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HomeMy Public PortalAbout09-7430 S. Davis & Assoicates Sponsored by: City Manager RESOLUTION NO. 0 9-7 4 3 0 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, ACCEPTING THE PROPOSAL FROM S. DAVIS & ASSOCIATES, P.A. IN RESPONSE TO RFP NO. 08-1231 FOR CONSTRUCTION AUDITING SERVICES TO BE COMPLETED WITHIN NINETY (90) DAYS FROM THE DATE OF CONTRACT EXECUTION; FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE AN AGREEMENT WITH S. DAVIS & ASSOCIATES, P.A., IN A CONTRACT FORM ACCEPTABLE TO THE CITY ATTORNEY,PAYABLE FROM ACCOUNT NO. 17-513320 WHEREAS, the City Commission of the City of Opa-locka ("City Commission") adopted Resolution 08-7348, authorizing the City Manager of the City of Opa-locka ("City") to issue a Request for Proposals (RFP) for Construction Auditing Services; and WHEREAS, RFP No. 08-1231 requested proposals from a qualified auditor to provide a construction audit of the overall Curtiss Drive/Perviz Ave roadway and infrastructure improvement project; and WHEREAS, the RFP review committee evaluated the proposals submitted to the City in response to RFP No. 08-1231 and selected S. Davis & Associates, P.A., as the most responsive and responsible proposal for construction auditing services; and WHEREAS, the City Manager is recommending that the City Commission authorize the City Manager to enter into and execute an agreement with S. Davis & Associates, P. A. for construction auditing services to be completed within ninety (90) days for the date of execution. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble are hereby incorporated by reference. Resolution No. 0 9—7 4 3 0 Section 2. The City Commission of the City of Opa-locka hereby accepts the proposal submitted by S. Davis & Associates, P.A., in response to RFP No. 08-1231 for Construction Auditing Services. Section 3. The City Commission of the City of Opa-locka hereby authorizes the City Manager to enter into and execute an agreement with S. Davis & Associates, P.A., for construction auditing services to be completed within ninety (90) days from the date of contract execution and in a contract form acceptable to the City Attorney, payable from Account No. 17- 513320. Section 4. The City Manager is hereby authorized to take all necessary and expedient action to effectuate the intent of this resolution. Section 5. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 25 day of FEBRUARY , 2009. gari JOSE L. LLEY • YO ' Attest: Approved as to f. 1 • d legal suffi iency: eborah S. Ir. Burnadette Norris-Weeks City Clerk City Attorney Moved by: JOHNSON Seconded by: HOLMES Commission Vote: 5-0 Commissioner Holmes: YES Commissioner Johnson: YES Commissioner Tydus: YES Vice-Mayor Taylor: YES Mayor Kelley: YES v, a oca 3. tef 1B apacatzfiacKA Memorandum TO: Mayor Joseph Kelley Vice-Mayor Myra L. Taylor Commissioner Dorothy Johnson Commissioner Timothy Holmes Commissioner Rose Tydus FROM: y ' an. er DATE: February 6,2009 RE: S.DAVIS & ASSOCIATES Request: APPROVAL OF S. DAVIS & ASSOCIATES TO PROVIDE CONSTRUCTION AUDITING SERVICES FOR THE CITY PER RFP NO. 08-01231 PAYABLE FROM ACCOUNT NO. 17-513320 Description: The City requested proposals seeking a qualified professional auditor to provide construction auditing services per Resolution #08-7348. The overall objective is the audit of a construction project to assess whether the contracts were properly administered prior to and subsequent to award. Proposals were received December 31, 2008. A review committee was established to evaluate and rate the proposals. S. Davis &Associates, P.A. was determined to be the most responsive proposer. Financial Impact: This service was not included in the FY 2009 Adopted Budget but will be provided for in the FY 2009 Budget Amendment. The account number is 17-513320. Implementation Timeline: Once approved contract negotiations will begin and we expect that work will begin in 30 days. Legislative History: None. Recommendation(s): Staff recommends approval. Analysis: The scope of the audit focuses on the Curtiss Drive/Perviz Avenue roadway and infrastructure project. This project was funded in part by Miami Dade County (County). The audit will provide the County with assurances that the project was awarded and monitored in accordance with proper procedures. The County has requested for this assurance before the release of $400,000.00 in architectural and engineering costs associated with this project. ATTACHMENT(S): 1.Rating Summary 2.Resolution#08-7348 3.RFP No.08-01231—Construction Auditing Services PREPARED BY: Dr.Ezekiel Orii,CPA ,rk 9 f. L CITY OF OPA-LOCKA CERTIFICATION OF PROPOSALS RECEIVED REQUEST FOR PROPOSALS (RFP)#08-01231 CONSTRUCTION AUDIT SERVICES I,Deborah S.Irby,City Clerk of the City of Opa-locka,Florida,do hereby certify that according