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HomeMy Public PortalAboutResolution No. 23-051 - Diamanti Contrcution & Development inc. for Rehabilitation of Historic City HallSponsored By: Interim City Manager RESOLUTION NO. 23-051 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, ACCEPTING THE PROPOSAL OF DIAMANTI CONSTRUCTION & DEVELOPMENT, INC. FOR THE REHABILITATION OF HISTORIC CITY HALL, PURSUANT TO RFP NO. 23-0215100 AND FURTHER AUTHORIZING THE INTERIM CITY MANAGER TO ENTER INTO AN AGREEMENT WITH DIAMANTI CONSTRUCTION & DEVELOPMENT, INC., IN AN AMOUNT NOT TO EXCEED ONE MILLION, FOUR HUNDRED FIFTY-TWO THOUSAND, THREE HUNDRED THIRTY DOLLARS ($1,452,330.00); PROVIDING FOR ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on January 14, 2023, the City of Opa-Locka ("City") published Request for Proposals (RFP) No. 23-0215100 for the Rehabilitation of Historic City Hall; and WHEREAS, two (2) sealed proposals were received by the City Clerk's Office and certified by the City Clerk on March 2, 2023; and WHEREAS, the Evaluation Committee reviewed the proposals and subsequently selected Diamanti Construction & Development, Inc. ("Diamanti") as the most responsive responsible bidder. While the second bidder was Two Hundred Sixty -Six Thousand, Three Hundred Ten Dollars ($266,310.00) less expensive than Diamanti, the Interim City Manager recommends approval of Diamanti Construction & Development, Inc. as it possesses the necessary financial responsibility, skills and ability to perform the obligations required for the project; and WHEREAS, Diamanti has expertise and experience with historic properties, experience in restoring the roof of Historic City Hall and has familiarity with the property. Diamanti has provided a shorter construction schedule as this project needs to be expedited to the extent possible and feasible; and WHEREAS, the City Commission finds that acceptance of Diamanti Construction & Development, Inc.'s proposal for the Rehabilitation of Historic City Hall and entering into an agreement with said company for same is in the best interest of the City of Opa- Locka and its residents. 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. Resolution No. 23-051 SECTION 2. The City Commission of the City of Opa-Locka, Florida hereby accepts the proposal of Diamanti Construction & Development, Inc., relating to Request for Proposals (RFP) 23-0215100, for the Rehabilitation of Historic City Hall and authorizes the City Manager to enter into an agreement, attached hereto as Exhibit "A", in an amount not to exceed One Million, Four Hundred Fifty -Two Thousand, Three Hundred Thirty Dollars ($1,452,330.00). SECTION 3. Sections of this Resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager following review by the City Attorney and without need of public hearing, by filing a corrected copy of same with the City. SECTION 4. This Resolution shall take effect upon adoption and is subject to the approval of the Governor or Governor's Designee. PASSED and ADOPTED this 26th day of April, 2023. John H. Taylor Jr., Mayor TTEST: a Flores, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: B dette N. ris-Weeks, P.A. Ci y Attorney 2 Resolution No. 23-051 Moved by: Commissioner Bass Seconded by: Vice Mayor Ervin 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 Department Director: Department Director Signature: City Manager: Darvin Williams CM Signature: / (., Commission Meeting Date: 04.12.2023 Item Type: (EnterX in box) Resolution �J Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 15' Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X X Funding Source: Account# : (Enter hued & Dept) EX: See Financial Impact Section Advertising Requirement: (EnterX in box) Yes No X Contract/P.O. Required: (EnterX in box) Yes No RFP/RFQ/Bid#: X Strategic Plan Related (EnterX in box) Yes No Strategic Plan Priority Area: Enhance Organizational is Bus. & Economic Dev NI Public Safety MI Quality of Education MI Qual. of Life & City Image Communication NI Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) X Sponsor Name City Manager Department: City Manager Short Title: A resolution authorizing the Interim City Manager to accept the proposal of Diamanti Construction & Development, Inc. for the Rehabilitation of Historic City Hall pursuant to RFP No. 23-0215100 and further authorizing the Interim City Manager to enter into an agreement with Diamanti Construction & Development, Inc. for the Rehabilitation of Historic City Hall. Staff Summary: Request for Proposals (RFP) 23-0215100 was published on January 14, 2023 for the Demolition of the Rehabilitation of Historic City Hall. Two (2) companies submitted proposals/documents which were certified by the City Clerk on March 2, 2023. The Evaluation Committee reviewed and rated the proposals accordingly. Even though the second bidder was $266,310 less expensive, the Interim City Manager, recommends approval of Diamanti Construction & Development, Inc. for the following reasons: • Diamanti Construction & Development, Inc. has expertise and experience with historic properties; • Diamanti, Construction & Development, Inc. has experience in restoring the roof of Historic City Hall and has familiarity with the property; • Diamanti Construction & Development, Inc. has provided a far shorter schedule construction, and this project needs to be expedited to the extent possible and feasible; and • Diamanti Construction & Development, Inc. recently executed work product par excellence in delivering the New Commission Chambers in a near impossible construction schedule. Financial Impact: The FY 23 budget includes $1,463,811 for the construction phase of this project (Account 44-541823), funded by $1,053,000 of grants with the remainder coming from the General Fund. Proposed Action: Staff recommends the City Commission approve the recommendation for Diamanti Construction & Development, Inc. and authorize the Interim City Manager to enter into an agreement with said company for the Rehabilitation of Historic City Hall in amount not to exceed $1,452,330.00. Attachment: RFP No. 23-0215100 Bid Certification Committee Evaluation Forms Bid Proposals Sha'mecca Lawson Assistant City Manager City of Opa-locka CITY OF OPA-LOCKA CERTIFICATION REQUEST FOR PROPOSALS RFP NO. 23-0215100 REHABILITATION OF HISTORIC CITY HALL I, Joanna Flores, City Clerk of the City of Opa-locka, Florida, do hereby certify that sealed proposal(s) were received and opened at the Opa-locka Municipal Complex, 780 Fisherman Street, 4t" Floor, Opa-locka, Florida, at 1:25 p.m. this 2"d day of March, 2023. PROPOSAL(S) RECEIVED, NAME/ADDRESS TOTAL CONSTRUCTION COST ESTIMATE 1. Diamanti Construction & Development, Inc. $ 1,452,330.00 524 N H St Lake Worth Beach, FL 33460 Contact: Mohammed S. Islam, President Tele: (561) 301-7191 Email: diamanticonstructionAgmail.com 2. Safa Construction LLC 11186 SW 17TH MNR Davie, FL 33324 Contact: MD Shahinur Rahman, CEO Tele: (954) 326-8295 Email: md.rahman(i safaconstruction.net $ 1,186,020.00 Please note that the proposal from SAFA Construction, LLC was submitted via Demand Star (e -bid) and provided to the City Clerk by the City Manager's Office on Thursday, March 2, 2023. I further certify that proposal(s) were submitted and properly opened in the presence of the following: J anna Flores, CMC ty Clerk City of Opa-locka EVALUATION FORM RFQ No. 23-0215100 Rehabilitation of Historic City Hall By signing this form as an Evaluator, I certify that I have no conflict of interest. Reviewer Name: Signature: Firm Name: Rz /40 sr: fia Mal eQA) (L(lQ )—lieigGor mitt a )c. Evaluation Notes: Criterion Experience and Qualifications / Ability of Professlonal Personnel $ Financial Ability and Resources # Local Workforce Participation 5 Schedule and Quality Control i1 Price Proposal 6 -- Firm Name: Evaluation Criterion Date: • ZeZ3 RA %g gixilankica Ala j rrR,fim Pigo T. 2,►.voSrRfrVV *p g A f e r akcz 4e__.16A3r9 VB? PflAll LAcsour oA' ()AA' 1's:1 cmN}�07 s pA c e )sr"Ri eh- at J) LG c Experience and Qualifications / Ability of Professional Personnel Financial Ability and Resources T Local Workforce Participation , Schedule and Quality Control Price Proposal tJ-" Notes: AiksA,Ogcig ixPeftuitic4 . R r'gzs, 4g' chrPgRu $ CNii,14 C g o• (,J oR X SS Nor i/d1Rt harii'Z46. / EVALUATION FORM RFQ No. 23-0215100 Rehabilitation of Historic City Hall By signing this form as an Evaluator. I certify that I have no conflict of interest. Reviewer Name: �pU7 /,�r:531.1 Signature: Firm Name: -D 14rmt 1 / 4w,skvJJ/1I D j Evaluation Notes: Criterion Experience and Qualifications / Ability of Professional Personnel A V Financial Ability and Resources Local Workforce Participation 3 Schedule and Quality Control Price Proposal Firm Name: Evaluation Criterion Experience and Qualifications / Ability of Professional Personnel y it Financial Ability and Resources A Local Workforce Participation 3 Schedule and Quality Control 1.7 Price Proposal Date: 3 /I 3/7-3 Gfdi<'1 fir. anal ter. 4 14.6,244440 Lt4-4,4LU Pa/ 1 ct(�+tit8t A -444-v 1v *hot. p24er i ..0v2 ' gx-r Pl c` .4 4t)6444.. -(. f2+!►4 Avscori 12,04.w -is t I (4 a gal v ai?.[� ,� 41i �G fit• 9�-d k 6 1 L -L - Notes: S DG lia4 fi ►G A1coak-4- V•itArca64 /Yd *3,5 Ada Y Olf 1‹..4‘41 LSO'MO ki46Q Q'lrc4 %r2 we dt 004. EVALUATION FORM RFQ No. 23-0215100 Rehabilitation of Historic City Hall By signing this form as an Evaluator, I certify that I have no conflict of interest. Reviewer Name: Signature: Firm Name: Evaluation Criterion 4 a L c j 7C ~! C1�1% 7+d L -t' Z- Date: - J !� f" Z Experience and Qualifications / Ability of Professional Personnel 4 4 Financial Ability and Resources 4 Local Workforce Participation elf. Schedule and Quality Control _31 Price Proposal •1 Firm Name: Evaluation Criterion Notes: / J f 3' !op'=/ . '14 -4 /!', r S'!•'�i lj� G. A, -7y/7 o �: ➢/ 4 1, 4-6-2. • 3.: Experience and Qualifications / Ability of Professional Personnel ,,y Financial Ability and Resources . Local Workforce Participation ,I. Schedule and Quality Control 4 - Price Proposal e Notes: ,r4 -. "-/./ /- !' f c- u s `A c.f.,: .i • / 8,6 c7 -0 c., �,, EVALUATION FORM RFQ No. 23-0215100 Rehabilitation of Historic City Hall By signing this form as an Evaluator, I certify that I have no conflict of interest. Reviewer Name: Signature: Firm Name: Evaluation Crlterlon vC Ratan Experience and Qualifications / Ability of Professional Personnel ..