HomeMy Public PortalAboutResolution No. 23-075 - Authorizing Interim Manager to Solicit through request for qualifications RFQ Architectual & engineering Consulting ServicesSponsored By: Interim City Manager
RESOLUTION NO. 23-075
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AUTHORIZING THE INTERIM 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; PROVIDING FOR INCORPORATION OF
RECITALS; 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, the City desires to issue a Request for Qualifications (RFQ) to obtain
various Architectural and Engineering Consulting Services within the City, including
Environmental Services, Geotechnical Services, Landscape Architecture, Planning and
Community Development, Public Facilities Architectural and Engineering Services,
Stormwater Management and Design Services, and Transportation Planning and
Engineering Services; and
WHEREAS, the City currently receives these services from a group of engineering
firms engaged under a prior RFQ. These contracts expire as of June 30, 2023; 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 Interim City Manager has requested that the City advertise on
DemandStar, and through other relevant means, a Request for Qualifications, attached 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, the City Commission desires to approve issuance of the Request for
Qualifications (RFQ), substantially in the same form attached hereto as Exhibit "A". The
RFQ shall be issued in a broad way to attract a wide range of potential bidders both
electronically and through the utilization of local publications, with the latter mode of
communication estimated to cost up to Three Thousand Dollars ($3,000.00); and
Resolution No. 23-075
Joai za Flores, City Clerk
WHEREAS, the City Commission finds it is in 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. The recitals to the preamble herein are incorporated by reference.
SECTION 2. AUTHORIZATION
The City Commission of the City of Opa-Locka hereby authorizes the Interim City
Manager to solicit, through a Request For Qualifications (RFQ) substantially in the same
form attached hereto as Exhibit "A", 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
and further authorizes the spending of up to Three Thousand Dollars ($3,000.00) for
advertising purposes, if deemed appropriate.
SECTION 3. SCRIVENER'S ERRORS
Sections of this Resolution may be renumbered or re -lettered and corrections of
typographical errors, which do not affect the intent of this Resolution may be authorized
by the Interim City Manager, following review by the City Attorney, without need of
public hearing, by filing a corrected copy of same with the City Clerk.
SECTION 4. EFFECTIVE DATE
This Resolution shall take effect upon the adoption and is subject to the approval of the
Governor or Governor's Designee.
PASSED and ADOPTED this 24th day of May, 20
EST:
John Taylo ., Mayor
2
Resolution No. 23-075
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
Burnadette Norris -Weeks, P.A.
City Attorney
Moved by: Commissioner Kelley
Seconded by: Commissioner Williams
VOTE: 5-0
Commissioner Bass YES
Commissioner Kelley YES
Commissioner Williams YES
Vice Mayor Ervin YES
Mayor Taylor YES
3
City of Opa-locka
Agenda Cover Memo
City
Manager:
Darvin Williams
CM Signature:
Daaaua Weal:40 4
Commission
Meeting
Date:
05.24.2023
Item Type:
(EnterX in box)
Resolution
Ordinance
Other
X
Fiscal
Impact:
(Enter X in box)
Yes
No
Ordinance Reading.
(EnterX in box)
1St Reading
2nd Reading
X
Public Hearing:
(Enter X in box)
Yes
No
Yes
No
X
Funding
Source:
Account# :
(Enter Fund & Dept)
Ex:
See Financial
Impact Section
Advertising Requirement:
(Enter X in box)
Yes
No
X
Contract/P.O.
Required:
(Enter X in box)
Yes
No
RFP/RFQ/Bid#:
X
Strategic
Plan Related
(Enter X in box)
Yes
No
Strategic Plan Priority
Enhance Organizational
Bus. & Economic Dev
Public Safety
Quality of Education
Qual. of Life & City Image
Communication
Area:
•
Strategic Plan Obj./Strategy:
(fist the specific objective/strategy this
item will address)
X
NI
MI
I.
•
Sponsor
Name
City Manager
Department:
City Manager
Short Title:
A resolution authorizing the Interim City Manager to issue an RFQ for Professional Engineering Services.
Staff Summary:
The City of Opa-locka would like to request proposals from qualified respondents to provide Professional
Architectural and Engineering Consulting Services (CCNA) on behalf of the city. The services include but are
not limited to: Environmental Services, Geotechnical Services, Landscape Architecture, Planning and
Community Development, Public Facilities Architectural and Engineering Services, Stormwater Management
and Design Services, and Transportation Planning and Engineering Services. The City currently receives these
services from a group of engineering firms engaged under a prior RFQ, but these contracts expire as of June
30, 2023.
Financial Impact — To ensure the proposed RFQ gets the broadest possible distribution, it will be advertised
both electronically and in various publications. This advertising may cost up to $3,000, and there is a budget
in the Non -Department Division for this purpose.
Proposed Action:
Staff recommends the City Commission approve the legislation authorizing the Interim City Manager to issue
an RFQ to obtain qualified consultants to perform Professional Architectural and Engineering Consulting
Services (CCNA).
Attachment:
CITY OF OPA-LOCKA
The city of
bright opportunities
REQUEST FOR QUALIFICATION
RFQ 23-XXXXXX
PROFESSIONAL ARCHITECTURAL
& ENGINEERING SERVICES
City of Opa-locka 780 Fisherman Street, Opa-locka, FL 33054
Table of Contents
PUBLIC NOTICE 1
1 INFORMATION FOR THE PROPOSERS 3
1.1 INTRODUCTION / GENERAL BACKGROUND 3
1.2 SCHEDULE OF EVENTS 4
1.3 CONE OF SILENCE 4
1.4 ADDENDA 6
1.5 CERTIFICATION 6
1.6 ECONOMY OF PREPARATION 6
1.7 INTERVIEWS 6
1.8 STATEMENTS OF QUALIFICATIONS BINDING 6
1.9 PUBLIC RECORDS 6
1.10 PROPOSAL DISCLOSURE 6
1.11 PROPOSAL WITHDRAWAL 6
1.12 RETENTION OF RESPONSES 7
1.13 REQUESTS FOR INFORMATION / CLARIFICATION 7
1.14 IRREGULARITIES & RESERVATION OF RIGHTS 7
1.15 RESPONSE /PRESENTATION COSTS 7
1.16 LATE SUBMISSIONS 7
1.17 COMPLETENESS 8
1.18 PERMITS, TAXES, LICENSES 8
1.19 LAWS AND ORDINANCES 8
1.20 TERMS OF ENGAGEMENT 8
1.21 PROPOSAL PRICING -NOT TO BE INCLUDED 8
1.22 RESPONSE /PRESENTATION COSTS 8
2 SCOPE OF WORK AND SERVICES NEEDED BY THE CITY 9
2.1 SCOPE OF WORK 9
2.2 SERVICES 9
2.3 DESCRIPTION OF DISCIPLINES 10
3 RESPONSE SUBMISSION REQUIREMENTS AND EVALUATION 12
3.1 GENERAL RESPONSE INSTRUCTIONS & SUBMITTAL DEADLINE 12
3.2 RESPONSE/STATEMENT OF QUALIFICATIONS REQUIREMENTS 12
3.3 REQUIREMENTS 12
3.4 RESPONSE EVALUATION CRITERIA 15
3.5 SELECTION PROCESS 19
4 CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS
UNDER FEDERAL AWARDS 20
5 FORMS, AFFIDAVITS, AND EXHIBITS 33
FORM 1- RESPONSE CHECKLIST 34
ii
FORM 2 - COMPANY QUALIFICATIONS QUESTIONNAIRE 35
FORM 3A - CERTIFICATE OF AUTHORITY 38
FORM 3B - CERTIFICATE OF AUTHORITY 39
FORM 4 - ACKNOWLEDGEMENT OF ADDENDA 39
FORM 5 - SINGLE EXECUTION AFFIDAVIT 41
FORM 6 - CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES ON FEDERAL -AID CONTRACTS
50
FORM 7 - DISPUTE DISCLOSURE 51
FORM 8 - KEY STAFF & PROPOSED SUBCONTRACTORS KEY STAFF 52
FORM 9 - REFERENCES 54
FORM 10 - E -VERIFY AFFIDAVIT 57
FORM 11- IRS FORM W-9 58
EXHIBIT A - FORM OF CONTINUING PROFESSIONAL SERVICES AGREEMENT 59
EXHIBIT B - MAP OF THE CITY OF OPA-LOCKA 61
iii
The city of
bright opportunities
PUBLIC NOTICE
RFQ Name: Professional Architectural & Engineering Services
RFQ No.: 23-XXXXXX
Pre -Bid Meeting Conference: OPTIONAL, 10:30 AM(EST) via Teams and on site at:
CITY OF OPA-LOCKA 780 Fisherman Street, 4th Floor,
Opa-Locka, FL 33054
Response Deadline: Date and Time: 2:30 PM(EST)
Pursuant to Florida Statutes §287.055, the Firms' Competitive Negotiation Act ("CCNA"), the
City of Opa-locka ("City") has issued a Request for Qualifications ("RFQ") to interested and
qualified architectural and engineering firms to receive sealed qualifications packages
("Responses" or "Statements of Qualifications") for selection to provide continuing professional
architecture and/or engineering services to the City. Qualified architecture and engineering firms
are invited to submit Statements of Qualifications in response to the RFQ. The City intends to
pre -qualify additional Firms and retain one or more firms qualified under separate continuing
services agreements for general professional architectural and engineering services within the
City. No minimum amount of such professional services or compensation will be assured to any
of the firms so retained, and the City shall not be prevented in any manner from retaining other
firms in its sole discretion to perform any such work.
Sealed Proposals for Professional Architectural and Engineering Services will be received by the
City of Opa-locka Clerk's office. Submissions must be received by the City no later than 2:30
PM(EST) TBA, 2023. Any Response received after the time and date first mentioned above,
whether by mail or otherwise, will be returned unopened. Respondents are responsible for
ensuring that their Proposal is received in the Clerk' s Office by the deadline. The address to
submit sealed proposals is listed below:
CITY OF OPA-LOCKA
Office of the City Clerk
780 Fisherman Street, 4th Floor.
Opa-locka, Florida 33054
In addition, the City will accept electronic submitted proposals via www.demandstar.com (e -bid).
An original version of the proposal shall be uploaded into DemandStar and marked "Response
to City of Opa-locka RFQ 23-XXXXXX for Continuing Professional Architectural and
Engineering Services."
Interested firms may obtain the full RFQ through DemandStar portal (www.demandstar.com). If
firms elect to use DemandStar, it is strongly encouraged to register with the website to receive
notifications pertaining to this solicitation. All notices and any addenda issued by the City with
respect to the RFQ will be made available through the DemandStar portal. It is the firm's sole
Page 1
responsibility to ensure receipt of any issued notice or addenda relating to this RFQ once posted
to DemandStar.
An OPTIONAL pre -bid meeting for interested firms will be held ON SITE and via Teams
Meeting on TBA at 9:30 AM (EST).
TBA
Pursuant to subsection (t) "Cone of Silence" of Section 2-11.1 "Conflict of Interest and
Code of Ethics Ordinance" of Miami -Dade County, public notice is hereby given that a
"Cone of Silence" is imposed concerning this solicitation. The "Cone of Silence" prohibits
communications concerning RFQ's, RFQ's or Bids, until such time as a written
recommendation is presented to the City Manager, the Mayor and Commissioners' Board
concerning the transaction. Procedures regarding the Cone of Silence can be found in the
Request for Qualifications documents.
All questions or requests for information or clarification pertaining to this RFQ must be made
in writing via email.
The City's point of contacts for this RFQ:
City Clerk
Joanna Flores
780 Fisherman Street
Fourth Floor
Opa-Locka, FL 33054
Phone: (305) 688-4611
jflores@Opalockafl.gov
Procurement Officer
Jay Bergel
780 Fisherman Street
Opa-Locka, Florida 33054
jbergel@opalockafl.gov
Page 2
1 INFORMATION FOR THE PROPOSERS
1.1 INTRODUCTION / GENERAL BACKGROUND
Pursuant to Florida Statutes §287.055, the Firms' Competitive Negotiation Act ("CCNA"), as may
be amended, which governs the acquisition of professional engineering, landscape, architectural,
and surveying and mapping services, the City of Opa-locka (the "City"), a municipality located
in Miami- Dade County, Florida, hereby requests qualifications for the selection of one or more
firms (collectively, the "Firm").
The City intends to pre -qualify additional Firms and retain one or more firms qualified under
separate continuing services agreements for general professional architectural and engineering
services within the City. No minimum amount of such professional services or compensation will
be assured to any of the firms so retained, and the City shall not be prevented in any manner from
retaining other firms in its sole discretion to perform any such work.
Florida law requires the City to make a determination of a respondent' s qualifications to perform
the Services prior to engagement. The information used in this request for qualifications ("RFQ")
will be used by the City to make its determination.
As provided in the CCNA, the selected firm(s) will be retained under a continuing contract and
shall be required to provide services on an on -going, as -needed basis, on various projects and
assignments. These services shall include, but shall not be limited to, those specified contemplated
in this RFQ as identified in this Section 1.1 and described further in Section 2.