to the provisions of Sec.2-320.1 of the City's Code of Ordinances,sealed proposals were opened at the Office of the City Clerk, 780 Fisherman Street, 4th floor, Opa-locka, Florida,at 10:05 a.m. this 31St day of December,2008. PROPOSALS RECEIVED Name of Company Berman,Hopkins,Wright&Laham See attached proposal CPA's and Associates, LLP 8035 Spyglass Hill Road Melbourne,FL 32940 Tele: 321-757-2020 Fax: 321-242-4844 Contact: Ross A. Whitley, CPA, Partner Website: www.bermanhopkins.com Reznick Group,P.C. See attached proposal 4711 W. Golf Road Suite 200 Skokie,IL 60076-1236 Tele: 847-324-7500 Fax: 847-324-7501 Contact: Moarij Khan, CPA,Principal Website: www.reznickgroup.com S. Davis&Associates, P.A. See attached proposal 160 NW 176th Street, Suite 400-1 Miami Gardens,FL 33169 Tele: 305-628-1510 Fax: 305-628-1595 Contact: Shaun M.Davis, CPA/Managing Partner Email: sdavis @sdaviscpa.com Website: www.sdaviscpa.com I further certify that the sealed proposals submitted were properly opened in my presence and also the following: r--4LA)---) IASST. CITY CLERK a } rf a << s L.}iP1r+J E}(yLr�J yr` • Memorandum TO: Mayor Joseph Kelley Vice-Mayor Myra L. Taylor Commissioner Dorothy Johnson Commissioner Timothy Holmes Commissioner Rose Tydus FROM: B w !?"*"`�=— m i y ' an,ger DATE: February 6,2009 RE: S. DAVIS & ASSOCIATES Request: APPROVAL OF S. DAVIS & ASSOCIATES TO PROVIDE CONSTRUCTION AUDITING SERVICES FOR THE CITY PER RFP NO. 08-01231 PAYABLE FROM ACCOUNT NO. 17-513320 Description: The City requested proposals seeking a qualified professional auditor to provide construction auditing services per Resolution #08-7348. The overall objective is the audit of a construction project to assess whether the contracts were properly administered prior to and subsequent to award. Proposals were received December 31, 2008. A review committee was established to evaluate and rate the proposals. S. Davis &Associates,P.A. was determined to be the most responsive proposer. Financial Impact: This service was not included in the FY 2009 Adopted Budget but will be provided for in the FY 2009 Budget Amendment. The account number is 17-513320. Implementation Timeline: Once approved contract negotiations will begin and we expect that work will begin in 30 days. Legislative History: None. Recommendation(s): Staff recommends approval. Analysis: The scope of the audit focuses on the Curtiss Drive/Perviz Avenue roadway and infrastructure project. This project was funded in part by Miami Dade County (County). The audit will provide the County with assurances that the project was awarded and monitored in accordance with proper procedures. The County has requested for this assurance before the release of $400,000.00 in architectural and engineering costs associated with this project. ATTACHMENT(S): 1. Rating Summary 2. Resolution#08-7348 3.RFP No.08-01231—Construction Auditing Services PREPARED BY: Dr.Ezekiel Orii,CPA Sponsored by: City Manager RESOLUTION NO. 0 8-7 3 4 8 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A REQUEST FOR QUALIFICATIONS (RFQ) FOR PROFESSIONAL AUDITING SERVICES TO PROVIDE CONTRACT SPECIFIC AUDITS OF CONSTRUCTION CONTRACTS ENTERED INTO BY THE CITY. WHEREAS, the City Commission of the City of Opa-locka("City Commission") desires to conduct an audit of construction contracts entered into by the City of Opa-locka ("City") for major infrastructure improvement projects paid for through various grant awards and interlocal agreements; and WHEREAS, the City Commission desires to issue a Request for Qualifications (RFQ) for professional financial auditing services for contract specific audits of construction contracts entered into by the City. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA: Section 1. The recitals to the preamble here are incorporated by reference. Section 2. The City Commission of the City of Opa-locka hereby authorizes the City Manager to issue a Request for Qualifications (RFQ) for professional financial auditing services for contract specific audits of construction contracts entered into by the City. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 24 day of SEPTEMBER, 2008. -t JOSEPH L. r"LEY MAYO ' Attest: Approved as to form and legal sufficiency: ffl' .44' orate S. Irby Burnadette Norris-Weeks City Clerk City Attorney Moved by: HOLMES Seconded by: JOHNSON Commission Vote: 3-1 Commissioner Tydus: YES Commissioner Holmes: YES Commissioner Miller: NO Vice-Mayor Johnson: OUT OF ROOM Mayor Kelley: YES CONSTRUCTION AUDIT SERVICES RATING FORM SUMMARY ZEKE FRITZ SHIRLEY CAROL TOTAL COST BERMAN 9 9 9 9 36 REZNICK 17 17 17 17 68 S. DAVIS 30 30 30 30 120 ABILITY BERMAN 21 25 23 24 93 REZNICK 20 25 23 24 92 S. DAVIS 25 25 24 20 94 EXPERIENCE BERMAN 18 10 19 10 57 REZNICK 12 10 14 14 50 S. DAVIS 18 20 12 9 59 UNDERSTANDING BERMAN 10 5 8 10 33 REZNICK 8 5 8 10 31 S. DAVIS 8 10 8 10 36 REFERENCES BERMAN 3 3 3 3 12 REZNICK 3 3 3 3 12 S. DAVIS 5 5 5 5 20 SUMMARY S. DAVIS REZNICK BERMAN COST 120 68 36 ABILITY 94 92 93 EXPERIENCE 59 50 57 UNDERSTANDING 36 31 33 REFERENCE 20 12 12 TOTAL 329 253 231 CITY OF OPA-LOCKA 044, 410)„...