---- h Financial Ability and Resources fJ— Local Workforce Participation Schedule and Quality Control S Price Proposal 3 Firm Name: Evaluation Crlterlon Notes: r. -expert e Coe) viet.c71,0v. Co.t-,,D4&^j/ J .e i_n gOVf11 hn-Pv Lvdol �'rvid I+ISiorIL & ( Date: 3/13/23 ScS.oN eonSA-r04(on Experience and Qualifications / Ability of Professional Personnel _ �- Financial Ability and Resources 41 Local Workforce Participation Lj( — Schedule and Quality Control If Price Proposal Notes: £-xpier/ e.1C'-r 'vt h C „ce oC= M114.4 OrIC 6o#(C cnSS EVALUATION MATRIX RFP No. 23-0215100 Rehabilitation of Historic City Hall Firm Name: Evaluation Criterion Reviewer Name: Weight Experience and Qualifications 25% Financial Ability and Resources 5% Local Workforce Participation 10% Schedule and Quality Control 5% Price Proposal 55% Total 100% Firm Name: Evaluation Criterion Reviewer Name: Weight Experience and Qualifications 25% Financial Ability and Resources 5% Local Workforce Participation 10% Schedule and Quality Control 5% Price Proposal 55% Total 100% Diamanti Construction & Development, Inc. Airia Rating Austin Score 5 1.25 4 0.20 5 0.50 4 0.20 5 2.75 4.90 Gregory Rating Gay Score 4 1.00 4 0.20 3 0.30 4 0.20 3 1.65 3.35 Carlos Gonzalez Rating Score 4 1.00 4 4 5 4 0.20 0.40 0.25 2.20 4.05 Safa Construction LLC Airia Rating Austin Score 4 1.00 3 0.15 3 0.30 3 0.15 5 2.75 4.35 Gregory Rating Gay Score 4 1.00 4 0.20 3 0.30 3 0.15 4 2.20 3.85 King Leonard Rating Score 5 1.25 5 0.25 5 0.50 5 0.25 3 1.65 3.90 Carlos Gonzalez Rating Score 4 1.00 4 0.20 4 0.40 4 0.20 4 2.20 4.00 King Leonard Rating Score 5 1.25 4 0.20 4 0.40 5 0.25 4 2.20 4.30 EVALUATION MATRIX RFP No. 23-0215100 Rehabilitation of Historic City Hall FIRM SELECTED Reviewer: Airia Austin Gregory Gay Carlos Gonzalez King Leonard 0 AVERAGE RATING Diamanti Construction & Development, Inc. 4.90 3.35 4.05 3.90 0.00 Safa Construction LLC 4.35 3.85 4.00 4.30 0.00 3.24 3.30 AGREEMENT FOR THE REHABILITATION OF HISTORIC CITY HALL THIS IS AN AGREEMENT, dated the day of . 2023, between: THE CITY OF OPA-LOCKA, a Florida municipal corporation, hereinafter "CITY" and DIAMANTI CONSTRUCTION & DEVELOPMENT, INC. INCORPORATED a Florida Corporation, hereinafter "CONTRACTOR." WITNESSETH: In consideration of the mutual terms and conditions, promises, covenants, andpayments hereinafter set forth, CITY and CONTRACTOR agree as follows: ARTICLE 1 PREAMBLE In order to establish the background, context and form of reference for this Agreement and to generally express the objectives, and intentions, of the respective parties herein, the following statements, representations and explanations shall be accepted as predicates for the undertakings and commitments included within the provisions which follow and may be relied upon by the parties as essential elements of the mutual considerations upon which this Agreement is based. 1.1 CITY is in need of a CONTRACTOR to provide the services for a project titled, Rehabilitation of Historic City Hall. 1.2 CITY finds it necessary to seek a professional, full -service company to rehabilitate Historic City Hall, within the City. 1.3 CITY issued RFP 23-0215100 ("RFP"), seeking a professional company with the knowledge and ability to perform the services sought. 1.3 At its meeting of April 12, 2023, CITY selected CONTRACTOR to perform services needed that will provide professional full services of a Rehabilitation company. 1.4 Contractor's firm will be responsible for the Rehabilitation of Historic City Hall, within the City. CONTRACTOR's project team agrees to demonstrate the necessary experience, skills, and understanding for services rendered pursuant to RFP No. 23-0215100. 1 1 ARTICLE 2 SCOPE OF WORK 2.1 CONTRACTOR shall furnish all of the materials, tools, supplies, and labor necessary to perform all of the work described in the Request for Proposals RFP 23-0215100, a copy of which is attached hereto and specifically made a part of this Agreement as Exhibit "A", Scope of Services. 2.2 CONTRACTOR shall abide by all specifications outlined in RFP 23-0215100. 2.3 CONTRACTOR hereby represents to CITY, with full knowledge that CITY is relying upon these representations when entering into this Agreement with CONTRACTOR, and that CONTRACTOR has the professional expertise, experience and manpower to perform the services to be provided by CONTRACTOR as set forth in CONTRACTOR's response to RFP. 2.3 CONTRACTOR assumes professional and technical responsibility for performance of its services to be provided hereunder in accordance with applicable recognized professional standards and relevant Florida Statutes. ARTICLE 3 COMMENCEMENT OF SERVICES 3.1 The CONTRACTOR shall commence work as directed by CITY upon the effective date this Agreement is executed by both parties. ARTICLE 4 CONTRACT SUM 4.1 The CITY hereby agrees to pay CONTRACTOR for the faithful performance of this Agreement, for work completed in accordance with this Agreement and RFP 23-0215100. The payment for services pursuant to this Agreement shall not exceed One Million, Four Hundred Fifty -Two Thousand, Three Hundred Thirty Dollars ($1,452,330.00). 4.2 CONTRACTOR shall be solely responsible for and shall provide for the payment of workers compensation insurance coverage and premium, and all other insurance pursuant to Article 5 below, withholding taxes, FICA, pension and profit-sharing contributions, retirement contributions, if any, all remunerations; all labor contract compliance, and all other charges, fees, permits and expenses associated with the employment of such personnel provided by CONTRACTOR hereunder. CITY shall bear no responsibility for any such charge, fees, permits or expenses associated with the employment of such personnel by CONTRACTOR. 4.3 Payment to CONTRACTOR for all tasks and charges under this Agreement shall be based on the following conditions: A. Disbursements. There are no reimbursable expenses associated with this Agreement. 2 1 B. Payment Schedule. Invoices received from CONTRACTOR pursuant to this Agreement will be reviewed by the appropriate financial staff. If services havebeen rendered in conformity with the Agreement, the invoice will be sent to theCity of Opa-locka's Finance Department for payment and may need to be subsequently approved by the State of Florida. C. Availability of Funds. CITY's performance and obligation to pay under this Agreement is contingent upon an annual appropriation from the CITY. D. Final Invoice. In order for both parties herein to close their books and records,the CONTRACTOR will clearly state "final invoice" on the CONTRACTOR's final bill to the CITY. 4.4 The making and acceptance of the final payment shall constitute a waiver of all claimsby the CITY. It shall also constitute a waiver of all claims by the CONTRACTOR, except those previously made and still unsettled. ARTICLE 5 CONTRACTOR'S LIABILITY INSURANCE 5.1 The CONTRACTOR shall not commence work under this contract until it has obtained all insurance required under this paragraph and such insurance has been approved by the CITY nor shall the CONTRACTOR allow any Subcontractor to commence work on his sub -contract until all similar such insurance required of the subcontractor has been obtained and approved. 5.2 Certificates of insurance, reflecting evidence of the required insurance, shall be filed with the CITY prior to the commencement of the work. These Certificates shall contain a provision that coverage afforded under these policies will not be canceled until at least thirty days (30) prior written notice has been given to the CITY. Policies shall be issued by companies authorized to do business under the laws of the State of Florida. 5.3 Financial Ratings must be no less than "A" in the latest edition of "Bests Key Rating Guide", published by A.M. Best Guide. 5.4 Insurance shall be in force until all work required to be performed under the terms ofthe Contract is satisfactorily completed as evidenced by the formal acceptance by the CITY.In the event the insurance certificate provided indicates that the insurance shall terminate and lapse during the period of this contract, then in that event, the CONTRACTOR shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed certificate of insurance as proof that equal and like coverage for the balance of the period ofthe contract and extension thereunder is in effect. The CONTRACTOR shall not continue to work pursuant to this contract unless all required insurance remains in full force and effect. 5.5 Comprehensive General Liability insurance to cover bodily injury liability and property damage liability with minimum limits of One Million Dollars ($1,000,000.00) per occurrences. Exposures to be covered are: • Premises and Operation 3IPagc • Products/Completed Operations • Broad Form Property Damages • Broad Form Contractual Coverage applicable to this specific Agreement, including any hold harmless and/or indemnification agreement. • Personal Injury Coverage with Employee and Contractual Exclusions removed,with minim limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, and must include: • Owned vehicles • Hired and Non -Owned Vehicles • Employers' Non -Ownership. 5.6 The CONTRACTOR shall hold the CITY, the City of Opa-locka their agents, and employees, harmless on account of claims for damages to persons, property or premisesarising out of the operations to complete this Agreement and name the CITY as an additionalinsured under their policy. 5.7 The CITY reserves the right to require any other insurance coverage it deems necessary depending upon the exposures. ARTICLE 6 PROTECTION OF PROPERTY 6.1 At all times during the performance of this Contract, the CONTRACTOR shall protect the CITY's property and properties adjoining the Project site from all damage whatsoever onaccount of the work being carried on pursuant to this Agreement. ARTICLE 7 CONTRACTOR'S INDEMNIFICATION 7.1 The CONTRACTOR agrees to release the CITY from and against any and all liability and responsibility in connection with the above -mentioned matters. The CONTRACTOR further agrees not to sue or seek any money or damages from CITY in connection with the above - mentioned matters, except in the event that the CITY fails to pay to CONTRACTOR thefees and costs as provided for in Article 4 herein. 