HomeMy Public PortalAbout20-9723 Architectural And Engineering Consulting ServicesSponsored by: City Manager
RESOLUTION NO.20-9723
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE
CITY MANAGER TO SOLICIT THROUGH A REQUEST
FOR QUALIFICATIONS (RFQ) ARCHITECTURAL AND
ENGINEERING CONSULTING SERVICES; TO
ESTABLISH A RENEWED LIBRARY OF QUALIFIED
CONSULTANTS FOR FUTURE PROJECTS ON AN AS
NEEDED BASIS FOR AN INITIAL TERM OF THREE (3)
YEARS, WITH ONE (1) THREE YEAR RENEWAL
OPTION; AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City of Opa-Locka ("City") has an ongoing need for architectural
and engineering services related to citywide infrastructure and construction projects;
and
WHEREAS, in accordance with Florida State Statute 287.055, the Consultants'
Competitive Negotiations Act ("CCNA"), Architectural and Engineering Consulting
Services need to be procured in a specified way; and
WHEREAS, the City Manager has requested that the City advertise on
DemandStar, and through other relevant means, Request for Qualifications -- RFQ
#2020-0202200 for said services as set forth in Exhibit "A" hereto; and
WHEREAS, the City is seeking to establish a renewed library of qualified
consultants for future projects on an as needed basis and for an initial term of three (3)
years, with one (1) three year renewal option; and
WHEREAS, it is the best interest of the City to procure Architectural and
Engineering Consulting Services at this time and to further pursue Continuing Services
Agreements with qualified vendors.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. Adoption of Representations. The above recitals are true and
correct and are incorporated into this Resolution by reference.
Resolution No. 20-9723
Section 2. Authorizing City Manager to Solicit Request for Qualifications.
The City Commission hereby authorizes the City Manager to solicit, through a
Request For Qualifications (RFQ), Architectural and Engineering Consulting
Services and to establish a renewed Library of qualified consultants for future
projects on an as needed basis for an initial term of three (3) years, with one (1)
three year renewal option.
Section 3. Effective Date.
This Resolution shall take effect immediately upon adoption by the City
Commission of the City of Opa-locka and approval by the State of Florida.
PASSED and ADOPTED this 8th day of January, 2020.
Matthew A. Pigatt, Mayor
ST:
a Flores, City Clerk
APPR E ► AS TO FORM AND
LE
IENCY:
nadette Norris- eeks, P.A.
Moved by: Commissioner Burke
Seconded by: Vice Mayor Davis
VOTE: 5-0
Commissioner Bass YES
Commissioner Burke YES
Commissioner Kelley YES
Vice -Mayor Davis YES
Mayor Pigatt YES
City of Opa-Locka
Agenda Cover Memo
RETEIVED
CITY OF OPA-LOCKA
OFFICE OF THE CITY CLERK
20I 9 DEC 23 P 3:
Department
Director:
Airia Austin
Department
Director Signature:
-•
._
�l;r
Finance Director:
FD Signature:
Department
City Manager:
John E. Pate
CM Signature:
4
Commission
Meeting Date:
01/8/2019
Item Type:
(EnterX in box)
Resolution
O ' ance
Other
X
�'
Fiscal Impact:
(EnterX in box)
Yes
No
Ordinance Reading:
(EnterX in box)
1st Reading
2nd Reading
X
Public Hearing:
(EnterX in box)
Yes
No
Yes
No
X
X
Funding Source:
Account# :
41-541340
(Enter Fund &
Dept)
Ex:
Advertising Requirement:
(Enter X in box)
Yes
No
X
Contract/P.O.
Required:
(EnterX in box)
Yes
No
RFP/RFQ/Bid#:
RFP #
Strategic Plan
Related
(Enter X in box)
Yes
No
Strategic Plan Priority
Enhance Organizational
Bus. & Economic
Public Safety
Quality of Education
Qual. of Life & City
Communication
Area:
Strategic Plan Obj./Strategy:
(list the specific objective/strategy this
item will address)
X
mi
Dev I —I
_.,!I
MI
Image m I
M
Sponsor Name
City Manager
Department:
City Manager
Short ride,
A Resolution of the City Commission of the City of Opa-Locka, Florida, authorizing the City Manager to
advertise a Request for Qualifications (RFQ) for General Civil Engineering and Professional
Consulting Services for the City of Opa-locka.