---- ® `'�,� }'�• eta! ` P$r'�. AAA®RAI° RFP NO: 08-01231 CONSTRUCTION AUDIT SERVICES * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *CITY OF OPA-LOCKA*780 FISHERMAN STREET, 4th FLOOR*OPA-LOCKA*FLORIDA*33054* RFP No.08-01231 Construction Audit Services 1 /F‘ \o CITY OF OPA-LOCKA c„..„.._ 0 "- f `''• CONSTRUCTION AUDIT SERVICES \ _', giVaikik:iiy sit, —SEA RFP NO. 08-01231 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 11 Part IV- Evaluation of Proposals 13 Proposer Qualifications 15 Debarment, Suspension Certification 16 Drug-Free Certification 18 RFP No.08-01231 Construction Audit Services 2 o4 CPS kq O CITY OF OPA-LOCKA 0. �r o 2 OQNORAS 6� Advertisement for Request for Proposals RFP NO. 08-01231 CONSTRUCTION AUDIT SERVICES Proposals for CONSTRUCTION AUDIT SERVICES will be received by the City of Opa-locka at the Office of the City Clerk, 780 Fisherman Street, 4th Floor, Opa-locka, Florida 33054, Wednesday, December 31, 2008 at 10:00am. Any proposals received after the designated closing time will be returned unopened. The purpose of this Request for Proposal is to seek assistance of a qualified professional auditing firm to provide construction audit services to the City of Opa-locka. An original and five (5) copies of the proposal shall be submitted in sealed envelopes/packages addressed to Deborah S. Irby, City Clerk, City of Opa-locka, Florida, and marked `RFP NO — 08-01231-- Construction Audit Services." Proposers desiring information for use in preparing proposals may obtain a set of such documents from the Clerk's Office, 780 Fisherman Street, 4th Floor, Opa-locka, Florida 33054, Telephone (305) 953-2800 or copies of the RFP requirements may also be obtained by visiting the City's website at www.opalockafl.gov, (click "RFP/BIDS"located on the right hand side of the screen and follow the instructions). 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 the contract to that proposer whose proposal best complies with the RFP requirements. Proposers may not withdraw their proposal for a period of ninety (90) days from the date set for the opening thereof. Deborah S. Irby Deborah S. Irby City Clerk RFP No.08-01231 Construction Audit Services 3 CITY OF OPA-LOCKA RFP NO. 08-01231 CONSTRUCTION AUDIT SERVICES PART I PROPOSAL GUIDELINES 1-1. Introduction: The City of Opa-locka is requesting proposals from qualified professional consultants to provide construction auditing services. The overall objective is the audit of a construction contract to assess whether the contracts were properly administered prior to and subsequent to award. The scope of the audit focuses on one project within the City with a cost of over $5 million. 1-2. Proposal Submission and Withdrawal: The City must receive all proposals in a sealed envelope by 10:00 am on Wednesday, December 31, 2008. The proposals shall be submitted at the following address: 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. 08- 01231 — Construction Audit Services. 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) 953-2800 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 five (5) copies 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. RFP No.08-01231 Construction Audit Services 4 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 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 seven (7) 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 best proposal has been identified, approved by the appropriate level of authority within the City and executed by all parties. The City anticipates that the final Agreement will be in substantial conformance with this sample Agreement; nevertheless, Proposers are advised that any Agreement may result from the RFP may deviate from the Sample Agreement. The City reserves the right to reject all proposals, to abandon the project and/or to solicit and re-advertise for other proposals. 