7.2 The CONTRACTOR agrees to indemnify and hold harmless the CITY, its trustees, elected and appointed officers, agents, servants and employees, from and against any and all claims, demands, or causes of action of whatsoever kind or nature, and the resulting losses, costs, expenses, reasonable attorneys' fees, liabilities, damages, orders, judgments, or decrees,sustained by the CITY or any third party arising out of, or by reason of, or resulting from the 41 CONTRACTOR's negligent acts, errors, or omissions. 7.3 If a court of competent jurisdiction holds the CITY liable for certain tortious acts of its agents, officers, or employees, such liability shall be limited to the extent and limit provided in 768.28, Florida Statutes. This provision shall not be construed as a waiver of any right or defense that the CITY may possess. The CITY specifically reserves all rights as against any and all claims that may be brought. ARTICLE 8 INDEPENDENT CONTRACTOR 8.1 This Agreement does not create an employee/employer relationship between the parties. It is the intent of the parties that the CONTRACTOR is an independent contractor under this Agreement and not the CITY's employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers Compensation Act, and the State unemployment insurance law. The CONTRACTOR shall retain sole and absolute discretion in the judgment of the manner and means of carrying out the CONTRACTOR's activities and responsibilities hereunder provided. This Agreement shall not be construed as creating any joint employment relationship between the CONTRACTOR and the CITY and the CITY will not be liable for any obligation incurred by CONTRACTOR, including but not limited to unpaid minimum wages and/or overtime premiums. ARTICLE 9 CHANGES TO SCOPE OF WORK AND ADDITIONAL WORK 9.1 CITY or CONTRACTOR may request changes that would increase, decrease or otherwise modify the Scope of Services/Basic Services to be provided under this Agreementas described in Article 2 of this Agreement. Such changes or additional services must be in accordance with a written amendment, executed by the parties hereto, with the same formality and with equality and dignity prior to any deviation from the terms of this Agreement, including the initiation of any additional or extra work. Each amendment shall at a minimum include the following information on each project: PROJECT NAME PROJECT DESCRIPTION ESTIMATED PROJECT COST ESTIMATED COST FOR ADDITION OR CHANGE TO PROJECT CONTRACT ESTIMATED PROJECT COMPLETION DATE 5 1 1 9.2 In no event will the CONTRACTOR be compensated for any work which has not been described in a separate written agreement executed by the parties hereto. ARTICLE 10 TERM AND TERMINATION 10.1 This Agreement shall commence upon execution of this Agreement and shall not exceed six months. 10.2 This Agreement may be terminated by either party for cause, or the CITY for convenience, upon thirty (30) days written notice by the CITY to CONTRACTOR in which event the CONTRACTOR shall be paid its compensation for services performed to termination date. In the event that the CONTRACTOR abandons this Agreement or causes itto be terminated, he shall indemnify the CITY against any loss pertaining to this terminationup to a maximum of the full contracted fee amount. All finished or unfinished documents, data, studies, plans, surveys, and reports prepared by CONTRACTOR shall become the property of CITY and shall be delivered by CONTRACTOR to CITY. ARTICLE 11 CONTRACT DOCUMENTS 11.1 CONTRACTOR and CITY hereby agree that the following Specification and Contract Documents, which are attached hereto and made a part thereof, are fully incorporated herein and made a part of this Agreement, as if written herein word for word: this Agreement; RFP 23-0215100, Exhibit "A", and the Scope of Services attached hereto as Exhibit "B". ARTICLE 12 MISCELLANEOUS 12.1 Legal Representation. It is acknowledged that each party to this Agreement had the opportunity to be represented by counsel in the preparation of this Agreement and, accordingly, the rule that a contract shall be interpreted strictly against the party preparingsame shall not apply due to the joint contribution of both parties. 12.2 Assignments. This Agreement, or any interest herein, shall not be assigned, transferred, or otherwise encumbered, under any circumstances, by CONTRACTOR withoutthe prior written consent of CITY. For purposes of this Agreement, any change of ownershipof CONTRACTOR shall constitute an assignment which requires CITY approval. However, this Agreement shall run to the CITY and its successors and assigns. 12.3 Records. CONTRACTOR shall keep books and records and require any and all subcontractors to keep books and records as may be necessary in order to record complete and correct entries as to personnel hours charged to this engagement, and any expenses for which CONTRACTOR expects to be reimbursed, if applicable. 6 Such books and records shall be available at all reasonable times for examination and audit by CITY and shall be kept for aperiod of three (3) years after the completion of all work to be performed pursuant to this Agreement. Incomplete or incorrect entries in such books and records will be grounds for disallowance by CITY of any fees or expenses based upon such entries. CITY is a public agency subject to Chapter 119, Florida Statutes. To the extent CONTRACTOR is acting on behalf of CITY pursuant to Section 119.0701, Florida Statutes, CONTRACTOR shall: a. Keep and maintain public records that ordinarily and necessarily would be required to be kept and maintained by CITY were CITY performing the services under this agreement; b. Provide the public with access to such public records on the same terms and conditions that the County would provide the records and at a cost that does not exceed that provided in Chapter 119, Florida Statutes, or as otherwise provided by law; c. Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and d. Meet all requirements for retaining public records and transfer to CITY, at no cost,all public records in possession of the CONTRACTOR upon termination of this Agreement and destroy any duplicate public records that are exempt or confidentialand exempt. All records stored electronically must be provided to the CITY. 12.4 Ownership of Documents. Reports, surveys, plans, studies and other data provided in connection with this Agreement are and shall remain the property of CITY. 12.5 No Contingent Fees. CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this Agreement, and that it has not paid or agreed to payany person, company, corporation, individual or firm, other than a bona fide employee working solely for CONTRACTOR, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the CITY shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwiserecover the full amount of such fee, commission, percentage, gift or consideration. 12.6 Notice. Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by registered United States mail or national delivery service withverified confirmation. If by mail, with return receipt requested, addressed to the party for whom it is intended and the remaining party, at the places last specified, and the places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this section. For the present, the CONTRACTOR and the CITY designate the following as the respective places for giving of notice: 71 1' CITY: Copy To: Contractor: Darvin Williams, Interim City Manager City of Opa-locka Municipal Complex 780 Fisherman Street, Fourth Floor Opa- Locka, FL 33054 Burnadette Norris -Weeks, City Attorney Burnadette Norris -Weeks, P.A. 401 North Avenue of the Arts Fort Lauderdale, Florida 33311 Mohammed S. Islam, President 524 N H Street Lake Worth Beach, FL 33460 12.7 Binding Authority. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalfof the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 12.8 Exhibits. Each Exhibit referred to in this Agreement forms an essential part of this Agreement. The exhibits if not physically attached should be treated as part of this Agreement and are incorporated herein by reference. 12.9 Headings. Headings herein are for convenience of reference only and shall not be considered on any interpretation of this Agreement. 12.10 Severability. If any provision of this Agreement or application thereof to any person or situation shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those asto which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 12.11 Governing Law. This Agreement shall be governed by the laws of the State of Floridawith venue lying in Miami -Dade County, Florida. 12.12 Disputes. Any claim, objection, or dispute arising out of the terms of this Agreementshall be litigated in the Eleventh Judicial Circuit Court in and for Miami -Dade County. 12.13 Attorney's Fees. To the extent authorized by law, in the event that either party brings suit for enforcement of this Agreement, the prevailing party shall be entitled to attorney's fees and court costs in addition to any other remedy afforded by law. 12.14 Extent of Agreement. This Agreement together with Contract Documents, attached as an Exhibit hereto, as amended herein above represents the entire and integrated agreement between the CITY and the CONTRACTOR and supersedes all prior negotiations, representations or agreements, either written or oral. 8 1 1' 12.15 Waiver. Failure of the CITY to insist upon strict performance of any provision or condition of this Agreement, or to execute any right therein contained, shall not be construedas a waiver or relinquishment for the future of any such provision, condition, or right, but thesame shall remain in full force and effect. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the dayand year first written above. City of Opa-Locka ATTEST: BY: Joanna Flores City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Burnadette Norris -Weeks, City Attorney Darvin Williams Interim City Manager 9IPagc CONTRACTOR WITNESSES: BY: Mohammed S. Islam President ATTEST: SECRETARY STATE OF FLORIDA ) SS: COUNTY OF MIAMI-DADE) BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared as , of a Florida corporation, and acknowledged executed the foregoing Agreement as the proper official of , for the use and purposes mentioned in it and affixed the official seal ofthe corporation, and that the instrument is the act and deed of that corporation. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at inthe State and County aforesaid on this day of , 2023. NOTARY PUBLIC My Commission Expires: EXHIBIT "A" RFP 23-0215100 ("RFP"), City of Opa-locka RFP NO: 23-0215100 REQUEST FOR PROPOSAL (RFP) REHABILITATION OF HISTORIC CITY HALL CITY OF OPA-LOCKA RFP NO. 23-0215100 REHABILITATION OF HISTORIC CITY HALL TABLE OF CONTENTS Subject Page Number Cover 1 Table of Contents 2 Advertisement 3 Part I - Proposal Guidelines 4 Part II - Nature of Services Required 8 Part III - Proposal Requirements 10 Part IV - Evaluation of Proposals 12 Proposer Qualifications 14 Price Proposal 15 Debarment, Suspension Certification 16 Drug -Free Certification 18 Non -Collusion Affidavit 19 Non -Discrimination Affidavit 20 E -Verify Form 21 2 1 CITY OF OPA-LOCKA REQUEST FOR PROPOSALS RFP NO: 23-0215100 REHABILITATION OF HISTORIC CITY HALL Sealed Proposals for the Rehabilitation of Historic City Hall will be received by the City of Opa-locka at the Office of the City Clerk, 780 Fisherman St, 4th Floor, Opa-locka, Florida 33054, Wednesday, February 15, 2023 by 1:00 p.m. Any RFP Package received after the designated closing time will be returned unopened. The City of Opa-locka will be accepting proposals by mail, however it is your responsibility to submit your proposal by the due date. In addition, proposals may be submitted via www.demandstar.com (e -bid). 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 An original and six (6) copies for a total of seven (7) plus 1 copy of the Proposal package on USB Flash Drive in PDF format shall be submitted in sealed envelopes/packages addressed to the City Clerk, City of Opa-locka, Florida, and marked RFP for Rehabilitation of Historic City Hall. Proposers desiring information for use in preparing proposals may obtain a set of such documents by visiting the City's website at www.opalockafl.gov or www.demandstar.com. The City reserves the right to accept or reject any and all proposals and to waive any technicalities or irregularities therein. The City further reserves the right to award a contract to that proposer whose proposal best complies with the RFP NO: 23-0215100 requirements. Proposers may not withdraw their proposal for a period of ninety (90) days from the date set for the opening thereof. A pre -bid meeting will be held on Wednesday, January 25, 2023 at 9:00 a.m. at 780 Fisherman Street, 4th Floor (Human Resources Conference Room), Opa-locka, FL 33054 and via Microsoft Teams. To participate via Microsoft Teams, please use the information listed below: Meeting ID: 276 004 676 62 Passcode: eDBwXM Or call in (audio only) +1 786-598-2011.,645022383# United States, Miami Phone Conference ID: 645 022 383# Joanna Flores, CMC City Clerk 3 RFP NO. 23-0215100 REHABILITATION OF HISTORIC CITY HALL PART I PROPOSAL GUIDELINES Introduction: The City of Opa-locka is requesting proposals from qualified professional companies to provide and serve as project architect/ engineer/ general contractor associated with the design, renovation, and installation for Rehabilitation of Historic City Hall. 1-2. Proposal Submission and Withdrawal: The City of Opa-locka will be accepting proposals by mail, however it is your responsibility to submit your proposal by the due date. In addition, proposals may be submitted via www.demandstar.com (e - bid). The City must receive all proposals by 1:00 pm on Wednesday. February 15, 2023. 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 To facilitate processing, please clearly mark the outside of the proposal package as follows: RFP NO. 23-0215100 -REHABILITATION OF HISTORIC CITY HALL. This package shall also include the Proposer's return address. Proposers may withdraw their proposals by notifying the City in writing at any time prior to the deadline for proposal submittal. After the deadline, the proposal will constitute an irrevocable offer, for a period of 90 days. Once opened, proposals become a record of the CITY and will not be returned to the Proposer. The City cautions proposers to assure actual delivery of mailed or hand -delivered proposals directly to the City Clerk's Office at 780 Fisherman Street, 4th Floor, Opa- locka, Florida 33054 prior to the deadline set for receiving proposals. Telephone confirmation of timely receipt of the proposal may be made by calling (305) 688-4611 before proposal closing time. Any proposal received after the established deadline will not be considered and will be returned unopened to the Proposer(s). 1-3. Number of Copies: Proposers shall submit an original and six (6) copies (a total of 7) plus one copy on CD in PDF format of the proposal in a sealed, opaque package marked as noted above. The Proposer will be responsible for timely delivery, whether by personal delivery, US Mail or any other delivery medium. 1-4. Development Costs: Neither the City nor its representatives shall be liable for any expenses incurred in connection with preparation of a response to this Request for 41 Proposal. Proposers should prepare their proposals simply and economically, providing a straightforward and concise description of the Proposer's ability to meet the requirements of the RFP. 1-5. Inquiries: The City Clerk will receive written requests for clarification concerning the meaning or interpretations of the RFP, until eight (8) days prior to the submittal date. City personnel are authorized only to direct the attention of prospective Proposers to various portions of the RFP so that they may read and interpret such for themselves. No employee of the City is authorized to interpret any portion of this RFP or give information as to the requirements of the RFP in addition to what is contained in the written RFP document. 1-6. Addendum: The City may record its response to inquiries and any supplemental instructions in the form of written addenda. The CITY may mail written addenda up to three (3) calendar days before the date fixed for receiving the proposals. Proposers shall contact the City to ascertain whether any addenda have been issued. Failure to do so could result in an unresponsive proposal. Any oral explanation given before the RFP opening will not be binding. All Proposers are expected to carefully examine the proposal documents. Any ambiguities or inconsistencies should be brought to the attention of the City's Purchasing Agent through written communication prior to the opening of the proposals. 1-7. Contract Awards: The City anticipates entering into an Agreement with the Proposer who submits the proposal judged by the City to be most advantageous. The Proposer understands that this RFP does not constitute an offer or an Agreement with the Proposer. An offer or Agreement shall not be deemed to exist and is not binding until proposals are reviewed, accepted by appointed staff. The City reserves the right to reject all proposals, to abandon the project and/or to solicit and re -advertise for other proposals. 1-8. Contractual Agreement: This RFP and Consultant/Contractor proposal shall be included and incorporated in the final award. The order of contractual precedence will be the Contract or Agreement document, original Terms and Conditions, and Proposer response. Any and all legal action necessary to enforce the award will be held in Miami -Dade County and the contractual obligations will be interpreted according to the laws of Florida. Any additional contract or agreement requested for consideration by the Proposer must be attached and enclosed as part of the proposal. 1-9. Selection Process: The proposals will be evaluated and assigned points. The firm with the highest number of points will be ranked first; however, nothing herein will prevent the City from assigning work to any firm deemed responsive and responsible. 5 I 1> ",I _r The City reserves the right to further negotiate any proposal, including price, with the highest rated Proposer. If an agreement cannot be reached with the highest rated Proposer, the City reserves the right to negotiate and recommend award to the next highest Proposer or subsequent Proposers until an agreement is reached. 1-10. Public Records: Upon award recommendation or ten (10) days after opening, whichever occurs first, proposals become "public records" and shall be subject to public disclosure consistent with Chapter 119 Florida Statutes. Proposers must invoke the exemptions to disclosure provided by law in the response to the RFP and must identify the data or other materials to be protected and must state the reasons why such exclusion from public disclosure is necessary. Document files may be examined, during normal working hours. 1-11. News Releases: The Proposer shall obtain the prior approval of the City Manager's Office of all news releases or other publicity pertaining to this RFP or the service, study or project to which it relates. 1-12. Insurance: The awarded Proposer(s) shall maintain insurance coverage reflecting at least the minimum amounts and conditions specified herein. In the event the Proposer is a governmental entity or a self -insured organization, different insurance requirements may apply. Misrepresentation of any material fact, whether intentional or not, regarding the Proposers' insurance coverage, policies or capabilities may be grounds for rejection of the proposal and rescission of any ensuing Agreement. 1. Evidence of General Liability coverage with limits not less than $1,000,000 per Occurrence/ $2,000,000 Aggregate (Including Policy Number and Policy Period); 2. Evidence of Auto Liability coverage with limits not less than $1,000,000 per Occurrence/$1,000,000 Aggregate (Including Policy Number and Policy Period); 3. Evidence of Workers' Compensation coverage with statutory limits and Employer's Liability coverage with limits not less than $100,000 (Including Policy Number and Policy Period); 4.The City listed as an additional insured (this may be specifically limited to the specific job(s) the contractor will be performing); 5. Minimum 30 -day written notice of cancellation. 1-13. Licenses: Proposers, both corporate and individual, must be fully licensed and certified in the State of Florida at the time of RFP submittal. The proposal of any Proposer who is not fully licensed and certified shall be rejected. 