Staff "`Summary:
The purpose of this request is to initiate the Request for Qualifications (RFQ) for General Civil Engineering
and Professional Consulting Services for the City for ongoing and future capital projects to comply with the
State requirements.
Proposed Ammon:
Staff recommends approval of the item to prevent the City from losing State funding that is currently active to
complete Cairo Lane and NW 127th Street Projects
Attachment:
1. Agenda
2. RFQ Draft Document
EXHIBIT "A"
CITY OF OPA-LOCKA
RFP NO: 19-xxxxx
REQUEST FOR QUALIFICATIONS
GENERAL CIVIL ENGINEERING AND PROFESSIONAL
CONSULTING SERVICES
FOR
THE CITY OF OPA-LOCKA
City Of Opa-Locka 780 Fisherman Street, Opa-Locka, FL 33054
i
ADVERTISEMENT FOR REQUEST FOR PROPOSALS 1
1 SCOPE OF WORK 2
1.1 DESCRIPTION 2
1.2 QUALIFICATION STATEMENTS 3
1.3 KEY DATES 4
2 EVALUATION CRITERIA 5
2.1 EVALUATION PROCESS 5
2.2 CONTRACT AWARDS 6
2.3 INQUIRIES 6
2.4 ADDENDUM 6
2.5 CONTRACTUAL AGREEMENT 6
2.6 PUBLIC RECORDS 7
2.7 PUBLIC ENTITY CRIMES 7
3 PROPOSAL SUBMISSION 7
3.1 LATE PROPOSALS 7
3.2 ADDENDUM 7
3.3 OPENING OF PROPOSALS 7
3.4 CITY RIGHTS 8
4 BIDDING PROCEDURES AND PROTESTS 8
4.1 DEVELOPMENT COSTS 8
4.2 CODE OF ETHICS 8
4.3 CONE OF SILENCE 8
4.4 PROTESTS 9
4.5 GENERAL CONDITIONS 9
5 INSURANCE REQUIREMENTS 10
5.1 REQUIRED INSURANCE 10
5.2 LICENSES 11
6 BONDS 11
6.1 PERFORMANCE BOND 11
7 LEGAL LIABILITY 11
7.1 INDEMNIFICATION 11
7.2 RISK OF LOSS, DESTRUCTION, OR DAMAGE 12
7.3 NON -COLLUSION AFFIDAVIT 12
7.4 TERMINATION FOR CONVENIENCE 12
7.5 LITIGATION 12
FORMS AND ATTACHMENTS 13
ii
PROPOSER QUALIFICATIONS 14
CERTIFICATION REGARDING DEBARMENT, SUSPENSION 15
DRUG -FREE WORKPLACE CERTIFICATION FORM 17
NON -COLLUSION AFFIDAVIT 18
NON-DISCRIMINATION AFFIDAVIT 19
iii
CITY OF OPA-LOCKA
ADVERTISEMENT FOR REQUEST FOR PROPOSALS
RFP NO: 19-xmoom
GENERAL CIVIL ENGINEERING AND PROFESSIONAL
CONSULTING SERVICES
The City of Opa-Locks is soliciting proposals for the purpose of selecting a qualified firm to
provide civil engineering and professional consulting services on an as -needed basis.
Proposals will be received by the City of Opa-locks at:
Office of the City Clerk, 780 Fisherman, 4th Floor, Opa-locks, Florida 33054.
The Proposals (Bids) are due on XXX, XXX XX, 2020 by 1:00 p.m. Any proposals (bids) received
after the designated closing time will be returned unopened.
An original and six (6) copies a total of seven (7) plus 1 copy of the proposal on CD's in PDF
format shall be submitted all in sealed envelopes/packages addressed to Joanna Flores, CMC,
City Clerk, City of Opa-locks, Florida, and marked:
GENERAL CIVIL ENGINEERING AND PROFESSIONAL CONSULTING SERVICES
Bidders desiring information for use in preparing proposals may obtain a set of such documents
from the Clerk's Office, 780 Fisherman Street, 4th Floor, Opa-locka, Florida 33054, Telephone
(305) 953-2800 or copies of the RFP NO: 19-XXX requirements may also be obtained by visiting
the City's website at www.opalockafl.gov (click "RFQ/PROPOSALS" located on the right hand side
of the screen and follow the instructions).
A Mandatory Pre -Bid meeting will be held on XXX, XXX, 20XX at 10:30 am at 780 Fisherman
Street, Ste. 315, Opa-locka, FL 33054.