The retained Firm(s) shall demonstrate specific experience and capabilities and must have
personnel qualified through education and experience in the specified disciplines. Firms should
provide in-house capability for all the required services, but subcontracting for specialty services
will be considered. The qualifications and selection of Firms shall be in accordance with the
CCNA. Firms must be currently licensed to practice in the State of Florida.
Page 3
1.2 SCHEDULE OF EVENTS
The following schedule shall govern this RFQ. The City reserves the right to change the scheduled
dates and times at its sole discretion.
No.
Event
Date
Time
(EST)
1
Advertisement/ Distribution of RFQ (Cone of Silence
Begins)
TBD
2
Pre -Bid Meeting
TBD
3
Closing Date for Proposer Questions
TBD
4
City's Answers to Questions by Proposers
TBD
5
Proposals Due & Opened (via virtual meeting on Teams —
City will provide instructions for access) and Onsite.
TBD
6
City Staff Member' s Review of Proposals for
Responsiveness
TBD
7-A
Evaluation Committee Meeting
TBD
7-B
Presentations by Firms (if requested)
8
City Manager Issues Recommendation to Commissioners
TBD
9
Commission Meeting to Select Firm(s) and Authorize
Negotiations
TBD
10
Negotiations
TBD
As needed
11
Commission Meeting to Approve Negotiated
Agreement(s)
TBD
1.3 CONE OF SILENCE
Notwithstanding any other provision in this RFQ, the provisions of Section 2-11.1 Conflict of
Interest and Code of Ethics Ordinance, as set forth in subsection (t) "Cone of Silence," of the
Miami -Dade County Code are applicable to this RFQ.
The Cone of Silence shall be imposed on this RFQ upon its advertisement. The Cone of Silence
prohibits the following activities:
1.3.1 Any communication regarding this RFQ between a potential Firm, service provider,
Respondent, lobbyist or Firm and the City's professional staff.
1.3.2 Any communication regarding this RFQ between the Mayor, Commission members and any
member of the Mayor and Commission's professional staff.
1.3.3 Any communication regarding this RFQ between a potential Firm, service provider,
Respondent, lobbyist or Firm and any member of a selection committee.
Page 4
1.3.4 Any communication regarding this RFQ between the Mayor, Commission members, and any
member of the selection committee.
1.3.5 Any communication regarding this RFQ between any member of the City's professional staff
and any member of the selection committee; and
1.3.6 Any communication regarding this RFQ between a potential Firm, service provider,
Respondent, lobbyist or Firm and the Mayor or Commission.
Pursuant to Section 2-11.1(t)(1)(a)(ii), the Cone of Silence shall terminate at the time the Manager
makes his/her written recommendation to the City Commission. However, if the City
Commission refers the Manager's recommendation back to the Manager or staff for further
review, the Cone of Silence shall be re -imposed until such time as the Manager makes a
subsequent written recommendation.
The Cone of Silence shall not apply to:
1. Oral communications at pre -bid conferences.
2. Oral presentations before selection of evaluation committees.
3. Public presentations made to the City Commission during any duly noticed public meeting.
4. Written communications regarding a particular RFQ, RFQ, or bid between a potential Firm,
service provider, Respondent, bidder, lobbyist or Firm and the City's Purchasing Agent or
City employee designated responsible for administering the procurement process of such
RFQ, RFQ, or bid, provided the communication is limited strictly to matters of process or
procedure already contained in the corresponding solicitation document.
5. Communications with the City Attorney and his or her staff.
6. Duly noticed site visits to determine the competency of bidders/Respondents regarding a
particular bid/proposal during the time period between the opening of bids and the time the
City Manager makes his or her written recommendation.
7. Any emergency procurement of goods or services pursuant to City Code.
8. Responses to the City's request for clarification or additional information pursuant to this
RFQ.
9. Contract negotiations during any duly noticed public meeting.
10. Communications to enable City staff to seek and obtain industry comment or perform market
research, provided all communications related thereto between a potential Finn, service
provider, Respondent, bidder, lobbyist, or Firm and any member of the City's professional
staff including, but not limited to, the City Manager and his or her staff are in writing or are
made at a duly noticed public meeting.
Violation of the Cone of Silence by a particular bidder or Respondent shall render the RFQ award
or bid award to said bidder or Respondent voidable by the City Commission and/or City Manager.
Please contact the City Clerk for any questions regarding Cone of Silence compliance.
Page 5
1.4 ADDENDA
If the City finds it necessary to add to, or amend this RFQ prior to the Response submittal
deadline, the City will issue written addenda/addendum.
1.5 CERTIFICATION
By submitting a response to this RFQ, the signer of the Response declares that the person(s),
firm(s) and parties identified in the Response are interested in and available for providing the
Services; that the Response is made without collusion with any other person(s), firm(s) and
parties; that the Response is fair in all respects and is made in good faith without fraud; and that
the signer of the cover letter of the Response has full authority to bind the person(s), firm(s) and
parties identified in the Response. By submitting a proposal, the Firm shall certify that it has fully
read and understood this RFQ and the proposal method and has full knowledge of the scope,
nature, and quality of work to be performed.
1.6 ECONOMY OF PREPARATION
Statements of Qualifications should be prepared simply and economically, providing a
straightforward, concise description of the Proposer's ability to fulfill the requirements of the
RFQ.
1.7 INTERVIEWS
The City reserves the right to shortlist Firms and conduct personal interviews or require
presentations by any or all Firms prior to ranking, or at any time during the evaluation process,
or at the Commission Meeting where selection and award is made.
1.8 STATEMENTS OF QUALIFICATIONS BINDING
All Statements of Qualifications submitted shall be binding for three hundred sixty-five (365)
calendar days following opening.
1.9 PUBLIC RECORDS
Florida law provides that municipal records should be open for inspection by any person under
Chapter 119, F.S. Public Records law. All information and materials received by the City in
connection with responses shall become property of the City and shall be deemed to be public
records subject to public inspection.
1.10 PROPOSAL DISCLOSURE
Upon opening, proposals become "public records" and shall be subject to public disclosure
consistent with Chapter 119, Florida Statutes, to the extent applicable. Proposers are required to
identify specifically any information contained in their Statements of Qualifications which they
consider confidential and/or proprietary and which they believe to be exempt from disclosure,
citing specifically the applicable exempting law. All Statements of Qualifications received from
Proposers in response to this RFQ will become the property of the Town and will not be returned
to the Proposers. In the event of a contract award, all documentation produced as part of the
contract will become the exclusive property of the City.
1.11 PROPOSAL WITHDRAWAL
Firms may withdraw their proposals by notifying the City Clerk in writing at any time prior to
the scheduled opening. Firms may withdraw their proposals in person or through an authorized
representative. Finns and authorized representatives must disclose their identity and provide
Page 6
written receipt for the returned proposals. Proposals, once opened, become the property of the
City, and will not be returned to the firms.
1.12 RETENTION OF RESPONSES
The City reserves the right to retain all Responses submitted and use any ideas contained in any
Response, regardless of whether that Firm is selected.
1.13 REQUESTS FOR INFORMATION / CLARIFICATION
The City, independently or upon request, may furnish additional information related to this RFQ
to clarify any provision contained herein and/or to facilitate proposals. The City has made efforts
to provide accurate and complete information in this RFQ. The City shall not be penalized in any
way for the lack of any information deemed necessary by any responding firm. The accuracy of
this data is not guaranteed. It is the sole responsibility of responding firms to assure that they
have all the information necessary for submission of their proposals. All questions or requests for
information or clarification pertaining to this RFQ must be made in writing via email to Jay
Bergel, Procurement Officer, jbergel@opalockafl.gov.
1.14 IRREGULARITIES & RESERVATION OF RIGHTS
Proposals will be selected at the sole discretion of the City. The City reserves the right to waive
any irregularities in the request process, to reject any or all proposals, reject a proposal which is
in any way incomplete or irregular, re -bid the entire solicitation or enter into agreements with
more than one respondent. Proposals received after the deadline provided in this RFQ will not be
considered.
The City reserves the right to award one or more contract(s) to the Firm who will best serve the
interests of the City and whose Responses are considered by the City to be the most qualified.
Notwithstanding, the City may, at its sole discretion, reject all responses and cancel the
solicitation, in which case no award will be made.
The City reserves the right to accept or reject any or all Responses, based upon its deliberations
and opinions. In making such determination, the City reserves the right to investigate the financial
capability, integrity, experience, and quality of performance of each Firm, including officers,
principals, senior management and supervisors, as well as the staff identified in the Response.
Firms shall furnish additional information as the City may require. This includes information that
indicates financial resources as well as ability to provide the requisite services. The City reserves
the right to conduct investigations into the qualifications of the firm as it deems appropriate,
including but not limited to background investigations and checking references.
1.15 RESPONSE /PRESENTATION COSTS
The City shall not be liable for any costs, fees, or expenses incurred by any Firm in responding
to this RFQ, nor subsequent inquiries or presentations relating to its Response.
1.16 LATE SUBMISSIONS
Statements of Qualifications received by the City after the time specified for receipt will not be
considered. They will be marked "LATE" and returned unopened. Statements of Qualifications
received after the closing time and date, for any reason whatsoever, will not be considered. Any
disputes regarding timely receipt of Statements of Qualifications shall be decided in the favor of
the City. Proposers shall assume full responsibility for timely delivery at the location designated
Page 7
for receipt of Statements of Qualifications. The City shall not be responsible for Statements of
Qualifications received after the submittal deadline and encourages early submittal.
1.17 COMPLETENESS
All information required by this RFQ must be supplied to constitute an acceptable and complete
proposal.
1.18 PERMITS, TAXES, LICENSES
The Firm shall, at its own expense, obtain all necessary permits, pay all licenses, fees, and taxes
required to comply with all local ordinances, state and federal laws, rules, regulations, and
professional standards that would apply to this contract.
1.19 LAWS AND ORDINANCES
The Firm shall observe and comply with all federal, state, and local laws, including ordinances,
rules, regulations, and professional standards that would apply to the contract.
1.20 TERMS OF ENGAGEMENT
Terms of the agreement are to be negotiated upon selection of Contractor. The contract shall be
for a three (3) year period, with up to two (2) one-year option terms.
1.21 PROPOSAL PRICING —NOT TO BE INCLUDED
Firms submitting Statements of Qualifications shall not submit pricing with their Statements of
Qualifications. The City may request, accept, and consider proposals for the compensation to be
paid under the continuing contract only during the competitive negotiations phase of the RFQ.
1.22 RESPONSE /PRESENTATION COSTS
The City shall not be liable for any costs, fees, or expenses incurred by any Firm in responding
to this RFQ, nor subsequent inquiries or presentations relating to its Response.
END OF SECTION 1
Page 8
2 SCOPE OF WORK AND SERVICES NEEDED BY THE CITY
2.1 SCOPE OF WORK
The firm will provide professional architectural and engineering services, as directed by the City
of Opa-locka for projects and tasks that may be required from time to time by the City.
2.1.1 Firms may submit a proposal with qualifications for one or multiple disciplines to receive a
continuing contract to provide professional services to the City of Opa-Locka in their qualified
field(s) as selected by the City.
2.1.2 The Firm needs to be familiar with previous work performed for the City and/or any other
government agency to conform to and comply with applicable codes, laws, ordinances,
regulations and restrictions, guidelines, standards, procedures, and directives.
2.1.3 It is anticipated that the City may select more than one Firm to award an Architecture and
Engineering continuing services contract for each discipline. The City reserves the sole right to
select more than one Firm it deems in its best interests.
2.1.4 The City may elect to have the selected firm(s) provide all of these services, some of the
services, or none of these services. The selected firm(s) is/are not guaranteed any work by the
City under this solicitation.
2.1.5 Firms shall provide all necessary labor, materials, equipment, reports, and expertise required to
provide the Services. The City, on an as needed basis, will periodically issue work orders for
specific projects and assignments to the retained Firm(s).
2.1.6 The City may elect to have the Firm(s) provide design criteria documents if the City decides to
implement a project by the design/build approach. The Firm's representative shall develop plans
with the City in a version acceptable to the City.
2.1.7 Each Category will be evaluated individually based on experience and expertise. The City
reserves the right to engage in a contract with one or multiple companies based on the
discipline or category reference on Section 2.10
2.2 SERVICES
The Firm can expect to provide services, including but not limited to the tasks identified herein,
which shall collectively be referred to as the "Services":
1. Environmental Services
2. Geotechnical Services
3. Landscape Architecture
4. Planning and Community Development
5. Public Facilities Architectural and Engineering Services
6. Stormwater Management and Design Services
7. Transportation Planning and Engineering Services
Page 9
2.3
DESCRIPTION OF DISCIPLINES
1. Environmental Engineering, services may include but are not limited to:
• Ecological
• Wetland Delineation
• Endangered/Protected Species Surveys
• Wetland Mitigation Plans
• Environmental Site Assessment and Remediation
• Environmental Permitting
• Environmental Risk Analysis
2. Geotechnical Services, services may include but are not limited to:
• Seasonal High Groundwater Determinations
• Soil Investigations
• Soils/Geological Studies
• Roadway Pavement Structural Evaluation and Design
3. Landscape Architecture, services may include but are not limited to:
• Design of public parks, roadway areas, and public spaces including landscape, hardscape,
and irrigation systems.