1-14. Public Entity Crimes: Award will not be made to any person or affiliate identified on the Department of Management Services' "Convicted Vendor List". This list is defined as consisting of persons and affiliates who are disqualified from public contracting and purchasing process because they have been found guilty of a public 61 I) ,t L, entity crime. No public entity shall award any contract to or transact any business in excess of the threshold amount provided in Section 287.017 Florida Statutes for Category Two (currently $25,000) with any person or affiliated on the "Convicted Vendor List" for a period of thirty-six (36) months from the date that person or affiliate was placed on the "Convicted Vendor List" unless that person or affiliate has been removed from the list. By signing and submitting the RFP proposal forms, Proposer attests that they have not been placed on the "Convicted Vendor List". 1-15. Code Of Ethics: If any Proposer violates or is a party to a violation of the code of ethics of the City of Opa-locka or the State of Florida with respect to this proposal, such Proposer may be disqualified from performing the work described in this proposal or from furnishing the goods or services for which the proposal is submitted and shall be further disqualified from submitting any future proposals for work, goods or services for the City of Opa-locka. 1-16. Drug -Free Workplace: Preference shall be given to businesses with Drug -Free Workplace (DFW) programs. Whenever two or more proposals which are equal with respect to price, quality, and service are received by the City for the procurement of commodities or contractual services, a proposal received from a business that completes the attached DFW form certifying that it is a DFW shall be given preference in the award process. 1-17. Permits and Taxes: The Proposer shall procure all permits, pay all charges, fees, and taxes, and give all notices necessary and incidental to the due and lawful prosecution of the work 1-18. Protests: Protests of the plans, specifications, and other requirements of the request for proposal and bids must be received in writing by the City Clerk's Office at least ten (10) working days prior to the scheduled bid opening. A detailed explanation of the reason for the protest must be included. Protests of the award or intended award of the bid or contract must be in writing and received in the City Clerk's Office within seven (7) working days of the notice of award. A detailed explanation of the protest must be included. 1-19. Termination for Convenience: A contract may be terminated in whole or in part by the City at any time and for any reason in accordance with this clause whenever the City shall determine that such termination is in the best interest of the City. Any such termination shall be affected by the delivery to the contractor at least five (5) working days before the effective date of a Notice of Termination specifying the extent to which performance shall be terminated and the date upon which termination becomes effective. An equitable adjustment in the contract price shall be made for the completed service, but no amount shall be allowed for anticipated profit on unperformed services. 7 1 1' ;� r` PART II MINIMUM SPECIFICATIONS SCOPE OF SERVICES: The scope of work includes the new interior walls and ceiling finishes, restroom renovations, replacement of exterior doors and windows, new interior doors, stucco repairs, wood detailing repairs and restoration, new lighting and electrical devices, new mechanical and plumbing systems, upgrade of fire alarm and fire protection systems, new roofing for entire complex and observation tower repairs and restoration. Landscape improvements at courtyards and restoration of a fountain along with restoration of existing historic finishes, light fixtures, and historic details; new painting throughout. Selective demolition and indoor air quality testing and mold remedial if required. The structure shall current requirements for 40 year building structural and electrical recertification. The Contractor shall perform the complete work described herein or reasonably inferable there from, including all demolition and construction services, supervision, administration services, coordination of all Subcontractors, tests, inspections, and other items that are necessary to and appropriate for the finishing, equipping and functioning of the facilities and structures, together with all additional, collateral and incidental work and services required for the completion of the work. BONDING REQUIREMENTS The PROPONENT, in submitting this Bid, shall include a Bid Bond in the amount of 5% of the total amount of the base Bid on the Bid Bond Form included herein. A company or personal check shall not be deemed a valid Bid Security. PERFORMANCE AND PAYMENT BOND The City of Opa-locka shall require the successful PROPONENT to furnish a Performance Bond and Payment Bond, each, in the amount of 100% of the total Bid Price, including Alternates if any, with the City of Opa-locka as the oblige, as security for the faithful performance of the Contract and for the payment of all persons performing labor or furnishing materials in connection herewith. The bonds shall be with a surety company authorized to do business in the State of Florida. GOVERNMENTAL RESTRICTIONS In the event any governmental restrictions may be imposed which would necessitate alteration of the material quality, workmanship, or performance of the items offered on this Bid prior to their delivery, it shall be the responsibility of the successful PROPONENT to notify the City at once, indicating in its letter the specific regulation which required an alteration. The City of Opa-locka reserves the right to accept any such alteration, including any price adjustments occasioned thereby, or to cancel at no further expense to the City. 81 I' AWARD OF BIDS The City of Opa-locka reserves the right to award the bid to the lowest, most responsive, responsible PROPONENT, as determined by the City Commission, however the right of the City to reject any and all bids, to waive any irregularity in the bids or bidding procedure and subject also to the right of the City to award bid and contract to PROPONENTS other than the low PROPONENT. EVALUATION OF BIDS The City, at its sole discretion, reserves the right to inspect any/all PROPONENT'S facilities to determine its capability of meeting the requirements for the Contract. Also, price, responsibility and responsiveness of the PROPONENT, the financial position, experience, staffing, equipment, materials, references, and past history of service to the City and/or with other units of state, and/or local governments in Florida, or comparable private entities, will be taken into consideration in the Award of the Contract. IDENTICAL (TIE BIDS) Shall be awarded by the City in compliance with Florida State Statutes providing for a drug free workplace. That is, in the event of an identical Tie Bid, a preference shall be given to a business having a drug free workplace under Florida Statute Section 287.087, as amended. In case both bidders have a drug free workplace the preference will be given to local bidders or has commitment to include local sub-contractor(s). Failure to provide proof of compliance when requested shall be cause for rejection of the Bid as determined by the City. HOLD HARMLESS All PROPONENTS shall hold the City, it's officials and employees harmless and covenant not to sue the City, it's officials and employees in reference to its decisions to reject, award, or not award a Bid, as applicable. NON-CONFORMANCE TO CONTRACT The City of Opa-locka may withhold acceptance of, or reject items which are found upon examination, not to meet the specification requirements. Upon written notification of rejection, items shall be removed within five (5) calendar days by the vendor at its own expense and redelivered at its expense. Rejected goods left longer than thirty (30) calendar days will be regarded as abandoned and the City shall have the right to dispose of them as its own property. Rejection for non-conformance or failure to meet delivery schedules may result in the Contract being found in default. 9IPage DEFAULT PROVISION In case of default by the PROPONENT or CONTRACTOR, the City of Opa-locka may procure the articles or services from other sources and hold the PROPONENT or CONTRACTOR responsible for any excess costs occasioned or incurred thereby. INDEMNIFICATION The CONTACTOR shall indemnify, save harmless, and defend the City of Opa-locka, it's officers, agents and employees from and against any claims, demands or causes of action or nature arising out of error, omission, negligent act, conduct, or misconduct of the CONTRACTOR, its agents, servants or employees in the provision of goods or the performance of services pursuant to this Bid and/or from any procurement decision of the CITY including without limitation, awarding the Contract to the CONTRACTOR. 11.21 SECONDARY/OTHERVENDORS The CITY reserves the right in the event the primary vendor cannot provide an item(s) or service(s) in a timely manner as requested, to seek other sources without violating the intent of the Contract. 11.22 BID GUARANTEE The successful PROPONENT shall execute the Contract (Agreement) and provide the required Performance Bond, Payment Bond and Certificates of Insurance within ten (10) calendar days of Notice of Award by the City. The PROPONENT who has the Contract awarded to him and who fails to furnish the Performance and Payment Bonds and Insurance Certificates within the specified time shall forfeit the Bid Security that accompanied his Bid, and the Bid Security shall be retained as liquidated damages by the City. Bid Security deposited in the form of a cashier's check drawn on a local bank in good standing shall be subject to the same requirements as a Bid Bond. 11.23 TIME OF COMPLETION The time of completion of the work to be performed under this contract is the essence of the contract. Delays and extensions of time may be allowed only in accordance with the provisions stated in the appropriate section of the General Conditions. There shall be a $1500 a day liquidated damages for every day that the project is not completed per the agreed upon schedule. 