Joanna Flores, CMC,
City Clerk
Page 1
1 SCOPE OF WORK
The City of Opa-Locks is requesting proposals from professional civil engineering firms able to
provide a variety of engineering services required by the City as needed. The engineering
services desired include, but are not limited to preparation of plans, specifications and estimates
of costs for construction projects, detailed studies on specific items, conducting investigations,
preparation of reports, land surveying activities, construction inspection, and construction
contract administration.
1.1 DESCRIPTION
Civil engineering and consulting services to be provided may include:
1. Feasibility analysis
2. Cost estimation
3. Design, including site design
4. Permitting
S. Contract and construction management
6. Inspections
7. Testing
8. Other similar civil engineering work
9. Reviewing land development applications and their associated documents (such as site
plans or subdivision plats) to ensure compliance with the City's Land Development Code
and Florida Statutes
10. Meeting with elected officials and City staff to consult on issues and projects requiring
professional engineering analysis and evaluation. (weekly meetings with City staff)
11. Providing (using company staff or qualified subcontractors) land use planning, surveying,
geological and/or geo-technical services
12. Advising elected officials and City staff on such matters as may materially affect the City's
physical infrastructure and public assets (such as roads, drainage systems, and park
facilities)
Qualified firms and their personnel must possess the ability to communicate and work with
officials and staff of state, county, local and quasi -governmental agencies, including permitting
and regulatory authority staff and officials, while serving as a representative of the City of Opa-
Locka.
Page 2
1.2 QUALIFICATION STATEMENTS
All qualification statements submitted pursuant to the RFQ shall address, at a minimum, the
following:
1. A description of the firm's personnel who will be assigned to handle the engineering
needs of the City, including each individual's professional qualifications (education,
registrations and professional affiliations) and pertinent experience.
2. The ability to provide support in the following disciplines:
• Civil Engineering
• Structural Engineering
• Transportation/Traffic Engineering
• Electrical Engineering
• Land Surveying
• Environmental Engineering
• Architectural/Landscape Planning
3. The firm's past experience providing engineering services of the type required by the City
of Opa-Locka to other public sector clients.
4. The firm's ability to adhere to time and budget requirements and its past record of
meeting project deadlines.
5. The location of staffing and firm resources expected to be made available to serve the
City of Opa-Locka.
6. A demonstrated understanding by the firm of the City's geography and land use, and the
unique cultural environment that makes Opa-Locka what it is.
7. The firm's ability to research, apply for and obtain project funding (in the form of grants,
loans and legislative appropriations) and its success rate in performing such activities for
other clients.
8. The firm's ability to assist the City with preparing and submitting project documentation
(including reports and permits) required by local, state and federal regulatory agencies.
9. Whether the firm is a certified minority business as defined by the Florida Small and
Minority Business Assistance Act of 1985.
10. Evidence of valid state, county and local licenses and business tax receipts proving
authority to conduct business in the jurisdiction of the work.
11. An inclusive list of all current public agencies who are clients, as well as those who have
been clients of the firm within the past three (3) years, together with contact information
for each client (name and phone number of an individual familiar with the firm's work).
12. List of all sub -consultants, their qualifications, and their role in providing City services.
Page 3
13. Proof and amount of general liability insurance and professional liability insurance.
14. If a corporation, proof of current corporate status.
1.3 KEY DATES
RFQ Release date
XXX
Proposal Submission Date & Time
XXX
Proposals must be received by the office of:
Office of the City Clerk
780 Fisherman Street, 4th Floor
Opa-locks, Florida 33054
CONFIDENTIAL— DO NOT OPEN
Page 4
2 EVALUATION CRITERIA
2.1 EVALUATION PROCESS
The evaluation criteria are as follows:
CRITERIA
POINTS
Qualifications and Experience of Engineering Firm
• Qualifications and experience
• Availability of qualified personnel
• Quality control systems and procedures
• Past performance records
• References
25
Location considerations and how it impacts maintaining effective communication
between the City and Consultant
• Location of the team and proximity of key personnel
• Approach to maintaining good communication
25
Qualifications and Experience of the Individuals assigned as City's Main
Representative (s)
• Qualifications and experience
• Demonstrated environment for good communication
• Quality control procedures
20
Knowledge and Understanding of the City
• Understanding of City's governmental process
• Understanding of City's engineering/technical capability
• Understanding of City's special needs/unique environment
20
Scheduling
• Willingness to meet time and budget requirements
• Recent, current and projected workload of team
10
Page 5
2.2 CONTRACT AWARDS
The City anticipates entering into an Agreement with the Proposer who submits the proposal
judged by the City to be most advantageous. The Proposer understands that this RFQ does not
constitute an offer or an Agreement with the Proposer. An offer or Agreement shall not be
deemed to exist and is not binding until proposals are reviewed, accepted by appointed staff, the
best proposal has been identified, approved by the appropriate level of authority within the City
and executed by all parties. The City anticipates that the final Agreement will be in substantial
conformance with this sample Agreement; nevertheless, Proposers are advised that any
Agreement may result from the RFQ may deviate from the Sample Agreement. The City reserves
the right to reject all proposals, to abandon the project and/or to solicit and re -advertise for
other proposals.