• Development of graphic representations and marketing of proposed plans
4. Planning and Community Development, services may include but are not limited to:
• Comprehensive Development Code/Land Development Regulations
• Comprehensive Planning, Preparation, Evaluation, and Implementation
• Park and Greenway Planning and Design
• Recreation Master Planning
• Public Involvement and Consensus Building
• Architectural Renderings
• Market Research; Demographics/Socio-Economic
• General Planning Services
Page 10
5. Public Facilities Architectural and Engineering Services, provide services relating to
building construction projects of limited scope, and/or projects involving facility renovation,
repair, and maintenance. Anticipated services include, but are not limited to:
• Design -Build Projects
• Project Cost Estimating, Cost Engineering, Forecasting
• Space Need Analysis
• Feasibility Studies, Conceptual Plans and Schematic Designs
• Design and Construction Documents
• Cost Estimating
• Envelope Analysis
• Interior Design Services
• Coating/Paints/Primers Specifications
• Scope Development
• Assessment and Architectural Plans for Historical Properties Renovation/Rehabilitation
and Maintenance
6. Stormwater Management and Design Services, services may include but are not limited
to:
• Stormwater Conveyance/Drainage Improvement Design
• Hydraulic Modeling
• Flood and Erosion Control
• Feasibility Analysis for Stormwater Projects
• Water Quality Modeling and Analysis
• Flood Plain/Watershed Modeling and Analysis
• Regulatory Compliance/Permitting
• TMDL Implementation
• Rate modeling and forecasting
• Preparation of grant applications
• Stormwater Retrofit
• Construction Engineering Inspection (RPR)/Administration
7. Transportation Planning and Engineering Services, services may include but are not
limited to:
• Roadway Design
• Transportation Stormwater Drainage Design
• Pedestrian Sidewalk/Multi-Use Trail Design
• Roadway Resurfacing Design
• Traffic Calming Design
• Complete Neighborhood Design
Page 11
3 RESPONSE SUBMISSION REQUIREMENTS AND EVALUATION
3.1 GENERAL RESPONSE INSTRUCTIONS & SUBMITTAL DEADLINE
One (1) signed Letter of Intent shall be submitted electronically via DemandStar clearly marked
"Response to City of Opa-locka RFQ 23-XXXXXX."
All responses must be received by TBA at 2:30 PM via Demandstar E -bidding upload and
or seal delivered bid proposal (7) copies at the CITY OF OPA-LOCKA Office of the City
Clerk 780 Fisherman Street, 4th Floor Opa-locka, Florida 33054. All responses must be
received by the due date and time. Responses received after the due date and time will not
be considered.
All Statements of Qualifications received will be publicly read during a virtual meeting, on the
date and at the time specified in the Schedule of Events set forth in Section 1.2, above. All
Statements of Qualifications received after that time shall be returned, unopened.
3.2 RESPONSE/STATEMENT OF QUALIFICATIONS REQUIREMENTS
Firms interested in performing these professional services must display considerable relevant
experience with the above -referenced type of work and should emphasize both the experience
and capability of personnel who will actually perform the work.
To ensure a uniform review process and to obtain the maximum degree of comparability, it is
required that the Statements of Qualifications be organized in the manner specified. Failure to do
so may deem the submitted Statements of Qualifications non -responsive. The following
information and documents, as well as the manner and order same are presented, are required for
the Statements of Qualifications. Failure to provide the information as requested may cause the
State of Qualifications to be deemed nonresponsive.
In addition to other requirements stated in this RFQ, to be eligible to respond, the Firm shall submit
a response that includes all the following information, appropriately tabbed, in this exact order
("Response"):
3.3 REQUIREMENTS
Finns must meet the following requirements:
3.3.1 Requirements of this Request for Qualifications (RFQ).
3.3.2 It is preferable that each Firm has experience providing services for municipal, county, or other
similar governmental agencies.
3.3.3 Firms must be authorized to do business in the State of Florida and must possess professional
service registrations in accordance with applicable statutes, regulations, and rules. Firms must
be knowledgeable of, and in compliance with, the requirements of all federal, state, and local
laws and regulations applicable to the provision of their services.
3.3.4 Firms must be able to demonstrate financial strength appropriate to the scale of projects.
3.3.5 Statements of Qualifications must be submitted to the City on or before the time and date and
at the place and in the manner indicated in this RFQ.
Page 12
3.3.6 Statements of Qualifications should be mechanically bound and should be limited to not more
than 30 (8.5 -inch x 11 -inch) pages printed on one side, no less than 11 -point font, excluding
covers, dividers, and financial information. Oversize pages will be counted as two pages.
Submissions of more than 30 pages will not be disqualified; however, clarity, conciseness, and
brevity of this document will be an evaluation criterion.
3.3.7 One original and two copies of the Statement of Qualifications must be submitted. In
addition to the hard copies an electronic version of statements of qualification is to be submitted
on a USB storage device (flash or thumb drive).
3.3.8 Warning: Statements of Qualification which have not been received by the City on or before
the scheduled receipt time as set forth in this RFQ will not be considered.
3.3.9 The selected Firm(s) and its (their) subconsultants (if any), will be required to meet the
insurance requirements of the City set forth herein.
3.3.10 In accordance with Florida law, selected Finns will be required to make sworn statements
regarding Public Entity Crimes and Contingent Fees.
3.3.11 Pre -negotiation meetings and negotiation meetings will be conducted on the date(s) and at the
place(s) to be specified at a later date. If agreement is not reached from those efforts, the City
will terminate negotiations and proceed to the next highest ranked Firm until it has reached
agreement with the desired number of Finns.
3.3.12 Costs of participating in the selection process, including presentations to the Evaluation
Committee or City, are solely those of the Firm(s) and the City will assume no responsibility
for any costs.
3.3.13 City reserves the right to waive informalities and to terminate this RFQ process.
3.3.14 Firms submitting qualifications shall demonstrate their familiarity with the current Florida
Building Code, including design criteria for disabled persons.
3.3.15 References: Three (3) letters of references shall be submitted as part of the Statement of
Qualifications, which shall each include the following information from the referencing
individual: Name; Position; Entity; Address; Telephone Number; E -Mail Address; Contract
Date and Value; Description of Project/Work; and Total cost of the construction/studies,
estimated and actual.
3.3.16 Insurance: Evidence of insurance currently in place that meets or exceeds the specifications
herein or a commitment from an insurance company that such insurance coverage may be
obtained by the Proposer. The successful Firm(s) must submit, prior to signing a contract, a
Certificate of Insurance.
Insurance requirements:
1. Commercial General Liability coverage with limits of liability of not less than a $1,000,000
per Occurrence combined single limit for Bodily Injury and Property Damage. This Liability
Insurance shall also include Completed Operations and Product Liability coverages and
eliminate the exclusion with respect to property under the care, custody, and control of
Contractor. The General Aggregate Liability limit and the Products/Completed Operations
Liability Aggregate limit shall be in the amount of $2,000,000 each.
2. Workers Compensation and Employer's Liability insurance, to apply to all employees for
statutory limits as required by applicable State and Federal laws. The policy(ies) must
Page 13
include Employer's Liability with minimum limits of $1,000,000.00 for each accident. No
employee, subcontractor or agent of the Contractor shall be allowed to provide Services
pursuant to this RFQ who is not covered by Worker's Compensation insurance.
3. Business Automobile Liability with minimum limits of $1,000,000.00 per Occurrence,
combined single limit for Bodily Injury and Property Damage. Coverage must be afforded
on a form no more restrictive than the latest edition of the Business Automobile Liability
policy, without restrictive endorsements, as filed by the Insurance Service Office, and must
include Owned, Hired, and Non -Owned Vehicles.
4. Professional Liability Insurance in an amount of not less than One Million Dollars
($1,000,000.00) per occurrence, single limit.
The City may require higher limits of insurance or additional coverage if deemed necessary.
Page 14
3.4 RESPONSE EVALUATION CRITERIA
The award shall be made to the responsible Firm(s) whose Statement of Qualifications is
determined to be the most qualified and advantageous to the City. Responses will be evaluated
according to the following criteria and respective weight:
Table 1
Category
Criteria
Maximum Points
1
Qualifications/Experience of the Firm/Proposer
To include years of municipal experience, ability, capacity,
and skill of firm(s), whether the firm is a certified minority
business enterprise, and adequacy of personnel to perform,
including timeliness, stability and availability and licenses
35 Points
2
Proposed Project Staff and Functions
The quality, experience and quantity of staff and their
functions will be evaluated by the Committee. The
Committee will also evaluate the Firm's capabilities to
provide service.
30 Points
3
Workload
As part of the evaluation criteria, the CEC will review the
Firms and their sub- Firms' current workload. If the submitting
Firm is a joint venture, the CEC will review the current
workload of each of the Firms comprising the submitting
entity.
10 Points
4
Financial Capabilities and Cost Control Measures
The Firm's understanding of the City's needs, local conditions,
goals, and objectives
15 Points
5
References. Ability to Perform
Firms shall provide evidence of their ability to satisfactorily
provide the professional services in a timely, and professional
manner free of professional error and with good customer
service.
10 Points
Total: 100 Points
3.4.1 Individual Review: The City Evaluation Committee ("CEC") members shall use the
Proposal/Qualifications Evaluation Form (Table 1) for this RFQ to document their review and
evaluation of each Statement of Qualifications in accordance with the criteria listed below,
within their respective areas of experience and knowledge.
Category 1.
Qualifications/Related Experience of the Firm/Proposer (35 Points)
Major consideration will be given to the successful completion of previous projects
comparable in design, scope, and complexity within the past five (5) years within the State
of Florida. This may include evaluating the Firm's performance on previous projects. List
Page 15
the projects which best illustrate the experience of the Firm which utilized the current staff
which is being or likely to be assigned to this Project. (List no more than 10 projects and do
not list projects which were not completed by your Firm or completed more than ten years
ago). Include the following for each project:
1. Name and location of the project.
2. The nature of the Firm's responsibility on the project.
3. Project owner's representative's name, address, telephone, and facsimile number.
4. Project user's representative name, address, and telephone number (if different than
owner).
5. Date project was completed.
6. Size of project (construction gross square feet).
7. Cost of project (construction cost).
8. Work for which Firm's staff was responsible.
9. Present status of the project.
10. The firm's key professionals are involved in the project and who of those staff would
be assigned to the Project covered by this RFQ.
Category 2.
Proposed Project Staff, Experience, and Functions (30 Points)
The quality, experience and quantity of staff and their functions will be evaluated by the
Committee. The Committee will also evaluate the Firm's capabilities to provide service.
The Firm shall name the actual staff to be assigned to this Project, describe their ability, and
experience, and indicate the function of each within their organization and their proposed
role on this Project. It is the City's intent that the proposed staff be actually assigned to this
Project unless otherwise approved by the City. The staff shall be present either physically
or via remote electronic means at relevant CEC interviews whenever possible.
Give brief resumes of key persons to be assigned to the Project including, but not limited
to, the following:
1. Name and title.
2. Job assignment for other projects.
3. How many years with this Firm. For sub- Firms, list prior projects your Firm has
worked with sub -Firm.
4. How many years were key people with other Firms.
5. Experience including types of projects, size of projects (dollar value and square
footage of project), and specific project involvement.
6. Degrees received and active registrations (if any).
7. If submitting as a joint venture or partnership, include the assigned staff for the joint
venture or partnership and indicate which of the joint ventures or partners employs
the staff member.
8. Provide the location of the offices that will be providing the required services.
Page 16
Provide information on the staffing and resources of the main office providing most
of the services.
Category 3.
Workload (10 Points)
As part of the evaluation criteria, the CEC will review the Firms and their sub- Firms'
current workload. If the submitting Firm is a joint venture, the CEC will review the current
workload of each of the Firms comprising the submitting entity. A maximum of twenty
points will be awarded based on an evaluation of the Firm's and their sub -Firms' total
workload and capacity to perform the work.
Firms and their sub -Firms shall provide a list of outstanding projects, client names, status
of completion, anticipated completion date, dollars committed on open projects, and overall
workload with all owners including City. Furthermore, if the submitting Firm is a joint
venture it shall also include projects for each Firm comprising the joint venture.
For purposes of this RFQ, a sub -Firm is an individual and/or firm contracted or to be
contracted by the submitting Firm to provide professional services under a Contract
resulting from this RFQ process. Firms must note that subcontracting is prohibited unless
approved in the Contract document.
Category 4.
Financial Capabilities and Cost Control Measures (15 Points)
The CEC will evaluate whether the Firm has sufficiently demonstrated that they have the
necessary financial resources to provide the services, their capabilities to control costs and
their history of working proactively to avoid litigation with Cities.
1. Financial Statement: For the Firm and/or its equity participants, indicate Working
Capital Ratio, Profitability, and Return on Assets Ratio. Include a copy of their most
current audited financial statement. If the A/E is a joint venture or partnership all
Firms comprising the submitting entity will be required to submit the previously
requested documentation. If you are submitting your financial statement under
separate cover, two copies must be submitted.