1-8. Contractual Agreement: This RFP 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. RFP No.08-01231 Construction Audit Services 5 The City reserves the right ' -'.irther negotiate any proposal, inc 'ng 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 entity crime. No public entity shall award any contract to, or transact any business in excess of the threshold amount provided in RFP No.08-01231 Construction Audit Services 6 Section 287.017 Florida St- +es for Category Two (currently -,000) with any person or affiliated on the "Convicted �.;,idor List" for a period of thirty-six (3v) 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 Work Place (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 lease 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 effected by the delivery to the contractor at least five (5) working days before the effective date of a Notice of Termination specifying the extent to which performance shall be terminated and the date upon which termination becomes effective. An equitable adjustment in the contract price shall be made for the completed service, but no amount shall be allowed for anticipated profit on unperformed services. RFP No.08-01231 Construction Audit Services 7 PART II SCOPE OF SERVICES 2-1 PURPOSE AND SCOPE OF WORK The scope of the audit focuses on one project within the City with a cost of over $5 million. The overall objective of the audit of the construction contract is to assess whether the contracts were properly administered prior to and subsequent to awarding. Specific objectives are as follows: • Determine whether proper procurement procedures were followed to award of contracts; • Assess whether required supporting documentation was submitted along with Applications for Payment (invoices) and whether the invoices were properly authorized; • Verify whether change orders were executed timely and within the contract term; • Assess whether change orders were justified, properly authorized, and executed prior to paying contractors; • Verify that adequate documentation was maintained to substantiate the cost of the work resulting from the change orders; • Evaluate whether the cost of the work resulting from change orders was determined in accordance with the general conditions set forth in the contract agreements; • Evaluate whether contract was adequately controlled to prevent fraud, waste and abuse. 2-2 QUALIFICATIONS In order to be evaluated and considered for award, Respondent must demonstrate financial stability. Respondent shall provide at a minimum, the following financial information: a. A Statement regarding firm's financial stability including information as to current or prior bankruptcy proceedings. b. Dun & Bradstreet (D&B) Supplier Evaluation Report (SER) or similar type report. All costs associated with this report shall be borne by Respondent. c. Provide a letter of bonding capacity from a Surety Company authorized to do business in the State of Florida. d. Type of Business: The Respondent shall identify the type of business entity involved (e.g.; sole proprietorship, partnership, corporation, joint venture, etc.) The Respondent shall identify whether the business entity is incorporated in Florida, another state, or a foreign country. Indicate years in business; changes in ownership; bank reference; and other information to verify financial responsibility. If the Respondent is a corporation, provide a copy of the certification from the Florida Secretary of State verifying respondent's corporate status and good standing, and in the case of out-of-state corporation, evidence of authority to do business in Florida. Provide the Federal Employer Identification Number of the Respondent. In the case of a sole proprietorship or partnership, provide the Social Security numbers for all owners/partners. RFP No.08-01231 Construction Audit Services 8 e. Principals: the Respondent must provide the name and address of all persons or entities serving or intending to serve as principals in the respondent's firm. f. License Sanctions: List any regulatory or license agency sanctions. The City may perform a background check on respondent with all state and regulatory agencies. g. Drug-Free Workplace: If applicable, provide a statement concerning the Respondent's status as a Drug-Free Work Place. Proposals received which are equal with respect to price, quality, and service and that have provided proper certification that a business has implemented a drug-free workplace program, shall be given preference in the award process. h. Summary of Litigation: Provide a summary of any litigation; claim(s); proposal, bid or contract dispute(s) filed by or against the Respondent in the past five (5) years, which is related to the services, that Respondent provides in the regular course of business. The summary shall state the nature of the litigation, claim, or contact dispute, a brief description of the case, the outcome or projected outcome, and the monetary amounts involved. 