2.3 INQUIRIES
The City Clerk will receive written requests for clarification concerning the meaning or
interpretations of the RFQ, until eight (8) days prior to the submittal date. City personnel are
authorized only to direct the attention of prospective Proposers to various portions of the RFQ
so that they may read and interpret such for themselves. No employee of the City is authorized
to interpret any portion of this RFQ or give information as to the requirements of the RFQ in
addition to what is contained in the written RFQ document.
2.4 ADDENDUM
The City may record its response to inquiries and any supplemental instructions in the form of
written addenda. The CITY may mail written addenda up to three (3) calendar days before the
date fixed for receiving the proposals. Proposers shall contact the City to ascertain whether any
addenda have been issued. Failure to do so could result in an unresponsive proposal. Any oral
explanation given before the RFQ opening will not be binding.
All Proposers are expected to carefully examine the proposal documents. Any ambiguities or
inconsistencies should be brought to the attention of the City through written communication
prior to the opening of the proposals.
2.5 CONTRACTUAL AGREEMENT
This RFQ and Consultant proposal shall be included and incorporated in the final award. The
order of contractual precedence will be the Contract or Agreement document, original Terms
and Conditions, and Proposer response. Any and all legal action necessary to enforce the award
will be held in the City of Opa-locka and the contractual obligations will be interpreted according
to the laws of Florida. Any additional contract or agreement requested for consideration by the
Proposer must be attached and enclosed as part of the proposal.
Page 6
2.6 PUBLIC RECORDS
Upon award recommendation or ten (10) days after opening, whichever occurs first, proposals
become "public records" and shall be subject to public disclosure consistent with Chapter 119
Florida Statutes. Proposers must invoke the exemptions to disclosure provided by law in the
response to the RFQ and must identify the data or other materials to be protected, and must
state the reasons why such exclusion from public disclosure is necessary. Document files may be
examined, during normal working hours.
2.7 PUBLIC ENTITY CRIMES
Award will not be made to any person or affiliate identified on the Department of Management
Services' "Convicted Vendor List". This list is defined as consisting of persons and affiliates who
are disqualified from public contracting and purchasing process because they have been found
guilty of a public entity crime. No public entity shall award any contract to, or transact any
business in excess of the threshold amount provided in Section 287.017 Florida Statutes for
Category Two (currently $25,000) with any person or affiliated on the "Convicted Vendor List"
for a period of thirty-six (36) months from the date that person or affiliate was placed on the
"Convicted Vendor List" unless that person or affiliate has been removed from the list. By signing
and submitting the RFP proposal forms, Proposer attests that they have not been placed on the
"Convicted Vendor List".
3 PROPOSAL SUBMISSION
3.1 LATE PROPOSALS
Proposals received after the Closing Time will not be accepted or considered. Delays caused by
any delivery, courier or mail service(s) will not be grounds for an extension of the Closing Time.
Firms submitting proposals are fully responsible for their delivery. Reliance upon mail or mail
carriers is at the firm's risk.
3.2 ADDENDUM
If the City determines that an amendment is required to this RFQ the City representative will
post a written addendum on the City Website at www.Opalockafl.gov (the "City Website") and
upon posting will be deemed to form part of this RFQ. No amendment of any kind to the RFQ is
effective unless it is posted in a formal written addendum on the City Website. Upon submitting
a Proposal, Proponents will be deemed to have received notice of all addenda that are posted on
the City Website.
3.3 OPENING OF PROPOSALS
The City intends to open Proposals in public.
Page 7
3.4 CITY RIGHTS
The City reserves the right to reject any or all proposals and to waive any informality in proposals
received. The City also reserves the right to reject proposals from companies who have
previously failed to perform properly or complete on time contracts for the City, or a proposal
where investigation shows that the proposing company is not in a position to successfully
perform the contract, in the judgment of the City.
