Proposer agrees if this Bid/Proposal is accepted, to execute an appropriate City of Miami document for the purpose of establishing a formal contractual relationship between the BidderlProposer and the City of Miami, Florida, for the performance of all requirements to which the BidlProposal pertains. The Bidder/Proposer states that this Bid/Proposal is based upon the documents identified by the following number: Bid/RFQ No. The full names and residences of persons and firms interested in the foregoing bid/proposal, as principals, are as follows: Name Street Address City State Zip The Bidder/Proposer further certifies that this Bid/Proposal complies with Section 4(c) of the Charter of the City of Miami, Florida, that, to the best of its knowledge and belief, no Commissioner, Mayor, or other officer or employee of the City of Miami, Florida, has an interest directly or indirectly in the profits or emoluments of the Contract, job, work or service to which the Bid/Proposal pertains. SIGNATURE PRINTED NAME TITLE Company Name Section 6 31 • • • City of Miami, Florida RFQ #03-04-136 SECTION 7 7.0 EVALUATION/SELECTION PROCESS and CONTRACT AWARD The procedure for response evaluation, selection and award is as follows: I. Request for Qualifications issued. 2. Receipt of responses, 3. Opening and listing of all responses received. 4. A Certification Committee consisting of industry professionals and City staff will review each submission for compliance with the submission requirements of the RFQ, including verifying that each submission includes all documents required. In addition, the Certification Committee will ascertain whether the provider is qualified to render the required services according to State regulations. 5. An Evacuation Committee, appointed by the City Manager, shall meet to evaluate each certified response in accordance with the requirements of this RFQ. The Committee shall determine, in consultation with the Planning & Zoning Director, the total number of firms to be selected and afforded the opportunity to negotiate an agreement. At the Committee's discretion, firms may be invited to make a presentation and submit to an interview with the Committee. EVALUATION CRITERIA — Proposals shall be evaluated based upon the following criteria and weight: CRITERIA PERCENTAGE Understanding of Program/Project Issues 25.0 Approach to the Program/Project 25.0 Qualifications of the Team, Program/Project Staffing 45.0 Local Preference (City of Miami) 2.5 Minority / Women Business Enterprise Participation 2_5 100.0 E. The Evaluation Committee shall forward their recommendation and ranking order of the RFQ responses that they believe to be in the best interest of the City to the City Manager. 7. After considering the recommendation(s) of the Evaluation Committee, the City Manager shall recommend to the City Commission (if required), in rank order, the response or responses which the City Manager deems to be in the best interest of the City. 8. The City Commission shall consider the City Managers and the Evaluation Committees recommendation(s) and, if appropriate and required, approve the City Manager's recommendation(s). The City Commission may also reject any or all responses. 9. If the City Commission approves the recommendations, the City will enter into negotiations with the selected Consultant(s) for a contract for the required services. Such negotiations may result in contracts for continuing services, groups of projects and/or individual projects, as deemed appropriate by City Manager. 11. The City Commission shall review and approve the negotiated Contract with the selected Consultant(s). 10. If not otherwise provided in the contract, individual assignments will be made according to the following process: a. The City will interview at least three (3) firms for individual or groups of projects as determined and packaged by the City. b. The highest ranked firm among the those interviewed firms will then be asked to prepare a Price Proposal and enter into subsequent negotiations with the City of Miami for these services. c. Should negotiations fail, the City of Miami will request a Price Proposal from the next highest ranked firm of the three or more interviewed. 32 • City of Miami, Flonda RFQ No. 03-04-136 d. Following successful negotiations with the selected consultant, the City of Miami will issue a Work Order Authorization and Purchase Order to commence services. Section 6 33