2-3 GENERAL REQUIREMENTS a. Proposals shall demonstrate that the Respondent has the capability, experience and expertise necessary to provide Construction Auditing Services. b. The auditing services shall consist of the following procedures during the review of construction documentation: 1. Verification of all construction costs 2. Read Contract and related documents 3. Extract terms 4. Validate terms 5. Examine unusual transactions 6. Review related party transactions 7. Review costing of Change Orders 8. Review contingency cost charges against contract provisions 9. Recalculate shared Savings 10. Documents contractor's cost system 11. Evaluate close-out procedures c. The audit shall be performed in accordance with generally accepted accounting standards. d. The firm should provide a schedule of rates per staff member. Should the City desire to engage the firm to perform additional services during the term of the contract, such additional services will be negotiated with the firm and the City. All negotiation made by both parties shall be placed in writing prior to the commencement of any work outside of the scope of the audit. e. The firm shall indicate the name and experience of the individual who will be in charge of the audit. Approximate size of the staff and the anticipate date of completing the audit within the time frame stated. RFP No.08-01231 Construction Audit Services 9 2-7 COST PORTION OF PROPOSAL 1. Total All-Inclusive Price of Construction Audit Services This section of the proposal should contain the total maximum pricing information relative to performing the construction audit services as described in this request for proposal. The total all-inclusive maximum price to be bid is to contain all direct and indirect costs including all out-of-pocket expenses. Please provide an hourly rate and/or a not to exceed annual rate. Please include a list of expenses that would be billed to the City of Opa-Locka, i.e. mileage, copying/fax charges, etc. 2. Rates for Additional Services If it should become necessary for the City to request any additional services to either supplement the services requested in this RFP or to perform additional work as a result of the specific recommendations included in any report issued on this engagement, then such additional work shall be performed only if set forth in an addendum to the agreement between City and the firm. Any such additional work agreed to between City and the firm shall be performed at the same rates set forth in the proposal amounts described above. 3. Manner of Payment Payments will be made on a monthly basis, upon receipt of statement for service, or on another basis if agreed to by both parties. 2-8 CITY CONTRACT COORDINATOR The City's Contract Coordinator for these services will be Ezekiel Orji, PhD, CPA, Assistant City Manager/Finance Director. After the contract is negotiated, all communications and correspondence shall be directed to Ezekiel Orji, PhD, CPA, Assistant City Manager/Finance Director at 780 Fisherman Street, 4th Floor, Opa-locka, FL 33054. RFP No.08-01231 Construction Audit Services 10 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 %2 "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: 1. An original copy (so marked) of the proposal and five (5) copies must be sealed in one package and clearly labeled "RFP No. 08-01231 — Construction Audit Services" on the outside of the package. 2. Title Page showing the request for proposal number, subject, the firm's name, the contact person's name, address and telephone number and the date of the proposal. 3. Table of Contents should include a clear and complete identification of the materials submitted by section and page number. 4. Transmittal Letter summarizing in a brief and concise manner the Proposer's understanding of the work to be performed, the commitment to perform the work within the anticipated time period, a statement why the firm believes itself to be best qualified to perform the engagement, and a statement that the proposal remains in effect for ninety (90) days. An authorized agent of the Proposer must sign the Letter of Transmittal indicating the agent's title or authority. 5. Company Profile: Is your company local, regional or national in scope? How many employees are employed company-wide? How long has the company in its existing form been in existence? How long has the company been in existence in any form? Give a brief history, if needed, concerning the changing company identity. 6. Experience and qualifications of the firm with the name, address, telephone number, licenses and certifications of the principals of the proposing firm, number of years the firm has been in business, and five similar government entities (specify name of entity, contact person, address and phone number), for whom your firm has provided services within the last five years including a brief description of the project, and contract award amount. The City may contact these references. 7. List three (3) terminated Construction Audit contracts. Specify name of entity, contact person, address and phone number; date services were terminated; reason services terminated. 8. Identify all members of the proposed auditing team that will service the City's account and define the role of each member. Include the experience of the members who will review the specialized funds. Indicate the primary point of contact at the local office and for field inquiries. 