The City reserves the right to reject a proposal, regardless of price and conditions, where the
proposed terms and/or conditions are deemed unacceptable to the City. This Request for
Qualifications does not commit the City to award a contract, to pay for any costs incurred in
preparation of a proposal, nor contract for services
4 BIDDING PROCEDURES AND PROTESTS
4.1 DEVELOPMENT COSTS
Neither the City nor its representatives shall be liable for any expenses incurred in connection
with preparation of a response to this Request for Qualifications. Proposers should prepare their
proposals simply and economically, providing a straightforward and concise description of the
Proposer's ability to meet the requirements of the RFQ.
4.2 CODE OF ETHICS
If any Proposer violates or is a party to a violation of the code of ethics of the City of Opa-Locks
or the State of Florida with respect to this proposal, such Proposer may be disqualified from
performing the work described in this proposal or from furnishing the goods or services for
which the proposal is submitted and shall be further disqualified from submitting any future
proposals for work, goods or services for the City of Opa-locka.
4.3 CONE OF SILENCE
Proposers are hereby advised that this RFQ is subject to the "Cone of Silence", in accordance
with Ordinance 98-106. From the time of advertising until the City Manager issues a
recommendation, there is a prohibition on communication with the City's professional staff. The
ordinance does not apply to oral communications at pre -proposal conference, public
presentations made to the City Commissioners during any duly, notices public meeting, or
communications in writing at any time with any city employee, official, or member of the City
Commissioners unless specifically prohibited herein. A copy of all written communications must
be filed with the City Clerk, at the address as listed in Section 1.4 herein. Among other penalties,
violation of these provisions by any particular bidder shall render any Bid ward to said bidder
voidable.
Page 8
4.4 PROTESTS
Protests of the plans, specifications, and other requirements of the request for qualifications
must be received in writing by the City Clerk's Office at least ten (10) working days prior to the
scheduled bid opening. A detailed explanation of the reason for the protest must be included.
Protests of the award or intended award of the contract must be in writing and received in the
City Clerk's Office within seven (7) working days of the notice of award. A detailed explanation of
the protest must be included.
4.5 GENERAL CONDITIONS
The City is under no obligation to accept any Proposal submitted. The City reserves the right in
its sole discretion to waive informalities in, or reject any or all Proposals, or to accept any
Proposal deemed most favorable in the interest of the City, or cancel the competition at any
time without award. Thereafter, the City may issue a new Invitation / Request, sole source or do
nothing.
This RFQ is not a tender and does not commit the City in any way to select a Preferred
Proponent, or to proceed to negotiations for a Contract, or to award any Contract, and the City
reserves the complete right to at any time reject all Proposals, and to terminate this RFQ
process.
Page 9
5 INSURANCE REQUIREMENTS
5.1 REQUIRED INSURANCE
General Liability
The Vendor (contractor) shall furnish, pay for, and maintain during the life of this contract, such
general liability insurance to protect the City, the Contractor, and any of his/her subcontractors
who may be performing any work under the terms and provisions of this contract from claims for
damages or bodily injury, including accidental death, as well as from claims for this contract
whether such operations as may be performed by the Vendor or by any sub -contractor or by any
other party directly or indirectly employed by either the Vendor or the sub -contractor.
The Vendor's insurance coverage shall include General Liability, Automobile Liability,
Professional Liability and Worker's Compensation and Employer's Liability. The General Liability
shall be the Comprehensive form including the categories of: Premises and Operations,
Underground and Collapse Hazard, Products and Completed Operations, Contractual,
Independent Vendors, Broad Form Property Damage, and Personal Injury in the minimum
amounts of $1,000,000 for combined Bodily Injury and Property Damage.
The Proposer's comprehensive general liability policy shall include contractual liability on a
blanket or specific basis to cover this indemnification. Such insurance shall be written by a
company licensed to do business in the State of Florida and satisfactory to the City. Prior to
commencing any work under the contract, certificates evidencing the maintenance of said
insurance shall be furnished to and approved by the City's Risk Manager.
The Certificate of Insurance shall show the City of Opa-locka as an additional insured party to the
Vendor, shall show that all sub -contractors or any other party directly or indirectly employed by
either the Vendor or the sub -contractor as additional insured party(s) and shall also show the
City of Opa-locks as the Certificate Holder. The Certificate Holder shall be notified a minimum of
30 days prior to any cancellation of policy which may occur prior to the policy expiration date
contained on the Certificate of Insurance.