11.24 SIGNATURE The legal name of the person or firm submitting the Proposal should be inserted in Schedule C. The Proposal should be signed by a person authorized to sign on behalf of the Proponent and include the following: 101 Page (a)If the Proponent is a corporation then the full name of the corporation should be included, together with the names of authorized signatories. The Proposal should be executed by all of the authorized signatories or by one or more of them provided that a copy of the corporate resolution authorizing those persons to execute the Proposal on behalf of the corporation is submitted; (b) If the Proponent is a partnership or joint venture then the name of the partnership or joint venture and the name of each partner or joint ventures should be included, and each partner or joint ventures should sign personally (or, if one or more person(s) have signing authority for the partnership or joint venture, the partnership or joint venture should provide evidence to the satisfaction of the City that the person(s) signing have signing authority for the partnership or joint venture). If a partner or joint ventures is a corporation then such corporation should sign as indicated in subsection (a) above; or (c)If the Proponent is an individual, including a sole proprietorship, the name of the individual should be included. EVALUATION AND SELECTION EVALUATION TEAM The evaluation of Proposals will be undertaken on behalf of the City by the Evaluation Team. The Evaluation Team may consult with others including City staff members, third party consultants and references, as the Evaluation Team may in its discretion decide is required. The Evaluation Team will give a written recommendation for the selection of a Preferred Proponent or Preferred Proponents to the City. EVALUATION CRITERIA The Evaluation Team will compare and evaluate all Proposals to determine the Proponent's strength and ability to provide the Services in order to determine the Proposal which is most advantageous to the City, using the following criteria: (a) EXPERIENCE & REFERENCES The City will consider the proponent's past experience in undertaking similar projects in type, scope, and budget and complexity: 25 pts. List the profile, experience, and qualifications of the firm, along with the names, addresses, telephone numbers, licenses, educational background, applicable certifications, identification of the services provided to historic structures in Florida. Bidders without historic building experience will not be considered for evaluation. Below is a listing of the minimum items that should be submitted: General information about the firm ➢ Name, physical address, email and phone number of the firm ➢ List of firm's insurance policies, the insurer, and policy numbers ➢ List names and titles of officers of the firm who are directly responsible for engineering and construction services ➢ Project Organizational Chart with staff availability ➢ Project Manager's name and experience ➢ Resume of each individual (including sub -selected bidders) who will be assigned to the project(s), including education, experience, and any other pertinent information shall be included for each team ➢ Information pertaining to the firm's compliance with state licensing ➢ Names of sub-bidder(s) the selected bidder intends to use for this RFP ➢ Experience of the firm(s) in performing design and construction of building structures ➢ Detailed list of services available directly from the company ➢ Quality Control Process ➢ Project Management System ➢ Scheduling and Cost Control ➢ Technical Approach specific to the Project ➢ Proof of appropriate Florida certifications and licenses ➢ Fee Schedule - Standard fee schedule The Evaluation Team will consider the Proponent's organization and proposed project team past experience in undertaking similar construction projects in type, scope, budget, and complexity. Proponent shall identify its past experience for providing Services that are MOST RELATED TO THIS PROJECT within the last five (5) years. List the projects in order of priority, with the most relevant project listed first. (b) FINANCIAL ABILITY AND RESOURCES The Evaluation Team will consider the Proponent's organization's financial ability and resources to carry out the project: 5 pts. (c) LOCAL WORKFORCE PARTICIPATION The Evaluation Team will consider the Proponent's organization ability to implement initiatives in compliance with section 3 Federal requirements for local employment, training and contracts with project area businesses. The bidders are encouraged to demonstrate intent to hire local resident within the city limits. Project -specific policy to hire local residents with numbers, i.e., how many project -specific employees are projected to be hired from the city is expected to be included in the bid package: 10 pts. 121 Page (d) SCHEDULE AND QUALITY CONTROL The City will consider the Proponent's proposed project Quality control with timeline inclusive of mobilization and completion: 5 pt. The Evaluation Team will consider the Proponent's organization proposed project timeline inclusive of mobilization, construction schedule, milestones, closeout and completion. (e) PRICE PROPOSAL The City will consider the proponent's price proposal only in terms of accuracy, completeness, value, local market and substantiated industry standards: 55 pts. The Evaluation Team will consider the Proponent's price proposal in terms of accuracy, completeness, value, local market and substantiated industry standards. The Evaluation Team will consider the Proponent's responses to attached questionnaires and all other forms and documents being a part of this RFP and Proponent's submittal. Items A to E will comprise a technical review as further described in this RFP. Item F will represent the price proposal. The Evaluation Team will not be limited to the criteria referred to above, and the Evaluation Team may consider other criteria that the team identifies as relevant during the evaluation process. The Evaluation Team may apply the evaluation criteria on a comparative basis, evaluating the Proposals by comparing one Proponent's Proposal to another Proponent's Proposal. All criteria considered will be applied evenly and fairly to all Proposals. 13. DISCREPANCIES IN PROPONENT'S FINANCIAL PROPOSAL If there are any obvious discrepancies, errors or omissions in the Price Proposal (Proponent's Financial Proposal), then the City shall be entitled to make obvious corrections, but only if, and to the extent, the corrections are apparent from the Proposal as submitted, and in particular: (a) If there is a discrepancy between a unit price and the extended total, then the unit prices shall be deemed to be correct, and corresponding corrections will be made to the extended totals; (b) If a unit price has been given but the corresponding extended total has been omitted, then the extended total will be calculated from the unit price and the estimated quantity; and, (c) If an extended total has been given but the corresponding unit price has been omitted, then the unit price will be calculated from the extended total and the estimated quantity 3.1 Proposal Requirements The proposal shall include the following: 1. Understanding of the Scope of Work. Describe your understanding of the work to be performed. 2. Experience and Qualifications of Firm. List similar projects successfully completed within the last five (5) years. 3. Key Personnel. Please provide the names and qualifications of the key personnel assigned to this contract. 4. References. Provide a list of references from the past and current clients within the last five (5) years. 5 Schedule. Contractor shall submit a timeline as to when each task will be completed 6. Fee Proposal. The fee proposal will be reviewed but is not the sole factor in the selection process. Submit documentation associated with the pricing of each task. PART III PROPOSAL REQUIREMENTS 3-1 RULES FOR PROPOSALS In order to maintain comparability and enhance the review process, proposals shall be organized in the manner specified below and include all information required herein. The proposal must name all persons or entities interested in the proposal as principals. The proposal must declare that it is made without collusion with any other person or entity submitting a proposal pursuant to this RFP. 3-2 SUBMISSION OF PROPOSALS The proposal shall be submitted on 8 1 "x 11" paper, portrait orientation, with headings and sections numbered appropriately. Ensure that all information is written legibly or typed. The following should be submitted for a proposing firm to be considered: 3.2.1 Cover Page - Show the name of Proposer's agency/firm, address, telephone number, name of contact person, date, and the proposal number and description. 3.2.2 Tab 1- Table of Contents Include a clear identification of the material by section and by page number. 3.2.3 Tab 2 - Letter of Transmittal 3.2.3.1 Limit to one or two pages. 3.2.3.2 Briefly state the Proposers understanding of the work to be done and make a positive commitment to perform the work. 3.2.3.3 Give the names of the persons who will be authorized to make representations for the Proposer, their titles, addresses and telephone numbers. 3.2.3.4 Provide an official signature of a Corporate Officer certifying the contents of the Proposer's responses to the City's Request for Proposal. 3.2.4 Tab 3 - General Information 3.2.4.1 Name of Business. 3.2.4.2 Mailing Address and Phone Number. 3.2.4.3 Names and contact information of persons to be contacted for information or services if different from name of person in charge. 3.2.4.4 Normal business hours. 3.2.4.5 State if business is local, national, or international and indicate the business legal status (corporation, partnership, etc.). 3.2.4.6 Give the date business was organized and/or incorporated, and where. 3.2.4.7 Give the location of the office from which the work is to be done and the number of professional staff employees at that office. 151 l'aLz 3.2.4.8 Indicate whether the business is a parent or subsidiary in a group of firms/agencies. If it is, please state the name of the parent company. 3.2.4.9 State if the business is licensed, permitted and/or certified to do business in the State of Florida and attach copies of all such licenses issued to the business entity. 