9. Describe any disciplinary action taken against the firm or any individual associated with the firm by the State of Florida Board of Accountancy within the last three (3) years. RFP No.08-01231 Construction Audit Services 11 10.Detailed Proposal with all the required information and sigr `pares as specified, including a work plan, schedulL .nd any additional information relev,...L to the scope of work. The detailed proposal should follow the order set forth in this Request for Proposal. 11.Executed copy of Drug Free Workplace Form attached to this Request for Proposal. 12.Statement acknowledging receipt of each addendum issued by the City. 13.Proposal must be signed by an officer or employee having authority to legally bind the Proposer. 3-4 TECHNICAL PROPOSAL The purpose of the technical proposal is to demonstrate the qualifications, competence, and capacity and methodology of the firms seeking to provide the services in conformity with the requirements of this Request for Proposal. As such the substance of proposals will carry more weight than their form or manner of presentation. The technical proposal should demonstrate the combined qualifications of the firm and of the particular staff to be assigned to this engagement. It should also specify an approach that will meet the Request for Proposal requirements. The technical proposal should address all of the points outlined in the Request for Proposal. The proposal should be prepared simply and economically, providing a straightforward, concise description of the Proposer's capabilities to satisfy the requirements of the Request for Proposal. While additional data may be presented, the following subjects must be included — Licenses, Firm Qualifications and Experience, Staff Qualifications and Experience, Similar Projects with Other Government Entities, Specific Approach, and Proof of Insurance. RFP No.08-01231 Construction Audit Services 12 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 Purchasing Officer will chair the committee. 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. 4-2 EVALUATION CRITERIA Only proposals that meet minimum requirements will be scored. Proposals that meet the minimum Technical requirements will be evaluated based on the following criteria: 1. Ability to Perform 30 points 2. Proposal Price 30 points 3. Experience of Firm/Dedicated Staff 20 points 4. Understanding of Project/Letter of Transmittal 10 points 5. References 10 points 100 points 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 presentations 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. RFP No.08-01231 Construction Audit Services 13 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. The City will not be under any requirement to complete the evaluation by any specific date and reserves the right to suspend or postpone the evaluation process should the need arise due to budget constraints, time constraints or other factors as directed by the City. However, it is anticipated that the review/evaluation process will be completed in a timely manner. 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. It is expected that a contract will be negotiated within sixty (60) days of Commission approval. RFP No.08-01231 Construction Audit Services 14 RFP NO. 08-01231 CONSTRUCTION AUDIT SERVICES PROPOSER QUALIFICATIONS 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 five commercial or government references that the bidder has supplied service/commodities meeting the requirements of the City of Opa-locka specification, during the last twenty-four months. 9. A copy of County and/or Municipal Occupational License(s) Note: Information requested herein and submitted by the proposers will be analyzed by the City of Opa-locka and will be a factor considered in awarding any resulting contract. The purpose is to insure 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. RFP No.08-01231 Construction Audit Services 15 CITY OF OPA-LOCKA OQp_Lock ,° A CERTIFICATION REGARDING DEBARMENT, SUSPENSION • a&ViL►• 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 RFP No.08-01231 Construction Audit Services 16 that which is normally -ossessed by a prudent person in th' 1rdinary course of business dealings. E. The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Proposer knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default. AS THE PERSON AUTHORIZED TO SIGN THE STATEMENT, I CERTIFY THAT THIS FIRM COMPLIES FULLY WITH THE ABOVE REQUIREMENTS. Signature Printed Name RFP No.08-01231 Construction Audit Services 17 roc CITY OF OPA-LOCKA ti`?:1 RFP NO 08-01231 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 RFP No.08-01231 Construction Audit Services 18