The Worker's Compensation and Employer's Liability shall be in conformance with current State
of Florida Statutory requirements.
Business Automobile Liability
The Vendor shall maintain, for the life of the contract, Business Automobile Liability Insurance, if
applicable. The minimum limits of coverage shall be $1,000,000 per occurrence, Combined
Single Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an
"Any Auto" type policy. Coverage shall be no more restrictive than the latest edition of the
Business Automobile Policies of the Insurance Services Office (ISO).
Professional Liability
The Vendor shall procure and maintain for the life of this contract, Professional Liability
Insurance. This insurance shall provide coverage against such liability resulting from this
contract/project. The minimum limits of coverage shall be $1,000,000 per occurrence with
deductible or self -insured retention (SIR) indicated.
Page 10
The Vendor shall defend, indemnify, save and hold the City harmless from any and all claims,
suits, judgments, and liability for death, personal injury, bodily injury, or property damage arising
directly or indirectly from the performance by the Vendor, its employees, subcontractors, or
assigns, including legal fees, court costs, or other legal expenses. Vendor acknowledges that it is
solely responsible for complying with the terms of this RFP. In addition, the Vendor shall, at its
expense, secure and provide to City, prior to beginning performance under this RFP, insurance
coverage as required in this RFP.
Proof of Insurance
The contractor shall furnish the City with satisfactory proof of carriage of all insurance required
by this RFP. Any party providing services or products to the City will be expected to enter into a
written agreement, contract, or purchase order with the City that incorporates, either in writing
or by reference, all of the pertinent provisions relating to insurance and insurance requirements
as contained herein. A failure to do so may, at the sole option of the City, disqualify any bidder or
proposer of services and/or products to the City.
5.2 LICENSES
Proposers, both corporate and individual, must be fully licensed and certified in the State of
Florida at the time of RFP submittal. The proposal of any Proposer who is not fully licensed and
certified shall be rejected
6 BONDS
6.1 PERFORMANCE BOND
Prior to the execution of the contract, the successful bidder will be required to furnish a 100%
Performance Bond. Each bid must be accompanied by an officer signed surety from an approved
surety company that is licensed to conduct business in the State of Florida. The Consent of
Surety shall state that the surety company in question unconditionally agrees to furnish the
required performance bond for the full amount of the contact. Each Consent of Surety must
include the surety's most recent available financial statement. Failure to provide the required
Consent of Surety at the time of proposal submission shall preclude the bid from being
considered.
7 LEGAL LIABILITY
7.1 INDEMNIFICATION
The work performed by the vendor shall be at the risk of the vendor exclusively. To the fullest
extent permitted by law, the vendor shall indemnify, defend (at the vendor's sole expense) and
hold harmless the owner, joint ventures, representatives, members, designees, officers,
directors, employees, agents, successors and assigns ("indemnified parties") from and against
any and all claims for bodily injury, death or damage to property, demands, damages, actions,
Page 11
causes of actions, suits, losses, judgments, obligations and any liabilities, costs and expenses
(including but not limited to investigative and repair costs, attorney's fees and costs) ("claims")
which arise or are in any way connected with the work performed, materials furnished, or
services provided under this agreement by the vendor or its agents. These indemnity and
defense obligations shall apply to any acts or missions, negligent or willful misconduct of the
supplier, its employees, or agents, whether active or passive. The vendor shall not be obligated
to indemnify or defend the owner for claims found to be due to the sole negligence or willful
misconduct of the indemnified parties. The vendor's indemnification and defense obligations
hereunder shall extend to claims occurring after this agreement is terminated as well as while it
is in force, and shall continue until it is finally adjudicated and any and all actions against the
indemnified parties for such matter which are indemnified hereunder are fully and finally barred
by applicable laws.
7.2 RISK OF LOSS, DESTRUCTION, OR DAMAGE
The City will not be responsible for any theft, destruction of, or damage to equipment from any
cause, with the exception of negligence or willful acts by an employee(s) or agent(s) of the City.
7.3 NON -COLLUSION AFFIDAVIT
The vendor, in accordance with Miami -Dade County requirements, must sign an affidavit of non -
collusion which has been attached hereto. This document must be signed and returned with the
bid response.