3.2.5 Tab 4 - Project Approach Describe in detail your proposal to fulfill the requirements of the scope of services listed in section 2.2 of this RFP. 3.2.6 Tab 5 - Experience and Qualifications 3.2.6.1 Specify the number of years the Proposer has been in business. 3.2.6.2 Identify the Proposer's qualifications to perform the services identified in this RFP as listed in section 2-2 of the Scope of Services. Include resumes, not exceeding one page each, of all key personnel who will be assigned to the City. 3.2.7 Tab 6 - Schedule 3.2.7.1 Include a timetable that identifies the amount of time required to complete each component of the Program. 3.2.7.2 Indicate the earliest available start date for your project team. 3.2.7.3 Indicate the project completion date based on the date provided in 3.2.7.1. 3.2.8 Tab 7 - Pricing of Services 3.2.8.1 Fee basis should be an all-inclusive, base fee. 3.2.9 Tab 8 - References 3.2.9.1 List a minimum of three (3) references in Florida for which the proposer has provided elevator services. Include the name of the organization, brief description of the project, name of contact person telephone number and email address. 3.2.10 Tab 9 - Additional Forms Proposers must compete and submit as part of its Proposal all of the following forms and/or documents • Proposer Qualifications • Certification regarding debarment and suspension • Drug Free workplace certification FAILURE TO SUBMIT ALL OF THE ABOVE REQUIRED DOCUMENTATION MAY DISQUALIFY PROPOSER. PART IV EVALUATION OF PROPOSALS 4-1 SELECTION COMMITTEE A Selection Committee, consisting of City personnel, will convene, review and discuss all proposals submitted. The Selection Committee will use a point formula during the review process to score proposals and assign points in the evaluation process in accordance with the evaluation criteria. The Proposer shall satisfy and explicitly respond to all the requirements of the RFP including a detailed explanation of how the services shall be performed. Each proposal will be reviewed to determine if the Proposal is responsive to the submission requirements outlines in the Solicitation. A responsive Proposal is one which follows the requirements of this Solicitation that includes all documents are submitted in the format outlined in this Solicitation, is of timely submission, and has the appropriate signatures as required on each document. Failure to comply with these requirements may result in the Proposal being deemed non -responsive. The Contract (s) will be awarded to the most responsive proposer whose Proposal best serves the interest of and represents the best values to the City of Opa-locka. 4-2 EVALUATION CRITERIA The Committee may select and choose to invite any and/or or all firms to make a presentation and be interviewed by the Committee as part of the evaluation process for this Solicitation. The Committee's decision will be communicated by staff to all Respondents. The Respondent's presentation may clarify but may not modify their submitted proposal. Any discussion between the presenter (s) and Evaluation Committee during presentations are intended only for purposes of providing clarification in response to questions from the Committee. Category Points Experience and Qualifications of professional personnel assigned to project List the profile, experience, and qualifications of the firm, along with the names, addresses, telephone numbers, licenses, educational background, applicable certifications, identification of the services provided to historic structures in Florida. Bidders without historic building experience will not be considered for evaluation. 25 Financial Ability and Resources The Evaluation Team will consider the Proponent's organization's financial ability and resources to carry out the project. 5 Local Workforce Participation The Evaluation Team will consider the Proponent's organization ability to implement initiatives in compliance with section 3 Federal requirements for local employment, training and contracts with project area businesses. The bidders are encouraged to demonstrate intent to hire local resident within the city limits. Project -specific policy to hire local residents with numbers, i.e. how many project -specific employees are projected to be hired from the city is expected to be included in the bid package. 10 17 1 I' ,t _r C Schedule and Quality Control The City will consider the Proponent's proposed project Quality control with timeline inclusive of mobilization and completion: The Evaluation Team will consider the Proponent's organization proposed project timeline inclusive of mobilization, construction schedule, milestones, closeout, and completion. Price Proposal The City will consider the proponent's price proposal only in terms of accuracy, completeness, value, local market, and substantiated industry standards: The Evaluation Team will consider the Proponent's price proposal in terms of accuracy, completeness, value, local market, and substantiated industry standards. The Evaluation Team will consider the Proponent's responses to attached questionnaires and all other forms and documents being a part of this RFP and Proponent's submittal. Items will comprise a technical review as further described in this RFP. Item f will represent the price proposal. The Evaluation Team will not be limited to the criteria referred to above, and the Evaluation Team may consider other criteria that the team identifies as relevant during the evaluation process. The Evaluation Team may apply the evaluation criteria on a comparative basis, evaluating the Proposals by comparing one Proponent's Proposal to another Proponent's Proposal. All criteria considered will be applied evenly and fairly to all Proposals. TOTAL 5 55 100 4-3 ORAL PRESENTATIONS Proposers may be required to make individual presentations to the City Selection Committee in order to clarify their proposals. Only those firms with the highest rated scores in accordance with the stated criteria and their weights will be invited to give oral presentations. However, the City has the right to accept the best proposal as submitted, without discussion or negotiation. If the City determines that such presentations are needed, a time and place will be scheduled for oral presentations. Each Proposer shall be prepared to discuss and substantiate any of the areas of the proposal submitted, and its qualifications to perform the specified services. During the oral presentations, the Proposers should relate their discussion to the evaluation criteria, which will include (but not be limited to) their approach to the project. The proposed Project Manager must be in attendance. The Evaluation Criteria may be changed for the oral presentation evaluation phase. References and site visits (if completed) shall be included in the final evaluation criteria, along with other criteria and weights as determined by the Selection Committee. Finalists will be informed as to the revised criteria, if any, prior to their oral presentation. Additionally, prior to award of an Agreement pursuant to this RFP, the City may require Proposers to submit such additional information bearing upon the Proposer's ability to perform the services in the Agreement as the City deems appropriate. 4-4 FINAL SELECTION The City of Opa-locka will select the firm that meets the best interests of the City. The City shall be the sole judge of its own best interests, the proposals, and the resulting negotiated agreement. The City's decisions will be final. Following the notification of the selected firm, it is expected that an Agreement will be executed between both parties. City staff will recommend award to the responsible Proposer whose Proposal is determined to provide overall best value to the City, considering the evaluation factors in this RFP. 4-5 AWARD AND CONTRACT EXECUTION After review by the Selection Committee of the proposals and oral presentations a recommendation will be made to the City Manager for submission to the City Commission for final approval. Upon Commission authorization, contract negotiations will be initiated with the first ranked firm. If those negotiations are unsuccessful, the City will formally terminate negotiations with the first ranked firm and will commence contract negotiations with the next ranked firm, etc. Upon successful contract negotiations with the prevailing firm, the remaining firms will be notified that the process has been completed and that they were not selected. 191 1'<< _ RFP NO. 23-0215100 PROPOSER QUALIFICATIONS REHABILITATION OF HISTORIC CITY HALL The Proposer, as a result of this proposal, MUST hold a County and/or Municipal Contractor's Occupational License in the area of their fixed business location. The following information MUST be completed and submitted with the proposal to be considered: 1. Legal Name and Address: Name: Address: City, State, Zip: Phone/Fax: 2. Check One: Corporation () Partnership () Individual () 3. If Corporation, state: Date of Incorporation: State in which Incorporated: 4. If an out-of-state Corporation, currently authorized to do business in Florida, give date of such authorization: 5. Name and Title of Principal Officers Date Elected: 6. The length of time in business: years 7. The length of time (continuous) in business as a service organization in Florida: years 8. Provide a list of at least three commercial or government references that the bidder has supplied service/commodities meeting the requirements of the City of Opa-locka specification, during the last twenty-four months. 9. A copy of County and/or Municipal Occupational License(s) Note: Information requested herein and submitted by the proposers will be analyzed by the City of Opa-locka and will be a factor considered in awarding any resulting contract. The purpose is to ensure that the Contractors, in the sole opinion of the City of Opa- locka, can sufficiently and efficiently perform all the required services in a timely and satisfactory manner as will be required by the subject contract. If there are any terms and/or conditions that are in conflict, the most stringent requirement shall apply. 