2. Insurance Capacity: Firms must provide evidence that they have all insurance
coverage as specified in the attached contract form. Umbrella liability insurance shall
not be less than $1,000,000 each occurrence and $1,000,000 aggregate. Professional
liability insurance shall have limits of not less than $1,000,000 for each claim and
aggregate.
3. Litigation: Submit all litigation of any kind involving Firm, its officers, or directors
with a project owner where the total amount in controversy exceeds $100,000 within
the last five years. If the Firm is a joint venture or partnership submit litigation
involving all Firms comprising the submitting entity. State the court and location of
the litigation.
4. Claims: Submit all Errors & Omissions claims filed against the Firms' policy in the
last two years from the proposal submittal date. The information should include the
Page 17
amount and nature of the claim(s).
Category 5.
References. Ability to Perform: (10 Points)
Firms will provide evidence of their ability to satisfactorily provide professional services in
a timely, and professional manner free of professional error and with good customer service.
Adherence to the guidelines of this solicitation will be evaluated under this evaluation
criteria. Firms shall, at a minimum:
Provide at least three references, one of which is for a Florida government agency.
Indicate if, within the past five years, Firm (or any of its proposed joint venturers or
subcontractors) has been suspended or debarred by any governmental agency, and if so, the
identity of the agencies taking these actions and copies of the documents taking such actions
and any responses thereto.
Indicate if, within the past three years, Firm (or any of its owners, officers, agents,
subcontractors, or proposed joint venturers) has/have been sued in civil court or criminally
charged over their provision of professional services or business practices, or for breaches
of contract or public corruption charges (including bribery or fraud) and, if so, provide
copies of the relevant civil suits or charging documents, as well as any documents reflecting
the final resolution of such matters.
Page 18
3.5 SELECTION PROCESS
City Evaluation Committee. At a scheduled and publicly advertised meeting, CEC members shall
meet and discuss the Statements of Qualifications. The goal of this review is to allow each CEC
member the opportunity to fully discuss the submitting Firms' qualifications and to identify any
information deemed by the CEC to be significant to the evaluation. At the conclusion of this
meeting, each CEC member shall render his or her final scores for each proposal and submit his
or her Proposal Evaluation Form to the City's procurement personnel assigned to work with the
CEC.
3.5.1 Procurement staff shall review and evaluate the responses submitted to ensure the minimum
requirements of the RFQ have been met. The City Manager and or their designee may reject
those responses that do not meet the minimum requirements of the RFQ.
3.5.2 Procurement staff will combine the evaluation scores submitted by the CEC members and
determine the ranking of Firms for each discipline (unless otherwise determined) based on the
total evaluation scores received. The top three Firms for each discipline will be included in the
short list. In the event of a tied score for first through fifth place, all such tied Firms shall be
included in the short list.
3.5.3 Notice of Short List. Procurement staff will notify all submitting Finns of whether or not they
appear on the shortlist and shall provide public notice of the short-listed Firms.
3.5.4 The shortlisted Firms shall then be invited for oral presentations before the CEC, which will be
scheduled at the CEC's convenience.
3.5.5 Oral Presentations (if requested by Evaluation Committee). The Evaluation Committee may call
the short-listed Firms for oral presentations before the Evaluation Committee regarding their
Response, approach to the Services, and ability to furnish the required Services. The Firms are
encouraged to be represented only by the Project Manager and the staff identified in the
Response. Additional details on the oral presentations may be provided to the short-listed Firms.
The City will notify the Firms where the oral presentations, if any, will be conducted. The
Evaluation Committee shall rank the respondents and provide its written recommendations to
the City Manager.
3.5.6 City Commission Meeting to Approve Architecture and Engineering Continuing Professional
Services Agreement(s) with Firm(s). Upon reaching mutually agreeable terms with the selected
Firm(s), the Continuing Professional Services Agreement(s) for each selected Firm shall be
presented to the City Commission for final approval.
3.5.7 The City reserves the right to reject any or all proposals which is in any way incomplete or
irregular, re- bid the entire solicitation, or enter into agreements with more than one Firm.
END OF SECTION 3
Page 19
4 CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS
UNDER FEDERAL AWARDS
Appendix II to Part 200 - Contract Provisions for Non -Federal Entity
Contracts Under Federal Awards
In addition to other provisions required by the Federal agency or non -Federal entity, all contracts made
by the non -Federal entity under the Federal award must contain provisions covering the following, as
applicable.
(A) Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount
determined by the Civilian Agency Acquisition Commission and the Defense Acquisition Regulations
Commission (Commissions) as authorized by 41 U.S.C. 1908, must address administrative, contractual,
or legal remedies in instances where contractors violate or breach contract terms, and provide for such
sanctions and penalties as appropriate.
(B) All contracts in excess of $10,000 must address termination for cause and for convenience by the
non -Federal entity including the manner by which it will be effected and the basis for settlement.
(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts
that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include
the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order
11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p.
339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal
Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal
Contract Compliance Programs, Equal Employment Opportunity, Department of Labor."
(D) Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program
legislation, all prime construction contracts in excess of $2,000 awarded by non -Federal entities must
include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141-3144, and 3146-3148)
as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions
Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with
the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than
the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition,
contractors must be required to pay wages not less than once a week. The non -Federal entity must place
a copy of the current prevailing wage determination issued by the Department of Labor in each
solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance
of the wage determination. The non -Federal entity must report all suspected or reported violations to
the Federal awarding agency. The contracts must also include a provision for compliance with the
Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations
(29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole
or in Part by Loans or Grants from the United States"). The Act provides that each contractor or
subrecipient must be prohibited from inducing, by any means, any person employed in the construction,
completion, or repair of public work, to give up any part of the compensation to which he or she is
otherwise entitled. The non -Federal entity must report all suspected or reported violations to the Federal
awarding agency.
Page 20
(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all
contracts awarded by the non -Federal entity in excess of $100,000 that involve the employment of
mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as
supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act,
each contractor must be required to compute the wages of every mechanic and laborer on the basis of
a standard work week of 40 hours. Work in excess of the standard work week is permissible provided
that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for
all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are
applicable to construction work and provide that no laborer or mechanic must be required to work in
surroundings or under working conditions which are unsanitary, hazardous or dangerous. These
requirements do not apply to the purchases of supplies or materials or articles ordinarily available on
the open market, or contracts for transportation or transmission of intelligence.
(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition
of "funding agreement" under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into
a contract with a small business firm or nonprofit organization regarding the substitution of parties,
assignment or performance of experimental, developmental, or research work under that "funding
agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401,
"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government
Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the
awarding agency.
(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C.
1251-1387), as amended - Contracts and subgrants of amounts in excess of $150,000 must contain a
provision that requires the non -Federal award to agree to comply with all applicable standards, orders
or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water
Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal
awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
(H) Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see 2 CFR
180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award
Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive
Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235),
"Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or
otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory
authority other than Executive Order 12549.
(I) Byrd Anti -Lobbying Amendment (31 U.S.C. 1352) - Contractors that apply or bid for an award
exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will
not and has not used Federal appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of Congress, officer or
employee of Congress, or an employee of a member of Congress in connection with obtaining any
Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any
lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such
disclosures are forwarded from tier to tier up to the non -Federal award.
The City will comply with the § 200.317 - 200.327 procurements standards when procuring goods and
services.
Page 21
§ 200.317 - 200.327 Procurements Standards
§ 200.317 Procurements by states.
When procuring property and services under a Federal award, a State must follow the same policies
and procedures it uses for procurements from its Non -Federal funds. The State will comply with §§
200.321, 200.322, and 200.323 and ensure that every purchase order or other contract includes any
clauses required by § 200.327. All other Non -Federal entities, including subrecipients of a State, must
follow the procurement standards in §§ 200.318 through 200.327.
§ 200.318 General procurement standards.
(a) The Non -Federal entity must have and use documented procurement procedures, consistent with
State, local, and tribal laws and regulations and the standards of this section, for the acquisition of
property or services required under a Federal award or subaward. The Non -Federal entity's documented
procurement procedures must conform to the procurement standards identified in §§ 200.317 through
200.327.
(b) Non -Federal entities must maintain oversight to ensure that contractors perform in accordance with
the terms, conditions, and specifications of their contracts or purchase orders.
(c) The Non -Federal entity must maintain written standards of conduct covering conflicts of interest
and governing the actions of its employees engaged in the selection, award, and administration of
contracts. No employee, officer, or agent may participate in the selection, award, or administration of
a contract supported by a federal award if he or she has a real or apparent conflict of interest. Such a
conflict of interest would arise when the employee, officer, or agent, any member of his or her
immediate family, his or her partner, or an organization which employs or is about to employ any of
the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm
considered for a contract. The officers, employees, and agents of the Non -Federal entity may neither
solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to
subcontracts. However, Non -Federal entities may set standards for situations in which the financial
interest is not substantial, or the gift is an unsolicited item of nominal value. The standards of conduct
must provide for disciplinary actions to be applied for violations of such standards by officers,
employees, or agents of the Non -Federal entity. If the Non -Federal entity has a parent, affiliate, or
subsidiary organization that is not a State, local government, or Indian tribe, the Non -Federal entity
must also maintain written standards of conduct covering organizational conflicts of interest.
Organizational conflicts of interest means that because of relationships with a parent company, affiliate,
or subsidiary organization, the Non -Federal entity is unable or appears to be unable to be impartial in
conducting a procurement action involving a related organization.
(d) The Non -Federal entity's procedures must avoid acquisition of unnecessary or duplicative items.
Consideration should be given to consolidating or breaking out procurements to obtain a more
economical purchase. Where appropriate, an analysis will be made of lease versus purchase
alternatives, and any other appropriate analysis to determine the most economical approach.
(e) To foster greater economy and efficiency, and in accordance with efforts to promote cost-effective
use of shared services across the Federal Government, the Non -Federal entity is encouraged to enter
into state and local intergovernmental agreements or inter -entity agreements where appropriate for
procurement or use of common or shared goods and services. Competition requirements will be met
with documented procurement actions using strategic sourcing, shared services, and other similar
procurement arrangements.
Page 22
(f) The Non -Federal entity is encouraged to use federal excess and surplus property in lieu of purchasing
new equipment and property whenever such use is feasible and reduces project costs.
(g) The Non -Federal entity is encouraged to use value engineering clauses in contracts for construction
projects of sufficient size to offer reasonable opportunities for cost reductions. Value engineering is a
systematic and creative analysis of each contract item or task to ensure that its essential function is
provided at the overall lower cost.
(h) The Non -Federal entity must award contracts only to responsible contractors possessing the ability
to perform successfully under the terms and conditions of a proposed procurement. Consideration will
be given to such matters as contractor integrity, compliance with public policy, record of past
performance, and financial and technical resources. See also § 200.214.
(i) The Non -Federal entity must maintain records sufficient to detail the history of procurement. These
records will include, but are not necessarily limited to, the following: Rationale for the method of
procurement, selection of contract type, contractor selection or rejection, and the basis for the contract
price. The Non -Federal entity may use a time -and -materials type contract only after a determination
that no other contract is suitable and if the contract includes a ceiling price that the contractor exceeds
at its own risk. Time -and -materials type contract means a contract whose cost to a Non -Federal entity
is the sum of:
(i) The actual cost of materials; and
(ii) Direct labor hours charged at fixed hourly rates that reflect wages, general and administrative
expenses, and profit.
(2) Since this formula generates an open-ended contract price, a time -and -materials contract provides
no positive profit incentive to the contractor for cost control or labor efficiency. Therefore, each contract
must set a ceiling price that the contractor exceeds at its own risk. Further, the Non -Federal entity
awarding such a contract must assert a high degree of oversight to obtain reasonable assurance that the
contractor is using efficient methods and effective cost controls.
(k) The Non -Federal entity alone must be responsible, in accordance with good administrative practice
and sound business judgment, for the settlement of all contractual and administrative issues arising out
of procurements. These issues include, but are not limited to, source evaluation, protests, disputes, and
claims. These standards do not relieve the Non -Federal entity of any contractual responsibilities under
its contracts. The Federal awarding agency will not substitute its judgment for that of the Non -Federal
entity unless the matter is primarily a federal concern. Violations of law will be referred to the local,
state, or Federal authority having proper jurisdiction.
[85 FR 49543, Aug. 13, 2020, as amended at 86 FR 10440, Feb. 22, 2021]
200.319 Competition.
(a) All procurement transactions for the acquisition of property or services required under a Federal
award must be conducted in a manner providing full and open competition consistent with the standards
of this section and § 200.320.
(b) In order to ensure objective contractor performance and eliminate unfair competitive advantage,
contractors that develop or draft specifications, requirements, statements of work, or invitations for bids
or requests for proposals must be excluded from competing for such procurements. Some of the
situations considered to be restrictive of competition include but are not limited to:
(1) Placing unreasonable requirements on firms for them to qualify to do business.
Page 23
(2) Requiring unnecessary experience and excessive bonding.
(3) Noncompetitive pricing practices between firms or between affiliated companies.
(4) Noncompetitive contracts to consultants that are on retainer contracts.
(5) Organizational conflicts of interest.
(6) Specifying only a "brand name" product instead of allowing "an equal" product to be offered and
describing the performance or other relevant requirements of the procurement; and
(7) Any arbitrary action in the procurement process.