7.4 TERMINATION FOR CONVENIENCE
A contract may be terminated in whole or in part by the City at any time and for any reason in
accordance with this clause whenever the City shall determine that such termination is in the
best interest of the City. Any such termination shall be effected by the delivery to the contractor
at least five (5) working days before the effective date of a Notice of Termination specifying the
extent to which performance shall be terminated and the date upon which termination becomes
effective. An equitable adjustment in the contract price shall be made for the completed service,
but no amount shall be allowed for anticipated profit on unperformed services.
7.5 LITIGATION
In addition to any other provision of this RFP, the City may, in its absolute discretion, reject a
Proposal if the Proponent, or any officer or director of the Proponent submitting the Proposal, is
or has been engaged directly or indirectly in a legal action against the City, its elected or
appointed officers, representatives or employees in relation to any matter. In determining
whether or not to reject a Proposal under this section, the City will consider whether the
litigation is likely to affect the Proponent's ability to work with the City, its consultants and
representatives and whether the City's experience with the Proponent indicates that there is a
risk the City will incur increased staff and legal costs in the administration of the Contract if it is
awarded to the Proponent.
Page 12
FORMS AND ATTACHMENTS
FAILURE TO COMPLETE AND RETURN THIS AND ALL FORMS MAY DEEM YOUR BID
NON -RESPONSIVE
Page 13
RFP NO: 19-XXX
PROPOSER QUALIFICATIONS
The Proposer, as a result of this proposal, MUST hold a County and/or Municipal Consultant's
Occupational License in the area of their fixed business location. The following information
MUST be completed and submitted with the proposal to be considered:
Legal Name and Address:
Name:
Address:
City, State, Zip: Phone/Fax:
2. Check One: Corporation ( ) Partnership ( ) Individual ( )
3. If Corporation, state:
Date of Incorporation:
State in which Incorporated:
4. If an out-of-state Corporation, currently authorized to do business in Florida, give date of
such authorization:
5. Name and Title of Principal Officers Date Elected:
6. The length of time in business: years
7. The length of time (continuous) in business as a service organization in Florida:
years
8. Provide a list of at least five commercial or government references that the bidder has
supplied service/commodities meeting the requirements of the City of Opa-locka specification,
during the last twenty-four months.
9. A copy of County and/or Municipal Occupational License(s)
Note: Information requested herein and submitted by the proposers will be analyzed by the City
of Opa-locks and will be a factor considered in awarding any resulting contract. The purpose is to
insure that the Consultants, in the sole opinion of the City of Opa-locks, can sufficiently and
efficiently perform all the required services in a timely and satisfactory manner as will be
required by the subject contract. If there are any terms and/or conditions that are in conflict, the
most stringent requirement shall apply.
Page 14
CITY OF OPA-LOCKA
CERTIFICATION REGARDING DEBARMENT, SUSPENSION
PROPOSED DEBARMENT AND OTHER MATTERS OF RESPONSIBILITY
1. The Proposer certifies, to the best of its knowledge and belief, that the Proposer and/or any of
its Principals:
A. Are not presently debarred, suspended, proposed for debarment, or declared ineligible for
the award of contracts by any Federal agency.
B. Have not, within a three-year period preceding this offer, been convicted of or had a civil
judgment rendered against them for: commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract
or subcontract; violation of Federal or state antitrust statutes relating to the submission of
offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, tax evasion, or receiving stolen property; and
C. Are not presently indicted for, or otherwise criminally or civilly charged by a governmental
entity with, commission of any of the offenses enumerated in paragraph 1-B of this provision.
2. The Proposer has not, within a three-year period preceding this offer, had one or more
contracts terminated for default by any City, State or Federal agency.
A. "Principals," for the purposes of this certification, means officers; directors; owners;
partners; and, persons having primary management or supervisory responsibilities within a
business entity (e.g., general manager; plant manager; head of a subsidiary, division, or
business segment, and similar positions). This Certification Concerns a Matter Within the
Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or
Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001,
Title 18, United States Code.
B. The Proposer shall provide immediate written notice to the Contracting Officer if, at any
time prior to contract award, the Proposer learns that its certification was erroneous when
submitted or has become erroneous by reason of changed circumstances.
C. A certification that any of the items in paragraph (a) of this provision exists will not
necessarily result in withholding of an award under this solicitation. However, the certification
will be considered in connection with a determination of the Proposer's responsibility. Failure
of the Proposer to furnish a certification or provide such additional information as requested
by the Contracting Officer may render the Proposer nonresponsive.