20 1 RFP NO: 23-0215100 PRICE PROPOSAL FORM REHABILITATION OF HISTORIC CITY HALL PROPONENT understands and agrees that the Contract Price is the lump sum to furnish and install all of the Work complete in place. Vendor's price will not be adjusted unless the CITY changes the scope of the Project after the Contract Date. As such, the Vendor shall furnish all labor, materials, equipment, tools, superintendence, and services necessary to provide a complete, in place Project for the Proposed Price of: Division 2022 CONSTRUCTION COST SCHEDULE Description Estimate TOTALS 2 Site Demolition & Cleaning 2 Selective demo & cleaning bldg. 2 Sitework 2 Landscaping 2 Irrigation 2 Pavers 2 Fountain repair DIVISION 2 TOTALS DIVISION 3 3 Minaret tower repair $ 3 Elev Tower $ 3 SW Tower $ 3 Site Wall $ 3 Ext Stair Repairs $ $ DIVISION 3 TOTALS $ DIVISION 4 4 CMU Brick Repointing DIVISION 4 TOTALS DIVISION 5 5 Spiral Stair Rust clean & complete 5 Access Ladder - tower 5 Reinstall Top Core 5 Lift Cabin & Weld 5 Bridge Alum Rail $ $ 211 DIVISION 5 TOTALS $ DIVISION 6 6 Rough Carpentry - 6 Restore Interior Stair 6 Restore Interior Stair - handrail 6 Final repair - Ext Balcony 6 Finish millwork 6 2nd & 3rd floor wood decking DIVISION 6 TOTALS $ DIVISION 7 7 Finial Repair & Installation $ 7 Demolition BUR & damaged wood decking $ 7 New roof wood decking $ 7 New Roofing (insulation & BUR) as $ per Roof Consultant Recommendations 7 Repair broken tiles $ 7 Roofing Standing Seam $ 7 Joint Sealer $ 7 Domes repair $ 7 Cleanoutscupper DIVISION 7 TOTALS $ DIVISION 8 8 HM Doors & Frames $ 8 Door Hardware $ 8 Access Panels & Louvers $ 8 Windows - finish trim & repair broken $ glass DIVISION 8 TOTALS $ DIVISION 9 9 Stucco 9 Ceramic Tile 9 LVT Floor 9 Base 9 Wood Floor - Rehab 9 Acoustical Ceiling 9 Framing - finish 9 Selective demo & install insulation 9 Drywall 9 Wood Beams at Council 9 Exterior Painting 9 Interior Painting DIVISION 9 TOTALS $ 221 P c DIVISION 10 10 Toilet Accessories 10 Fire Extinguishers & Cabinets 10 Signage $ DIVISION 10 TOTALS $ DIVISION 14 14 Elevator complete DIVISION 14 TOTALS DIVISION 15 15 Fire Sprinklers complete 15 Snake Underground Sanitary Piping to verify condition 15 Complete Wall Rough Plumbing 15 Plumbing Fixtures 15 Sump Pump Elevator 15 HVAC Equipment 15 Ductwork 15 Test & Balance DIVISION 15 TOTALS $ DIVISION 16 16 Electrical Gear & Panel review 16 Light Fixtures (new vs old) 16 Fire & Security Alarm 16 Misc Pipe & Wire 16 Electrical Labor - complete scope DIVISION 16 TOTALS ESTIMATE TOTAL COST GENERAL CONDITONS & OHP - Assume 10% TOTAL CONSTRUCTION COST ESTIMATE $ 23 1 LL SUBMITTED DAY THIS OF BID SUBMITTED BY: 2023. Company Telephone Number Name of Person Authorized to Submit Bid Signature Title Fax Number Email Address CITY OF OPA-LOCKA CERTIFICATION REGARDING DEBARMENT, SUSPENSION PROPOSED DEBARMENT AND OTHER MATTERS OF RESPONSIBILITY 1. The Proposer certifies, to the best of its knowledge and belief, that the Proposer and/or any of its Principals: A. Are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency. B. Have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property; and C. Are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph 1-B of this provision. 2. The Proposer has not, within a three-year period preceding this offer, had one or more contracts terminated for default by any City, State or Federal agency. A. "Principals," for the purposes of this certification, means officers; directors; owners; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions). This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code. B. The Proposer shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Proposer learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. C. A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Proposer's responsibility. Failure of the Proposer to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Proposer non -responsive. D. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of a Proposer is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. E. The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Proposer knowingly 25 rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default. AS THE PERSON AUTHORIZED TO SIGN THE STATEMENT, I CERTIFY THAT THIS FIRM COMPLIES FULLY WITH THE ABOVE REQUIREMENTS. Signature Printed Name 26 CITY OF OPA-LOCKA RFP NO. 23-0215100 DRUG -FREE WORKPLACE CERTIFICATION FORM Whenever two (2) or more bids/proposals, which are equal with respect to price, quality, and service, are received by the CITY OF OPA-LOCKA for the procurement of commodities or contractual services, a bid/proposal received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. In order to have a drug -free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of controlled substances is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in number (1). 4. In the statement specified in number (1), notify the employees that as a condition for working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction on or plea of guilty or no contest to any violation of Chapter 893, Florida Statutes or of any controlled substance law of the United States or any singular state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of Section 287.087, Florida Statutes. This Certification is submitted by the (Name) of (Title/Position) (Company) who does hereby certify that said Company has implemented a drug -free workplace program, which meets the requirements of Section 287.087, Florida Statutes, which are identified in numbers (1) through (6) above. Date Signature 27 CITY OF OPA-LOCKA NON -COLLUSION AFFIDAVIT STATE OF FLORIDA - COUNTY OF MIAMI DADE being first duly sworn, deposes and says that: (1) He/She/They is/are the (Owner, Partner, Officer, Representative or Agent) of the PROPONENT that has submitted the attached proposal; (2) He/She/They is/are fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; (3) Such Proposal is genuine and is not a collusive or sham Proposal; (4) Neither the said PROPONENT nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other PROPONENT, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from Proposing in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any PROPONENT, firm, or person to fix any overhead, profit, or cost elements of the Proposal or of any other PROPONENT, or to fix any overhead, profit, or cost elements of the Proposed Price or the Proposed Price of any other PROPONENT, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; (5) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the PROPONENT or any other of its agents, representatives, owners, employees or parties of interest, including this affiant. Signed, sealed and delivered in the presence of: By: Witness Signature Witness Print Name and Title 28 NON-DISCRIMINATION AFFIDAVIT I, the undersigned, hereby duly sworn, depose and say that the organization, business or entity represented herein shall not discriminate against any person in its operations, activities or delivery of services under any agreement it enters into with the City of Opa-locka. The same shall affirmatively comply with all applicable provisions of federal, state and local equal employment laws and shall not engage in or commit any discriminatory practice against any person based on race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation or any other factor which cannot be lawfully used as a basis for service delivery. By: Title: Sworn and subscribed before this day of , 20 Notary Public, State of Florida (Printed Name) My commission expires: 29 E -VERIFY Effective January 1, 2021, public and private employers, contractors and subcontractors will be required to register with, and use of the E -verify system in order to verify the work authorization status of all newly hired employees. Vendor/Consultant/Contractor acknowledges and agrees to utilize the U.S. Department of Homeland Security's E -Verify System to verify the employment eligibility of: a) All persons employed by Vendor/Consultant/Contractor to perform employment duties within Florida during the term of the contract; and b) All persons (including sub-vendors/sub-contractors) assigned by Vendor /Consultant/ Contractor to perform work pursuant to the contract with the Department. The Vendor /Consultant/ Contractor acknowledges and agrees that use of the U.S. Department of Homeland Security's E -Verify System during the term of the contract is a condition of the contract with the City; and By entering into a Contract, the Contractor becomes obligated to comply with the provisions of Section 448.095, Fla. Stat, "Employment Eligibility," as amended from time to time. This includes but is not limited to utilization of the E -Verify System to verify the work authorization status of all newly hired employees, and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. If t contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of 1 year after the date of termination. The Contractor acknowledges it is liable to the City for any additional costs as a result of termination of the contract due to Contractor's failure to comply with the provisions herein. 30 E -VERIFY FORM Definitions: "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. Effective January 1, 2021, public and private employers, contractors and subcontractors will begin required registration with, and use of the E -verify system in order to verify the work authorization status of all newly hired employees. Vendor/Consultant/Contractor acknowledges and agrees to utilize the U.S. Department of Homeland Security's E -Verify System to verify the employment eligibility of: a) All persons employed by Vendor/Consultant/Contractor to perform employment duties within Florida during the term of the contract; and b) All persons (including sub-vendors/subcompanies/subcontractors) assigned by Vendor/Consultant/Contractor to perform work pursuant to the contract with the Department. The Vendor/Consultant/Contractor acknowledges and agrees that use of the U.S. Department of Homeland Security's E -Verify System during the term of the contract is a condition of the contract with the City of Opa-locka; and Should vendor become successful Contractor awarded for the above -named project, by entering into this Contract, the Contractor becomes obligated to comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes but is not limited to utilization of the E -Verify System to verify the work authorization status of all newly hired employees, and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of 1 year after the date of termination. Company Name: Authorized Signature: Print Name: Title: Date: 31