(c) The Non -Federal entity must conduct procurements in a manner that prohibits the use of statutorily
or administratively imposed state, local, or tribal geographical preferences in the evaluation of bids or
proposals, except in those cases where applicable Federal statutes expressly mandate or encourage
geographic preference. Nothing in this section preempts state licensing laws. When contracting for
architectural and engineering (A/E) services, geographic location may be a selection criterion provided
its application leaves an appropriate number of qualified firms, given the nature and size of the project,
to compete for the contract.
(d) The Non -Federal entity must have written procedures for procurement transactions. These
procedures must ensure that all solicitations:
(1) Incorporate a clear and accurate description of the technical requirements for the material, product,
or service to be procured. Such a description must not, in competitive procurements, contain features
which unduly restrict competition. The description may include a statement of the qualitative nature of
the material, product, or service to be procured and, when necessary, must set forth those minimum
essential characteristics and standards to which it must conform if it is to satisfy its intended use.
Detailed product specifications should be avoided if possible. When it is impractical or uneconomical
to make a clear and accurate description of the technical requirements, a "brand name or equivalent"
description may be used to define the performance or other salient requirements of procurement. The
specific features of the named brand which must be met by offers must be clearly stated; and
(2) Identify all requirements which the offerors must fulfill and all other factors to be used in evaluating
bids or proposals.
(e) The Non -Federal entity must ensure that all prequalified lists of persons, firms, or products which
are used in acquiring goods and services are current and include enough qualified sources to ensure
maximum open and free competition. Also, the Non -Federal entity must not preclude potential bidders
from qualifying during the solicitation period.
(f) Noncompetitive procurements can only be awarded in accordance with § 200.320(c).
§ 200.320 Methods of procurement to be followed.
The non -Federal entity must have and use documented procurement procedures, consistent with the
standards of this section and §§ 200.317, 200.318, and 200.319 for any of the following methods of
procurement used for the acquisition of property or services required under a Federal award or sub -
award.
(a) Informal procurement methods. When the value of the procurement for property or services under
a Federal award does not exceed the simplified acquisition threshold (SAT), as defined in § 200.1, or a
lower threshold established by a non -Federal entity, formal procurement methods are not required. The
non -Federal entity may use informal procurement methods to expedite the completion of its
Page 24
transactions and minimize the associated administrative burden and cost. The informal methods used
for procurement of property or services at or below the SAT include:
(1) Micro purchases -
(i) Distribution. The acquisition of supplies or services, the aggregate dollar amount of which does not
exceed the micro -purchase threshold (See the definition of micro purchase in § 200.1). To the
maximum extent practicable, the non -Federal entity should distribute micro -purchases equitably among
qualified suppliers.
(ii) Micro purchase awards. Micro -purchases may be awarded without soliciting competitive price or
rate quotations if the non -Federal entity considers the price to be reasonable based on research,
experience, purchase history or other information and documents it files accordingly. Purchase cards
can be used for micro -purchases if procedures are documented and approved by the non -Federal entity.
(iii) Micro purchase thresholds. The non -Federal entity is responsible for determining and
documenting an appropriate micro -purchase threshold based on internal controls, an evaluation of risk,
and its documented procurement procedures. The micro -purchase threshold used by the non -Federal
entity must be authorized or not prohibited under State, local, or tribal laws or regulations. Non -Federal
entities may establish a threshold higher than the Federal threshold established in the Federal
Acquisition Regulations (FAR) in accordance with paragraphs (a)(1)(iv) and (v) of this section.
(iv) Non -Federal entity increases the micro purchase threshold up to $50,000. Non -Federal entities
may establish a threshold higher than the micro -purchase threshold identified in the FAR in accordance
with the requirements of this section. The non -Federal entity may self -certify a threshold up to $50,000
on an annual basis and must maintain documentation to be made available to the Federal awarding
agency and auditors in accordance with § 200.334. The self -certification must include a justification,
clear identification of the threshold, and supporting documentation of any of the following:
(A) A qualification as a low -risk auditee, in accordance with the criteria in § 200.520 for the most recent
audit.
(B) An annual internal institutional risk assessment to identify, mitigate, and manage financial risks;
or,
(C) For public institutions, a higher threshold consistent with State law.
(v) Non -Federal entity increases to the micro purchase threshold over $50,000. Micro -purchase
thresholds higher than $50,000 must be approved by the cognizant agency for indirect costs. The non-
federal entity must submit a request with the requirements included in paragraph (a)(1)(iv) of this
section. The increased threshold is valid until there is a change in status in which the justification was
approved.
(2) Small purchases -
(i) Small purchase procedures. The acquisition of property or services, the aggregate dollar amount of
which is higher than the micro -purchase threshold but does not exceed the simplified acquisition
threshold. If small purchase procedures are used, price or rate quotations must be obtained from an
adequate number of qualified sources as determined appropriate by the non -Federal entity.
(ii) Simplified acquisition thresholds. The non -Federal entity is responsible for determining an
appropriate simplified acquisition threshold based on internal controls, an evaluation of risk and its
documented procurement procedures which must not exceed the threshold established in the FAR.
When applicable, a lower simplified acquisition threshold used by the non -Federal entity must be
authorized or not prohibited under State, local, or tribal laws or regulations.
Page 25
(b) Formal procurement methods. When the value of the procurement for property or services under
a Federal financial assistance award exceeds the SAT, or a lower threshold established by a non -Federal
entity, formal procurement methods are required. Formal procurement methods require the following
documented procedures. Formal procurement methods also require public advertising unless a non-
competitive procurement can be used in accordance with § 200.319 or paragraph (c) of this section.
The following formal methods of procurement are used for procurement of property or services above
the simplified acquisition threshold or a value below the simplified acquisition threshold the non -
Federal entity determines to be appropriate:
(1) Sealed bids. A procurement method in which bids are publicly solicited and a firm fixed -price
contract (lump sum or unit price) is awarded to the responsible bidder whose bid, conforming with all
the material terms and conditions of the invitation for bids, is the lowest in price. The sealed bids
method is the preferred method for procuring construction if the conditions.
(i) In order for sealed bidding to be feasible, the following conditions should be present:
(A) A complete, adequate, and realistic specification or purchase description is available.
(B) Two or more responsible bidders are willing and able to compete effectively for the business; and
(C) The procurement lends itself to a firm fixed price contract and the selection of the successful bidder
can be made principally based on price.
(ii) If sealed bids are used, the following requirements apply:
(A) Bids must be solicited from an adequate number of qualified sources, providing them sufficient
response time prior to the date set for opening the bids, for local and tribal governments, the invitation
for bids must be publicly advertised.
(B) The invitation for bids, which will include any specifications and pertinent attachments, must define
the items or services for the bidder to properly respond.
(C) All bids will be opened at the time and place prescribed in the invitation for bids, and for local and
tribal governments, the bids must be opened publicly.
(D) A firm fixed price contract award will be made in writing to the lowest responsive and responsible
bidder. Where specified in bidding documents, factors such as discounts, transportation cost, and life
cycle costs must be considered in determining which bid is lowest. Payment discounts will only be used
to determine the low bid when prior experience indicates that such discounts are usually taken
advantage of; and
(E) Any or all bids may be rejected if there is a sound documented reason.
(2) Proposals. A procurement method in which either a fixed price or cost -reimbursement type contract
is awarded. Proposals are generally used when conditions are not appropriate for the use of sealed bids.
They are awarded in accordance with the following requirements:
(i) Requests for proposals must be publicized and identify all evaluation factors and their relative
importance. Proposals must be solicited from an adequate number of qualified offerors. Any response
to publicized requests for proposals must be considered to the maximum extent practical.
(ii) The Non -Federal entity must have a written method for conducting technical evaluations of the
proposals received and making selections.
(iii) Contracts must be awarded to the responsible offeror whose proposal is most advantageous to the
non -Federal entity, with price and other factors considered; and
Page 26
(iv) The Non -Federal entity may use competitive proposal procedures for qualifications -based
procurement of architectural/engineering (A/E) professional services whereby offeror's qualifications
are evaluated, and the most qualified offeror is selected, subject to negotiation of fair and reasonable
compensation. The method, where price is not used as a selection factor, can only be used in
procurement of A/E professional services. It cannot be used to purchase other types of services though
A/E firms that are a potential source to perform the proposed effort.
(c) Noncompetitive procurement. There are specific circumstances in which noncompetitive
procurement can be used. Noncompetitive procurement can only be awarded if one or more of the
following circumstances apply:
(1) The acquisition of property or services, the aggregate dollar amount of which does not exceed the
micro -purchase threshold (see paragraph (a)(1) of this section);
(2) The item is available only from a single source.
(3) The public exigency or emergency for the requirement will not permit a delay resulting from
publicizing a competitive solicitation.
(4) The Federal awarding agency or pass -through entity expressly authorizes a noncompetitive
procurement in response to a written request from the non -Federal entity; or
(5) After solicitation of several sources, competition is determined inadequate.
200.321 Contracting with small and minority businesses, women's business enterprises, and
labor surplus area firms.
(a) The Non -Federal entity must take all necessary affirmative steps to assure that minority businesses,
women's business enterprises, and labor surplus area firms are used when possible.
(b) Affirmative steps must include:
(1) Placing qualified small and minority businesses and women's business enterprises on solicitation
lists.
(2) Assuring that small and minority businesses, and women's business enterprises are solicited
whenever they are potential sources.
(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit
maximum participation by small and minority businesses, and women's business enterprises.
(4) Establishing delivery schedules, where the requirement permits, which encourage participation by
small and minority businesses, and women's business enterprises.
(5) Using the services and assistance, as appropriate, of such organizations as the Small Business
Administration and the Minority Business Development Agency of the Department of Commerce; and
(6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in
paragraphs (b)(1) through (5) of this section.
200.322 Domestic preferences for procurements.
(a) As appropriate and to the extent consistent with law, the Non -Federal entity should, to the greatest
extent practicable under a federal award, provide a preference for the purchase, acquisition, or use of
goods, products, or materials produced in the United States (including but not limited to iron,
aluminum, steel, cement, and other manufactured products). The requirements of this section must be
Page 27
included in all subawards including all contracts and purchase orders for work or products under this
award.
(b) For purposes of this section:
(1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes,
from the initial melting stage through the application of coatings, occurred in the United States.
(2) "Manufactured products" means items and construction materials composed in whole or in part of
non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride
pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
§ 200.323 Procurement of recovered materials.
A Non -Federal entity that is a state agency or agency of a political subdivision of a state and its
contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the
Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only
items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that
contain the highest percentage of recovered materials practicable, consistent with maintaining a
satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of
the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste
management services in a manner that maximizes energy and resource recovery; and establishing an
affirmative procurement program for procurement of recovered materials identified in the EPA
guidelines.
§ 200.324 Contract cost and price.
(a) The Non -Federal entity must perform a cost or price analysis in connection with every procurement
action more than the Simplified Acquisition Threshold including contract modifications. The method
and degree of analysis is dependent on the facts surrounding the procurement situation, but as a starting
point, the Non -Federal entity must make independent estimates before receiving bids or proposals.
(b) The Non -Federal entity must negotiate profit as a separate element of the price for each contract in
which there is no price competition and, in all cases, where cost analysis is performed. To establish a
fair and reasonable profit, consideration must be given to the complexity of the work to be performed,
the risk borne by the contractor, the contractor's investment, the amount of subcontracting, the quality
of its record of past performance, and industry profit rates in the surrounding geographical area for
similar work.
(c) Costs or prices based on estimated costs for contracts under the Federal award are allowable only
to the extent that costs incurred or cost estimates included in negotiated prices would be allowable for
the Non -Federal entity under subpart E of this part. The Non -Federal entity may reference its own cost
principles that comply with the Federal cost principles.
(d) The cost plus a percentage of cost and percentage of construction cost methods of contracting must
not be used.
§ 200.325 Federal awarding agency or pass -through entity review.
The Non -Federal entity must make available, upon request of the Federal awarding agency or pass-.
through entity, technical specifications on proposed procurements where the Federal awarding agency
or pass -through entity believes such review is needed to ensure that the item or service specified is the
one being proposed for acquisition. This review generally will take place prior to the time the
specification is incorporated into a solicitation document. However, if the Non -Federal entity desires
to have the review accomplished after a solicitation has been developed, the Federal awarding agency
Page 28
or pass -through entity may still review the specifications, with such review usually limited to the
technical aspects of the proposed purchase.
§ 200.326 Bonding requirements.
For construction or facility improvement contracts or subcontracts exceeding the Simplified
Acquisition Threshold, the Federal awarding agency or pass -through entity may accept the bonding
policy and requirements of the Non -Federal entity provided that the Federal awarding agency or pass -
through entity has decided that the Federal interest is adequately protected. If such a determination has
not been made, the minimum requirements must be as follows:
§ 200.327 Contract provisions.
The Non -Federal entity's contracts must contain the applicable provisions described in appendix II to
this part.
§ 200.403 Factors affecting allowability of cost.
Except where otherwise authorized by statute, costs must meet the following general criteria to be
allowable under Federal awards:
(a) Be necessary and reasonable for the performance of the Federal award and be allocable thereto
under these principles.