Page 15
D. Nothing contained in the foregoing shall be construed to require establishment of a system
of records in order to render, in good faith, the certification required by paragraph (a) of this
provision. The knowledge and information of a Proposer is not required to exceed that which
is normally possessed by a prudent person in the ordinary course of business dealings.
E. The certification in paragraph (a) of this provision is a material representation of fact upon
which reliance was placed when making award. If it is later determined that the Proposer
knowingly rendered an erroneous certification, in addition to other remedies available to the
Government, the Contracting Officer may terminate the contract resulting from this
solicitation for default.
AS THE PERSON AUTHORIZED TO SIGN THE STATEMENT, I CERTIFY THAT THIS CONSULTANT
COMPLIES FULLY WITH THE ABOVE REQUIREMENTS.
Signature
Printed Name
Page 16
CITY OF OPA-LOCKA
DRUG -FREE WORKPLACE CERTIFICATION FORM
Whenever two (2) or more bids/proposals, which are equal with respect to price, quality, and
service, are received by the CITY OF OPA-LOCKA for the procurement of commodities or
contractual services, a bid/proposal received from a business that certifies that it has
implemented a drug -free workplace program shall be given preference in the award process. In
order to have a drug -free workplace program, a business shall:
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession or use of controlled substances is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business's policy
of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees for
drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that are
under bid a copy of the statement specified in number (1).
4. In the statement specified in number (1), notify the employees that as a condition for
working on the commodities or contractual services that are under bid, the employee will
abide by the. terms of the statement and will notify the employer of any conviction on or plea
of guilty or no contest to any violation of Chapter 893, Florida Statutes or of any controlled
substance law of the United States or any singular state, for a violation occurring in the
workplace no later than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community by any employee who
is so convicted.
6. Make a good faith effort to continue to maintain a drug -free workplace through
implementation of Section 287.087, Florida Statutes.
This Certification is submitted by the
(Name)
of
(Title/Position) (Company)
who does hereby certify that said Company has implemented a drug -free workplace program,
which meets the requirements of Section 287.087, Florida Statutes, which are identified in
numbers (1) through (6) above.
Date Signature
Page 17
CITY OF OPA-LOCKA
NON -COLLUSION AFFIDAVIT
STATE OF FLORIDA - COUNTY OF MIAMI DADE
being first duly sworn, deposes and says that:
(1) He/She/They is/are the
(Owner, Partner, Officer, Representative or Agent) of
the PROPONENT that has submitted the
attached proposal;
(2) He/She/They is/are fully informed respecting the preparation and contents of the
attached Proposal and of all pertinent circumstances respecting such Proposal;
(3)
Such Proposal is genuine and is not a collusive or sham Proposal;
(4) Neither the said PROPONENT nor any of its officers, partners, owners, agents,
representatives, employees or parties in interest, including this affiant, have in any way
colluded, conspired, connived or agreed, directly or indirectly, with any other
PROPONENT, firm, or person to submit a collusive or sham Proposal in connection with
the Work for which the attached Proposal has been submitted; or to refrain from
Proposing in connection with such Work; or have in any manner, directly or indirectly,
sought by agreement or collusion, or communication, or conference with any
PROPONENT, firm, or person to fix any overhead, profit, or cost elements of the Proposal
or of any other PROPONENT, or to fix any overhead, profit, or cost elements of the
Proposed Price or the Proposed Price of any other PROPONENT, or to secure through any
collusion, conspiracy, connivance, or unlawful agreement any advantage against
(Recipient), or any person interested in the proposed Work;
(5)
The price or prices quoted in the attached Proposal are fair and proper and are not
tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of
the PROPONENT or any other of its agents, representatives, owners, employees or
parties of interest, including this affiant.
Signed, sealed and delivered in the presence of:
By:
Witness Signature
Witness Print Name and Title
Page 18
NON-DISCRIMINATION AFFIDAVIT
I, the undersigned, hereby duly sworn, depose and say that the organization, business or entity
represented herein shall not discriminate against any person in its operations, activities or
delivery of services under any agreement it enters into with the City of Opa-locka. The same shall
affirmatively comply with all applicable provisions of federal, state and local equal employment
laws and shall not engage in or commit any discriminatory practice against any person based on
race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or
mental disability, political affiliation or any other factor which cannot be lawfully used as a basis
for service delivery.
Sworn and subscribed before this
By:
Title:
day of , 20
Notary Public, State of Florida
(Printed Name)
My commission expires:
Page 19