(b) Conform to any limitations or exclusions set forth in these principles or in the Federal award as to
types or amount of cost items.
(c) Be consistent with policies and procedures that apply uniformly to both federally financed and other
activities of the non -Federal entity.
(d) Be accorded consistent treatment. A cost may not be assigned to a federal award as a direct cost if
any other cost incurred for the same purpose in like circumstances has been allocated to the Federal
award as an indirect cost.
(e) Be determined in accordance with generally accepted accounting principles (GAAP), except, for
state and local governments and Indian tribes only, as otherwise provided for in this part.
(f) Not included as a cost or used to meet cost sharing or matching requirements of any other federally
financed program in either the current or a prior period. See also § 200.306(b).
(g) Be adequately documented. See also §§ 200.300 through 200.309 of this part.
(h) Cost must be incurred during the approved budget period. The Federal awarding agency is
authorized, at its discretion, to waive prior written approvals to carry forward unobligated balances to
subsequent budget periods pursuant to § 200.308(e)(3).
§ 200.404 Reasonable cost.
A cost is reasonable if, in its nature and amount, it does not exceed that which would be incurred by a
prudent person under the circumstances prevailing at the time the decision was made to incur the cost.
The question of reasonableness is particularly important when the non -Federal entity is predominantly
federally funded. In determining reasonableness of a given cost, consideration must be given to:
(a) Whether the cost is of a type generally recognized as ordinary and necessary for the operation of
the non -Federal entity or the proper and efficient performance of the Federal award.
Page 29
(b) The restraints or requirements imposed by such factors as: sound business practices; arm's -length
bargaining; Federal, state, local, tribal, and other laws, and regulations; and terms and conditions of the
Federal award.
(c) Market prices for comparable goods or services for the geographic area.
(d) Whether the individuals concerned acted with prudence in the circumstances considering their
responsibilities to the non -Federal entity, its employees, where applicable its students or membership,
the public at large, and the Federal Government.
(e) Whether the non -Federal entity significantly deviates from its established practices and policies
regarding the incurrence of costs, which may unjustifiably increase the Federal award's cost.
339.205 508 Accessibility standards for contracts.
(a) Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794(d)), as amended by the Workforce
Investment Act of 1998 (Section 508), specifies the applicable accessibility standards for all
new solicitations and new or existing contracts or orders, regardless of EIT dollar amount.
(b) The requiring activity shall consult with the OPDIV or STAFFDIV Section 508 Official or
designee, as necessary, to determine the applicability of Section 508, identify applicable Section
508 accessibility standards, and resolve any related issues before forwarding a request to the
contracting or procurement office for the acquisition of EIT supplies and services —including
Web site content and communications material for which the contractor must meet EIT
accessibility standards.
(c) Based on those discussions, the requiring activity shall provide a statement in the AP (or other
acquisition request document) for Section 508 applicability. See 307.105. If Section 508 applies
to an acquisition, include the provision at 352.239-73, Electronic and Information Technology
and Accessibility Notice, language in a separate, clearly designated, section of the statement of
work or performance work statement, along with any additional information applicable to the
acquisition's Section 508 accessibility standards (e.g., the list of applicable accessibility
standards of the Access Board EIT Accessibility Standards (36 CFR part 1194)). If an AP does
not address Section 508 applicability and it appears an acquisition involves Section 508, or if
the discussion of Section 508 applicability to the acquisition is inadequate or incomplete, the
contracting officer shall request the requiring activity modify the AP accordingly.
(d) Items provided incidental to contract administration are not subject to this section.
(e) The OPDIV Section 508 Official or designee may, at his or her discretion, require review and
approval of solicitations and contracts for EIT supplies and services.
Florida Statutes: § 287.055. "Consultants' Competitive Negotiation Act."
287.055 Acquisition of professional architectural, engineering, landscape architectural, or
surveying and mapping services; definitions; procedures; contingent fees prohibited; penalties.
Page 30
The City will adhere to the Consultant's Competitive Negotiation Act (CCNA) (F.S. 287.055) enacted
by the Florida Legislature in 1973 and governs the processes required to procure professional design
services for public sector projects. The City must follow CCNA to acquire professional architectural,
engineering, landscape architectural, and survey and mapping services. This statute applies to all public
agencies seeking professional services. It requires the selection to be based on a competitive selection
process where the firm's or team's qualifications are evaluated rather than through a financially based
bid process. The CCNA process requires adherence to specific procedures during the procurement
process.
These procedures include:
• A public announcement shall be provided when professional services are needed. The
announcement shall include a general description of the project and direction as to how
interested consultants may apply.
• The City shall evaluate and rate the qualifications of the firms. The selection committee shall
select, in order of preference, no fewer than three (3) firms deemed to be the most highly
qualified to perform the required services. During the evaluation process, the committee shall
consider such factors as the ability of the professional personnel; whether a firm is a certified
minority business enterprise; past performance; willingness to meet time and budget
requirements; location; recent, current, and projected workloads; and volume of work
previously awarded.
• The City shall negotiate a contract with the most qualified firm at a compensation level which
the agency determines is fair, competitive, and reasonable.
• Should the City be unable to negotiate a satisfactory contract with the top -ranked firm,
negotiations must be terminated. The agency shall then undertake negotiations with the second -
ranked firm. Should negotiations with the second -ranked firm be unsuccessful, negotiations
must be terminated and subsequently begin with the third -ranked firm.
•
The City will comply with Florida Statutes 255.0525 regarding advertisement for competitive bids,
proposals, and solicitations. The 255.0525 process requires adherence to specific procedures during the
procurement process.
These procedures include:
(1) The solicitation of competitive bids or proposals for any state construction project that is
projected to cost more than $200,000 shall be publicly advertised once in the Florida
Administrative Register at least 21 days prior to the established bid opening. For state
construction projects that are projected to cost more than $500,000, the advertisement shall be
published in the Florida Administrative Register at least 30 days prior to the established bid
opening and at least once in a newspaper of general circulation in the county where the project
is located at least 30 days prior to the established bid opening and at least 5 days prior to any
scheduled pre -bid conference. The bids or proposals shall be received and opened publicly at
the location, date, and time established in the bid or proposal advertisement. In cases of
emergency, the Secretary of Management Services may alter the procedures required in this
section in any manner that is reasonable under emergency circumstances.
Page 31
(2) The solicitation of competitive bids or proposals for any county, municipality, or other
political subdivision construction project that is projected to cost more than $200,000 shall be
publicly advertised at least once in a newspaper of general circulation in the county where the
project is located at least 21 days prior to the established bid opening and at least 5 days prior
to any scheduled pre -bid conference. The solicitation of competitive bids or proposals for any
county, municipality, or other political subdivision construction project that is projected to cost
more than $500,000 shall be publicly advertised at least once in a newspaper of general
circulation in the county where the project is located at least 30 days prior to the established bid
opening and at least 5 days prior to any scheduled pre -bid conference. Bids or proposals shall
be received and opened at the location, date, and time established in the bid or proposal
advertisement. In cases of emergency, the procedures required in this section may be altered by
the local governmental entity in any manner that is reasonable under emergency circumstances.
(3) If the location, date, or time of the bid opening changes, written notice of the change must
be given, as soon as practicable after the change is made, to all persons who are registered to
receive any addenda to the plans and specifications.
(4) A construction project may not be divided into more than one project for the purpose of
evading the requirements in this section.
(5) As used in this section, the term "emergency" means an unexpected turn of events that
causes:
(a) An immediate danger to public health or safety.
(b) An immediate danger of loss of public or private property; or
(c) An interruption in the delivery of an essential governmental service.
END OF SECTION 4
Page 32
5 FORMS, AFFIDAVITS, AND EXHIBITS
The following forms, affidavits, and exhibits are attached to this solicitation for completion and
submission, as applicable, with the Proposer's Response:
FORMS:
Form 1: Response Checklist
Form 2: Company Qualifications Questionnaire
Form 3: Certificate of Authority (Complete one of the two forms as applicable)
Form 3A: Certificate of Authority (for Corporations or Partnerships)
Form 3B: Certificate of Authority (for Individuals)
Form 4: Acknowledgment of Addenda
Form 5: Single Execution Affidavit (contains all affidavits listed below)
• Americans with Disabilities Act Compliance
• Public Entity Crimes Act
• No Conflict of Interest or Contingent Fee/Anti-Kickback/Code of Ethics
• Business Entity
• Non-Collusion/Anti-Collusion
• Scrutinized Companies
• Acknowledgment, Warranty, and Acceptance
• Ownership Disclosure
• Truth in Negotiation Certificate
• Prohibition on Contingent Fees
Form 6: Certification for Disclosure of Lobbying Activities on Federal Aid
Contracts (Compliance with 49 CFR, Section 20.100(b))
Form 7: Dispute Disclosure
Form 8: Key Staff and Proposed Subcontractors
Form 9: Reference Letters
Form 10: E -Verify Affidavit
Form Form 11: IRS Form W-9
EXHIBITS
Exhibit A: Form of Continuing Professional Services Agreement
Exhibit B: Map of City of Opa-locka
Page 33
FORM 1- RESPONSE CHECKLIST
Form 1: Response Checklist
Form 2: Company Qualifications Questionnaire
Form 3: Certificate of Authority (Complete one of the two forms as applicable)
Form
3A: Certificate of Authority (for Corporations or Partnerships)
Form
3B: Certificate of Authority (for Individuals)
Form 4: Acknowledgment of Addenda
Form 5: Single Execution Affidavit
Certification for Disclosure of Lobbying Activities on Federal Aid Contracts
Form 6: (Compliance with 49 CFR, §20.100(b))
Form 7: Dispute Disclosure
Form 8: Key Staff and Proposed Subcontractors
Form 9: Reference Letters
Form
10: E -Verify Affidavit
Form 11: IRS Form W-9
Firm: Date:
Authorized Signature:
Print or Type Name: Title:
Page 34
FORM 2 - COMPANY QUALIFICATIONS QUESTIONNAIRE
Please complete this Company Qualifications Questionnaire. By completing this form and submitting a response to the
RFQ, you certify that any and all information contained in this RFQ is true, that your response to the RFQ is made without
prior understanding, agreement, or connections with any corporation, firm or person submitting a response to the RFQ for
the same materials, supplies, equipment, or services, is in all respects fair and without collusion or fraud, that you agree
to abide by all terms and conditions of the RFQ, and certify that you are authorized to sign for the Proposer' s firm.
Some responses may require the inclusion of separate attachments. Separate attachments should be as concise as
possible, while including the requested information. In no event should the total page count of all attachments to this
Form exceed five (5) pages. Some information may not be applicable; in such instances, please insert "N/A".
Firm Name
Principal Business Address
Telephone Number Facsimile Number
Email Address
Federal I.D. No. or Social Security Number Municipal Business Tax/Occupational License No.
FIRM HISTORY AND INFORMATION
How many years has the firm has been in business under its current name and ownership?
Please identify the Firm's document number with the Florida Division of Corporations and date the Firm
registered/filed to conduct business in the State of Florida:
Document Number Date Filed
Please identify the Firm's category with the Florida Department of Business Professional Regulation (DBPR), DBPR
license number, and date licensed by DBPR:
Category
License No. Date Licensed
Please indicate the type of entity form of the Firm (if other, please describe):
❑ Individual o Partnership ❑ Corporation ❑ LLC ❑ LLP ❑ Other
Please identify the Firm's primary business:
Please identify the number of continuous years your Firm has performed its primary business:
Page 35
Please list all professional licenses and certifications held by the Firm, its Qualifier/Principal, and any Key Staff,
including any active certifications of small, minority, or disadvantaged business enterprise and the name of the
entity that issued the license or certification:
License/Certification
Type
Name of Entity Issuing
License or Certification
License No.
License Issuance Date
Please identify the name, license number, and issuance date of any prior companies that pertain to your Firm:
License/Certification
Type
Name of Entity Issuing
License or Certification
License No.
License Issuance Date
Please identify all individuals authorized to sign for the entity, their title, and the threshold/level of their signing
authority:
Authorized Signor's Name
Title
Signing Authority Threshold
(All, Cost up to $X -Amount, No Cost, Other)
Please identify the total number of Firm employees, managerial/administrative employees, and identify the
total number of trades employees by trade (e.g., 20 electricians, 5 laborers, 2 mechanics, etc.):
Total No. of Employees
Total No. of Managerial/Administrative Employees
Total No. of Trades Employees by Trade
INSURANCE INFORMATION
Please provide the following information about the Firm's insurance company:
Insurance Carrier Name
Insurance Carrier Contact Person
Insurance Carrier Address Telephone No.
Email
Has the Firm filed any insurance claims in the last five (5) years? ❑ No o Yes If yes, please identify
the type of claim and the amount paid out under the claim:
FIRM OWNERSHIP
Please identify all Firm owners or partners, their title, and percent of ownership:
Page 36
Owner/Partner Name
Title
Ownership (%)
Please identify whether any of the owners/partners identified above are owners/partners in another entity:
❑ No ❑ Yes If yes, please identify the name of the owner/partner, the other entity's name, and percent of
ownership held by the stated owner/partner:
Owner/Partner Name
Other Entity Name
Ownership (%)
RECENT CONTRACTS
Please identify the five (5) most recent contracts in which your Firm has provided services to other public entities:
Public Entity Name
Contact Person
Telephone No.
Email Address
Date Awarded
By signing below, Proposer certifies that the information contained herein is complete and accurate to
the best of the Proposer's knowledge.
Firm:
Authorized Signature: Date:
Print or Type Name: Title:
Page 37
FORM 3A - CERTIFICATE OF AUTHORITY
(if Corporation)
I HEREBY CERTIFY that a meeting of the [circle one] Board of Directors/ Partners of
a business existing under the laws of the State of , (the
"Entity") held on , 20 , the following resolution was duly
passed and adopted:
"RESOLVED, that, , as
of the Entity, be and is hereby authorized to
execute this Proposal dated , 20 , on
behalf of the Entity and submit this Proposal to the City of Opa-locka , and this Entity and the
execution of this Certificate of Authority, attested to by the Secretary of the Corporation, and
with the Entity's Seal affixed, will be the official act and deed of this Entity."
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 Entity this
day of , 20
Secretary: President:
Print Name: Print Name:
(Seal)
Page 38
FORM 3B - CERTIFICATE OF AUTHORITY
(If Individual)
I, ("Affiant") being first duly sworn, deposes and says:
1. Iamthe
[Select and print as applicable: Owner/Partner/Officer/Representative/Agent] of:
doing
business as , the
Contractor that has submitted the attached Proposal.
2. I am fully informed respecting the preparation and contents of the attached Proposal and all the
pertinent circumstances respecting such Proposal.
3. I am authorized to execute the Proposal dated and submit this
Proposal to the City of Opa-locka, and the execution of this Certificate of Authority, attested to
by a Notary Public, will be the official act and deed of this attestation.
In the presence of: Signed, sealed, and delivered by:
Witness #1 Print Name: Print Name:
Title:
Witness #2 Print Name:
ACKNOWLEDGMENT
State of Florida
County of
The foregoing instrument was acknowledged before me by means of physical presence or online
notarization, this day of , 20 , by
(name of person) as (type of authority) for
(Name of party on behalf of whom instrument is executed).
Notary Public (Print, Stamp, or Type as Commissioned)
Personally known to me; or
Produced identification (Type of Identification: )
Did take an oath; or
Did not take an oath.
FORM 4 - ACKNOWLEDGEMENT OF ADDENDA
I HEREBY ACKNOWLEDGE that I have received all the following addenda and am informed of the
Page 39
contents thereof:
Addendum Numbers Received:
(Check the box next to each addendum received)
Addendum 1 Addendum 6
Addendum 2 Addendum 7
Addendum 3 Addendum 8
Addendum 4 Addendum 9
Addendum 5 Addendum 10
Firm:
Authorized Signature: Date:
Print or Type Name: Title:
Page 40
FORM 5 — SINGLE EXECUTION AFFIDAVIT
THIS FORM COMBINES SEVERAL AFFIDAVIT STATEMENTS TO BE SWORN TO BY THE
PROPOSER OR BIDDER AND NOTARIZED BELOW. IN THE EVENT THE PROPOSER OR
BIDDER CANNOT SWEAR TO ANY OF THESE AFFIDAVIT STATEMENTS, THE PROPOSER
OR BIDDER IS DEEMED TO BE NON -RESPONSIBLE AND IS NOT ELIGIBLE TO SUBMIT A
PROPOSAL/BID.
THESE SINGLE EXECUTION AFFIDAVITS ARE STATEMENTS MADE ON BEHALF OF:
By: NAME OF PROPOSING OR BIDDING
ENTITY INDIVIDUAL'S NAME AND 1T1'LE
Date:
FEIN OF PROPOSING OR BIDDING ENTITY
Americans with Disabilities Act Compliance Affidavit
The above-namedfirm, corporation or organization is in compliance with and agrees to continue to comply with,
and assure that any subcontractor, or third party contractor under this project complies with all applicable
requirements of the laws listed below including, but not limited to, those provisions pertaining to employment,
provision of programs and services, transportation, communications, access to facilities, renovations, and new
construction.
• The American with Disabilities Act of 1990 (ADA), Pub. L. 101-336, 104 Stat 327, 42 USC
1210112213 and 47 USC Sections 225 and 661 including Title I, Employment; Title II, Public
Services; Title III, Public Accommodations and Services Operated by Private entities; Title IV,
Telecommunications; and Title V, Miscellaneous Provisions.
• The Florida Americans with Disabilities Accessibility Implementation Act of 1993, Section 553.501-
553.513, Florida Statutes:
• The Rehabilitation Act of 1973, 229 USC Section 794.
• The Federal Transit Act, as amended 49 USC Section 1612.
• The Fair Housing Act as amended 42 USC Section 3601-3631.
Proposer Initials
Public Entity Crimes Affidavit
I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a
violation of any state or federal law by a person with respect to and directly related to the transaction of
business with any public entity or with an agency or political subdivision of any other state or of the United
States, including but not limited to, any bid or contract for goods or services to be provided to any public
entity or an agency or political subdivision of any other state or of the United States and involving antitrust,
fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentations.
Page 41
I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means
a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any
federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989,
as a result of a jury verdict, non jury trial, or entry of a plea of guilty or nolo contendere.
I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means:
1. A predecessor or successor of a person convicted of a public entity crime; or
2. An entity under the control of any natural person who is active in the management of the entity and
who has been convicted of a public entity crime. The term "affiliate" includes those officers,
directors, executives, partners, shareholders, employees, members, and agents who are active in the
management of an affiliate. The ownership by one person of shares constituting a controlling interest
in another person, or a pooling of equipment or income among persons when not for fair market
value under an arm' s length agreement, shall be a prima facie case that one person controls another
person. A person who knowingly enters a joint venture with a person who has been convicted of a
public entity crime in Florida during the preceding 36 months shall be considered an affiliate.
I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person
or entity organized under the laws of any state or of the United States with the legal power to enter into a
binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a
public entity, or which otherwise transacts or applies to transact business with a public entity. The term
"person" includes those officers, directors, executives, and partners, shareholders, employees, members, and
agents who are active in management of an entity.
Based on information and belief, the statement, which I have marked below, is true in relation to the entity
submitting this sworn statement.
(INDICATE WHICH STATEMENT APPLIES.)
❑ Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners,
shareholders, employees, members, or agents who are active in the management of the entity, nor any
affiliate of the entity has been charged with ad convicted of a public entity crime after July 1, 1989.
❑ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners,
shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate
of the entity has been charged with and convicted of a public entity crime after July 1, 1989.
❑ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners,
shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate
of the entity has been charged with and convicted of a public entity crime after July 1, 1989. However, there
has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of
Administrative Hearings and the final Order entered by the Hearing Officer determined that it was not in the
public interest to place the entity submitting this sworn statement on the convicted Firm list (attach a copy
of the final order).
Page 42
I understand that the submission of this form to the contracting officer for the public entity identified in
paragraph 1 above is for that public entity only and that this form is valid through December 31 of the calendar
year in which it is filed. I also understand that I am required to inform the public entity prior to entering a
contract in excess of the threshold amount provided in Section 287.017, Florida Statutes for category two of
any change in the information contained in this form.
Proposer Initials
No Conflict of Interest or Contingent Fee/Anti-Kickback/Code of Ethics Affidavit
Proposer warrants that neither it nor any principal, employee, agent, representative nor family member has
paid, promised to pay, or will pay any fee or consideration that is contingent on the award or execution of a
contract arising out of this solicitation. Proposer also warrants that neither it nor any principal, employee,
agent, representative nor family member has procured or attempted to procure this contract in violation of any
of the provisions of the Miami -Dade County conflict of interest or code of ethics ordinances. Further, Proposer
acknowledges that any violation of this warranty will result in the termination of the contract and forfeiture of
funds paid or to be paid to the Proposer should the Proposer be selected for the performance of this contract.
Proposer Initials
Business Entity Affidavit
Proposer hereby recognizes and certifies that no elected official, board member, or employee of the City of
Opa-locka (the "City") shall have a financial interest directly or indirectly in this transaction or any
compensation to be paid under or through this transaction, and further, that no City employee, nor any elected
or appointed officer (including City board members) of the City, nor any spouse, parent or child of such
employee or elected or appointed officer of the City, may be a partner, officer, director or proprietor of
Proposer or Firm, and further, that no such City employee or elected or appointed officer, or the spouse, parent
or child of any of them, alone or in combination, may have a material interest in the Firm or Proposer. Material
interest means direct or indirect ownership of more than 5% of the total assets or capital stock of the Proposer.
Any exception to these above -described restrictions must be expressly provided by applicable law or ordinance
and be confirmed in writing by City. Further, Proposer recognizes that with respect to this transaction or bid,
if any Proposer violates or is a party to a violation of the ethics ordinances or rules of the City, the provisions
of Miami -Dade County Code Section 2-11.1, as applicable to City, or the provisions of Chapter 112, part III,
Fla. Stat., the Code of Ethics for Public Officers and Employees, such Proposer may be disqualified from
furnishing the goods or services for which the bid or proposal is submitted and may be further disqualified
from submitting any future bids or proposals for goods or services to City.
Proposer Initials
Non-Collusion/Anti-Collusion Affidavit
Page 43
1. The Proposal/Bidder has personal knowledge of the matters set forth in its Proposal/Bid and is fully
informed respecting the preparation and contents of the attached Proposal/Bid and all pertinent
circumstances respecting the Proposal/Bid.
2. The Proposal/Bid is genuine and is not a collusive or sham Proposal/Bid; and
3. Neither the Proposer/Bidder nor any of its officers, partners, owners, agents, representatives,
employees, or parties in interest, including Affiant, has in any way colluded, conspired, connived, or
agreed, directly or indirectly with any other Proposer/Bidder, firm, or person to submit a collusive or
sham Proposal/Bid, or has in any manner, directly or indirectly, sought by agreement or collusion or
communication or conference with any other Proposer/Bidder, firm, or person to fix the price or prices
in the attached Proposal/Bid or of any other Proposer/Bidder, or to fix any overhead, profit, or cost
element of the Proposal/Bid price or the Proposal/Bid price of any other Proposer/Bidder, or to secure
through any collusion, conspiracy, connivance or unlawful agreement any advantage against City of
Opa-locka or any person interested in the proposed Contract.
Proposer Initials
Scrutinized Companies
1. Proposer certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel
List. Pursuant to Section 287.135, F.S., the City may immediately terminate the Agreement that may
result from this RFQ at its sole option if the Proposer or its subcontractors are found to have submitted
a false certification; or if the Proposer, or its subcontractors are placed on the Scrutinized Companies
that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement.
Page 44
2. If the Agreement that may result from this RFQ is for more than one million dollars, the Proposer
certifies that it and its subcontractors are also not on the Scrutinized Companies with Activities in
Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with
business operations in Cuba or Syria as identified in Section 287.135, F.S. pursuant to Section 287.135,
F.S., the City may immediately terminate the Agreement that may result from this RFQ at its sole option
if the Proposer, its affiliates, or its subcontractors are found to have submitted a false certification; or if
the Proposer, its affiliates, or its subcontractors are placed on the Scrutinized Companies with Activities
in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or
engaged with business operations in Cuba or Syria during the term of the Agreement.
3. The Proposer agrees to observe the above requirements for applicable subcontracts entered into for the
performance of work under the Agreement that may result from this RFQ. As provided in Subsection
287.135(8), F.S., if federal law ceases to authorize the above -stated contracting prohibitions then they
shall become inoperative.
Proposer Initials
Acknowledgment, Warranty, and Acceptance
1. The firm warrants that it is willing, able to, and will comply with all applicable federal, state, county, and
local laws, rules and regulations.
2. The firm warrants that it has read, understands, and is willing to and will comply with all of the
requirements of the solicitation and any and all addenda issued pursuant thereto.
3. The firm warrants that it will not delegate or subcontract its responsibilities under an agreement without
the prior written permission of the City Manager.
4. The firm warrants that all information provided by it m connection with this proposal is true and
accurate.
5. I hereby propose to provide the services specified in the RFQ. I agree that my Statement of
Qualifications will remain firm for a period of 365 days in order to allow the City adequate time to
evaluate the Statements of Qualifications.
6. I certify that all information contained in this Statement of Qualifications is truthful to the best of my
knowledge and belief. I further certify that I am duly authorized to submit this Statement of
Qualification on behalf of the fine as its act and deed and that the firm is ready, willing, and able to
perform if awarded the contract.
I understand that a person or affiliate who has been placed on the convicted Firm list following a
conviction for public entity crimes may not submit a bid on a contract to provide any goods or services
to a public entity, may not submit a bid on a contract with a public entity for the construction or repair
of a public building or public work, may not submit bids on leases of real property to public entity, may
not be awarded or perform work as a contractor, supplier, sub -contractor, or Firm under a contract with
a public entity , and may not transact business with any public entity in excess of the threshold amount
provided in Sec. 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed
on the convicted Firm list.
Proposer Initials
Page 45
Ownership Disclosure Affidavit
1. If the contract or business transaction is with a corporation or company, the full legal name and business
address shall be provided for each officer, director, member and manager and each stockholder or
member who holds directly or indirectly five percent (5%) or more of the corporation's or company's
stock or shares. If the contract or business transaction is with a trust, the full legal name and address shall
be provided for each trustee and each beneficiary. All such names and addresses are (Post Office
addresses are not acceptable), as follows (attach additional sheet, if necessary):
Name
Address
Ownership (%)
2. The full legal names and business address of any other individual (other than subcontractors, material
men, suppliers, laborers, or lenders) who have, or will have, any interest (legal, equitable, beneficial,
or otherwise) in the contract or business transaction with the City are (Post Office addresses are not
acceptable), as follows (attach additional sheet, if necessary):
Name
Address
Page 46
Proposer Initials
Truth in Negotiation Certificate
The Firm hereby certifies, covenants, and warrants that wage rates and other factual unit costs supporting the
compensation for projects and services that may be offered pursuant to this Request for Qualifications and
the Continuing Services Agreement related thereto will be accurate, complete, and current at the time of
contracting. The Firm further agrees that the price provided under separate, project specific agreements and
any additions thereto shall be adjusted to exclude any significant sums by which the City determines the
agreement price was increased due to inaccurate, incomplete, or non- current wage rates and other factual unit
costs. All such agreement adjustments shall be made within one.
(1) year following the end of each corresponding agreement. For the purpose of this certificate, the end of the
agreement shall be deemed to be the date of the final billing or acceptance of the work by the City, whichever
is later. The undersigned firm is furnishing this Truth in Negotiation Certificate pursuant to Section
287.055(5)(a), Florida Statutes for the undersigned firm to receive a continuing agreement for professional
architecture and engineering services with the City of Opa-locka, Florida.
Proposer Initials
Prohibition on Contingent Fees
The Firm warrants that he or she has not employed or retained any company or person, other than a bona fide
employee working solely for the Firm to solicit or secure this Request for Qualifications and the Continuing
Services Agreement related thereto and that he or she has not paid or agreed to pay any person, company,
corporation, individual, or firm, other than a bona fide employee working solely for the Firm any fee,
commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of
this agreement. The undersigned Firm is furnishing this statement pursuant to Section 287.055(6)(a), Florida
Statutes for the undersigned firm to receive a continuing agreement for professional architecture and
engineering services with the City of Opa-locka, Florida. Firm understands that for the breach or violation of
this provision, the City shall have the right to terminate the resulting agreement without liability and, at its
discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission,
percentage, gift, or consideration. The provisions of this statement shall be incorporated in the resulting
agreement, if awarded, as though fully stated therein.
Proposer Initials
Sworn Signature of Proposing Entity Representative and Notarization for all above
Affidavits follows on the next page.
Page 47
Page 48
In the presence of: Signed, sealed and delivered by:
Witness #1 Print Name: Print Name:
Title: Witness #2 Print Name:
Firm:
ACKNOWLEDGMENT
State of Florida
County of
The foregoing instrument was acknowledged before me by means of physical presence or online
notarization, this day of , 20 , by
(name of person) as (type of authority) for
(Name of party on behalf of whom instrument is executed).
Notary Public (Print, Stamp, or Type as Commissioned)
Personally known to me; or
Produced identification (Type of Identification: )
Did take an oath; or
Did not take an oath.
Page 49
FORM 6 - CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES ON FEDERAL -AID
CONTRACTS
(Compliance with 49 CFR, Section 20.100 (b))
The prospective participant certifies, by signing this certification, that to the best of his or her knowledge and
belief:
1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any federal agency,
a Member of Congress, an officer of employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any federal contract, the making of any federal grant,
the making of any federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any federal contract, grant, loan, or
cooperative agreement.
2. If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities", in accordance with
its instructions. (Standard Form-LLL can be obtained from the Florida Department of
Transportation's Professional Services Administrator or Procurement Office.)
3. The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
4. This certification is a material representation of the fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering this transaction imposed by Section 1352, Title 31, U.S. Code (as amended by the Lobbying
Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to
a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
5. The Contractor described below certifies or affirms the truthfulness and accuracy of each statement
of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the
provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any.
Firm:
Authorized Signature: Date:
Print or Type Name: Title:
Page 50
FORM 7 - DISPUTE DISCLOSURE
Answer the following questions by placing an "X" after "Yes" or "No". If you answer "Yes" to any of the
questions, please explain in the space provided, or on a separate sheet attached to this form.
1. Has your firm or any of its officers received a reprimand of any nature or been suspended by the Department
of Professional Regulations or any other regulatory agency or professional associations within the last five
(5) years?
YES NO
2. Has your firm, or any member of your firm, been declared in default, terminated, or removed from a contract
or job related to the services your firm provides in the regular course of business within the last five (5)
years?
YES NO
3. Has your firm had against it or filed any requests for equitable adjustment, contract claims, bid protests, or
litigation in the past five (5) years that is related to the services your firm provides in the regular course of
business?
YES NO
If yes, state the nature of the request for equitable adjustment, contract claim, protest, litigation, and/or
regulatory action, and state a brief description of the case, the outcome or status of the suit, the monetary
amounts of extended contract time involved, and the court or agency before which the action was instituted,
the applicable case or file number, and the status or disposition for such reported action. Described all
litigation (including the court and location) of any kind involving Firm or any Key Staff members within the
last five (5) years.
I hereby certify that all statements made are true and agree and understand that any misstatement or
misrepresentation of falsification of facts shall be cause for forfeiture of rights for further consideration of
this Proposal for the City of Opa-locka.
Firm:
Authorized Signature: Date:
Print or Type Name: Title:
Page 51
FORM 8 - KEY STAFF & PROPOSED SUBCONTRACTORS KEY STAFF
Please complete the following chart with the Firm's proposed Key Staff. If additional space is required, please
copy/duplicate this page and attach it to this Form. Additional space: 0 No ❑ Yes
Name
Title
Years of
Experience
Years with
Finn
Licenses/Certifcations
Please explain the Firm's ability and resources to substitute personnel with equal or higher qualifications than the
Key Staff they will substitute for where substitute is required due to attrition, turnover, or a specific request by
the City:
Page 52
Please identify each Key Staff member's engagement commitments that will exist concurrently with the City's
Services:
Key Staff Name
Area of Responsibility
Client
Commitment
(Hours/week)
Period of
Engagement
PROPOSED SUBCONTRACTORS
The undersigned Proposer hereby designates, as follows, all major subcontractors whom they propose to utilize
for the major areas of work for the services. The bidder is further notified that all subcontractors shall be properly
licensed, bondable, and shall be required to furnish the City with a Certificate of Insurance in accordance with the
contract's general conditions. Failure to furnish this information shall be grounds for rejection of the bidder's
proposal. (If no subcontractors are proposed, state "None" on first line below.)
Subcontractor Name & Address
Scope of Work
License Number
Firm:
Authorized Signature: Date:
Print or Type Name: Title:
Page 53
FORM 9 - REFERENCES
IN ADDITION TO THE INFORMATION REQUIRED ON THIS FORM, PLEASE PROVIDE A
MINIMUM OF THREE REFERENCE LETTERS, ONE OF WHICH SHOULD BE MUNICIPAL
OR GOVERNMENT REFERENCES.
REFERENCE #1
Public Entity Name:
Reference Contact Person/Title/Department:
Contact Number & Email
Public Entity Size/Number of Residents/Square Mileage:
Event(s) Completed (include Name of Project/Event, Date of Event Start/Completion, Details on
Size/Scope of Work/Complexity)
Is the Contract still Active? Yes No
Page 54
REFERENCE #2
Public Entity Name:
Reference Contact Person/Title/Department:
Contact Number & Email
Public Entity Size/Number of Residents/Square Mileage:
Event(s) Completed (include Name of Project/Event, Date of Event Start/Completion, Details on
Size/Scope of Work/Complexity)
Is the Contract still Active? Yes No
Page 55
REFERENCE #3
Public Entity Name:
Reference Contact Person/Title/Department:
Contact Number & Email
Public Entity Size/Number of Residents/Square Mileage:
Event(s) Completed (include Name of Project/Event, Date of Event Start/Completion, Details on
Size/Scope of Work/Complexity)
Is the Contract still Active? Yes No
Page 56
FORM 10 - E -VERIFY AN'FIDAVIT
In accordance with Section 448.095, Florida Statutes, the City of Opa-locka requires all contractors doing
business with the City to register with and use the E -Verify system to verify the work authorization status of
all newly hired employees. The City will not enter into a contract unless each party to the contract registers with
and uses the E -Verify system.
The respondent Firm must provide of its proof of enrollment in E -Verify. For instructions on how to
provide proof of the Firm's participation/enrollment in E -Verify, please visit: https://www.e-
verify. gov/faq/how-do-i-provide-proof-of-my-participationenrollment-in-e-verify
By submitting a response to this RFQ and signing below, the respondent Firm acknowledges that it has read
Section 448.095, Florida Statutes and will comply with the E -Verify requirements imposed by it, including
but not limited to obtaining E -Verify affidavits from subcontractors.
❑ Check here to confirm proof of enrollment in E -Verify has been submitted as part of the response.
In the presence of: Signed, sealed, and delivered by:
Witness #1 Print Name: Print Name:
Title: Witness #2 Print Name:
Firm:
ACKNOWLEDGMENT
State of Florida
County of
The foregoing instrument was acknowledged before me by means of physical presence or online
notarization, this day of , 20 , by
(name of person) as (type of authority) for
(name of party on behalf of whom instrument is executed).
Notary Public (Print, Stamp, or Type as Commissioned)
Personally known to me; or
Produced identification (Type of Identification: )
Did take an oath; or
Did not take an oath
Page 57
FORM 11— IRS FORM W-9
Please visit the following link for information about IRS Form W-9:
https://www.irs.gov/forms-pubs/about-form-w-9
Please complete and submit with the proposal IRS Form W-9, which may be found online by visiting:
https://www.irs.gov/pub/irs-pdf/fw9.pdf
o Check here to confirm IRS Form W-9 has been submitted as part of the response.
Firm:
Authorized Signature: Date:
Print or Type Name: Title:
Page 58
EXHIBIT A — FORM OF CONTINUING PROFESSIONAL SERVICES
AGREEMENT
The Firm can expect to provide services, including but not limited to the tasks identified herein, which shall
collectively be referred to as the "Services":
1. General Engineering and Architecture: engineering, architecture, electrical engineering, right-of-way and traffic
engineering, construction engineering, civil engineering, environmental permitting and engineering, preparation
of plans and specifications, construction management, advising on the acquisition, improvement or operation of
City lands, buildings, facilities, utilities, and roads, the administration of City services, and the planning, design
and/or construction supervision and administration for one or any of the City's various projects, which may
include, without limitation, transportation and transit facilities, public buildings, municipal utilities including
water, sewer, electric, natural gas, drainage, and municipal lands, parks, facilities and open spaces.
2. General Civil Engineering: Roadway, streetscape, sidewalks, public works inspections, parking lots, parking
spaces and intersection design, capital improvement plan, feasibility and engineering studies, stormwater facility,
design and management, specifications preparation, cost estimating; canal maintenance and design, engineering
construction management and inspections, geotechnical services, and other miscellaneous professional services
that the City may desire.
3. Transportation Planning and Engineering Services: Transportation planning and traffic engineering, traffic -
impact and safety studies, parking studies; neighborhood traffic management; multi- modal traffic planning and
design, Roadways/Transportation planning and design, bicycle and pedestrian paths design and integrated
mobility options; traffic calming; collection of traffic counts and reports; signal timing analysis and warrant
studies; signs and pavement markings and other miscellaneous professional services that the City may desire.
4. Environmental Engineering: Coastal/Waterways engineering, construction, regulatory permitting, marine
environmental, ecosystem restoration, regional sand management, and other miscellaneous professional services
that the City may dcsirc.
5. Landscape Architecture: Landscape, hardscape, and irrigation design; park facility master planning; park and
recreational facilities design, bicycle and pedestrian path design; integration of parks, landscaped and open spaces
and recreational facilities with the City's residential and commercial districts and other miscellaneous
professional services that the City may desire.
Firms shall provide all necessary labor, materials, equipment, reports, and expertise required to provide the Services.
The City, on an as needed basis, will periodically issue work orders for specific projects and assignments to the retained
Firm(s).
The City may elect to have the Firm(s) provide design criteria documents if the City decides to implement a project by
the design/build approach. It will be required that the Firm's plans be developed on the current, supported release of
AutoCAD, and a reproducible hard copy and CD/USB of plans shall be submitted in a version acceptable by the City.
The City may elect to have the selected Finn(s) provide all of these services, some of the services, or none of these
services.
The Firm is not guaranteed any work by the City under this Agreement.
All projects will be coordinated with the City Manager and/or Capital Improvements Director and/or Representative.
Page 59
Schedule for Services performed pursuant to this Agreement are as follows:
[INSERT NEGOTIATED RATE SCHEDULE]
Hourly Rates
Principal
Project Manager
General Engineering
Surveying
Construction Management
Geotechnical Engineering
Landscape Architecture
Environmental Engineering
Traffic Planning/Engineering
Traffic Data Collection and
Traffic Engineering
Page 60
EXHIBIT B — MAP OF THE CITY OF OPA-LOCKA
Page 61